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Minutes of 4/16/2024
April 23rd, 2024
Carroll Board of Selectmen
Meeting of the Select Board
Meeting Minutes
April 16th, 2024
“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: Meg Basnar
Board Members: Bonnie Moroney, John Greer Jules Marquis
Members of the Public: Jeff Duncan, Scott Sonia, Dave Scalley, Imre Szauter, Chris & Judy Pappas, Bobbi & Vern Amirault, Michael Gooden, Bill & Rena Vecchio, Doug Chapman
Pledge of Allegiance
Signing of bills and manifests completed prior to this meeting.
Selectman Greer made a motion to approve the minutes of April 2nd, 2024. Selectman Marquis seconded, all in favor, none opposed. Motion to approve the minutes of 4/2/2024 passed.
The Select Board was presented with an Oath of Office for Moderator Benjamin Jellison. Selectperson Moroney motioned to approve and sign. Selectman Marquis seconded, all in favor, none opposed. Motion to approve and sign Oath of Office for Benjamin Jellison as Moderator passed.
The Select Board was presented with a Supplementary Water Warrant for 378 Route 3 South. Selectman Greer made a motion to approve and sign. Selectman Marquis seconded, all in favor, none opposed. Motion to approve and sign Supplementary Water Warrant for 378 Route 3 South passed.
The Select Board was presented with a Property Tax Abatement for Connoly. Selectman Greer made a motion to approve and sign. Selectman Marquis seconded, all in favor, none opposed. Motion to approve and sign Property Tax Abatement for Connoly passed.
The Select Board was presented with an Intent to Excavate for Pike Industries for three lots. Selectman Greer made a motion to approve and sign. Selectman Marquis seconded, all in favor, none opposed. Motion to approve and sign Intent to Excavate for three lots owned by Pike Industries passed. M. Basnar informed that there will likely be an additional intent to excavate at the next Select Board meeting as Pike usually submits 4 each year.
Selectman Greer and Imre Szauter informed on the Eversource Energy Efficiency Incentive Offer signed by Selectman Greer prior to this meeting related to warrant article #11 regarding LED streetlights. They informed that this would be part of the Town’s rebate through Eversource and would total $12,500.00. This contract has been sent to Eversource prior to this Select Board meeting. Selectman Greer also inquired about the status of the first payment to Affinity LED. M. Basnar informed that the Town is currently in the process of making out the payments for all the warrant articles voted on and assigning budget lines for each article. Once this process is finished the payment to Affinity LED for the first half of the streetlight project warrant article can be made. Anticipated completion for this is the end of next week.
FOLLOW UP:
Private Roads:
Selectman Greer began discussing private roads and addressed Chief Duncan’s question from a previous meeting regarding the enforcement of resident maintenance of private roads. Selectman Greer suggested that the Town follow one of the recommendations from the Town attorney and write residents a letter informing them that the Town will have difficulty providing or be unable to provide emergency services to residents living on private roads which have not been maintained. Selectman Greer informed that the Town does not wish to designate private roads as emergency lanes which would be maintained by the Town. Chief Duncan expressed caution regarding the wording of the letter and recommended seeking advice from legal in crafting this letter. Selectperson Moroney asked Chief Duncan how the Town is addressing issues with people building in places that may make it difficult for emergency services to get to due to the pitch of the driveway. Chief Duncan informed that he is writing on the certificates of occupancy in the area next to his signature that there is no guaranty that emergency services will get to them in an expedient manner. Chief Duncan stated he hopes these certificates of occupancy are being attached to the property deed and available in CAMA for residents and potential buyers to be aware that a particular property may be inaccessible to emergency services. Dave Scalley informed that in order for a certificate of occupancy to be attached to a property deed it would have to be recorded at the Town and this is not something that is current practice. Selectman Greer informed that now that there is a new Land Use Secretary maintaining and updating records on GIS/CAMA is something that she can work on.
