Selectboard Meeting Minutes

Minutes of 6/25/2024 (Water Commission & Select Board )

June 25th, 2024

Carroll Board of Selectmen
Meeting of the Water Commission & Select Board
Meeting Minutes
June 25th, 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: Jules Marquis, Bonnie Moroney, John Greer

Members of the Public: Melissa & Ben Jellison, Imre Szauter, Scott Sonia, Chris Pappas, Rena Vecchio, Bryan Mycko, Kevin Leonard (Northpoint), Mike Gooden, Mr. & Mrs. Jim Phillips, Kathi Soule

Pledge of Allegiance

Meeting of the Water Commission called to order at 5:00 p.m. by Chairperson Greer.

Chairman Greer gave the floor to Commissioner Moroney who explained that in a letter to the Department of Environmental Services (DES) Cathy Conway of Horizons Engineering answered several questions which were not addressed by the Water Commission during their last meeting on March 19th 2024. Moroney stated that Conway was informed by the Public Works Director as well as Northpoint Engineering that having a water line run through wetland makes finding a water leak in that area very difficult and would not be satisfactory. Moroney referenced a letter sent by Chairman Greer which was included in Conway’s response to DES which was not signed by him or other members of the Select Board and was sent by Conway to the state without signature. Moroney stated that the Select Board had not gone over this letter or approved it. Moroney read one of the questions from the DES letter into the minutes “For your reference, the completion of this Phase 2 development will put the estimated population served by Carroll Water Works above 1,000. This will require additional routine sampling.” Moroney continued and stated Conway’s response was “No comment” when this was something that should have been addressed by the town. Moroney continued reading another question from DES “The water main passes through a wetland. Have all permits been obtained?” Conway’s response “Yes, please see attached wetlands permit.” Moroney highlighted that Conway did not address the issue presented by the Director of Public Works regarding the water line running through wetlands making finding leaks difficult. Moroney addressed Conway’s response to DES regarding the requirement to maintain adequate separation of 10 feet horizontal or 18 inches vertical between water mains and both sanitary and storm sewer pipe. Moroney stated that the last designs she recalls seeing these pipes were too close. Moroney invited Kevin Leonard of Northpoint to discuss anything he felt should be included. Leonard informed that he received a submission from Conway on Friday responding to his comments from his last review for the Planning Board. Leonard stated he is not directly involved with the water main work but informs he has been working with the Public Works Director and advising the Planning Board on things that are resolving or coming together on the project. Leonard informed his letter to the Planning Board regarding a 30-foot-wide water main easement shown on Phase 2. He stated his concern is easements, right of ways are typically 50 feet right and shut-offs are beyond the right of way line. In the 30 foot easement the shut-offs are not captured. Leonard informed that every town is different but many municipalities will maintain to the shut-off and beyond the shut-off is the property owners. He continued by stating that right now the easement that he has been given shows the water line is off-set in one travel lane and then there is the 30 foot easement which may be capturing that shut-off on one side but on the other side it is not capturing the full length of service to the shut-off. Leonard stressed the importance of having an easement that allows Carroll Water Works (CWW) to maintain the infrastructure that CWW is taking responsibility for. Leonard referenced the letter from Conway to DES where Conway answers the question of ownership and maintenance of the water utility “Ownership and maintenance of the watermain will be Carroll Water Works.” Leonard recommended that there be an easement that captures the full length of service and allows CWW the ability to do that in perpetuity. He informed that it is not a big change from what Conway has currently but he feels it is a worthwhile one.
