Warner Board of Selectmen

Meeting Minutes

May 20, 2003

 

Chairman Mical opened the meeting at 6:00 p.m.; in attendance were Selectman Edward F. Mical – Chairman, Selectman John C. Brayshaw and Selectman Allen C. Brown along with Barbara Annis, John Wallace, Richard Cook, Derek Pershouse, George Saunders, Brian Hotz, Martha Mical and Martha Thoits.

Recorder of the minutes is Mary Whalen.

The first order of business was to meet with representatives from the Zoning Board, Planning Board, Conservation Commission and Parks & Recreation.

Conservation Commission represented by Richard Cook and Brian Hotz.

Mr. James McLaughlin along with Mr. John Dabuliewicz as an Alternate will be serving as representatives to the Central New Hampshire Regional Planning Commission Regional Resource Conservation Committee.

The future of Conservation Easements:

Currently the Conservation Commission holds Conservation Easements on several properties, and is continuing to work with interested landowners to obtain new easements. Every time the Town accepts a new easement, the Town is committing itself to monitor that easement into perpetuity.

Over the long term, the Conservation Commission is concerned that, in the future, there will be less interest in the easements that have been taken, and the legal requirement to monitor/enforce the easement may fall by the wayside. If the easements are not continually monitored, it could lead to problems for the Town.

The Conservation Commission would like to begin working with the larger conservation organizations and having them serve as co-holder or primary holder of the easements they obtain. This relieves the Town of the responsibility for monitoring, while continuing to protect the land as conservation land. The Town would co-hold a conservation easement along with another conservation organization that has a professional staff that would do the monitoring. If the Town went with a primary or secondary easement holder situation, the conservation organization would hold the primary easement along with the responsibilities, and the Town would be the back-up easement holder.

The Conservation Commission is working on a closing date for the Badger property (745 acres) in September of 2003. The Conservation Commission would like to work with the Forest Society to go to a co-holding easement situation. The Forest Society would have the monitoring responsibility. At the May 6, 2003 Conservation Commission meeting it was voted to proceed with a co-hold easement with the Forest Society. The Conservation Commission is looking for support from the Selectmen. The cost would be a one-time donation to the easement-monitoring fund per easement, with who ever they choose to work with. The donation comes from the Conservation Fund.

The landowner has say in what type of easement they want.

Selectman Brown asked if there was a down side to the Town. One would be the Town would not have exclusive control of the easement.

The benefits over time for the Town outweigh the downside. Relieving a group of volunteers from the monitoring responsibility, and also if there is any enforcement issue, the Town would be responsible for legal costs. With a co-holder there is a separate account (endowment funds) to defend the easements in the event there is a violation.

An existing easement may be modified.

Parks & Recreation represented by George Saunders.

Liability representative from the New Hampshire Municipal Association completed a walk through at the Riverwalk Project site. Chairman Mical circulated a preliminary sketch of the Riverwalk Project along with the minutes from the May 14, 2003 meeting of Parks & Recreation regarding the Riverwalk. Chairman Mical forwarded to Mr. Saunders the revised contract from Jessemen-Gallant Associates.

Mr. Saunders forwarded reimbursement for damages incurred at the Riverside Park dugout last year. Minors from an outside community were responsible for the damages. The reimbursement will be deposited in the Parks & Recreation Expendable Trust Fund.

A list of projects has been submitted to Aubuchon Hardware ($1,000.00 donation in material). The list contains painting supplies for the soccer hut at Bagley Field, structures at Simonds School, and Riverside Park.

Selectman Brayshaw asked if there was going to be a problem with the football fields being played on top of the baseball fields; movable-pitching mounds are being discussed. Selectman Brayshaw asked if any strides have been made toward the skateboard park. There is a large expense attached to the replacement of the skateboard ramps. The liability representative from New Hampshire Municipal Association recommended repairing the fence.

Chairman Mical asked Mr. Saunders if there is money in their budget to support the custodial expenses for the Town beach. Mr. Saunders explained that it is a standard budget item. It was also recommended that the sanitation facilities at Bagley Field be made handicap accessible.