Selectman Greer brought up a previous meeting and the approval from the Water Commission for Echo Lake Phase 2 to hook up to domestic use of Town water pending completion of recommendations and approval from Chief Duncan. Selectman Greer praised Chief Duncan for his excellent suggestions and made sure to thank him specifically for his input regarding fire pond for this development. Selectman Greer informed that Chief Duncan suggested that “we go a step further trying to ensure that the pond and hydrants are maintained in good working order since the condition of the fire pond was a primary factor in allowing domestic water to the location.” Selectman Greer informed that there is a Planning Board meeting on the 17th and discussed bringing this up at that meeting if Cathy Conway is in attendance.
Rena Vecchio asked for clarity regarding the issue of private roads and the Town’s decision following the last Select Board meeting. Selectman Greer informed that the Town sought opinions from New Hampshire Municipal Association (NHMA) as well as the Town’s attorneys regarding the Town’s zoning ordinances for this and stated there are only a couple of things the Town can do and the regulations the Town has currently are unenforceable. He informed that the Town has been advised of their options, one of which includes designating private roads as emergency lanes which would allow the Town to expend public funds to maintain the road to a satisfactory level. Rena Vecchio voiced her concern regarding the Town maintaining private roads through this means and cautioned the Selectmen on expending public funds for this purpose due to the likelihood of residents on private roads no longer working to maintain them for emergency vehicles since the Town will designate them emergency lanes.
Dave Scalley discussed options going forward regarding certificates of occupancy and requiring residents on a private road to form a home owner’s association, but again returned to how the Town would enforce this.
Selectperson Moroney informed that there are other areas in Town that have gone through this previously, citing Old Town Road and Blueberry Hill. Dave Scalley stated the last thing the Town should do is spend taxpayer’s money maintaining private roads. Selectperson Moroney also discussed the possibility of asking homeowners to sign a release due to their private roads not being maintained. Chief Duncan cautioned the Selectmen on this and recommended legal craft the language, and also asked the Select Board what they would use as leverage to maintain compliance.
Selectman Greer discussed writing a letter to residents on private roads who have not maintained their road a letter informing them of the difficulty of getting emergency services to their location. Selectman Greer discussed making a motion to have legal write a letter to residents on unmaintained private roads regarding this matter, warning them that emergency services may have difficulty getting to them in case of emergency. Dave Scalley informed Selectman Greer that should the board approve him to contact legal he should just call the Town attorney and inform him of what the Select Board would like the letter to say rather than going back and forth in emails.
Building Permits:
Selectperson Moroney informed on the work being done regarding the warrant article to remove the building permits for home improvements that would not change the footprint of the structure. She informed that this requirement cannot just be removed and must be addressed a certain way. She stated she has looked into what surrounding Towns like Bethlehem, Lincoln, Whitefield & Lancaster have done. Selectperson Moroney recommended that the first part of the permit be changed to say “renovations under $3,000 of repairs or improvements to an existing structure with no change to the footprint, water, sewer, fixtures, no new bedrooms, or heat surfaces”. She informed Fire Chief Duncan recommended adding “any alterations involving a change in style, size or location of a primary or secondary means of egress shall require a building permit and inspection. The addition of or conversion to any habitable space, living area, or bedroom shall require a building permit and inspection.” She suggested adding these to the first part of the building permit requirements. Selectman Marquis stated that this is not what the residents voted for. Selectperson Moroney informed that part of the problem is that what was voted on and approved by the voters is illegal and voiced her concern for legal issues related to the total removal of building permits. Fire Chief Duncan informed that the Town cannot go less restrictive than the state regarding building requirements and reminded the Select Board of the state RSA requiring inspections from the Building Inspector and the Fire Chief because the Town of Carroll previously voted to adopt the state building codes, where other Towns have not voted to adopt the state building codes so they have different restrictions. Building Inspector Scalley provided the example of Jefferson, Whitefield and Littleton have not adopted the 2018 or 2015 IBC code. Scalley informed that removing the $75 fee for building permits, which currently covers the cost of the property assessors making adjustments, would result in tax dollars from all residents paying for the cost of assessors, versus that cost coming from the fees related to building permits.