Commissioner Marquis asked how wide the easement needs to be to cover everything. Leonard replied that the easement refers to 15 feet on either side of the water line, but the waterline is not centered in the road and there is not equal distance from one shut-off to the other. He continued and informed that the distance from shut-off to shut-off should be 70 feet wide and there should be the ability to get to the shut-offs and any lines coming in, and currently one service side is longer than the other because the water line is not centered in the road. This was confirmed by Public Works Director Scott Sonia. Leonard recommended Conway revise the lines to the outer limits and offered to be available to the town’s legal team to provide information should they have questions. Chairman Greer asked if this is something the Planning Board should discuss. Leonard replied that this has been on his review for the Planning Board and Phase 2 was approved conditionally 2 weeks ago with the condition that Conway satisfy the requirements of Leonard which he has provided to the Planning Board. Leonard states it is his opinion that the easement should include that entire area to avoid trespassing while performing routine maintenance. Commissioner Moroney voiced her concern regarding the watermain easement deed where ownership and maintenance of the waterlines is given to CWW and would like buyers to beware that CWW may need to perform maintenance on waterlines on their property. Leonard stated that the buyers should be getting a copy of the home owner’s association documents due to the private road system, plowing etc. which will be prepared by Echo Lake’s legal team then reviewed by the town’s legal team.
Leonard informed on fire prevention and stated that at the last meeting he was at Fire Chief Duncan stated he was reserving the right to be able to use fire hydrants on Phase 2 if necessary. Leonard reviewed Conway’s response to DES where she informed that the fire hydrants would not be used at all, and stated he would be circling back with the Fire Chief and make sure that does not change the specifications of the fire pond. Leonard stated that it is his understanding the specifications for the fire pond provided by Chief Duncan were based on the premise that he would also be able to tie into the system should he need to. Leonard states he will follow up with Chief Duncan to verify his specifications regarding the fire pond and hydrants. Commissioner Moroney referenced the letter provided to Conway by Fire Chief Duncan which was also provided with her response to DES it seemed clear that he would be using the hydrants. Commissioner Marquis asked about the farthest shut-off from the center of the road. Leonard showed the latest copy of the plans to the Select Board and answered questions. Director of Public Works Scott Sonia informed that usually the right of way is to the shut-off no matter where it is. Commissioner Moroney wanted to make sure the minutes reflected this statement. Commissioner Marquis asked for clarification, Sonia again stated CWW usually owns to the shut-off regardless of where it is. Chairman Greer asked Leonard for recommendations. Leonard again mentioned the easement as well as continuing working with Chief Duncan regarding his requirements and continue working in the best interest of the town. Commissioner Moroney asked for any suggestions regarding water lines running through wetlands. Leonard suggested sleeving pipes in the wetlands. Sonia recommended (HTPE) high density polyethylene. Leonard mentioned that this development will put CWW into the next population threshold which will require additional routine sampling.
Commissioner Greer read a section of the letter from DES to Conway which he felt was not justified. Greer read “While it is unfortunate that the Town has decided not to take this opportunity to address current issues with the water system with regards to water quality during the pull of water off existing hydrants for either fire protection or flushing in this part of the system, all comments have been addressed and the design meets the requirements of our rules.” Greer reported that he understands that Sonia is currently working on this, which Sonia confirmed. Greer felt including this in the letter from DES without reaching out to the Director of Public Works or the Town of Carroll was unnecessary and wanted that included in the record. Commissioner Moroney thanked Kevin Leonard for attending. Commissioner Greer closed the meeting of the Water Commission at 5:19 p.m.


