Selectboard Meeting Minutes

Minutes of 4/17/2023

April 24th, 2023

Carroll Board of Selectmen
Meeting Minutes
April 17, 2023

“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 Heather Brown, Secretary
Board Members: Jules Marquis, John Greer, Ken Mills

Members of the Public: David Scalley, Alex Foti, Aaron Foti, Karen Moran, Janet Merner, Anita Greer, Andy Smith, Tammy Dubreuil, Al Kent, Imre Szauter, Bobbi Amirault, Chris Pappas, Jeff Duncan, Greg Hogan, June Rogier, John Gardiner, Ian MacMillan, Tadd Bailey, Mike Gooden, Paul Bussiere, Meredith Bussiere, Mike Hogan, Rena Vecchio

The meeting was called to order at 5:00 p.m. by Chairperson Marquis.

Pledge of Allegiance.

REVIEW OF PRESENT USE OF PROPERTY AT 104 ROUTE 3 NORTH – Chairperson Marquis stated that the Board has talked with legal counsel regarding the cease-and-desist order proposed by Alex and Aaron Foti for the property located at 104 Route 3 North, owned by Scalley Rt 3 104 LLC and the process the Select Board is going to follow is:

We will let Aaron Foti and Alex Foti each present their request and the reasons for it. We will allow for David Scalley to respond, as the owner of the property (Scalley Rt 3 104 LLC).

As part of the record, there are four (4) documents available and copies are available for whoever would like them.
The documents include:
• A Memo from the Select Board’s Secretary regarding the request from Alex Foti
• A Memo from the Select Board’s Secretary regarding the request from Aaron Foti
• A Letter received from Aaron Foti concerning the property
• A picture received from Aaron Foti of a truck parked inside the bay of the garage at the property