Richard Cook asked if there were any bridges in mind for the Riverwalk Project and spoke of the sensitivity of the environment located on the peninsula by the Joppa Bridge. Mr. Saunders explained that there is no money available for a bridge and Parks & Recreation is aware of the sensitivity of the area on the peninsula.

Planning Board represented by Barbara Annis, Derek Pershouse and John Wallace.

Mrs. Annis explained that the Planning Board is busy. The Site-Plan Review Regulations have been completed and adopted. The Planning Board meetings are scheduled regularly once a month and have been discussing the growth of Warner and how to approach the issue. Possible impact fees have been ruled out. There is discussion on zoning changes, moratorium on building permits, and expansion of the commercial areas. The Planning Board is looking at possible changes to be presented at the March Town Meeting. The Capital Improvements Program is on going with a deadline of October for the Budget Committee, and a deadline of September for the Planning Board.

Mr. Cook asked the Planning Board if an easement has been placed on the 11 acres behind the Exit 9 sub-division, and have the Selectmen signed the easement. Martha Mical informed the Board that it has been registered at the Registry of Deeds, but stated that the owner listed was Warner LLC who is not the owner of record. The Conservation Commission has not seen a copy of the easement. Mr. Cook also asked if the Planning Board is addressing Class VI roads regarding the growth issues. Mrs. Annis stated that it was discussed and decided that it is a policy decision, therefore not within the prerogative of the Planning Board.

Richard Cook, as the Building Inspector, discussed the renovation of Aucuchon Hardware located in the end of Market Basket. A Building Permit will be required since it is a change in use.

Mr. Pershouse asked the Board to consider having a tax base analysis and projection of residential versus commercial development in order for the Planning Board to effectively address the growth of Warner. The Board asked Mr. Pershouse to gather information about the cost of the analysis.

Zoning Board represented by Martha Thoits and Martha Mical

Martha Thoits commented that the Zoning Board has seen only three cases to date. The Zoning Board is dealing with a court issue, which is straining the budget. The Zoning Board is currently working to improve the application form.

The Board reviewed a Town Hall rental request for a play that will be scheduled for May 28, 30 &31, 2003. Selectman Brayshaw made a motion to abate the rental fees for Mount Royal Academy. Chairman Mical seconded the motion. All were in favor. The motion passed.

Chairman Mical made a motion to accept the property values that were submitted by Earls, Nieder, Perkins. Selectman Brayshaw seconded the motion. All were in favor. The motion passed.

The Board discussed a residence on Route 127 occupied by Mr. George Naughton, that may not be in compliance with zoning regulations regarding the number and type of vehicles that are being parked on and around the property. A letter was sent on April 1, 2003 with no response from the property owner. The Board will send another letter certified mail, return receipt.

The Board discussed with Mr. Pershouse and Mrs. Annis (Planning Board) about a site visit that took place at the Azmy property on Route 103, along with the Webster Board of Selectmen. A number of complaints have been received in the Selectmen’s Office about the property. Chairman Mical has a copy of the revised driveway permit from the State. The approved site-plan does not show this revised driveway. The Board asked the Planning Board to drive by the site to see if there are more violations pertaining to the approved site-plan; the Board of Selectmen has a list of violations to the approved site-plan documented from their site visit. Mrs. Annis commented that there is money in the Planning Board budget to have someone, possibly the Building Inspector, inspect a property that has an approved site-plan, to make sure the site is in compliance to the approved site-plan.

Selectman Brown discussed Mr. Fouliard’s ideas about different ways of handling material at the Transfer Station which would require the use of more property. The State did notify the Board that usage of more property could be arranged. The Board has received complaints about the appearance of the Transfer Station. The ideas for the handling of material still need more conversation.

