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Minutes of 4/8/2019 Corrected

April 10th, 2019


Carroll Board of Selectmen
Meeting Minutes
April 8, 2019

Corrected

“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: Bonnie J. Moroney, David A. Scalley, Robert W. Gauthier Jr.

Members of the Public present: Kirsten Hodgdon, Mike Gooden, Imre Szauter, Michael Hogan, Dianne Hogan, Chris Pappas, Brian Mycko, Jeremy Oleson, Scott Sonia, Paul Bussiere, Carl Brooks, Lisa Miller, Greg Hogan, Allan Clark, Ron Wareing, Mike Carbonneau and guest.

The meeting was called to order at 6:59 p.m. by Chairwoman Moroney.

Pledge of Allegiance.

The Chair announced the approval and signing of the manifests.

Selectman Scalley made a Motion to approve the minutes of March 25, 2019. Selectman Gauthier seconded and the Motion passed unanimously.

Paul Bussiere spoke regarding the gravel pit on Mount Deception Road in Bretton Woods owned by Carl Brooks. He said there had been an Excavation Permit granted several years ago with an extension in 2018. The pit was subsequently shut down because the bond submitted by the previous business, AB Logging, who was working with Mr. Brooks had been pulled. Mike Carbonneau who is now running the pit said he can get a bond and wants to have it submitted, but needs information about the amount, etc. Part of the reason for pulling the permit, as told by the Town, is that the plans for the pit belonged to AB Logging. Mr. Carbonneau said the plans belong to the Town as once they are submitted and approved by the Town and they are no longer owned by AB Logging, (in this case).

Mr. Bussiere said Mr. Brooks had received a letter recently from the Code Enforcement Officer. He said he believes Mr. Brooks has thirty days to rectify the violation, but the letter did not afford him that chance. Mr. Bussiere said he feels this was shut down improperly and asks the Board to override the Cease and Desist letter, and allow Mr. Brooks to get the Bond submitted. Dave Scalley, speaking as Code Enforcement Officer, said there had been a disagreement between AB Logging and Mr. Brooks. AB Logging pulled their financial backing, permitting and the alteration of terrain. Mr. Scalley said in October he had spoken with Mr. Brooks and told him to get things in order between him and AB Logging. Discussion changed to the fact that they talked about making a pond for the campground, when it was stated that Mr. Brooks came to the Planning Board last week. Mr. Carbonneau brought the AB plan and said it does not encompass the campground anywhere. Mr. Bussiere said he was the Chair of the ZBA at the time and doesn’t recall anything about the campground—that the approval was only for the excavation. After further discussion, it was reiterated that the pond was no part of the excavation. Mr. Bussiere said the letter was about the lack of a bond only. He also stated the ZBA was the only board involved at this time. He is asking the Select Board to override the letter and have this approved based on the plans already approved by the ZBA, not the Planning Board. Mr. Scalley asked if Mr. Brooks was aware that the bond was pulled and he replied that he was told all was pulled and that was all. The comment was made that it was not in writing until recently. Mr. Bussiere said the bond is different from anything else. This is only financial assurance that the reclamation would be done. Mr. Carbonneau said they have spoken with the Hadlock Agency and are working to get this in order. He said the bond is a contract between the land owner and the town and he is pulling one for Carl Brooks.

It was reiterated that they request the Board to take back the Cease and Desist and approve the extension. Selectman Scalley will contact Legal and once he does that, he will contact Mr. Brooks. He asked that the Board give him permission to talk with Town Counsel about this. Chairwoman Moroney made a Motion to: Allow Selectman Scalley to discuss this with our Legal Counsel. Selectman Gauthier seconded and it passed unanimously. Selectman Scalley said if approved, the bond will come to the Selectmen and the project will move forward.

