Warner Board of Selectmen

Meeting Minutes

Tuesday, February 3, 2009  

Chairman Cook opened the meeting at 5:30 p.m.

In Attendance:             Selectman Richard A. Cook – Chairman

Selectman David E. Hartman

Selectman David Karrick, Jr.

                        Laura Buono – Town Administrator

Absent:             None                  

Others present: 

Martha Mical                  Ed Mical            Wayne Eigabroadt             John Healy            Marianne Howlett

Intertown Record 

Selectman Hartman moved to enter into Nonpublic Session at 5:03 p.m. per RSA 91A:3 II (c), reputation. The motion was seconded by Selectman Karrick.  A roll call vote was taken. Chairman Cook – yes; Selectman Hartman – yes; Selectman Karrick – yes.  Motion passed unanimously.   

In attendance: Chairman Cook, Selectman Hartman, Selectman Karrick, Laura Buono and Martha Mical 

1. Non Public Session

Martha Mical discussed various exemptions for residents & their specific qualifications in conjunction with current situations.  

Selectman Hartman moved to come out of Nonpublic Session at 5:58 p.m.  The motion was seconded by Selectman Karrick. A roll call vote was taken. Chairman Cook – yes; Selectman Hartman – yes; Selectman Karrick – yes.  A vote was taken.  Motion passed unanimously.   

2. Emergency Management

Ed Mical, Emergency Management Director reported to the Board that he attended a meeting on January 15th regarding the December 2008 ice storm.  Warner has been registered for that disaster event.  A FEMA representative spoke to Mr. Mical about meeting with him and the Director of Public Works to start the initial briefing.  A requested extension is allowed for debris clean-up.  Mr. Mical also reported under the 404 and 406 Hazard Mitigation program monies are also available with 75/25 match.  Also, there are possibilities for generators; Mr. Mical recommended letters of intent for the Town Hall and the Fire Station.   

Mr. Mical would like to begin training Town Hall staff in regards to FEMA paperwork. 

3. Warrant Articles

Article 9

Shall the Town raise and appropriate the sum of $ 2,896,898.00 (Two Million Eight Hundred Ninety Six Thousand Eight Hundred Ninety Eight Dollars) as a 2009 Operating Budget?  This amount does not include amounts from any other warrant articles.  Selectman Hartman moved to recommend Article 9.  Selectman Karrick seconded the motion; all were in favor, the motion passed. 

Article 10

Shall the Town establish a Capital Reserve Fund for the purpose of Police Department Vehicles and to raise and appropriate the sum of $20,000.00 (Twenty Thousand Dollars) for that purpose and to appoint the Board of Selectmen as agents to expend? Selectman Karrick moved to recommend Article 10.  Selectman Hartman seconded the motion; all were in favor, the motion passed. 

Article 11

Shall the Town raise and appropriate the sum of $30,000.00 (Thirty Thousand Dollars) to be added to the Conservation Fund in accordance with RSA 36-A:5, III as an additional source of revenue for the purpose of conserving open land in Warner?  Selectman Hartman moved to recommend Article 11.  Selectman Karrick seconded the motion; all were in favor, the motion passed. 

Article 12

Shall the Town raise and appropriate the sum of $200,000.00 (Two Hundred Thousand Dollars) to be added to the already established Highway Road Construction Capital Reserve Fund?   Selectman Karrick moved to recommend Article 12.  Selectman Hartman seconded the motion; all were in favor, the motion passed. 

Article 13

Shall the Town raise and appropriate the sum of $110,000.00 (One Hundred and Ten Thousand Dollars) to be added to the already established Highway Equipment Capital Reserve Fund? Selectman Hartman moved to recommend Article 13.  Selectman Karrick seconded the motion; all were in favor, the motion passed. 

Article 14

Shall the Town raise and appropriate the sum of $50,000.00 (Fifty Thousand Dollars) to be added to the already established Property Revaluation Capital Reserve Fund? Selectman Karrick moved to recommend Article 14.  Selectman Hartman seconded the motion; all were in favor, the motion passed. 

Article 15

Shall the Town establish a capital reserve fund for the purpose of Exit 9 Improvements and to raise and appropriate the amount of $5,000.00 (Five Thousand Dollars) for that purpose and to appoint the Board of Selectmen as agents to expend?  Selectman Hartman moved to recommend Article 15.  Selectman Karrick seconded the motion; all were in favor, the motion passed. 