Meeting as the Select Board called to order at 5:19 p.m.

Signing of bills and manifests completed prior to this meeting.

Selectperson Moroney motioned to approve the minutes of 6/11/2024, Selectman Marquis seconded this motion, all in favor none opposed. Motion to approve minutes of 6/11/2024 passed.

The Select Board was presented with an Oath of Office for Zoning Board Alternate Diane Rombalski. 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 Zoning Board Alternate Diane Rombalski passed.

The Select Board was presented with a Supplementary Water Warrant. Selectperson Moroney made a motion to approve and sign. Selectman Marquis seconded this motion. All in favor, none opposed. Motion to approve and sign Supplementary Water Warrant passed.

The Select Board was presented with the Second Issue Water Warrant for 2024. Selectperson Moroney made a motion to approve and sign. Selectman Marquis seconded this motion. All in favor, none opposed. Motion to approve and sign the Second Issue Water Warrant for 2024 passed.

The Select Board was presented with a Water Abatement for J. Lepage. Selectperson Moroney explained that this is due to damage to property which occurred during a water main break and would result in $20 off this resident’s water bill. Selectperson Moroney made a motion to approve and sign. Selectman Marquis seconded this motion. All in favor, none opposed. Motion to approve and sign Water Abatement for J. Lepage passed.

The Select Board was presented with a Food Truck Permit Application for Smokin Rednecks. This application is to allow a food truck to operate during the Recreation Department’s summer concert series by the Information Booth on the August 10th date. Melissa Jellison informed this is the only date there will be a food truck at these events. Selectperson Moroney made a motion to approve. Selectman Marquis seconded this motion. All in favor, none opposed. Motion to approve passed. Selectperson Moroney made a motion to have Chairman Greer Sign. Selectman Marquis seconded. Motion to have Chairman Greer sign food truck application for Smokin Rednecks passed.

The Select Board was presented with a DRA PA-28 Inventory of Taxable Property Form for 2025. Selectperson Moroney made a motion to approve and sign. Selectman Marquis seconded this motion. All in favor, none opposed. Motion to approve and sign PA-28 Inventory of Taxable Property Form for 2025 passed.

The Select Board was presented with a DRA PA-16 Application for Reimbursement to Towns & Cities in Which Federal & State Forest Land is Situated for 2024. Selectperson Moroney made a motion to approve and sign. Selectman Marquis seconded this motion. All in favor, none opposed. Motion to approve and sign PA-16 Application for Reimbursement to Towns & Cities in Which Federal & State Forest Land is Situated passed.

The Select Board was presented with a letter from Carroll’s Representative to the Coos Broadband Committee requesting a letter of support from the town in assisting with the current mapping efforts of the Coos Broadband Committee by sharing E911 data with NH Granit who will be using the data for mapping purposes. The Select Board was presented with a letter of support for their signature. Selectperson Moroney made a motion to approve and sign. Selectman Marquis seconded this motion. Chairman Greer asked for comments and then informed that he wanted to support the buildout of broadband in the north country however he voiced his concern with sharing 911 data and did not see how it was necessary. Greer stated he would be more comfortable voting in favor of this if Chiefs Duncan and Bailey were in favor of this because they are directly responsible for the 911 data. Greer requested to table this item until he could speak with the Chiefs. The Selectman’s Assistant offered to read the letter request into the minutes. Chairman Greer took a question from Ben Jellison regarding the agenda and the Selectman’s Assistant responded. Selectman’s Assistant read the letter, “To the Select Board of the Town of Carroll, NH: As the towns representative on the Coos County Broadband Committee, I am writing with a request from the committee. The buildout of broadband in Coos county that was started as a result of the "Broadband for All" Initiative in the state is ahead of schedule and it is time for another broadband mapping project. This has been contracted to be conducted by NH Granit using E911 data. The Broadband Committee is asking each Coos town to send a request to the NH Department of Safety to release its E911 data to NH Granit for this project. The Broadband Committee has prepared a template for your use which I have emailed to the Administrative Assistant. There no cost or obligation in any way to the town; and strict confidentiality of the E911 data will be maintained. If would be greatly appreciated if you could print a copy of this template on the Town of Carroll letterhead and sign, then send a copy by email to the NH Department of Safety at the address on the letter. Thank you, Judith Dearborn.”

Greer informed he felt it was important to protect data and noted his information is on the dark web 4 or 5 times. Selectman Marquis reported that this company deals with using this data and is their job. Brian Mycko informed that what the Broadband Committee is asking for is already publicly available. Citing that information Chairman Greer withdrew his request to table this item.
A roll call vote was taken. All in favor, none opposed. Motion to approve and sign a letter of support from the town in assisting with the current mapping efforts of the Coos Broadband Committee by sharing E911 data with NH Granit passed.

