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Minutes of 3/14/2016

March 20th, 2016

Carroll Board of Selectmen
Meeting Minutes
March 14, 2016


“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 Maryclare H. Quigley, Secretary

Board members present: David Scalley, Paul Bussiere, Brian Mycko

The meeting was called to order at 7:00 p.m.by Chairman Scalley.

Pledge of Allegiance

The Board announced the approval of bills and signing of manifests.

Members of the public present: Donna Foster, Michael Hogan, Dianne Hogan, Bonnie J. Moroney, Imre Szauter, Chris Pappas, Greg Hogan, Jeremy Oleson, John Trammell, Evan Karpf

Selectman Bussiere made a Motion to approve the minutes of 2/29/2016 as written and Chairman Scalley seconded. The Motion passed. Selectman Mycko abstained as he was not at the meeting.

Selectman Bussiere made a Motion to approve the minutes of 3/3/2016 as written. Chairman Scalley seconded and the Motion passed. Selectman Mycko abstained as he was not in attendance.

Chairman Scalley made a Motion to approve the minutes of 3/7/2016. Selectman Bussiere and Selectman Mycko abstained as they were not in attendance at the meeting. The minutes were declared approved by Chairman Scalley.

Next item was to elect a Chairman and Selectman Scalley nominated Selectman Bussiere. Selectman Mycko seconded and it was unanimous. The new Chairman took over running the meeting.

Selectman Scalley made a Motion to: Approve and sign all Oaths of Office. Selectman Mycko
seconded and the Motion passed unanimously. Kenneth Mills, PL Board; Brian Mycko, Selectman; Roberta McGee, Cemetery Trustee; Ann Fabrizio, Trustee of the Trust Funds; Susan K. Kraabel, Treasurer; David Scalley, ZBA; Dianne Hogan, Supervisor of the Checklist.

The Board chose Committee Assignments as follows:

Budget Committee – Warrant Article rescinding passed (thus no longer a budget committee)
Planning Board – Brian Mycko
Conservation Commission, Brian Mycko
Parks and Recreation Commission – David Scalley
Safety Committee -- Paul Bussiere

It was noted the Conservation Commission currently meets in the afternoon and the Secretary was asked to request that they meet in the evening in the future to allow for Selectman Mycko’s employment schedule.

A review of the warrant articles followed and Chairman Bussiere read the names of the newly elected Officers and their terms: Selectman, Brian Mycko, 3 years; Treasurer, Susan K. Kraabel, 1 year; Moderator, Benjamin Jellison, 2 years; Trustee of Trust Funds, Ann Fabrizio, 3 years; Library Trustee, Maureen Philbin, 3 years; Cemetery Trustee, Roberta McGee, 3 years; Planning Board, 3 years each, Kenneth Mills and Karen Saffian; Supervisor of the Checklist, 6 years, Dianne A. Hogan; Zoning Board of Adjustment, 3 years, David Scalley. Budget Committee, 3 years each were Michael Hogan and Christopher Pappas, but these are null and void as there is no longer a budget committee.

Chairman Bussiere continued reading the results of the Warrant Articles: 2 through 20 passed, 21 failed, 22 through 34 passed.

Evan Karpf then spoke about his building permit. He obtained one in August, 2015, which he asked to expand and then got a cease and desist to do any more work. He said his intention is to bring business into town, and he has already brought in four, so this would have been a fifth. He said he has a deadline of March 15, with a signed contract for a new business. He wants the 2015 building permit expanded. Discussion arose that he has received a Certificate of Occupancy, thus closing the permit in question. He said the C.O. is not for the Gun Shop in particular but for the building. Dr. Karpf went on to say that he met with Stan Borkowski, and he has a witness, on February 2, and that Stan said he could (expand the permit).

Chairman Bussiere referred to the Certificate of Occupancy on which he had written several other uses and was asked to cross them all off and initial, which he did, thus leaving one area of the building for the C.O. It was noted there is a requirement for Site Plan Review and that has to happen. Dr. Karpf said he was asked by Stan if he needed one and he said he didn’t and also that Mr. Bussiere said he didn’t need one. Chairman Bussiere said he was called from ATF and asked if there was anything needed from ZBA, to which he answered that all was satisfactory that way. He was not answering for any other boards. It was stated it “slipped through the cracks” but that it does NOT mean it does not have to happen, as it does because it was empty for over a year. Selectman Scalley asked Dr. Karpf if anyone had told him he needs a Site Plan Review. After further discussion, it was ascertained that he was looking for the Select Board to have Stan sign a building permit so he can continue working on the space for his new tenant. Chairman Bussiere said the old building permit from August, 2015, is completed, signed off, and has the C.O., so it is done—closed out. He said he recommends he go through the process of getting a new building permit. Selectman Mycko said it was discussed at Planning Board that perhaps a building permit could be broken into phases. Dr. Karpf said he had attended every Planning Board meeting since fall and not once did he get told he needed Site Plan Review if he got another tenant.

