Selectboard Meeting Minutes

Minutes of 4/30/2024

May 8th, 2024

Carroll Board of Selectmen
Meeting of the Select Board
Meeting Minutes
April 30th, 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, Dave Scalley, Bill & Rena Vecchio, Bobbi & Vern Amirault, Mike Gooden, Chris & Judy Pappas, Imre Szauter

Pledge of Allegiance

Signing of bills and manifests completed prior to this meeting.

Selectperson Moroney motioned to approve the minutes of 4/16/2024. Selectman Greer seconded this motion, all in favor none opposed. Motion to approve minutes of 4/16/2024 passed.
The Select Board was presented with a Supplementary Water Warrant for Woodcrest Lane. Selectperson Moroney made a motion to approve and sign. Selectman Marquis seconded this motion. All in favor, none opposed. Motion to approve and sign passed.

The Select Board was presented with an Oath of Office for Janet Merner of the Zoning Board of Adjustment. Selectperson Moroney made a motion to approve and sign. Selectman Marquis seconded this motion. All in favor, none opposed. Motion to approve and sign Oath of Office for Merner passed.

The Select Board was presented with an Intent to Excavate for Pike Industries. Selectperson Moroney made a motion to approve and sign. Selectman Marquis seconded this motion. All in favor, none opposed. Motion to approve and sign Intent to Excavate passed.

The Select Board was presented with a request from the Appalachian Mountain Club (AMC) for a letter of support to the State of New Hampshire Liquor Commission regarding their summer concert series. The Select Board was presented with information regarding the dates of the concerts, the map of the event, as well as the Permit to Operate a Place of Assembly previously signed by Fire Chief Duncan. Selectperson Moroney made a motion to approve and sign. Selectman Marquis seconded this motion. All in favor, none opposed. Motion to approve and sign letter to the State Liquor Commission passed.


Chaiman Greer began discussion of attending the Recreation Committee meeting scheduled for April 22nd. When he reached out to both committee members, who were unable to attend and no one had reached out to inform the Administrative Assistant to remove/cancel this meeting from the Town calendar. Selectman Greer reached out to the Admin who cancelled the meeting however, this was within 24 hours and did not provide a lot of notice to any who planned to attend. Selectman Greer sought input form the other Selectmen and questioned if the Recreation Committee currently has enough members for a quorum. Selectperson Moroney informed that they should have at least 3 members, a Treasurer, a Chairman and a Vice Chair. Moroney also informed that the Recreation Committee has not held a meeting since their first meeting in January. Meetings scheduled for February, March and April have all been cancelled. Moroney discussed that the Recreation Committee budget request for 2024 included funds for plans regarding summer concerts. No one on the Select Board is aware of where the Recreation Committee is with the events they had discussed having in the warmer months regarding the booking of musicians for concerts. Selectman Greer says he feels that the bands were discussed at the meeting the Rec Committee held on the 28th of January 2024. Selectman Greer read off 4 bands and dates discussed at that meeting. David Scalley asked if those bands have been booked. Selectman Greer said he thought they were booked however, the Selectman’s Assistant informed the Recreation Committee has not requested any funds through the Selectman’s office regarding payments to bands that she is aware of. Selectperson Moroney suggested that the Selectman’s Assistant reach out to the Recreation Committee and invite them to attend a Select Board meeting to discuss their plans. The Selectman’s Assistant will invite the Rec Committee to the Select Board meeting scheduled for May 14th and May 28th. Selectperson Moroney stressed the importance of getting events nailed down. Selectman Greer informed that he hopes residents read the minutes and see the need for involvement in the Rec Committee. Rena Vecchio stated she also attended the last meeting of the Recreation Committee which was held in January.


The Select Board was presented with an application for a private event to be held in the Community Room by Rena Vecchio. Rena requested the Select Board’s permission to serve beer and wine at this event. Selectman Greer made a motion to approve and sign. Selectperson Moroney seconded this motion. All in favor, none opposed. Motion to approve and sign the application for use of the Community Room with an allowance for the serving of beer and wine at the event passed.