Selectperson Greer highlighted his view that the issue is related to resident’s desire for privacy and the ability to make minor changes and home improvements without submitting a building permit. Chief Duncan and Selectperson Moroney reminded him that with the changes recommended at this meeting residents would be able to complete renovations to their property without having to deal with a building permit. Selectperson Moroney informed that other Towns are starting to issue building permits for higher cost renovations or improvements to allow for minor improvements not needing permits. It is her feeling that the $3,000 amount for renovations would cover most repairs and would make most residents happy. Selectman Marquis informed that when he spoke to legal he was informed that there was no problem with the legality of the warrant article removing the requirement for building permits. Building Inspector Scalley also informed that the Town had voted to adopt not only the state IBC code but the New Hampshire Energy Code as well which regulates the insulation in the home. He voiced his concern regarding the total removal of building inspections resulting in a “buyer beware” environment for prospective homeowners in Town.
Selectman Marquis again stated that the desire of residents when voting on this warrant article is to be able to work on their homes without having to pay for building permits and ask permission. He also stated it is the homeowner’s responsibility to make sure they are following the codes. The Fire Chief and the Building Inspector stated that the IBC code, as well as the state fire code, requires a permit. An additional issue could also be related to short term rentals, homeowners are allowed to do their own renovations, but as soon as that residence is rented out it becomes a business.
Rena Vecchio asked when speaking with legal if this was done via phone or through text, and stated that she would feel more comfortable if the communications were clearly defined so both the question asked and the answer provided would be easily understood without misinterpretation. Selectman Marquis discussed a prior communication with legal where the Town attorney cited attorney client privilege. The Select Board was reminded that they can decide to make communications with legal available to residents following a Select Board vote on that specific communication.
Chief Duncan also discussed a letter from the Town’s previous attorney informing that number 9 and possibly 8 in the sub-division application are not enforceable. Chief Duncan informed that our building requirements must go through a clearing house of the state and he is unsure if these changes have been reviewed by the state. Duncan informed that warrant article # 2 would not meet the requirements of the Fire Marshall since it is less restrictive than state regulations. Duncan and Scalley informed that the building codes can be strengthened but can not be less than the state’s regulations.
Selectman Marquis recommended contacting the Town’s legal counsel to get clarification on the legality of this warrant article. Chief Duncan informed that removing building permits will not eliminate inspections, it will just eliminate the Town’s portion of the inspections, the state will still control all the inspections and residents will still operate under the same codes the Town is currently inspecting under. Rena Vecchio again requested communication with legal on this matter be in emails, to allow for transparency.
Boulder Motor Court:
Selectman Greer brought all in attendance up to speed on information from last meeting regarding BMC. He referenced a letter he sent to Mr. Phillips regarding recommendations from Northpoint dated March, 26th 2024. Doug Chapman answered Selectman Greer’s questions about the current state of the water and how this issue is being addressed currently. Selectman Greer listed his suggestions from the March 26 letter which included:
1. There was significant blockage to the drainage pipe from the catch basin as well as the pipe going across Route 302. All this debris would need to be cleaned out and kept clean over time.
2. The catch basin would need to be cleaned out of all sediment.
3. There were no notes on the plan regarding erosion and sediment control Best Management Practices (BMP) Please add BMP to the plans.
Chapman informed that they did not have this in their building plans.
4. There needs to be a infiltration basin installed prior to the Town catch basin to eliminate most of the flow into the catch basin.
