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Minutes of Town Board Meetings

Minutes of 6/5/2017

June 8th, 2017

Carroll Board of Selectmen
Meeting Minutes
June 5, 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 7 p.m. by Chairman Mycko

Pledge of Allegiance

Members of the public present: Evan Karpf, Pete Kudla, Debbie Szauter, Imre Szauter, Scott Sonia, Chris Pappas, Judy Pappas, Robert King

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

Selectman Scalley made a Motion to: Accept and approve the minutes of 5/22/2017 as written. Selectman Bussiere seconded and the Motion passed unanimously.

The Secretary explained the Omni Mount Washington Resort requested an expansion of their liquor license to the outdoor lawn area at the Bretton Woods Ski Area Lodge, as they have done for several years in the past. When asked, Pete Kudla, Food & Beverage Manager at the Resort, who was in attendance said this is the same location which they always use. Selectman Bussiere made a Motion to: Approve and sign the letter prepared by the Secretary. Selectman Scalley seconded and it passed unanimously.

In light of an ongoing challenge with our land use boards and impending continued litigation, covering unexpected legal costs had come up at a previous meeting and the Secretary spoke with the Town’s representative at the Department of Revenue Administration (DRA). We were advised to keep a close watch on the budget, as it is the total budget bottom line which we cannot exceed. If it becomes necessary, we may use money from our Unassigned Fund Balance to cover the amount. We will be required to write a letter of request to the DRA and to hold a public hearing. Ms. Dow recommended that we make every effort to do so prior to setting the tax rate as this will affect the amount of money which we will have available to offset the rate. However, she assured us that if it is not apparent until later in the year that we will definitely over-expend; we will still be able to use the UFB. She also said the Select Board has the authority to urge the department heads to be very frugal with their spending as the Board also has the authority to move money from one department to another within the total budget.

With regard to the same challenge and litigation with our land use boards, there has been a “preservation of data” demand issued. As this demand also includes all electronic devices by which any information has been transferred, stored, etc., this includes but is not limited to cell phones, computers and laptops, tablets, etc. As a result of this the majority of the members of the Planning Board and the Zoning Board of Adjustment, including the Secretary to both Boards, have notified the Boards and the Town that they will no longer use their personal devices for the convenience of these Boards. A brief discussion took place about possible solutions such as purchasing cell phones for all or for just the Secretary. Given the discussion just prior to this, and the fact that the Secretary does have a town-issued laptop, the Select Board agreed there is no money to do anything at this time. Therefore, they are forced to go back to the “paper and pencil” days and the recommendation to the Chairperson of each Board will be to make sure each Board member picks up his or her packet at least seven days prior to the meeting.

Jeremy Oleson, Fire Chief, was unable to attend the meeting, but he had informed the Selectmen that the engine in the 2012 Fire Department pick-up truck had blown the previous week. It appears the oil filter had rotted and split causing the oil to leak out rapidly. Early estimates are in the vicinity of $8,000. Chief Oleson advised the garage owner is aware and will be meeting with the representative from NAPA. In the meantime, the Secretary will speak with our insurance company to inquire about coverage and perhaps filing a claim.

Evan Karpf had requested to be on the agenda about the Certificate of Occupancy for a suite in his Birchwood Commons building, but as the inspections had been made that day, and after very brief discussion, Selectman Bussiere made a Motion to: Sign the CO. Chairman Mycko seconded and it passed, 2 to 0. Selectman Scalley recused himself.

As at the prior meeting, the Board was still looking for a volunteer to act as Town Representative on the Profile Region Cable TV Consortium, particularly as all the towns involved are in the process of renewing the cable franchise. Negotiations are going to begin soon and the legal firm who expects to be representing want to guarantee that ALL towns are represented when they speak with the group at the June meeting. While there had not been any volunteer from the attendees of the meeting, several names were mentioned as possibilities but then it was noted the TV meetings are the second Thursday of the month, and several of the possibilities are on our Zoning Board which meets the same night. Eventually, Evan Karpf said even though he wasn’t sure why he was doing it, he would volunteer. The Board thanked him very much.

Imre Szauter, Chair of the Building Committee, came to update the Board on the work they’ve done. He said Chief Trammell suggested this be done to keep the Select Board and the public informed and the Committee agreed it was a good idea. Mr. Szauter said they hired Allan Clark as Project Manager, as approved by the Select Board, and he has been working to assist their plans in moving forward.

Among ideas and notes from May meetings and other activities:

• Investigating due to the variety of uses is “campus-style” versus a single building as it may provide more flexibility to house public safety, administrative and community functions
• Design-Build, to provide more flexibility and greater control with possibly lower Phase Two costs
• Inclusion of multi-function community room with 150 person capacity
• Created lists of various service forms: civil engineering, architectural and design-build for consideration by the Committee
• Focus efforts on expanding Committee to include more residents and businesses, especially from Bretton Woods
• Starting discussions on fate of Town Hall and Fire Department structures
• Started exploring grants and rebates
• Discussions held with Chiefs Oleson and Trammell regarding department needs, function and adjacency
• Created RFPs for Architectural, Civil Engineering and Surveyor Services

Mr. Szauter said the Committee had also scheduled a Second Informational Session for Thursday, June 22, 2017, at 7 p.m. in the Town Hall. The Committee’s next meeting is Thursday, June 8, at 9 a.m. and possibly the morning of June 22.