The Board received a Petition from the Town’s employees asking for an outside agency other than the Wage Study Committee to set the wage scale for the Town, and to have the Wage Study Committee disbanded. Discussion from the Board: Selectman Brayshaw is not in favor of the Wage Study Committee, but will support the Boards decision. The Towns people want this issue resolved. Selectman Brown’s concern is the financial costs of having an outside entity complete the wage scale process. Also, there are additional functions that the Wage Study Committee will be completing other than just the job descriptions and wage scale, such as the evaluation process. If the funds were extended for an outside agency the evaluation process would not be included in the cost. Selectman Brayshaw agrees with the issue of cost, but does not agree that the formed committee is qualified to make determinations in the various professional fields that the Town positions include. Does the formed committee have the expertise and qualifications to set pay scales? Chairman Mical commented about going back to the State guidelines and using the complete program. Chairman Mical commented that the Wage Study Committee is developing a pay scale and evaluation process for the Board of Selectmen to review and approve. Selectman Brown is concerned that the job descriptions that will be created not reflect the abilities of the people that are in place right now, they should reflect the requirements of the position. Selectman Brayshaw commented that the Police job descriptions are dictated by the State. Chairman Mical commented that Police Standards and Training is a training facility and it develops standards and guidelines and does not have any regulatory power. Police Standards and Training is a subsidiary of the Community College network for the State (Training Academy for Police Officers). Martha Mical commented to the Board that at one time the Town was using the State pay scale but that not all positions could be identified with the States job descriptions. Martha Mical suggested that the departments come up with the money to pay for an outside source. Judy Rogers commented that the vote at Town Meeting said to use the Wage Study Committee as a base, the Wage Study Committee is a group of people collecting the information for the Board of Selectmen. What else could an outside source offer that the Wage Study Committee couldn’t do, qualifications do not come into play. The Board decided to keep the Wage Study Committee going. The Petition will be forwarded to the Wage Study Committee, who will be given the option of continuing with their efforts, or allowing an outside source to complete the wage scale, or revert back to the State system.

Selectman Brayshaw asked the Assessing Clerk if there was specific law regarding lots of record. Why wouldn’t current pieces of property be subject to current ordinances? Mrs. Mical explained that the ordinance came into being after the lots existed. Selectman Brayshaw asked if there is a law that backs that. Mrs. Mical did not know the law to state it.

The Board discussed a letter from the Town Clerk stating that Tuesday night Town Clerk office hours will remain closed until the security system is up and running. Chairman Mical informed the Board that the system is up and running as of 5:00 p.m. tonight.

Chairman Mical made a motion to unseal the non-public minutes dated January 28, 2003. Selectman Brayshaw seconded the motion. All were in favor. The motion passed.

Chairman Mical made a motion to accept the resignation of Linda Milisci as an alternate to the Zoning Board effective May 20, 2003. Selectman Brown seconded the motion. All were in favor. The motion passed.

The Selectmen‘s Office has received a number of complaints regarding unregistered vehicles sitting on various properties. A generic letter will be sent certified, return receipt to the various properties (on file).

The James House organization wrote to the Selectmen informing them that the James House program would continue to use the preschool throughout the summer. The Board has a question concerning liability.

Chairman Mical made a motion to increase the fee for copies of assessment cards to $1.00 other than your own. Selectman Brown seconded the motion. All were in favor. The motion passed.

The Board signed the following:

A letter to Mr. Bridgewater summarizing the work that will be done.

Thank you letter to Earls, Nieder, Perkins.

3 Town Hall rentals.

4 Cemetery deeds.

4 Intents-to-cut.

Current-use.

4 purchase orders for the Highway Department, all over the $250.00 approval limits.

Thank you letter to Mr. Heselton.

Allison Mock as Deputy Warden

Approval to purchase liens

A letter regarding a current-use penalty.

Thank you letter to Aerobics.

Mileage request.

Purchase order approved for the cleaning of the lower meeting room rug.

Propane and oil bids to be mailed out.

5 Building Permits

Map 10 lot 22-1

Map 10 lot 52-1

Map 11 lot 39

Map 15 lot 47-3

Map 6 lot 36

 

Selectman Brayshaw made a motion to approve the April 29, 2003 meeting minutes. Selectman Brown seconded the motion. All were in favor. The motion passed.

Selectman Brayshaw made a motion to adjourn at 9:45 p.m., Selectman Brown seconded the motion. All were in favor. The motion passed.

 

Edward F. Mical – Chairman

John C. Brayshaw

Allen C. Brown