Warner Board of Selectmen

Meeting Minutes

May 22, 2007

 

Meeting opened at 6:04 p.m.

In Attendance: Selectman David E. Hartman – Chairman, Selectman Richard A. Cook, Selectman Wayne Eigabroadt

Absent: No Members Absent

Recorder of the minutes is Mary Whalen

Others Present:

Laura Buono – Town Administrator, Tom Greenlaw, Anthony Mento, Ken Klinedinst,

Royal Latuch, George Pellettieri, Allan N. Brown, Brad Kelley,

Ginger Marsh, Bob Shoemaker, Ed Ordway, Martha Thoits,

Judith Rogers, Christopher Closs, Martha Mical, Robert Firth,

Pam McDonald, Jere Henley, Tom Dunne, Rebecca Courser,

Mark & Erin Ruff, Marianne Howlett, Paul Fouliard, Pete Newman,

Robert Brook, Mary Whalen, Bob Firth, Judith Rogers

1. ODD FELLOWS BUILDING COMMITTEE - DRAINAGE

Mr. Closs opened the discussion by saying the subject this evening is larger than just the drainage for the Odd Fellows Building. It’s about drainage for the buildings that surround the school’s parking lot, the school itself, the intersection at Kearsarge and Main Street, Sugar River Savings Bank and a number of properties along Main Street. Mr. Closs introduced Robert Brook a professional engineer. Mr. Brook has been retained to look at the issues associated with the drainage. To summarize, if a new parking lot is built it adds more impervious surface area to the area above the Odd Fellows Building creating more surface run-off which would be problematic based on the size of the existing piping. With the current drainage the OFBC does not feel they can move forward with a parking solution either for the Odd Fellows Building or for any future development that occurs up Kearsarge Mt. Road or behind the school. One purpose for this evening’s meeting is to examine whether the Town would have an interest in moving forward with the NH Department of Transportation District V to see what could be done to increase the drainage capability under Main Street. Mr. Brook prepared a drainage scenario that included 100 additional parking spaces. Based on information provided by DOT along with the Town of Warner’s Director of Public Works there is currently a 15" pipe running along East Main Street, there is a divide, but Mr. Brook is not positive of its location. There are alternatives to the impervious area; a series of catch basins to collect the run-off piping into the existing pipes. Another scenario is a series of pipes under ground that would collect the water and release it slowly so that the rate of run-off getting into the current system does not exceed the current rate. Mr. Brook did observe a good flow coming from the embankment after a substantial storm in April that was headed to a catch basin west of Colby Realty. Allan N. Brown explained how the whole system currently works. The entire Town’s drains located in the discussed vicinity empty into the State system. The parking lot at Foothills empties down toward the library. Allan explained to Mr. Closs that the current system cannot handle additional drainage. The current system on Main Street was installed during the late 1980’s early 1990’s, the material used was steel culverts, and Allan believes the system is ready to fail because of the steel culverts deteriorating. Mr. Brook briefly explained piping eastward toward Children’s Brook; Allan feels there would be a lot of blasting involved with this scenario. Selectman Eigabroadt asked what the feasibility is for a detention pond. Mr. Brook said that would be an option to look at. The problem with a detention pond is the topography, there is no suitable place to put the pond, another option is an underground pond, this could be expensive because an outlet is needed. Mr. Closs asked if going under the school parking lot considered feasible or infeasible. Mr. Brook considers feasible with an outlet and upgrading one or more of the systems that run out to the State system that will show there is no increase to the flow. This would need to be a joint project with the State. George Pellettieri explained that when the parking area was designed, the known drainage was considered with areas where there are not likely to be any utilities, relatively speaking it is a responsible cost; the large cost element is crossing Main Street. Mr. Pellettieri feels that if the system is designed appropriately the State may assist, with the thought at some point when the State needs to upgrade at least a couple sections of Main Street that could be tied into. Mr. Brown agreed that Mr. Pellettieri’s proposal is the most cost effective. It was also thought that the advantage to this thinking is that the additional parking was a long term solution for all the village businesses so it would be for everyone’s best interest to allow a drainage easement on their properties. Rebecca Courser confirmed that the solution presented by Mr. Pellettieri bypasses the State system. Allan explained that it by-passes the State system along with alleviating some of the burden. Martha Mical asked what the cost would be; Allan said the cost is still unknown. Mr. Pellettieri explained that his proposal is the least expensive of the options, probably several hundred thousand, utilizing Town equipment would lessen the cost. Selectman Eigabroadt asked if this type of project qualifies for a Tax Incremental Funded District. Mr. Closs said yes, this type of project would be the prime objective of a TIF District, those within the district would share the cost and the benefit over time. Selectman Cook asked how this affects the timing of the Odd Fellows Block. Mr. Closs explained that this project is beyond the scope of the Odd Fellows Block as being associated with redeveloping the building. Creating a TIF would add a year to the timetable. Selectman Cook asked Allan Brown what the status is for the drainage heading east. Allan explained the drainage is minimum, also a 15" system. Selectman Eigabroadt asked if anyone looked at the Town property that is located west of the school as a retention pond. Allan said that there is a natural pond at that location and advises against draining into it. Selectman Cook asked if Mr. Pellettieri’s idea requires a new outlet at the river. Mr. Pellettieri assumes so. Selectman Cook asked if there is any discussion about moving forward with the bus loop at Simonds School. Ed Ordway (Simonds School) explained there are water drainage problems behind the school and into the playing field. This project could help solve the schools drainage problems. Mr. Pellettieri mentioned the possibility of considering some sort of permeable pavement for some portion of the parking area which would also help out. George emphasized that the real advantage to this project is two fold, one is that it is going across essentially virgin land in large stretches that are utility free and the second it would be resolving the drainage problems for the entire core of the village. Allan Brown asked if the Town could apply for ISTEA funding. Mr. Closs said it would be worth applying for. Anthony Mento asked the Board of Selectmen to seriously consider a solution; without solving the drainage issue, parking cannot be achieved and the Odd Fellows Building cannot be restored. Chairman Hartman asked Allan Brown if the catch basin at the Town Hall could be tied into the new system. Allan explained the main problem with the Town Hall and Kearsarge Insurance is being at the lowest point. The catch basin at the Town Hall could be grabbed and sent down the new system. A work session is recommended with the Board of Selectmen, Allan N. Brown, a representative for Simonds School, and the State to develop a process. A separate meeting will be arranged with the school Superintendent.