Article 16

Shall the Town raise and appropriate the sum of $65,000.00 (Sixty Five Thousand Dollars) to be added to the already established Transfer Station Acquisition and Improvements Capital Reserve Fund?  Selectman Karrick moved to recommend Article 16.  Selectman Hartman seconded the motion; all were in favor, the motion passed. 

Article 17

Shall the Town raise and appropriate the sum of $50,000.00 (Fifty Thousand Dollars) to be added to the already established Bridge Replacement & Maintenance Capital Reserve Fund?  Selectman Hartman moved to recommend Article 17.  Selectman Karrick seconded the motion; all were in favor, the motion passed. 

Article 18

Shall the Town close the Wage Expendable Trust Fund as was opened per Article 10 of the March 11, 2004 Town Meeting and to deposit any balance remaining into the General Fund? Selectman Hartman moved to recommend Article 18.  Selectman Karrick seconded the motion; all were in favor, the motion passed. 

Article 19

Shall the Town close the Police Facility Capital Reserve Fund as was opened per Article 8 of the March 12, 1997 Town Meeting and to deposit any balance remaining into the General Fund? Selectman Karrick moved to recommend Article 19.  Selectman Hartman seconded the motion; all were in favor, the motion passed. 

4. Petition Articles

Ms. Buono reported that the Selectmen’s office received 3 petition articles on February 3, 2009.  One petition article does not have enough registered voters.  The second petition article, to elect a Recycling Agent has two different versions and neither one had enough registered voters.  John Healy who is the author of all the petitions was contacted and notified of the differences.  On the Recycling Agent petition it says “salary shall be that as voted on at a Special Town Meeting in 2009”, the other has similar wording except “salary shall be that as voted on at the Town Meeting in 2007”.  The other difference is a sentence saying “a special election shall be held within 60 days of the passage of this article” the other petition says similar wording but states “90 days of the passage of this article”.  Mr. Healy sent an email to the Selectmen’s office prior to the Selectmen’s meeting asking the office to change the 60 days to 90 days.  Ms. Buono does not believe legally that change can be made but she will check with counsel, but there is also the second area of changes over and above the 60 & 90 days.  Mr. Healy said both Recycling Agent petition differences are typos and he assumes they can be easily corrected.  Chairman Cook said technically the petitions are different from each other; the Selectmen’s office will obtain opinion from legal counsel.  Another petition submitted for an ethics committee also had two versions but one had the required amount of registered voters.  And the third petition; to see if the Town will vote affirming Art.32 of the State Constitution did not have enough registered voters either and does not qualify to be placed on the warrant. 

5. Town Administrator’s Report

Building Permits – We continue to run into situations where residents are beginning projects which require building permits, prior to obtaining a permit.  Since we currently do not have any penalties for this built into the building permit process, would the Board like to consider adding something to the effect that if work is begun without a building permit, all fees will be doubled?  We’re dealing with someone currently who has done this at least one other time and perhaps having to pay a higher amount would deter from this type of behavior.   

Chairman Cook asked if the State Building Code has any provision in it for fines for working without a permit.  Ms. Buono believes it is the same violation as zoning which entails legal costs. 

Mr. Eigabroadt commented it would be the same as a zoning violation.  If the Selectmen developed an ordinance, he believes there is a limit to the fine.  Ms. Buono clarified that she is not recommending a fine; she is recommending doubling the building permit fees for those who fall in violation of beginning work without a building permit.  

The Selectmen will consider the recommendation at a later date.   

Employee Training – An employee training event has been scheduled for Monday, February 23rd from 9:30 am – 11:30 am entitled Preventing Workplace Violence.  This training will center on safety in the workplace and will be administered by the Local Government Center. 

Corcoran Environmental – An invitation to attend the Manchester single stream facility has been received from Corcoran Environmental.  The facility is located on 300 Gay Street, off of Brown Avenue in Manchester and the monthly open house is scheduled for Wednesday, February 18th from 3:00 pm – 6:00 pm.  

