Selectboard Meeting Minutes

Minutes of 5/30/2023

June 1st, 2023

Carroll Board of Selectmen
Meeting Minutes
May 30, 2023

“These minutes of the Town of Carroll Select Board have been recorded by its Secretary. Though believed to be accurate and correct they are subject to additions, deletions and corrections by the Select Board at its next meeting when the Board votes its final approval of the minutes. They are being made available at this time to conform to the requirements of New Hampshire RSA 91-A:2.”

Minutes recorded by Heather Brown, Secretary
Board Members: Jules Marquis, John Greer, Ken Mills

Members of the Public: David Scalley, Chris Pappas, Imre Szauter, Bobbi Amirault, Vern Amirault, Greg Hogan, Jeff Duncan, Paul Hayes, Donna Goettler, Melissa Jellison.

The meeting was called to order at 4:59 p.m. by Chairperson Marquis.

Pledge of Allegiance.

APPROVAL OF 5/16/2023 SELECT BOARD PUBLIC HEARING & MEETING MINUTES – Selectperson Mills motioned to approve the 5/16/2023 Select Board public hearing and meeting minutes as written; Selectperson Greer seconded. Discussion – none. All in Favor: Mills-AYE, Greer-AYE, Marquis-AYE.

APPROVAL OF 5/22/2023 SELECT BOARD MEETING MINUTES – Selectperson Mills motioned to approve the 5/22/2023 Select Board meeting minutes as written; Selectperson Greer seconded. Discussion – none. All in Favor: Mills-AYE, Greer-AYE, Marquis-AYE.

APPROVAL & SIGNING OF MANIFESTS – The Board all confirmed they signed.

SPECIAL OFFICER PAY RATE INCREASE POLICY – The Secretary explained that the Board had discussed at a previous meeting to increase the rate of the special officer pay from $25.00 to $28.00, effective May 28, 2023. The Secretary further explained that the purpose of tonight is just a formality, so the increase is documented and put into the policy book for future reference. Selectperson Mills motioned to approve and sign the special officer pay rate increase policy from $25 to $28, effective May 28, 2023; Selectperson Greer seconded. Discussion – none. All in Favor: Mills-AYE, Greer-AYE, Marquis-AYE.

ONE SOURCE SECURITY ID BADGES (SZAUTER) – Imre Szauter presented the Board with a quote from Once Source Security, totaling $907.90. Szauter explained that the badges would be for Police and Fire department personnel, as well as the Fire Auxiliary members. Szauter further highlighted that the technology badges for Police and Fire personnel would have their personal information and photo, allowing them to enter the building and eliminate the need to have a separate key card for entry. Szauter noted that the Twin Mountain Fire Auxiliary members would only have non-technology badges. Szauter explained the difference in price of a Printed Technology Badge ($15.25 per badge) and a Printed Non-Technology Badge ($8.10 per badge). Fire Chief Duncan also confirmed that the amount was budged this year for this purpose. Selectperson Mills motioned to approve and sign the One Source Security Quote for ID badges; Selectperson Greer seconded. Discussion – none. All in Favor: Mills-AYE, Greer-AYE, Marquis-AYE.

BAND CONTRACT FOR SUMMER KICK-OFF PARTY – The Board reviewed the contract for The Barnyard Incident, the band performing at the Summer Kick-Off party on June 24, 2023. Selectperson Mills motioned to approve and sign the band contract for the summer kick-off party; Selectperson Greer seconded. Discussion – none. All in Favor: Mills-AYE, Greer-AYE, Marquis-AYE.

SIGN PERMIT (211-012-000-000) – The Board reviewed the contract for the Roman Catholic Bishop of Manchester (Our Lady of the Mountains Shrine). Selectperson Mills motioned to approve and sign the sign permit for the Roman Catholic Bishop of Manchester; Selectperson Greer seconded. Discussion – none. All in Favor: Mills-AYE, Greer-AYE, Marquis-AYE.

DRIVEWAY PERMIT (418-001-000-000; PHILLIPS) – The Board reviewed the driveway permit for Phillips. Selectperson Mills motioned to approve and sign the driveway permit for Phillips; Selectperson Greer seconded. Discussion – none. All in Favor: Mills-AYE, Greer-AYE, Marquis-AYE.

FOLLOW UP

LAND USE SECRETARY POSITION – Selectperson Mills asked the Board to defer the topic to non-public. The Board agreed.

OTHER

SUPPLEMENTAL WATER WARRANT (O’BRIEN) – The Board reviewed the supplemental water warrant for O’Brien, totaling $40.00. Selectperson Mills made a motion to approve and sign the supplemental water warrant for O’Brien; Selectperson Greer seconded. Discussion – none. All in Favor: Mills-AYE, Greer-AYE, Marquis-AYE.

Selectperson Greer updated the Board on the status of the Recreation Summer Kick-Off Party. Selectperson Greer highlighted the need to have School Street closed on June 24th and suggested signage, the week prior, be put up to notify the public. Selectperson Greer also discussed the need for trash cans, additional picnic tables, and an additional porta-potty. Discussion regarding not needing a crossing guard. Discussion regarding fireworks. Selectperson Mills made a motion to close down School Street on June 24th; Selectperson Greer seconded. Discussion – none. All in Favor: Mills-AYE, Greer-AYE, Marquis-AYE.

Imre Szauter updated the Board on the newly installed thermostats in the Town Hall Building, noting they can be controlled remotely, allowing the staff to make appropriate changes based on comfort.

Bobbi Amirault wanted to thank the Garden club for their support with the Plant Sale, as well as the Fire Department for the use of their tables.