Tonight’s discussion is the first step; the next step is a site visit date the Board will determine tonight.
The Chairperson asked Alex Foti to speak.
Alex Foti stated that this is an administrative thing and further explained that he was at a Chamber of Commerce meeting last Tuesday, where they announced that there was a new Red Bull distribution center in town. Alex Foti explained that he did not believe that was true, because it would have had to have been reviewed by the Planning Board and there has been no application. After hearing the news, Alex Foti questioned if there was confusion and they were referencing the new brewing facility that is being established on the southern end of Route 3. Alex Foti stated that when he drove by later that day, he noticed, at the old fire house, that there were in fact a number of Red Bull trucks and cars parked outside, as well as cases of Red Bull inside the facility, noting it was clear that they are operating out of the building. Alex Foti explained that as Chair of the Planning Board, he constantly fights the perception that it is very difficult to get things done in town. Alex Foti further stated that there are perceptions of bias and conflicts of interest, in terms of people who wear multiple hats. Alex Foti stated that he appreciates that David Scalley helped the Town out by being the building inspector, however noted that the town cannot have the code enforcement officer doing things behind the Planning Board’s back and bypass the entire process. Alex Foti noted that the rules are the same for everyone and expressed that he understands that the town may be a challenging town to start businesses in and would be happy to look into that and understand how the process could be improved for everyone, but noted that it is a separate issue. Alex Foti stated that the Town has rules and processes and everyone needs to follow them at every level.
The Chairperson asked Aaron Foti to speak.
Aaron Foti agreed with Alex Foti’s remarks and noted that he reported the same things in essence at a different time than Alex reported. Aaron Foti explained that they did not bring their complaints or observations to the Select Board together, as they hold different titles and wear different hats, and indicated that they did not conflate the two things, noting they both observed the same thing at different times and expressed that due to their roles and responsibilities as Planning Board and Zoning Board of Adjustment (ZBA) members, he felt that reporting this was important. Aaron Foti explained that the enforcement of things like this go to the Select Board, noting this would be handled via the building inspector. However, in this instance how would it be handled? Aaron Foti explained that ultimately for other people, if they started a business and it was out in the open and everyone could see it, people would ask what is going on. Aaron Foti noted that everyone else goes to the Planning Board to make sure they are following the correct processes. Aaron Foti explained that he felt it was important to deal with this issue quickly because ultimately operations have changed significantly from what they used to be. Aaron Foti expressed that the reasoning for the new Town buildings being built was because the old fire station was no longer adequate. He noted it would normally be the Fire Chief that inspects, however could not confirm if that has happened. Aaron Foti reiterated that there are processes which promote safety, as well as other things like those working in the building, and stressed the importance of this getting dealt with, noting this was another reason he reported this.
Selectperson Greer asked Alex Foti and Aaron Foti if their specific complaint was the change in use. Alex Foti responded that there needs to be a Site Plan application and confirmed that there has not been one filed.
Chairperson Marquis asked David Scalley to speak.
David Scalley stated that he is the President of Scalley Rt 3 104 LLC, and he is speaking as David Scalley. Scalley explained that he purchased the property in December 2021, noting it was a very long process and the Select Board at the time wanted to make sure that future uses were proper. Scalley stated that when the property was purchased in December 2021, it had twelve (12) prohibited uses only. Scalley cited the following from the Town of Carroll Zoning ordinance:
Page 10, Section 403.1 – “Those uses designated with a ‘P’ are permitted and allowed by right”. Scalley explained that this is what he was going by and he did not purchase the building with any previous use, he purchased the building as-is-where-is with twelve prohibited uses. Scalley further explained that he was told that if he could get a use in there that was legal that it was fine and what he has in there is legal, as it is designated with a ‘P’.
Page 12, Line 21 – “Retail businesses and services including storage and distribution related thereto”. Scalley explained that the building is in the Residential-Business (R-B) zone and is designated with the letter ‘P’ as an allowed use.
Scalley stated that he is unaware of what he has done wrong, as he went to the zoning ordinance and found the permitted use and the letter ‘P’ does not require him to go to the ZBA or Planning Board for review, as it is a permitted use.
Chairperson Marquis asked if there was any public comment.
Paul Bussiere explained that he was the ZBA Chair for many years and voiced his concern with the letter that the ZBA Chair sent for a cease-and-desist, noting that the Chair needs to stay a neutral party, as a rule that State Land Use Board of New Hampshire requires. Bussiere expressed that there should not have been public statements made and the Board is a quasi-judicial branch for town government. Bussiere questioned how a person could have a fair and open appeal process when public statements are being made with a conclusion, noting that the Chair also influences the entire ZBA, in terms of making decisions. Bussiere suggested that this should be brought to the State ethics committee and they should be involved to find out if a vote needs to be redone for a new Board. Bussiere reiterated he is not talking about David Scalley’s property and reiterated that the ZBA cannot make public statements about a case that has not come to the Board. Bussiere explained that the applicant, the Town, and the abutters need some sort of protection, noting that is what the quasi-judicial branch of the Town government, the ZBA, is for. Bussiere believes that making public statements is derogatory and hurts everyone involved. Bussiere expressed the importance and that this should be taken care of before anything else, further noting that this is only his opinion.
Discussion regarding the letter (email) that was sent by Aaron Foti to the Select Board. The Board confirmed that this was public information and there were copies available.
Chairperson Marquis explained that everything that has been said will be taken into account and discussed.
Discussion regarding appealing a decision. Discussion regarding an application.
Chairperson Marquis explained that the Board is going to follow the procedure that was laid out earlier. Bussiere requested that his concern also be brought to Town Counsel’s attention, because the ZBA Chair made a public comment and the applicant has nowhere to turn if there is an appeal. Bussiere noted that due process has been taken away in this instance.