Selectperson Moroney discussed her work with Land Use Secretary Steffanie Apostle going through the Zoning Ordinances as they are and updating what had been approved in the March vote. Moroney informed they did not yet address warrant article # 2 as this is something the Select Board is still working on, but did update articles #3, #4, #5 and #6. Warrant article #7 the Select Board needs to determine what they will be doing regarding registration requirements for Short Term Rentals. Selectperson Moroney informed that all the Zoning Ordinances have been updated aside from WA #2 and WA #7.
Selectperson Moroney informed that following a discussion with Fire Chief Duncan she was aware that the town of Conway, NH has made a similar change related to Short Term Rentals (STR). Moroney requested the Selectman’s Admin reach out and obtain information related to Conway’s implementation of regulations. Moroney was provided with documents to review and will continue working on developing a plan for the Town of Carroll to implement the voted-on warrant article. Rena Vecchio posed a question to the Select Board regarding the legality of WA#2, stating that at a Planning Board meeting she was informed there were issues with the legality of this article. Selectperson Moroney informed that there are no issues with how Conway has implemented their regulations. Chief Duncan also responded stating that she is correct about hearing this at a previous meeting, however this information is more up to date and is from Conway within the last month. Duncan also stated that Conway has a much more involved process than Carroll is looking for and they have had no issues with legality, and are currently implementing this. Dave Scalley asked if the warrant article that was voted on reflects what the Select Board is working to implement. Selectperson Moroney informed that the plan is to take bits and pieces from what Conway is implementing and use that to create something tailored to Carroll. Moroney reassured Scalley and informed that the Select Board is working to implement a plan for “Registration Requirements and Regulations of Short-Term Rentals to the zoning ordinance” taken from warrant article #7. Moroney stated that the Town can start with some of what is being implemented by Conway and then use additional materials if it needs to be tightened.
Selectman Greer asked for clarification on this and Moroney informed the plan is to use parts of Conway’s paperwork as the basis for building the registration program for short-term rentals in Carroll, using Conway’s to provide guidelines. Moroney stated the Select Board needs to get moving on implementing the articles voted on in March.
Selectman Greer brought up the Town sign. Moroney informed she had met with Tom from Elevated Excavation regarding another matter and suggested that Scott Sonia reach out to Elevated Excavation and discuss putting the Town sign in. Selectman’s Admin will reach out to Sonia to follow up on this.

FOLLOW UP:

BOULDER MOTOR VIEW
Selectman Greer brought up Boulder Motor View and discussion of requirements. Selectman Greer read out the requirements agreed on at the previous Select Board meeting.
1. All debris in the drainage pipe from the catch basin as well as the pipe going across Fieldstone Lane needs to be cleaned out and kept clean over time.
2. The catch basin would need to be cleaned out of all sediment.
3. There needs to be a dry well installed prior to the Town catch basin to eliminate most of the flow into the catch basin.
4. The Town reserves the right to stop the flow into the catch basin if there are any issues the Select Board feels are problematic. The Town requires a way to stop the flow without digging up the connections if the need to shut off the flow arises.
5. The Town of Carroll is not responsible for the proposed catch basin modification and Boulder Motor View would assume all liability that is related to the increased flow for any downstream issues that occurred either at the catch basin or on the other side of the road where the effluent is deposited. Boulder Motor View will make good on any damage caused to the Town's catch basin or underground piping, caused by increased flow and the installation of any conduits to the catch basin.
Selectman Greer made a motion to send the letter to the property owner of Boulder Motor View to see if they agree to it and if they do then they can hook up to the catch basin. Selectman Marquis seconded. Selectperson Moroney raised a question, once the letter is provided to the owner of Boulder Motor View then what? Selectman Greer responded that the letter comes back and it gets recorded on the deed. Selectperson Moroney informed Selectman Greer that the Town of Carroll does not normally have copies of deeds. The document would need to be sent to the Registry of Deeds and request that it be recorded with the deed. Selectperson Moroney suggested that in addition to that there needs to be a signed letter from the property owner agreeing that it be added to the deed as well as the Town maintaining a copy on file for future access. Selectperson Moroney informed that it should be authorized by the property owner, added to the deed, and maintained in their file with the Town. Dave Scalley was recognized by Chairman Greer and suggested that the information be recorded with the Building Permit and the Certificate of Occupancy in the Town’s GIS for that property once the document has been signed.
Chairman Greer recognized Chief Duncan. Duncan informed on the current work by the Planning Board addressing updating the Master Plan for the Town. Duncan read from the Master Plan, regarding stormwater runoff and the intent to strengthen the Town’s Land Use regulations to prevent stormwater runoff from lowering the water quality in the towns and rivers and for all sub-divisions & developments requiring site plan review, require the quantity of stormwater leaving the site is the same or lower than prior to the project, require the quality of the water to be the same or better than prior to the project, and require developers to manage stormwater onsite. Chief Duncan noted that there is a large section in the Master Plan not allowing stormwater off developments and cautioned the Select Board on contradicting the Master Plan for the Town. The document was intended to provide guidance for future Selectmen and Town officials when making decisions regarding the future of the Town. Chief Duncan encouraged the Select Board to be aware of the Master Plan and suggested the Select Board be involved going forward. Selectman Marquis questioned if ground water is considered stormwater and Chief Duncan informed it is. Selectman Greer asked questions on what to do with water and how to deal with it. Chief Duncan again stated the Master Plan instructs it should be managed on site. Building Inspector Scalley recapped what Chief Duncan was stating advising the Select Board to be mindful of not contradicting the Master Plan that is being currently put together as the board is right now.
There is not yet a Select Board representative appointed to working on the Master Plan as of the date of this meeting. One should be appointed the following Thursday at the Planning Board’s next meeting. Rena Vecchio suggested since the Town belongs to North Country Council and they are working with the Town to update the Master Plan the Selectman’s office call and seek their input on this decision.
Chief Duncan summed up his statement by suggesting that if the Planning Board and the Town is going to work so diligently to update the Master Plan that the Select Board consider this guidance when making decisions as the purpose of this document is to assist in making future decisions such as this. Selectman Greer stated that Boulder Motor View is putting in a dry well and that might solve the problem. Selectman Greer discussed the discrepancy of the census report on the number of houses in Town and the discrepancy of the actual number of houses in Town. Chief Duncan informed that currently the Land Use Secretary is working to get a more accurate number as well as to update GIS where needed.
Circling back to the motion regarding Boulder Motor View Selectman Greer stated his motion on this matter is to send the above-mentioned letter to the property owner and obtain their signature and agreement to abide by the conditions stated in the letter. The signed document of conditions will then be added to the file kept at the Town office as well as sent to Lancaster to be kept with the property deed. The conditions of this agreement will be added to the Town’s GIS for this property. Selectman Marquis seconded this motion. Selectperson Moroney opposed. Motion passed, Selectmen Greer and Marquis in favor, Selectperson Moroney opposed.

PRIVATE ROADS
Selectman Greer began discussion of private roads and informed that the Town has been working with legal following concerns raised by Chief Duncan regarding the maintenance of private roads and the ability for emergency vehicles to access residences on unmaintained private roads. He discussed options provided by legal. Greer informed a letter has been drafted to be sent out to residents of private roads whose condition has been identified as difficult by the Fire Chief and the Road Agent. Chris Pappas suggested that the letter contain specific information regarding what the issue with the private road is. Chief Duncan read from the Town’s 2016 Master Plan regarding the issue of private roads and maintenance including the recommendation that the Select Board and the Planning Board work together on a town policy regarding building on a class 6 road. Chief Duncan highlighted that this has been an ongoing issue and was identified as such by the 2016 Master Plan. Duncan suggested working with legal to make sure that going forward there is a plan in place regarding maintenance and upkeep of private roads when properties on private roads are developed. Dave Scalley discussed the ability of the town to enforce developers on private roads to keep the roads maintained for access by the Building Inspector and the Fire Chief. Scalley also discussed the progress by the Planning Board on this issue, utilizing a third-party review for private roads, and suggested this process continue. Scalley stated this will ensure that in the future should residents of a private road which has been brought up to the standards of a Town road seek to have the Town take over that road the Town will already know the foundation of the road is up to standards set by the Town. Scalley highlighted the need for the Town to put measures in place to ensure that the road is maintained once a development is done. Chief Duncan recommended that there needs to be something in the Town’s documentation that requires developers have a system in place to have private roads continuously maintained. Selectman Greer offered to reach out to legal and seek options.

