Bethlehem Board of Selectmen
Meeting Minutes
June 10, 2019
Present: Chairman Boisseau, Selectman Moore, Selectman Caplain, Selectman Moritz, Selectman Jensen.
Chairman Boisseau opened the meeting at 6:00 pm.
Jeff McIver and Tripp Legendre from Consolidated Communications came to talk with the Board about options for increasing internet speeds. They talked about what they did in Chesterfield NH but said there are other options as well including increasing speeds for certain target areas. They explained there are 1852 qualified addresses in Bethlehem with 7 units feeding into town. They also explained there is not any fiber directly to homes in Bethlehem, but they bring it in closer to areas to help with speed. Mr. McIver said you can call to see if you can get faster speed at your address. They told the Board they can provide all qualified data for town by address. They explained the Board could do an RFI – request for information and use the data as a tool to determine what the town wants and needs. After that, they could do an RFP and look at addressing non-qualified homes. Dann said every company should make a profit and said they are looking at the town and not the people. He said they will need tax dollars behind this, and he doesn’t want to pay for someone else to have it. Mr. McIver said the hope is to find a resolution that will work for everyone. Chairman Boisseau asked what the next steps are and was told a Non-Disclosure Agreement would need to be signed by the Board and then the RFI.
The Board reviewed a request for Rek-lis for a liquor license approval to extend their space for an event on July 4th. Marlaina explained they will be having a block party for Bethlehem and will use the lot next door extending their beer garden. She explained they will have 3 bands and will not charge anyone for entry, just for food and beer. She said any extra cash will be donated to non-profits. Ian Dowling said he wants to bring people to town and said the first year for Rek-lis went very well so wants to say thank you to the community. Selectman Jensen asked them to put the parking map on their website. They said they would and would also put it on a sandwich board out front.
Rita Farrell said she is concerned about parking in front of Rek-lis because of safety reasons. She said she keeps bringing it up and wants someone that makes policy for state to come up.
Chairman Boisseau said they are moving the ball forward with problem solving on the 24th with Department of Transportation coming.
Selectman Moritz moved to approve the liquor license for Rek-lis. Selectman Caplain seconded. Carried 5-0.
Jon Swan from Dalton came before the Board to discuss the proposed landfill in Dalton. He explained it will have a regional impact on economic development and tourism. He said it abuts Forest Lake State Park. He told the Board the access to the landfill will be through Bethlehem and said Bethlehem has input because it is a change of use to Mr. Ingerson’s property. Mr. Swan said it goes against our zoning because the access road is in District 3 and only District 5 is allowed for landfill and he said it would also be considered an expansion. He invited everyone to the Forest Lake State Park on the 18th and said NH representatives will be there.
Mrs. Farrell spoke about the solid waste public benefit RSA and advised to look closely at it. She said all the surrounding towns send their garbage to Casella.
Chris McGrath said Twin Mtn. sends their trash to Carberry. He said the Dalton piece of property is a large piece of property.
Chairman Boisseau said the Board received legal advice for the manufactured home issue. Selectman Moritz said when she spoke with the attorney, she asked him if it was ok to release the advice and he said it was fine. She told the attorney a family purchased a lot of land outside of zoning area for manufactured homes and the Board planned to have a public hearing and told him that the Board wasn’t necessarily opposed to it because there are other manufactured homes in that area. The attorney said there is no reason they can’t, and the law is interpretive. She said she posed a question and got a specific answer. She said we have an ineffective ordinance that hasn’t been adhered to and need to have ordinance on warrant in March.
Selectman Jensen said he asked attorney Steve Buckley at NHMA who is the boss of the attorney Selectman Moritz spoke with, and he said the homes can be restricted to certain areas.
Selectman Moritz said the attorney she spoke with knew we have an ordinance, but she let the attorney know of past Boards and Building Inspector not adhering to ordinance. She asked is attorney Buckley would answer the same way if he knew about precedent.
Chairman Boisseau said it is a tricky situation because of the confusion with manufactured, modular, and pre-fab homes. He asked what legally a manufactured home is. He also said for the past 10 years it was neglected to be enforced. He said moving forward they need to be clearer. Selectman Moore said they should revisit ordinance and clarify it. Chairman Boisseau asked if it is RSA level or Zoning and asked what does manufactured home mean legally and thinks of mobile homes as different.
Selectman Moritz said the Board received advice before (years ago) that said until we change ordinance it is unenforceable and said it needs to be put to the voters and needs to be addressed in March.
Mr. McGrath said this isn’t the first time it has been an issue and suggested a joint meeting with the Planning Board.
Selectman Jensen will discuss it with the Planning Board at their meeting on Wednesday.
Selectman Moritz said Baker Brook cabins and Arlington Hotel are pre-built.
Mrs. Farrell said a modular is any home that is factory built to a local state code and don’t have red certification label.
Chairman Boisseau said they will refer to Planning Board for ordinance change.
Peter Roy asked if the family is authorized to put home on land and was told yes.
The Board discussed the Visitor Center quotes. They said after the first bid Selectman Moore called Fall Line and they are too busy, and Dave Cryans and he is also too busy. There was one bid received this time from Glen Bostick from St. Johnsbury Vt for $5,800.00.
Selectman Moritz moved to accept quote from Glen Bostick contingent on verification of references. Chairman Boisseau seconded. Carried 5-0.
Mrs. Farrell said there is a house going up on Jefferson Street that abuts her lot. She said she asked the Building Inspector to check if setbacks are correct. He originally said he would but then said he would check with the Board. She said she wants to know if it adheres to setbacks and if it adheres to the original plans. She said the laws are to protect the community.
Mrs. Farrell was told a resident should send a letter to the Board not contact employees directly if they have a concern.
Selectman Jensen said individual Board members can’t tell an employee what to do so has to be the Board. Selectman Caplain will contact Dave Wiley.
Mr. McGrath asked the status of the country club and said the restaurant sign was not up, but a KW sign was up. He asked if the restaurant was open.
Selectman Caplain said they are in discussions with people. He said the restaurant should be open at some point. He also said the KW sign will come down.
Mrs. Farrell said she read in the minutes about someone that asked if they got 25 signatures on petition to have a lynching. She told the Board when someone asks something like that, they should check into it and the law about it. She was told they cannot censor people and cannot control what people say.
The Board reviewed the minutes from 05/20/19 & 06/03/19. Selectman Moore moved to approve the minutes. Selectman Moritz seconded. Carried 4-0 (Selectman Jensen abstained).
The Board reviewed two exemptions the assessor asked the Board to review. The first one is for WREN for the building that is for sale. The building is being used while it is up for sale. The Board agreed to keep that exempt until it is sold.
The second one is for Balance that has new owners. There was discussion about the facility still be used for classes etc. and the nonprofit is not listed as charitable organization with DOJ NH. The Board agreed to have attorney review this one.
At 8:13 Chairman Boisseau moved to go into non-public session per RSA 91A:3 II for matters of reputation and personnel. Selectman Moritz seconded. Chairman Boisseau did roll call with all members agreeing to go into non-public session.
Dann objected to the non-public session.
The Board discussed complaints. Will send letter.
The Board discussed tax issues.
At 8:47 Chairman Boisseau moved to adjourn. Selectman Moore seconded. Carried 5-0.