Audio Files – As was previously reported, the Webmaster has had trouble with the audio files when loading them on the website.  Two times, the website was corrupted and the Webmaster traced it back to the audio files.  At this time, residents are instructed that they may obtain a copy in the Selectmen’s Office.  The Webmaster is concerned about the possibility of having the website affected again.   

Selectman Hartman asked how many time the audios have been accessed.  So far, the count is under 10, especially since the files are no longer placed on the website. 

Merrimack County  -  In the near future JD Colcord will be scheduled to meet with the Selectmen regarding the new Merrimack Country prisoner program. 

6. Meeting Minutes

Selectman Hartman moved to approve the January 20, 2009 meeting minutes.  Selectman Karrick seconded the motion; all were in favor, the motion passed. 

7. Abatement

A request is before the Selectman asking them to abate inventory penalties for 2006, 2007 & 2008 from the Madonna Nunn estate.  During this time period the property owner was extremely ill.  Selectman Karrick asked if abating the fines sets precedent.  Chairman Cook said each request to abate has been dealt with on a case by case basis.  Selectman Karrick moved to abate $113.03 for inventory penalties dated 2006, 2007 & 2008 due to Madonna Nunn’s medical condition during that time frame.  Selectman Hartman seconded the motion; all were in favor, the motion passed. 

8. Manifest

Selectman Hartman moved to authorize the Selectmen to sign manifests and order the Treasurer to sign payroll check numbers 1547-1573 (includes 10 direct deposit stubs) in the amount of $32,990.99 and accounts payable check numbers 42633-42726 in the amount of $425,857.21.  Selectman Karrick seconded the motion; all were in favor, the motion passed.  Accounts payable checks include to Kearsarge Regional School District in the amount of $265,756.11. 

9. Selectmen’s Other Business

Davis Property - Selectman Hartman reported that he spoke with the Director of Public Works regarding the Davis property on Retreat Road.  Selectman Hartman, the Director of Public Works, Clark Davis and son met in early fall of last year.  Mr. Davis is away for the season and further discussion will take place in the spring (property frontage has changed because of Retreat Road). 

Building Permit – Selectman Hartman asked if a building permit has been submitted by Norm Carlson yet.  Ms. Buono said no, Mr. Carlson has yet to finalize the process.  This is another situation that will need to be addressed by legal counsel if Mr. Carlson does not finalize the process. 

Sheet Rock – A vendor from Maine met at the Transfer Station regarding the disposing of the sheet rock.  The vendor inspected the pile and determined that he could take the sheet rock under Maine’s laws and regulations and recycle it.  A proposal will be worked up with Northeast Resource Recovery Association for consideration.   

Concord Regional Solid Waste Co-op – Selectman Hartman and Transfer Station Foreman Varick Proper attended a Co-op Board meeting on January 22, 2009.  There is still momentum to build a recycling facility on the property that the Co-op purchased in Penacook.  The Co-op is in the process of obtaining non-member town commitments.  The Co-op voted to amend the original organization by-laws in order to allow the construction to take place if the Co-op votes to build a single stream facility. 

Chairman Cook asked if the demise of the recycle market affected their thinking.  Selectman Hartman said yes, but it has not decreased the validity of doing the single stream project.   

Safe Routes – The surveys that were sent out from Simonds School have returned.  The surveys asked questions such as how you get to and from school. The information has been compiled, and one of the main reasons cited for not walking or riding bikes to school is the lack of sidewalks.  

NHMA - Selectman Hartman and Laura Buono attended the New Hampshire Municipal Association meeting on February 6 in Concord.  Discussion revolved around alternatives in dealing with short falls in funding and potential revenue sources.  A vote was taken to support a bill that will increase the State gasoline tax by 5¢ a year for the next three years which will directly affect distributors.  Other areas that revenues could be increased will be discussed in March.  

Planning Board – Selectman Hartman moved to appoint Henry Duhamel as an alternate member to the Transportation Advisory Committee.  Selectman Karrick seconded the motion; all were in favor, the motion passed. 

10. Motion to adjourn:

Motion was made and seconded to adjourn at 7:07 p.m.

 

Board of Selectmen    

Richard A. Cook – Chairman
David E. Hartman
David Karrick, Jr.  

 

Respectfully submitted,

Mary Whalen

Recording Secretary