Chairman Bussiere said he sees no reason not to get a building permit as long as he makes it perfectly clear that each new business cannot open without Site Plan Review. The Chairman noted that Donna Foster, Chair of the Planning Board is in attendance, and Mrs. Foster said she believes the Site Plan Review should not hold up a building permit. Mrs. Foster went on to say that he should have had a SPR for the gun shop but there was confusion, however this is now expansion and he needs it. When asked what else would be going in, Dr. Karpf could not answer and he was asked how he could site plan review without knowing what business is coming in. Discussion went on about working on the building without knowing what business or businesses may be coming in and therefore, not really knowing what should be done or to which actual location in the building. It went on to discussing flow, lighting, hours, and neighbors having to be considered among other things. Dr. Karpf said he is going for Site Plan Review and that he is trying to be cooperative. He said he is asking for the Town to be cooperative and ask Stan to approve a building permit. Chairman Bussiere said it must be crystal clear that any business he puts in is a change of use and needs to go for Site Plan Review. Dr. Karpf said the business coming in is not a substantial change, but he is coming for one. Dr. Karpf was also told that it is not the responsibility of any board to notify anyone of things they need to get or go for. Chairman Bussiere said he is comfortable asking Stan to issue a Building Permit to do whatever he wants. He should pull a permit for the whole building however if he’s putting in a business, the Board cannot sign a Certificate of Occupancy based on this – he would have to pull another permit. It was reiterated that he understands the C.O. means that the requirements are met. He would need a Permit for each individual space and must have Site Plan Review. Dr. Karpf had spoken of Stan’s denial of his building permit and it was stated Stan had given three requirements to receive approval. Michael Hogan referred to this and asked what the requirements were. He was told they referenced continuation of work on the building, that he needs supporting detail and that he cannot accept a Permit notated “submitted under protest.”
The Chairman said he feels that Stan may have understood that it was for the space for the new business which would need Site Plan Review.

Chairman Bussiere said there would be discussion among the Board about a Building Permit to work on the building. Selectman Scalley said he feels it depends on what it is for or what he would be doing. He also said he feels and made a Motion that: they should send to legal and talk with Stan to be sure they are doing right for the Town and the applicant. Selectman Mycko seconded and the vote was 2 yes to 2 no.

The following items were approved and signed:

Water Warrant – MMJ Real Estate Group, LLC
“Wall License” – Guns of Patriots Tactical Arms, LLC (Changed from “Twin Mountain” to
“Town of Carroll” for address) -- discussed number and agreed on “2016-001”

Follow-Up Items:

Employee Manual -- Selectman Scalley made a Motion to: Table and take care of addendum
with legal. There was no second. Chairman Bussiere said he hoped they would get a
start on the review, but it is quite long and getting late. Bonnie Moroney suggested
perhaps they could ten pages or so at a time. The Board agreed with this and reviewed
the first ten pages – there were a few typographical errors and in several places the
context referred to other places in the Manual, so the actual referred-to Section was
added. Under Article I.8, the third line of the paragraph “ …. in a public meeting” to
which was added “though no public input is required.” The review stopped at page 10.

Town Hall Use Permit Application -- Continue
Building Permit Procedure -- Continue
Town Prosecutor Contract – Continue
The Secretary will email Town Counsel to check on the Town Prosecutor item.

Other:

The Secretary asked what the Board would like to do about the GIS project inasmuch as the budget had passed,. Because they want to go ahead, Selectman Scalley made a Motion to: Approve the GIS contract and move forward. Selectman Mycko seconded and it passed unanimously.

The Secretary then made reference to the budget and employee raises. She advised it is customary that they become effective April 1, and was advised to implement these as of that date.

Chairman Bussiere welcomed Brian to the Board and thanked Bonnie Moroney for her many years of service.

Michael Hogan spoke of the warrant article that passed for the design and engineering plan for the Fire Department and asked about perhaps including other buildings. Mr. Hogan was told we cannot do that as we are restricted by the wording in the article.

Jeremy Oleson said it sounds to him as those most issues are with the Code Enforcement Officer and that it is not a service to the Town. He reiterated his belief that is where the Town needs to start addressing things.

Jeremy spoke then as Fire Chief, and said people with new projects and renovations often ask for guidance from him and he was asking the Board how they want him to handle these, whether verbal or written, for future protection of the Town. Selectman Scalley asked if he could come up with a form and Chairman Bussiere said he would like to research this a bit and see what may already exist that would be available to us.

Michael Hogan referenced Building Permits and asked if all construction projects should go through the Planning Board for review. General consensus opposed this due to time constraints and expertise among other things.

Mr. Hogan then asked what we had to do as a town to get a new town hall. He was told to start, we’d have to have a special town meeting and these are generally only granted in an emergency situation.

Donna Foster referred to Jeremy’s question and suggested that anything to do with life safety should go to him and if other issues, the person should be directed to someone else.

Chairman Bussiere said the Building Committee was left off the Committee assignments. Selectman Scalley said he would like to nominate himself. Chairman Bussiere asked for other volunteers and those who offered as well as Selectmen Scalley are: Bonnie Moroney, Michael Hogan, Imre Szauter and Jeremy Oleson.

Chairman Bussiere announced the next meeting will be March 28, 2016 at 7 p.m.

As there was no further business, the Board was polled to go into non-public session, per RSA 91-A-3 for legal and personnel at 9:35 p.m. Chairman Bussiere, yes, Selectman Scalley, yes, Selectman Mycko, yes.

At the close of non-public session at 10:42 p.m., Selectman Scalley moved to return to public session and seal the minutes from non-public session. Selectman Mycko seconded and the Motion passed unanimously.

Following brief discussion of the Employee Manual review, Selectman Scalley made a Motion to have a workshop on March 21, for this and Chairman Bussiere seconded. The Motion passed unanimously.

Selectman Scalley made a Motion to adjourn the meeting and Selectman Mycko seconded. The Motion passed unanimously. Chairman Bussiere declared the meeting ended at 10:44 p.m.





Follow-Up Items:
Employee Manual
Town Hall Use Permit Application
Building Permit Procedure
Town Prosecutor Contract

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