BUILDING PERMITS
Selectperson Moroney discussed prior conversations regarding building permits and the possibility of releasing communications with legal to allow for increased transparency. Moroney informed on a conversation with legal regarding the NH State Building Code Review Board and if warrant article #2 would be acceptable to the review board. Selectperson Moroney requested permission to read the response from legal regarding this question. Selectmen Marquis and Greer were not opposed. Moroney read the response form legal “The new law for the review went into effect on 1/1/23 and I missed it. You’re right, I should have recommended that for the purpose of amendment to be submitted to the review board. The review board is to make sure the amendment does not conflict with building code. The building code incorporates the IRC. In my letter I outlined how the zoning amendment could be applied consistently to the IRC, and specifically section R-105. I am attaching a link here so that you may review it. Here is what I recommend, I will contact the review board to see if it will let us know if the amendment is O.K. If it is we are all set, if it is not then I will help the Select Board and ZBA figure out a way to remedy the situation. This is my mistake so there will be no charge to fix it.”
The Select Board recognized Rena Vecchio who stated she would like it understood that when she discussed this warrant article at the last Select Board meeting, she was not implying that the Select Board did anything underhanded. She informed that she was just seeking clarity and transparency on the subject. Selectman Marquis also extended an apology to Scalley and Chief Duncan stating that prior to the last Select Board meeting he had missed the attachment that was sent by legal, and was working under the wrong assumptions.
Selectperson Moroney reported that Warrant Article #2 is on hold for the time being. Moroney informed she will contact legal to move forward. Selectman Marquis stated he wanted to make it very clear to the residents and voters that the Selectmen are working diligently to abide by the legal requirements of the State Building Codes as well as the interests of the voters.
Selectperson Moroney encouraged the Board to continue working on warrant article #7 regarding Short-Term Rentals and stated she will continue working through the other ordinances to determine what must be included.

OTHER
Selectperson Moroney provided an update on the progress regarding Fieldstone Lane. Dave Scalley requested a copy. Selectperson Moroney approved.
Chief Duncan informed those in attendance that Town Clean-Up Day is scheduled for May 4th and will be beginning and ending at the Fire Station.
Chief Duncan informed those in attendance that some of the issues he has been discussing recently regarding water, availability of water, and fire suppression/safety came to fruition in Lincoln. He informed they were fighting the fire and 45 minutes into the fire they ran out of water and had used 120,000 gallons in less than an hour. He reminded all that although he may sound like an alarmist, these are the realities of what those situations look like and should be a concern for the Town of Carroll. Selectman Marquis discussed continued access to new hook-ups for water. Chief Duncan again directed the Selectmen to the master plan for the Town and encouraged them to use this as a guide.
The next meeting of the Select Board will be held on Tuesday May 14th, 2024 at 5 p.m.

At 6:22 p.m. Selectman Greer made a motion to go into non-public for legal. Selectperson Moroney seconded the motion. Motion to go non-public for legal and personnel passed.

At 7:09 p.m. Selectperson Moroney 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.

Selectperson Moroney made a motion to adjourn the meeting at 7:10 p.m. Selectman Marquis seconded this motion. Motion to adjourn passed, meeting adjourned at 7:10 p.m.