Chapman informed that they are working to put a catch basin in and dry well to try to catch as much water as possible prior to entering the Town’s catch basin. Selectman Greer asked Scott Sonia for his input and he informed the Town’s public works department would not be responsible for maintaining the culvert and cleaning. Sonia voiced his concern regarding BMC pumping water into the culvert continuously. Chapman informed the owner is willing to take conditions regarding this, such as maintain the catch basin. Selectman Greer felt this was fair. Selectperson Moroney inquired what the effect of a normal winter which includes substantial snow, would have regarding the location, and being plowed in. Chapman informed everything is currently in the ground and this would not be an issue. Greer stated he would like the ability to reverse this decision should it be determined that this is not good for the Town, and asked that the Town reserve the right to stop the flow of water, as mentioned in condition 6. Sonia clarified stating that Chapman would like to put a dry well in then pipe it into the Town’s catch basin which goes underneath the road then under 302.
5. Once the Town is satisfied the water flow has been reduced significantly, the hook up to the Town catch basin can occur.
6. The Town reserves the right to stop the flow into the catch basin if there are any issues the Select Board feel are problematic. We require a way to stop the flow without digging up the connections if the need to shut off the flow arises.
7. The Town would need a note stating the Town of Carroll is not responsible for the proposed catch basin modification and Boulder Motor View would assume all liability for any issues that occurred either at the catch basin or on the other side of the road where the effluent is deposited.
The final decision required the BMC to keep the area, catch basin and culvert clean of debris, clean out the catch basin, install a dry well, and understand that if this creates problems the Town reserves the right to shut it off, and indemnify the Town from responsibility.
Selectman Marquis made a motion to allow BMC to hook up to the catch basin so long as the conditions discussed are written up and attached to the deed. Selectman Greer seconded, all in favor none opposed. The conditions will be written up and sent to the property owner for him to sign, returned to the Town with the owner’s signature and sent to be recorded with the registry of deeds.
Fieldstone Lane:
Selectperson Moroney informed on her progress with Fieldstone lane. Moroney states she has secured a driveway permit with the state and will be meeting with Scott Sonia and making plans to move forward.
OTHER:
Memorial Day Weekend Fishing Derby:
Vern Amirault came before the Select Board to seek permission to hold the Kid’s Fishing Derby Saturday, May 25th, 2024 from 7:30 a.m. to 10 a.m. In 2023 the Board approved $347.50 for the Town’s share of the fish purchase. Amirault informed that there has been an increase in cost this year, due to the size of the fish and the cost of delivery, bringing the Town’s share cost to $462.50. The amount budgeted for this event in 2024 is $500. Amirault stated they would take care of registration and advertising. Amirault is requesting use of the Town pond on Saturday May 25th, 2024, and the expenditure of $462.50 for the Town’s cost of the fish & delivery.
Selectman Greer made a motion to approve the expense of $462.50 for the Town’s share of the cost of the fish & delivery as well as the use of the Town pond for the Memorial Day Kid’s Fishing Derby. Selectperson Moroney seconded this motion, all in favor none opposed. Motion to expend $462.50 for the Fishing Derby as well as approval of the use of the Town pond for this purpose passed. Amirault provided insurance information for Trout Unlimited to the Selectman’s Admin.
Historical Society Open House:
Bobbi Amirault, on behalf of the Historical Society, requested use of the Town Hall for an Open House on Memorial weekend. Amirault informed the Historical Society would come in before the Memorial Day parade and stay until after the parade. Selectman Greer made a motion to approve the use of the Town Hall for the Historical Society on Memorial Day weekend prior to the Memorial Day parade and until the parade is finished. Selectperson Moroney seconded this motion. Amirault also requested use of the gazebo on July 6th to have a fundraiser yard sale to help support the Historical Society. Selectman Greer made a motion to allow the Historical Society use of the gazebo on July 6th, 2024. Selectperson Moroney seconded this motion. All in favor, none opposed. Motion to allow the Historical Society to use the Town Hall during the Memorial Day parade and to allow the Historical Society use of the gazebo on July 6th, 2024 passed.