The Select Board was presented with a Driveway Permit Application and letter from Chief Duncan. Selectperson Moroney read Duncan’s letter into the minutes. Letter reads as follows “Dear Selectboard, I apologize, but I am unable to attend tonight's meeting. One of the items on the agenda is a driveway permit for Billbarb Road. Over the past few alterations, I believe the
road has been changed to reflect exactly what is on the Town GIS. I have highlighted it in
pink. The home in question is on lot 55.3. There isn't an issue on my end if it is included as
a shared driveway with lot 55.2 and constructed and maintained according to current
driveway standards. That being said, I do believe that the plans that have been submitted, show it as being on Billbarb Rd., which is not built to current Town road standards in that area and I don't believe it is considered part of the Bill barb Road (area highlighted by orange).
I just thought that before signing the permit for this driveway and home that it is an issue
that may need some more clarification. Thanks, Fire Chief Jeff Duncan”. Chairman Greer asked if Chief Duncan was asking them to deny the permit. Moroney informed he was not, he just wanted the Select Board to be aware that these are driveways and this driveway application is not actually Billbarb Rd. Selectman’s Assistant provided additional information as explained by the Building Inspector, as well as provided notices of decisions from the Planning Board related to driveways on Billbarb Rd. Moroney requested to table this until more information is obtained. Selectman Marquis seconded the motion to table passed unanimously.

Chairman Greer reported back to the Select Board from his last meeting at the Zoning Board of Adjustment where he is the Select Board Representative. Greer informed on an Application for Variance regarding the building of a shed and the setback from the road. Greer informed that the variance was not granted. He informed on the alternative that the ZBA considered and was applied in this situation.

Chairman Greer recognized Jim Phillips, the owner of Boulder Mountain View. Phillips reported on his current issues regarding fire suppression and the need to run a sump pump to remove water from flooding his basement. The town had previously created an agreement to allow Phillips to drain into the town’s catch basin. This document was reviewed by legal and sent to Phillips. Phillips informed the Select Board that although he is currently draining into the town’s catch basin, he has not signed the agreement presented to him. Phillips came before the Select Board to request he be permitted to trench Fieldstone Lane. The Select Board recommended Phillips bore under the road since this was paved recently and any digging of the road would result in a bump/dip in the road once filled in. The Director of Public Works strongly supported the boring to avoid disturbing the road. Phillips and the Select Board as well as the Director of Public Works discussed possible solutions. Philips stated he would fix any resulting bump/dip in the road annually at his own cost should he be permitted to trench the road, and informed finding someone to bore under the road would take 2 years. The Select Board recommended boring due to the taxpayers paying to pave that road. The water regulations also recommend boring in this situation. Philips will work to seek alternate solutions to trenching or digging the road. Phillips left at 5:44p.m.

Melissa Jellison provided an update on the Rec Department’s Summer Concert Series, informing on advertising, planning for road closure and trash clean up. The first concert will be on July 13th at the Info Booth.

Ben Jellison asked about plans to repair the Info Booth. Selectperson Moroney informed on plans to repair the structure, seeking information from contractors, and putting a plan together for the 2025 budget year. Moroney informed on some of the history of how the building has been maintained and how the building reached its current condition. Greer also discussed other projects such as fixing the Safety Building parking lot, placing the sign for the town office building, and reroofing the Rec Building. Scott Sonia informed he is waiting on the contractor to get the sign in place.

FOLLOW UP:
SHORT TERM RENTALS
Selectperson Moroney sought permission from the Select Board to release information from legal. Moroney made a motion to release this information to the public. Selectman Marquis seconded, no discussion, all in favor, none opposed. Motion to release information to the public passed unanimously. Moroney informed that she requested legal look into the way the short-term rental article was written. Moroney read the response from legal “The language for those articles looks good. Please have the SB send me the registration requirements and regulations for my review.” Moroney informed that she was waiting to proceed with putting the registration program together until clarity regarding the warrant article was obtained from legal. Moroney informed the lawyer foresees no legal issues with registration of both short-term rentals as well as month to month rentals for safety. Moroney informed she will move forward working with Chief Duncan and will send documents to legal for review when program is finalized. Chairman Greer recognized Kathi Soule who discussed the safety inspection portion of the registration program, and asked how registration fees would be used. Moroney replied that they would be used to support the registration program and related costs. Discussion followed regarding the registration of month to month rentals. Bryan Mycko stated that the town has voted on this article and he would like to see the program move forward. The Board discussed completing the registration program to bring it before the voters as a completed package. Mycko urged the Board to move forward with the registration, if there are additional aspects of the program which were not stated in the article that the Board would like to add then bring it before the voters.

