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Minutes of Town Board Meetings

Minutes of 5/22/2017

June 1st, 2017

Carroll Board of Selectmen
Meeting Minutes
May 22, 2017


“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: Brian Mycko, Paul Bussiere, David Scalley

The meeting was called to order at 6:10 p.m. by Chairman Mycko

Pledge of Allegiance

At 6:15 p.m. Chairman Mycko made a Motion to: to go into Non-public Session per RSA 91-A:3 and Selectman Bussiere seconded. The Board was polled: Chairman Mycko, yes; Selectman Scalley, yes; Selectman Bussiere, yes.

At the close of non-public session at 8:43p.m., Selectman Bussiere moved to return to public session and seal the minutes from non-public session. Chairman Mycko seconded and the Motion passed.

The meeting resumed at 6:40 p.m.

Members of the public present: Michael Hogan, Dianne Hogan, Debbie Szauter, Imre Szauter, Jeremy Oleson, Scott Sonia, Tadd Bailey, Richard Krapf, Greg Hogan, Evan Karpf

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

Selectman Scalley made a Motion to: Accept and approve the minutes of 5/15/2017 as written. Selectman Bussiere seconded and the Motion passed unanimously.

The Secretary said a representative from the Haupt Tour had come by and would be sending more information. As stated previously this is an international group of bicyclists who are checking out places in the Northeast for a three to five day event in 2018. There are 400 or so people usually involved in a group like this so it is a huge undertaking and depending on their dates, there could be issues of housing, etc. The Chamber of Commerce will be brought into this discussion.

Chairman Mycko said there had been an email by someone expressing interest in the Building Inspector position by and read the scope of work sent by this person. It also included the rate of $25 per hour plus mileage at $.56 a mile. Selectman Bussiere said he feels that before they start looking at any resumes or letters, they should determine what they can pay and how many hours each week they believe would be needed. He said there are not many people in town making that now and that we had been paying $17.50 an hour plus mileage. He said they had already had an offer of $25 per hour for 20 or 30 hours and felt it was high. Richard Krapf stated that we’re doing something with the fees which should help with this. Selectman Bussiere said he called other towns to find out what they do and he said they don’t even have inspectors in Littleton, Whitefield or Lincoln. Selectman Scalley said he feels the position warrants the pay and that it needs more than the 13 hours a week Stan was allowed. He said he also feels the person should be close in proximity i.e. a town or two away.

Fire Chief Oleson said he agrees with Selectman Scalley and that it is important to the town. Selectman Bussiere said he is having a hard time with this when several nearby towns do not have one. Selectman Scalley there was a warrant article that people voted on years ago to have a Building Inspector and we have to have one at least until that is changed. Chief Oleson said it is better to have some control especially when looking at some places such as Lincoln. He said from a fire standpoint there are things that never should have happened; i.e., locations, height, etc. And with the number of second homes that can be built here, it is very important. Scott Sonia said from Public Works’ standpoint, even waterlines would be put in the wrong places if they not watched.

Evan Karpf said there is an RSA to enact the International Building Code and gave RSA 174:51 (which was later pointed out by Chief Oleson to be incorrect) which he said each town has to adopt to enforce. Selectman Scalley said it’s already in the Zoning Ordinance. Evan Karpf said he spoke to the State and it was adopted in 2010 so the town needs to adopt it again. He went on to say the Building Permits and Zoning Officer are under the Planning Board, per the IBC, but the Code Enforcement Officer is under the IBC. There was discussion about the Building Permit being voted with authority by Select Board but Mr. Karpf said enforcement needs to be voted by the Legislative body according to the Code. When asked, he said he spoke with the Office of Safety, Susan Slath, and she told him if the legislative body didn’t vote on the IBC, the Code Enforcement Officer couldn’t enforce the code. He said he looked at all the warrant articles from 2009 to 2015 and there was no vote on the IBC during that time. He told the Board they should look at the RSA’s. Selectman Scalley said he would, and asked Evan to email him his information the next day and Evan said he would.

The Selectmen tabled the Building Inspector item.

Chairman Mycko read an email to the town regarding the gate on the Mt. Clinton Road. This is a state road, not a town road and the Chairman directed the Secretary to respond to the writer advising of the same.

The following items were approved and signed:

Property Tax Lien Abatement – Goettler
Water Warrant – Various Turn-Ons/Turn-Offs/Repairs
Water Warrant – Notices
Certificate of Occupancy – Doyle (Birchwood Commons removed as it had not yet been
inspected)
Oath of Office – J. Scalley, Recreation Com


Follow-Up Items:

Bldg Permit Application and Process including Fees -- Tabled
Town Credit Cards – Because of requirements at Bank of NH, Chairman Mycko made a
Motion that: Selectman Scalley call other local banks to explore the possibility of
obtaining a town credit card. Selectman Bussiere seconded and it passed unanimously.
Town Representative, Profile Region Cable TV Consortium, etc. – The Board announced
again that we need a volunteer to this group. Meetings are the second Thursday of the
month at 6:30 p.m. and it is very important that we have a rep at the meeting on June 8,
2017. Anyone interested should please notify the Selectmen’s Office.
Solid Waste Agreement – Selectman Scalley made a Motion To: sign the Solid Waste
Agreement and Chairman Mycko seconded. The Motion passed unanimously.
Solid Waste Trucking -- Selectman Scalley made a Motion To: sign the Solid Waste Trucking
Agreement. Chairman Mycko seconded and the Motion passed unanimously.
Backhoe-Loader Bids – Selectman Bussiere said he would like to hear recommendations from
those who will use it and he noted that he is not a fan of John Deere. Greg Hogan said he
and Scott Sonia feel the John Deere is not what they are looking for. As for the Caterpillar
and the Case, they agree either is good. Scott opined that safety comes first and while
visibility on the Caterpillar goes all the way around, visibility on the Case is very good, too.
It was stated both quotes include trade-in on our machine and warranties are comparable.
It was also noted there are differences between the two but they are only minor. Brief
discussion was held regarding warranties, service maintenance plans, pricing, etc. Greg
said he had not priced maintenance plans, but that all warranties were about the same. He
will check on plans for both the Caterpillar and Case. Jeremy Oleson mentioned about
checking the wording of the warrant article to be sure it can include the maintenance plan.
The Secretary will check on this.