Bill Vecchio spoke to the Select Board as Secretary of the Historical Society. Vecchio informed the Historical Society has obtained an Employer Identification Number as well as non-profit status for the Historical Society. Vecchio provided a copy of the non-profit status to the Selectman’s Assistant.
The Select Board recognized Scott Sonia who discussed the 2 water breaks last week which were both on Route 3 North. Sonia took a moment to express his thanks to Andrew Shaheen and Jay Sawyer as well as Danny & Butch Garneau, and Tom from Elevated Excavation for their assistance. Selectman Greer also thanked Sonia for all his hard work. Sonia also thanked the residence for their patience as he and his crew worked to repair the breaks.
Selectman Greer brought up a motion regarding the flag pole and stand voted on at the last meeting. Selectman Greer made a motion to rescind the motion previously made to buy a flag pole and stand for the Historical Society. Selectperson Moroney seconded this motion. All in favor, none opposed. Motion to rescind the motion to purchase flagpole passed.
Selectman Greer discussed the checks to the WMRHS and the increased cost. He explained that the school expenditures have gone “through the roof” and wanted to state that during the meeting. Dave Scalley spoke about buying down the budget and not leaving so much in the reserves. He stated he did not do a good job explaining what he was trying to express, however he informed that he was attempting to explain this to the Selectmen when discussing setting the tax rate. Selectman Greer informed the tax rate was kept in line with the rate set last year. Scalley recommended the Selectmen buy down the tax rate when setting the next tax rate. Selectman Greer informed that the rate was brought down some when setting the last tax rate.
Selectperson Moroney informed on her attendance to the meetings related to this at the school. She reported on how the school handles “excess” money and her efforts to try to determine how there is excess money in the school’s budget and the lack of response from the school. Moroney also informed the Deputy Treasurer has also spent time on the phone working to understand how there is excess funds in their budget at the end of the year to be put into Capital Reserve Funds previously established. Chris Pappas also informed on his previous experience with this as well. Discussion followed from several residents regarding the rate of the school bill for Twin Mountain as well as surrounding Towns
Selectperson Moroney thanked everyone, including the Fire and Police Departments, as well as Bobbi Amirault for their help during the eclipse.
Selectperson Moroney reported Scott Sonia was instructed to get prices on sand for this winter following a discussion in a previous meeting during the winter. Sonia sought quotes form Pike, where the Town has been getting sand, and Elevated Excavation who would deliver the sand right to the Town garage. Sonia presented these quotes to the Select Board, Elevated Excavation would provide screened sand, 700 units for $8400 with a delivery fee of $4500 totaling $12900. Pike’s quote was for 700 units was $6667. Moroney informed that the cost of sand from Elevated was not factored into this year’s budget so the Town will continue to obtain their sand from Pike at the lower rate.
Moroney informed she is also working on the Memorial Day parade and BBQ. She stated she has reached out to people to get this event going.
Dave Scalley informed all in attendance that there is a Verizon antenna going up on the cell tower already in place on the flats.
At 6:32 p.m. Selectman Greer made a motion to go into non-public for legal. Selectman Marquis seconded the motion. All in favor, none opposed. Motion to go into non-public for legal passed. The next meeting of the Select Board will be held on Tuesday April 30th, 2024 at 5 p.m.
At 7:04 p.m. Selectman Greer made a motion to return to public session and seal the minutes. The motion was seconded Selectman Marquis. Motion to return to public session and seal non-public minutes passed unanimously.
The Select Board was presented with an agreement for purchasing sand from Pike Industries. Selectperson Moroney made a motion to approve and sign, Selectman Greer seconded, all in favor, none opposed. Motion to approve and sign the agreement with Pike Industries for purchase of sand passed.
Selectperson Moroney made a motion to adjourn the meeting at 7:07 p.m. Selectman Greer seconded this motion, all in favor, none opposed. Motion to adjourn passed, meeting adjourned at 7:07 p.m.