The Secretary told the Board that the Hearing Notice for David and Mary Morton V. Town of Carroll regarding a Tax Abatement is to certify that the Board is aware this will be heard at the Board of Tax and Land Appeals in Concord, NH, on Wednesday, June 5, 2019. This is apparently because they couldn’t settle with the town’s appraisers, Commerford Nieder Perkins.

The next item on the agenda was also to certify that the Board was aware when the final tax bill for 2018 was mailed.

The following item was approved and signed:

Driveway-E911-Mapping Permit – Garneau, D & J

Allan Clark, Project Manager for the new Building Project, asked to be on the agenda as he wanted to take the opportunity to bring the Board and the new Selectman, Rob Gauthier, up to speed on the Project. Mr. Clark told the Board we are now at a totally different phase of the project.

He worked two years with the Building Committee to get this approved. The focus for the Building Committee was to 1. Come up with a design and budget; and 2. To keep the public informed. He reiterated that it may have taken two years to do this, but they got it this year.
During this time, they did analyses of space needs; listened to space wants; developed a plan;

and hired an Architect to expand on the plan. Mr. Clark was able to develop financial plans from this information which became concept plans and specification. He said the Building Committee was outstanding and included a large group of residents from town. He complimented the Committee Chair, Imre Szauter, on the outstanding job he did and the countless hours he put into it whether for preparations for meetings, getting copies made, postings and a myriad of anything else that needed to be done. Going forward as mentioned, is a different phase and the Building Committee has done the vast majority of their job. Mr. Clark said the RFP’s for the construction manager would be going out the next day. He said eight have expressed interest and it has been his experience that they will narrow these down to three. The Building Committee will get together then and make their recommendation to the Board. He said the Committee will also be looking for grants but their tasks are winding down. Mr. Clark said they will nonetheless be kept informed of the process.

However, from now on, the majority of the task will be done with five members as a working group, made up of the Fire Chief, Police Chief, a Building Committee member, a Selectman/Office representative and himself. He said most decisions will be made by himself though the group will assist in final designs and specifications.

Mr. Clark reminded everyone that it is he who is responsible for coordinating the move-in and that the entire project is completed on budget, on schedule, and with the quality expected. Therefore, he said it will be a secured site and the general public is not allowed on the site. This is not only for safety reasons, but also to keep control. He said the only person who can tell the workers what to do must be him, otherwise we lose control which then affects the schedule and the budget.

Mr. Clark reviewed the remaining aspects of the project and responsibilities of Selectmen, engineers and others as well as the invoicing, accounting and financial procedures. He noted the regular meetings of the smaller group are not public meetings and there will be no outside attendance—these are a management tool and work meetings. The Selectmen will receive a monthly status report and any other information as needed. The Building Committee will have quarterly public meetings with minutes that will be posted. There will be quarterly status reports and a web site to help keep the public informed along with the Building Committee who will assist in this endeavor.

Mr. Clark thanked the Board for their time and reiterated that he wanted to be sure they understood the process as well as the reporting. There were no questions and the Board thanked Mr. Clark for his presentation.

Follow Up:
Buildings to be Razed – RSA 155 – A report is being checked at this time and hope to have
more information soon.
Old Cherry Mountain Road North – As requested by the Board, the Secretary spoke with our
appraisers at Commerford Nieder Perkins, and was definitely told that the evaluations of the
property on this take into consideration that it is not maintained and therefore receive a
discount. Brief discussion about the condition for plowing took place and Brian Mycko

said he wasn’t sure if it’s even legal to plow it because it is a snowmobile trail. He said he
would check on that.
Police Station Lease – The Board spoke to Greg Hogan about renewing the lease for the Police
Station and also about doing the walk-through for putting it back to the way it was before
the Police moved in as Chairman Moroney said she wants the Town to be able to get their deposit returned. They would also like to sign the lease at the next meeting because it expires April 30. Mr. Hogan said they’ll be happy to work on both items as soon as possible.