Discussion amongst the Board regarding gathering information, data, and facts and the process. The Board reiterated that there were no decisions being made tonight.
Karen Moran with the ZBA explained that there are five members on the ZBA and that the Chair was the only one that expressed an opinion, which as a member of the public, they are allowed to do. Moran stated that the other ZBA members have not done that, so there is still recourse if David Scalley has an issue with Planning or whatever.
Mike Hogan, past Planning Board member, voiced his opinion and questioned why this was coming to the Board now. He stated that David Scalley has owned the property since December of 2021, and as the owner, he was distributing/storing things out of the building when he originally purchased the property and a year and a half later, he has another company working out of the same building and there is now an issue of another company doing the same thing and a cease-and-desist is being requested. Question of changing ownership of a building from one person to another and questioning if the new owner needs to come to the Planning and/or ZBA and/or the Select Board to get permission to continue. Mike Hogan voiced his opinion that he is questioning why the Town is wasting their time and energy on this, when there is no issue. Chairperson Marquis responded that the Board was doing its due process, since there is a complaint, and the Board is gathering the facts, looking at everything and reviewing with Town Counsel once all the information is gathered. Chairperson Marquis explained that the Board is trying to find out what has and has not been done and see if the situation can be rectified, noting the complaint cannot be ignored. Chairperson Marquis noted that there is nothing personal here at all, and the Board is just trying to do their job and expressed that tonight, opinions do not matter and the Board is looking for facts and what people know, which will be investigated and then determine the outcome and if anything needs to be done.
Selectperson Mills pointed out that the Code Enforcement Officer is also one of the parties involved, which then brings the Select Board into a position that it does not normally have, as the Code Enforcement Officer would normally be the one to take action. Mills expressed that with that in mind, it is important to recognize and allow the Board to do the work that is expected and be patient with the process that the Board is taking.
Chairperson Marquis explained that the Board is hoping to have a final hearing on this topic sometime after May 3rd, noting that the Board is going to conduct a site visit at the property to get more information. Chairperson Marquis further stated that by law, before a cease-and-desist is issued there must be a reasonable investigation, which is what the Select Board is trying to do and if the parties are able to reach a resolution prior to the Board having to get together, all the better, and to let the Select Board know.
Aaron Foti stated that what hasn’t been said, except a complaint, is that there is an actual ordinance violation. Aaron Foti further stated that it was indicated in the email that he sent, that is public, which was not his intention, but the complaint stems from the ordinance, Article 8, Section 802.1 “A Zoning and Building Permit shall be required prior to: (A-6) A change in use with the property”. Aaron Foti stated that he intended to bring this up as a reporter because he feels that it is true and did not intend to bring it out as the Chairman of the ZBA making a public statement about how he might rule on something. Aaron Foti explained that his intent was to point out exactly what the ordinance says, and it clearly states that it needs that. Aaron Foti further noted that he has dealt with many cases as the ZBA Chairman where people are dealing with a cease-and desist that they have received because they are not following something in the ordinance and he feels that it is very clear that there is a change in use with the property. Aaron Foti stated that he is not aware of any old shipping facility of David’s (Scalley), but it is clear to him that it has recently changed and thinks that many people would agree with that, just by observation. Chairperson Marquis indicated that the Board is going to look into it. Aaron Foti stated that this goes further into the Site Plan regulations which further describe that if you have a permitted use and you are changing use from permitted use to another, you do not need a Site Plan application, unless that if you might be doing these things, you do need Site Plan application. Aaron Foti explained that in his message he included that there could be considered by someone, a change in vehicular traffic, change in required parking, increase in delivery and service vehicles or heavy equipment, potential increase with hours of operation, and an increase in noise. Aaron Foti noted that if any of the items he just listed have changed, it is required for someone to follow a Site Plan process, further stating that is what the ordinance says.
Alex Foti stated that he feels like this is turning into an inquisition and a huge deal and that this is pretty straight forward and how do we get to a resolution, like everybody else does. Alex Foti further stated that he understands David (Scalley) messed up, it happens; he needs to come to the Planning Board, needs to get a Site Plan review, it needs to have Jeff Duncan’s (Fire Chief) signature, it needs to make sure the building is safe and is designed to operate for the way it is now going to operate under, and then he can operate his business, until then, no he cannot have a business operating without the proper approvals. Alex Foti noted that it does not need to go to ZBA, the process just needs to be followed, that every other citizen of this town follows.
Chairperson Marquis reiterated that the Board is looking for facts tonight and is going to follow the process.
Mike Hogan explained that prior to this, the building was a fire station and when it was sold someone should have inquired about the property then.
David Scalley stated that he does not believe that he made a mistake with what was said.
The Board discussed a mutual date to do a site visit at the 104 Route 3 North location. The Board determined that Wednesday, April 19, 2023 at 9:00 a.m. would be the date and time of the Site Visit. David Scalley inquired who would be attending and Chairperson Marquis responded that it would be the three Select Board members and the secretary. The Board further noted that the Site Visit is a public meeting.
Janet Merner with the ZBA explained that while the Select Board is inquiring and looking into the facts, she noted that there was a sign in front of the post office saying that they were going to move, and her understanding was that possibly the post office would be moving into the old fire station building, but she is not sure, and it is only what she’s heard. Merner reiterated that she wanted the Board to be aware of this, as they are looking into things, as a change in use.
The Board reiterated that the site visit at 104 Route 3 North would be on Wednesday, April 19, 2023 at 9:00 a.m.
APPROVAL OF 4/3/2023 SELECT BOARD MINUTES – Selectperson Mills motioned to approve the 4/3/2023 Select Board minutes as written; Selectperson Greer seconded. Discussion – none. All in Favor: Mills-AYE, Greer-AYE, Marquis-AYE.