Other:

Selectman Scalley asked if what Evan Karpf brought up is correct, how we’ll handle inspections. Selectman Bussiere said as with other things that have been found to be incorrect, we should go forward with the Building Inspector as we have been and when we can fix it, we will. Jeremy Oleson said he already found information that contradicts what Evan Karpf said and had texted info to Selectmen with RSA numbers as well as that he checked the date. He said the Municipal Association had gone over this in quite detail and he has sent the link as well as the correct RSA. He went on to say they said anything prior to 2002 or 2003 was valid.

Chairman Mycko issued a reminder that no resident is allowed to do anything with the water system – it is only town employees who are allowed to touch any part of it. He went on to say that doing so would most likely be considered theft of services for which people can be arrested. Michael Hogan posed the question of someone who owns property and comes for weekends only and wants to turn their water off in the house as a precaution. He was told they can do this. It is only what belongs to the town and what part of it the town is responsible for.

Greg Hogan said the Town Clean-Up day had been held the previous Saturday and thanked all who participated in it. He said Scott Sonia drove the dump truck and had nearly two loads of trash which had been picked up. He said when he set the date he did not know that he would be in a class and unable to be part of it for which he apologized. He thanked all for stepping up.

Evan Karpf asked if the Board had signed the CO for Birchwood Commons and when he was told no he said he didn’t think it had as it the suite hadn’t been inspected. He then went on to say that he had an issue which Selectman Scalley suggested he bring to the Board. He is working on his building and thought he had a permit, but it is no longer in force as it had expired. He was told he needed a new permit, which he got, but then was charged a penalty of $200 (double the fee) because he started the work before receiving his permit. He said he feels this is excessive and went on to say the new permit doesn’t state the doubling of the permit fee—only the old one did. He said he is asking the Board to refund his $200 as he didn’t realize his permit had expired and as soon as he found out he got a new permit. The permit in question was 2015-67 for when he was getting ready for the gun store and Selectman Scalley said it was done as the CO had been issued. Evan Karpf said the IBC says nothing about the CO ending the permit. He went on to say the Town Ordinance says a permit is good for one year but there is nothing about a penalty fee. Selectman Scalley said when the new permit was approved, it included carrying all the fees forward. He referred to a meeting Evan Karpf had with Stan, Kelly and himself and it was stated at that time the Building Permit was finished when the CO was done and they all agreed. Evan said this work was included in the permit for #2 and Selectman Scalley said there was no permit. After further discussion, Evan said he does not deny there was no permit, but he refutes being charged the penalty. It was reiterated that the fees in the previous permit were to be carried to the new permit. Evan reiterated that that the new one doesn’t state the penalty and fees. Selectman Bussiere read the fee schedule and stated the new permit does not state that fees will be doubled. Selectmen Bussiere and Scalley debated what was actually on the new permit and the intent when the new one was approved. Selectman Bussiere said because it wasn’t on the new permit with the fee schedule, that it feels as though we’re saying the people should have known.

Selectman Bussiere asked David Scalley if he was speaking as Selectman or Building inspector and Mr. Scalley said as the Building Inspector and that he wasn’t planning to vote. Evan Karpf stated he did not have an active permit, but he came into compliance and feels the point is to get people to come into compliance. Selectman Bussiere said he felt the permit was rushed through and they didn’t have enough time to review it and he said the same thing at the time. Evan Karpf asked if the Board had the permit to see before voting on it, and was assured they did. After further discussion, Selectman Bussiere made a Motion To: Refund the penalty of $200 to Evan Karpf. Chairman Mycko seconded and the Motion passed 2 to 0. Selectman Scalley abstained.
Chairman Mycko then made a Motion To: Amend the new building permit by adding the phrase referring to fees being doubled if work begins before the permit is received. Selectman Bussiere seconded and the Motion passed unanimously.

Selectman Scalley said the intent of the meeting on May 1, was to carry all fees over and it was a typo that left it out. A brief discussion followed with Selectman Scalley asking if everything should go to the lawyer now.
Chairman Mycko reminded everyone that the Carroll Conservation Commission was meeting on Thursday, May 25, 2017, regarding the town’s date on the Stream Crossing Project and encouraged all to attend.

Chairman Mycko also reminded all about the Memorial Day Parade and Barbecue on Monday, May 29, 2017, and to meet at the Fire Station for an 11 a.m. start.

The next meeting is Monday, June 5, 2017.

The Board was polled to go into non-public session, per RSA 91-A-3 at 8:301 p.m. Chairman Mycko, yes; Selectman Scalley, yes; Selectman Bussiere, yes.

At the close of non-public session at 9:14 p.m., Selectman Scalley moved to return to public session and seal the minutes from non-public session. Chairman Mycko seconded and the Motion passed.

There being no further discussion, Selectman Bussiere made a Motion to adjourn the meeting. Chairman Mycko seconded and the Motion passed unanimously. Chairman Mycko declared the meeting ended at 9:15 p.m.