Mr. Szauter said Mr. Clark had released a document on space and cost estimates based on information he and the Committee had garnered. He said this will accompany the RFPs for architectural services and will serve as a starting point. Selectman Bussiere said he was wondering about pricing, i.e. the amount the town can afford and what we can get for that rather than going to an elaborate, out-of-reach proposal. Mr. Szauter said he believes they are looking at needs versus wants while remaining cognizant of costs. He further stated it is a design process and they are trying to be realistic as well as trying to present reasonable options. Chairman Mycko said he was wondering about sharing systems such as heating, phones, etc. and was concerned about the multiple building concept. Mr. Szauter said there have been no decisions made regarding this, as these are all still merely options for consideration. The Board thanked Mr. Szauter for his report.

The following items were approved and signed:

Intent to Cut – Seymourian
Water Abatement – Munroe
Water Warrant – Gilman, Strickland
Oaths of Office – Allesandro Foti, PLBD Alternate; Aaron Seaman, ZBA Alternate

Follow-Up Items:

Bldg Permit Application and Process including Fees -- It was ascertained that the new
Application had been changed to add the statement regarding fines. Evan Karpf asked
how the Board is addressing fines regarding 703.2 in the Town Ordinance, which says
there must be a seven day notice of a violation before any action may be taken. Selectman
Scalley said we follow the IBC and he will look into it and let him know. Mr. Karpf
said the Legislative body needs to approve enforcement. Selectman Scalley asked him
if he felt everything that was done in the last eight or more years was wrong—through
most of those years he was the Chairman of the Planning Board. He responded that he
didn’t think so. He went on to opine that it would take a two thirds majority to pass
the vote for the town to adopt the IBC. Selectman Bussiere said he disagreed, it’s
generally two thirds to repeal a vote. More discussion about adopting the IBC followed and
Evan Karpf said the town must have substantial building codes in place and told the Board
there is a difference between a permit in construction and enforcement. He also said there
should be a document handed to the individual about what is expected to be inspected.
There followed more discussion about his dispute over a building permit that expired when
the inspections were made for the CO (which was subsequently issued) but during which
time it was discovered work going on elsewhere that did not have a permit. Evan Karpf
also said that his work was to have been inspected in 24 hours for the CO and it was more
like 18 days. When asked who said it would be 24 hours, he said at the May 1, meeting he
was told to give 24 hours’ notice when it was ready. Selectman Scalley said that did not
necessarily mean it would be done in 24 hours. It was stated more research will be done
regarding all of these questions.
Town Credit Cards – Selectman Scalley spoke with Nora Clark at Woodsville Guaranty Bank
and they will do credit cards without Social Security numbers for every department if we
wish. She did say they will need an active bank account, but there was no minimum
amount noted. We will speak with the Treasurer, Annette Marquis.
Backhoe-Loader Bids – The Board tabled this item as Greg Hogan was unable to attend. It was
noted that CAT had dropped their price by $3,000. Also noted that Greg had talked with
vendors about warranties and did not recommend due to costs, etc.

Other:

The Secretary had the Property Tax Warrant for the first issue of tax bills, which the Tax Collector thought had come to the Board earlier, but discovered it on her desk. Selectman Bussiere made a Motion to: Approve and sign and Selectman Scalley seconded. It passed unanimously.

Selectman Bussiere read a letter from John and Anita Greer which they requested be read at the meeting. “Dear Selectmen of the Town of Carroll: We want4ed to acknowledge the fast turnaround of one day for a recent building permit we applied for regarding a deck project we are working on. Not only was the project approved with remarkable speed, but also Dave Scalley was extremely helpful with design, safety and general code recommendations. Because of Dave’s input, the project will no doubt be much better than otherwise would have been the case.
Thank you for creating such a functional and well-oiled permitting process. All the best and kind regards, John & Anita Greer” (signed) John Greer Anita Greer

Chairman Mycko thanked all who helped and/or participated in the Fishing Derby, the Parade and the Barbecue on Memorial Day, Monday, May 29. He said it was all a great success and all had a good time. He said they appreciated everyone who came out.

Evan Karpf asked how Section 401 of the Zoning Ordinance is interpreted. He said he has a four-acre lot and asked if he can put up another building on that lot. Selectman Bussiere asked if the principal building is the main one, all others are considered accessory and cannot be lived in or cannot be a permanent residence. It was noted he most likely can do as long as he goes through the Planning Board process i.e. Site Plan Review and whatever requirements exist.

The next meeting is Monday, June 19, 2017.

There being no further discussion, Selectman Scalley made a Motion to adjourn the meeting. Selectman Bussiere seconded and the Motion passed unanimously. Chairman Mycko declared the meeting ended at 8:15 p.m.