APPROVAL OF 4/4/2023 SELECT BOARD MINUTES – Selectperson Mills motioned to approve the 4/4/2023 Select Board minutes as written; Selectperson Greer seconded. Discussion – none. All in Favor: Mills-AYE, Greer-AYE, Marquis-AYE.

APPROVAL & SIGNING OF MANIFESTS – All Board members confirmed that they had signed the manifests.

SUPPLEMENTAL WATER WARRANT – The Board reviewed the supplemental water warrant for Bailey and Pilotte, totaling $2,090.00. Selectperson Mills made a motion to approve and sign the supplemental water warrant for Bailey and Pilotte; Selectperson Greer seconded. Discussion – none. All in Favor: Mills-AYE, Greer-AYE, Marquis-AYE.

WATER ABATEMENT– The Board reviewed the water abatement for Cassidy, totaling $216.77. Selectperson Mills made a motion to approve and sign the water abatement for Cassidy; Selectperson Greer seconded. Discussion – none. All in Favor: Mills-AYE, Greer-AYE, Marquis-AYE.

PROPERTY TAX ABATEMENT– The Board reviewed the property tax abatements for Mazzarella, Meehan, and Maloney. Selectperson Mills made a motion to approve and sign property tax abatements for Mazzarella, Meehan, and Maloney; Selectperson Greer seconded. Discussion – none. All in Favor: Mills-AYE, Greer-AYE, Marquis-AYE.

HEALTH OFFICER – Selectperson Mills made a motion to nominate Sandy Pothier for the Health Officer position pending a background check for the Town of Carroll; Selectperson Greer seconded. Discussion – Selectperson Mills explained that when he found out that the position was open, he spoke to his wife (Sandy) and conferred with the Fire Chief regarding the duties of the position. Mills further explained that his wife has had prior experience with this, working with the Health Officer in a neighboring town, further noting that she is a retired nurse. Mills reiterated that he is only making a nomination, as he wanted to give some background information and defer to the Board on further actions taken. All in Favor: Mills-ABSTAIN, Greer-AYE, Marquis-AYE.


ELDERLY EXEMPTION (STAPLES) – The Board reviewed the elderly exemption for Staples. Selectperson Mills made a motion to approve and sign the elderly exemption for Staples; Selectperson Greer seconded. Discussion – none. All in Favor: Mills-AYE, Greer-AYE, Marquis-AYE.

INTENT TO CUT (DUHAIME; 417-015-000-038) – The Board reviewed the intent to cut for Duhaime. Selectperson Mills made a motion to approve and sign the intent to cut for Duhaime; Selectperson Greer seconded. Discussion – none. All in Favor: Mills-AYE, Greer-AYE, Marquis-AYE.


FOLLOW UP

LAND USE SECRETARY POSITION – The Secretary informed the Board that the applicant had withdrawn her application just prior to tonight’s meeting and notified the Board that the position is still open. The Board discussed continuing to advertise for the position.

CLEANER/MAINTENANCE POSITION – The Board indicated that they would be discussing the cleaner/maintenance position further in non-public.