Other:

The Secretary said the audit for 2018 is in process and had letters to be sent to the two legal firms which had represented the Town that year, Mitchell Municipal Group and Orr & Reno. These are to be signed and sent so they can respond to the Auditors. Selectman Scalley made a Motion: To have Chairwoman Moroney sign the letters. Selectman Gauthier seconded and it passed unanimously.

There were two pieces of correspondence recently received: one regarding an alternative source from Eversource for electric power which the Board appreciated receiving but did not wish to pursue; and the other from a person from Ballston Spa, NY, who was interested in the busy intersection of Routes 3 and 302 and in helping to make it better. Again, the Board said thank you, but did not have interest in any follow-up. They asked that both letters be placed on file.

Chairwoman Moroney said they had a meeting for the future of the two buildings being replaced, and feel that doing a lot line adjustment for the Town Hall would be good. She also said she is working on the newsletter and hopes to get it out for Memorial Day. She asked Greg Hogan about Town Clean-Up Day and he said he will let her know as soon as he speaks with Carol Cunningham, President of the Chamber of Commerce as they do this together.

Greg Hogan, Public Works Supervisor, announced that the Transfer Station has received a $5,000 grant from New Hampshire the Beautiful toward the cost of the new Bobcat they purchased last year. The Board thanked Greg for pursuing this and NH the Beautiful for the award.

Brian Mycko asked what was happening with his Certificate of Occupancy. It was explained that there had been emails with Mr. Wiley, the inspector, on which Mr. Mycko had been copied. It was also pointed out that Mr. Mycko needed to be in touch with Mr. Wiley to set a date for the inspection as their schedules were known best by themselves. The Secretary said she would check and make sure Mr. Mycko had received Mr. Wiley’s phone contact.

Imre Szauter said he had been discussing with UNH that the Town had no reports in their on-line Library and they will work with us to put them on. Mr. Szauter noted that he is working on getting copies but there are eight between 1897 and 1917 which we do not have, and asked if there is anyone who might have these or access to these so they may be scanned and returned.
Mr. Szauter gave a special thanks to Mike Gooden for all of his help with this project.




Chairwoman Moroney said the next Selectmen’s Meeting will be Monday, April 22, 2019, at 7:00 p.m. at the Town Hall.

As there was no further business, the Board was polled and went into non-public session, per RSA 91-A-3 for Personnel at 8:28 p.m. Chairwoman Moroney, yes; Selectman Scalley, yes; Selectman Gauthier, yes.

At 9:10 p.m. Selectman Scalley moved to return to public session and seal the minutes from non-public. Selectman Gauthier seconded and it passed unanimously.

Discussion regarding the ZBA approval on the Variance for Birchwood Commons, LLC, 491 Rt. 3S for a doggy day care, ensued. Apparently the ZBA members asked questions and answers were given but there is no documentation. This Board believes it was a mistake for the ZBA to approve this application. Selectman Scalley summarized an email from the attorney with whom he had spoken. The fact that it is not in the Ordinance does not imply hardship. It was also noted that there is no State license required for anything like this. Discussion about this and how we should take care of it followed. Selectman Gauthier stated that we should allow the ZBA decision to stand and to acknowledge the approval for the Variance was inappropriate due to the requirements not being met. After further discussion, Selectman Gauthier made a Motion: Not to move for a rehearing on the ZBA’s decision on March 14, but to acknowledge the ZBA’s error in approving the Birchwood Commons, LLC, Doggy Daycare. Chairwoman Moroney seconded and the Motion passed unanimously. A letter should be sent to the ZBA and the applicant.

At the close of non-public session at 9:57 p.m., Selectman Gauthier moved to return to public session and seal the minutes from non-public session. Selectman Gauthier seconded and the Motion passed unanimously.

There being no further discussion, Selectman Gauthier made a Motion to adjourn the meeting. Selectman Scalley seconded and the Motion passed unanimously. Chairwoman Moroney declared the meeting ended at 9:58 p.m.