PRIVATE ROADS
Selectperson Moroney informed a list of private roads is needed to move forward. Chairman Greer suggested reaching out to Chief Duncan for this list. Selectperson Moroney suggested reaching out to all residents on private roads to inform them of the need to maintain private roads to make sure emergency vehicles can access their homes should they be needed.
OTHER:
Chairman Greer provided an update from the Energy Commission (EC) where they have been working to place solar lights to illuminate the American flag at night. The first one was placed on New Straw Road and cost $18 dollars. Greer continued informing that the EC would like to place lights at the flags on St Margaret’s and Rosebrook as well as the recycling center. Greer made a motion to install solar lights on the flags at those locations. Selectman Marquis seconded. Selectperson Moroney inquired where the funds would come from to pay for the project. Greer informed it would come out of the EC budget. Roll call vote, all in favor. Selectman’s Assistant asked which line in the EC budget Greer would like to use. Greer informed he would discuss this at the next EC meeting and follow up.
Chairman Greer recognized Selectperson Moroney who continued with the email from legal voted to be released earlier in the meeting. Moroney informed this is related to the town’s attempt to obtain a corrective deed for the Bear Den property. Moroney read legal’s response into the minutes, “I have spoken with Bear Den’s lawyer. He confirmed that a corrective deed is unnecessary for his client. In addition, legally, the Town can’t do a corrective deed because it has nothing to convey. It conveyed its interest with the deed to Bear Den. It would also create problems for Bear Den because it’s a deed out of sequence for their title. The corrective deed that Bear Den took care of town not having previously conveyed its interest to Palmer. So, please advise the SB that no corrective deed will be prepared.” Moroney requested permission to reach out to the interested resident and follow up on this.
Moroney informed on her efforts reaching out to engineering firms to obtain information on how best to improve the town’s water infrastructure. Moroney provided information to the Board and reviewed a proposal from one firm and discussed Task 1 in that proposal with an estimated 40 hours for $5,000. Moroney made a motion to move forward with Task 1 of the proposal with funds to come from the water budget or Water CRF if needed. Selectman Marquis seconded, all in favor, none opposed.
Moroney made a motion to set a deadline for adding items to the agenda as 2:00 p.m. the Thursday before a meeting. If there is something that needs to be added on later it can be brought up under other. The Select Board agreed.

Moroney reported to the Board that she followed up on town properties as requested during a prior meeting. Moroney stated Hank’s Location will be in 2025, not in 2024 due to covid preventing the entry of information until 2022. Moroney continued and informed the property on Twin View will be 2026. Moroney recommended holding on to the location on Little River until it can be determined if it would be of use in the Board’s effort to improve the town’s water infrastructure. The properties on 302 and Paquette Dr will also be 2026.

Selectperson Moroney made a motion to have Chairman Greer sign the contract for the above-mentioned Task 1 proposal. Selectman Marquis seconded, all in favor, none opposed. Task 1 proposal signed by Chairman Greer.

At 7:07 p.m. Chairman Greer made a motion to go into non-public for legal. Selectman Marquis seconded the motion. Motion to go non-public for legal passed.

At 7:32 p.m. Selectperson Moroney made a motion to return to public session and seal the minutes. The motion was seconded by Selectman Marquis. Roll call vote to return to public session and seal non-public minutes passed unanimously.

The next meeting of the Select Board will be held on Tuesday July 9th, 2024 at 5 p.m.

Selectperson Moroney made a motion to adjourn the meeting at 7:33 p.m. Selectman Marquis seconded this motion. Motion to adjourn passed, meeting adjourned at 7:33 p.m.