LIBRARY REQUEST (SIGN) – John Gardiner updated the Board that he had spoken with the Fire Chief regarding the bookshelf, noting that there was no problem with the location and it has since been mounted on the wall. Gardiner also confirmed with Greg Hogan, Public Works Director that there was no issue with the placement of the drop box outside the Town Hall. Gardiner further confirmed that the Library was satisfied at the time regarding the sign, noting that they would wait until the new Town sign is erected to see if there is room to add a shingle indicating the Library is also located in the Town Hall.

TOWN HALL THERMOSTATS (SZAUTER) – Imre Szauter reviewed the previous conversation with the Board. Szauter explained that he has met and communicated with VHV Company regarding consolidating thermostats at the Town Hall building, noting that there are areas in the building where there are two thermostats. Szauter expressed that the consolidation would reduce electricity and propane usage, allow the system to be accessed remotely, and the ability to set up schedules, most notably during the “shoulder season”. Szauter explained to the Board that the quote for installation by VHV Company is $622 and the Town would need to purchase the thermostats, which are currently estimated to cost $200 each, indicating that the total cost would be $1,050. Karen Moran suggested checking with Eversource to see if there are rebates, as the thermostats may qualify. Szauter also confirmed that VHV was coming for our quarterly preventative maintenance service on May 4th and could do the installation then, otherwise another appointment would need to be made. The Board discussed. Selectperson Mills made a motion to approve the purchase of the new thermostats and installation; Selectperson Greer seconded. Discussion – none. All in Favor: Mills-AYE, Greer-AYE, Marquis-AYE.

CELL TOWER SERVICE ON ROUTE 3 NORTH – The Secretary updated the Board that she had been communicating with Industrial Tower and Wireless (ITW) concerning the service on Route 3 North and if there was a carrier on the tower. The Secretary stated that T-Mobile is the licensed carrier located on the tower, which was confirmed by ITW. The Secretary explained that ITW indicated that they are actively communicating with additional carriers to co-locate on the tower and will let the Town know as soon as there is a confirmation, noting timing depends on individual carrier construction budgets. The Board reiterated that the main question from the previous meeting was if there was a carrier on the tower, which has now been confirmed.

BUILDING INSPECTOR – The Board indicated that they would be discussing further in non-public and asked David Scalley to be present.

ALL VETERANS’ TAX CREDIT (FLETCHER) – Selectperson Mills made a motion to approve and sign the all Veterans’ tax credit for Fletcher; Selectperson Greer seconded. Discussion – none. All in Favor: Mills-AYE, Greer-AYE, Marquis-AYE.

OTHER

Chairperson Marquis asked the Board to consider changing the Town Hall hours back to Monday through Thursday and being closed on Friday. Chairperson Marquis highlighted that his reasoning is that the Town Hall has not been very busy on Fridays since changing the schedule, noting the Deputy Town Clerk is also alone in the office. Discussion amongst the Board. Selectperson Mills made a motion to change the hours back to the original hours of Monday through Thursday; Selectperson Greer seconded. Discussion – none. All in Favor: Mills-AYE, Greer-AYE, Marquis-AYE. The Board all agreed that the schedule change would start May 1st.

Fire Chief Duncan asked the Board if they were going to decide on a set day, as to when they would be holding their meetings, noting that he has fire trainings scheduled on Mondays. The Board discussed and agreed that they would meet on Tuesdays.

The Board discussed a date for the next meeting. Chairperson Marquis announced that the next Select Board meeting is going to be on Tuesday, May 2nd, 2023 at 5:00 p.m. in the Community Room.

At 6:01 p.m., Selectperson Mills made a motion to go into non-public session per RSA 91-A:3 II. The motion was seconded by Selectperson Greer and polled; All in Favor: Mills-AYE, Greer-AYE, Marquis-AYE.

At 7:33 p.m., Selectperson Mills made a motion to return to public session and seal the minutes. The motion was seconded by Selectperson Greer and polled; All in Favor: Mills-AYE, Greer-AYE, Marquis-AYE. The motion passed unanimously.

Selectperson Mills made a motion to adjourn the meeting. Selectperson Greer seconded. All in Favor: Mills-AYE, Greer-AYE, Marquis-AYE; and the motion passed unanimously. Chairperson Marquis declared the meeting ended at 7:34 p.m.


104 Route 3 North-Memos, Letter and Picture