Jeff Duncan expressed that the Memorial Day event went very well, noting it was one of the busiest and best-attended events ever, and further gave kudos to Bonnie Moroney for organizing the event, as well as everyone involved.

Jeff Duncan informed the Board of the cost of a Zoom subscription, after previous discussion regarding the anticipated fundraising class that the Treasurer spoke of at a previous meeting. Duncan explained that the subscription would be $150 for the year and could be utilized by all the departments. Discussion regarding the subscription previously being used during the pandemic. Discussion regarding needing to have a Zoom administrator to allow attendees to join the class. Discussion regarding waiting to purchase the Zoom subscription until the Treasurer confirms the method (in-person or Zoom) of the class. Discussion regarding the ability to record the class with the Zoom subscription and the benefits.

Donna Goettler, Recreation Director, briefed the Board on the status of the Summer Kick-Off Party. Discussion regarding Rek-Lis Brewing Co. only providing the food truck, noting there would be no beer served. Discussion regarding not needing a designated area if there will be no beer served. Discussion regarding the Board issuing a waiver to allow alcohol to be consumed on Town property at the event on June 24th. Selectperson Mills motioned to sign a waiver for prohibiting alcohol from 5:00pm to 9:30pm on June 24th at the gazebo area; Selectperson Greer seconded. Discussion – Selectperson Mills confirmed the Board could waive an ordinance and further confirmed that the Select Board would be waving the prohibition for a given period of time, not the actual ordinance; Fire Chief Duncan confirmed. All in Favor: Mills-AYE, Greer-AYE, Marquis-AYE.

Continued discussion regarding the fireworks and issues that were brought to the Board’s attention by the Recreation Director and the Fire Chief. The Board unanimously agreed that there would be no fireworks display at the Summer Kick-Off Party.

Discussion regarding the Sno-Cone vendor needing a permit. Selectperson Greer requested that the Health Officer be contacted and the item be tabled until the following meeting.

Discussion regarding trash cans and picnic tables. Greg Hogan confirmed that he would help.

Selectperson Mills explained that there has been a previous issue brought up and since the last meeting, the Board has received information from the New Hampshire Municipal Association (NHMA). Selectperson Mills requested that the secretary include the information in a sanitized format in the meeting minutes, noting that the Board is doing their research and there is a process in place. Selectperson Mills motioned to have the secretary submit the sanitized information from NHMA into the meeting minutes; Selectperson Greer seconded. Discussion – None. All in Favor: Mills-AYE, Greer-AYE, Marquis-AYE. The sanitized version of information from NHMA is below:

The Selectboard, Town of Carroll wanted to share some researched information with the public regarding public meetings, their conduct, and some broader information regarding public boards.
Regarding a citizen’s assertion that a letter submitted by him/her at a public meeting of the select board was required to be included in the minutes of that meeting. This is incorrect.
As provided in RSA 91-A:2, II, members of the public shall be permitted to attend public meetings of the select board and during that attendance they shall “be permitted to use recording devices, including, but not limited to, tape recorders, cameras, and videotape equipment, at such meetings.” There is no provision in this statute, nor in any other part of RSA chapter 91-A, that compels a public body to include written statements submitted by members of the public in the minutes of the meeting. Rather, what is required to be included in the meeting minutes of a public meeting is provided for in the same statute as follows:
Minutes of all such meetings, including nonpublic sessions, shall include the names of members, persons appearing before the public bodies, and a brief description of the subject matter discussed and final decisions. The names of the members who made or seconded each motion shall be recorded in the minutes.
Perhaps if the person who submitted the statement also spoke at the meeting in question, then that person’s name would be included in the minutes as someone appearing before the select board along with a summary of the statement made. However, if the select board wanted to include the submitted statement as an exhibit or appendix to those minutes, that would be at the board’s option and would not be required by the Right-to-Know Law.
Furthermore, public meeting minutes do not need to be posted to the town’s website within 72 hours of a public meeting. Instead, draft meeting minutes must be prepared and made available for public inspection within 5 business days of the public meeting. Where the Select Board has elected to post its meeting minutes on the town’s website, the board need only post its approved meeting minutes.
If this person wishes to read a statement, or letter, at a public meeting of the select board that would be a reasonable request, but the reading of the letter will not compel the select board to include the letter verbatim in the minutes of that meeting.
Finally, I would observe that it is within the authority of the select board to remove from office Zoning Board of Adjustment members after a public hearing based upon “written findings of inefficiency, neglect of duty, or malfeasance in office.” RSA 673:13. Whether the circumstance of a ZBA member making a prejudicial statement on a pending case would justify removal for malfeasance would depend on the circumstances.
It is the Carroll Selectboard’s hope that this narrative will be illuminating for those individuals navigating the town’s business whether in attending a public board meeting or reading board meeting minutes.
The Board discussed a date for the next meeting. Chairperson Marquis announced that the next Select Board meeting is going to be on Tuesday, June 6, 2023 at 5:00 p.m. in the Community Room.

At 5:57 p.m., Selectperson Mills made a motion to go into non-public session per RSA 91-A:3 II. The motion was seconded by Selectperson Greer and polled; All in Favor: Mills-AYE, Greer-AYE, Marquis-AYE.

At 8:20 p.m., Selectperson Mills made a motion to return to public session and seal the minutes. The motion was seconded by Selectperson Greer and polled; All in Favor: Mills-AYE, Greer-AYE, Marquis-AYE. The motion passed unanimously.

Selectperson Mills made a motion to adjourn the meeting. Selectperson Greer seconded. All in Favor: Mills-AYE, Greer-AYE, Marquis-AYE; and the motion passed unanimously. Chairperson Marquis declared the meeting ended at 8:21 p.m.