2. PLANNING/ZONING SECRETARIAL POSITION

Martha Thoits and Martha Mical requested a work session with the Board of Selectmen, along with the Planning Board Chairman, Vice-Chair and the Town Administrator. The purpose is for all to obtain a full understanding of the Planning/Zoning job description. A work session is scheduled for June 5, 2007 beginning at 8:00 a.m.

3. TOM DUNNE – FARM STAND ON VACANT LOT

Mr. Dunne would like to apply for a seasonal farm stand. The Zoning Board has denied a year round farm stand back in March; it was determined to be a commercial operation located in a R2 zoning because the produce will not be grown on the property. Chairman Hartman clarified that the produce is raised somewhere other than the property where Mr. Dunne would like to have the seasonal farm stand. Chairman Hartman believes that this request needs to go before the Zoning Board again. Laura clarified with Mr. Dunne that when he came into the Selectmen’s office he said that he wants to sell from a trailer that would not stay on the property for a couple days a week selling fruit, vegetables and bread. Mr. Dunne clarified that he wants to bring a truck to the property and sell fruit, vegetables, eggs and bread. Mr. Dunne does not own the property; it is currently in probate. Before he can continue the purchasing process Mr. Dunne needs approval from the Town. Selectman Cook asked how long Mr. Dunne would be selling. Mr. Dunne explained he would like to sell three months in the summer, and then pumpkins and Christmas trees. The Selectmen asked Mr. Dunne to put his request in writing for the Selectmen to consider. The Selectmen feel the question that needs to be answered is "a truck considered a stand". Mr. Dunne said he spoke with Steve Taylor at the State who said a truck is mobile and is not considered a stand. Selectman Eigabroadt explained his opinion; it was a zoning issue, the Zoning Board ruled on it leaving Mr. Dunne with options those being coming to the Selectmen, appeal the Zoning Board or submit a new application. Selectman Cook will obtain clarification on whether a mobile unit is considered a farm stand or not. Selectman Cook’s concern is that the Zoning Board denied the original request to sell from a farm stand in a residential zone, so to sell from a vehicle; a limit would be needed, especially in a residential district. A peddlers and hawkers license is exempt in this situation because of being a farmer. Selectman Cook clarified that Mr. Dunne would only do this if he owned the property.

4. BUILDING PERMITS

Mary Whalen met with the Selectmen to discuss the implementation of interior building permits pursuant to RSA 155-A. Mary presented a revised building permit application indicating the fees for interior construction. Martha Mical commented that there will be positive public response if the fees are reasonable. The Selectmen recommend proceeding status quo until full clarification of RSA 155-A regarding interior permitting is obtained. Further discussion will take place at the next Selectmen’s meeting. Martha Mical asked the Board to consider continuing or not continuing Taxable Inventory Forms if they choose to implement interior building permits.

5. TRANSFER STATION EMPLOYMENT OPPORTUNITY

Paul Fouliard and Pete Newman met with the Selectmen regarding the need for a part-time position in the amount of 20 hours per week. This position will be funded from the existing budget. Selectman Cook made the motion to create and fill a permanent part-time position for 20 hours per week with the understanding that it will require no additional funds other than what is existing in the budget. Selectman Eigabroadt seconded the motion. Selectman Eigabroadt recommend amending the motion to read "create and recommend the person for hire". Selectman Cook seconded the amendment. All were in favor of the motion. The motion passed.

6. BOB FIRTH - MAP 9 LOT 35

Mr. Firth requested an extension to continue occupying the mobile home on site in order to complete the construction of his home that is nearly complete. The Selectmen initially gave a May 31, 2007 deadline. Installation of a septic will begin within two weeks and the dwelling is at the drywall stage. Selectman Eigabroadt recommends a 90 day extension. Selectman Eigabroadt made a motion to grant an extension up to August 31, 2007. Selectman Cook seconded the motion. All were in favor. The motion passed.

7. TAX COLLECTOR – MARIANNE HOWLETT

Marianne met with the Selectmen regarding 2004 liens. Marianne asked direction regarding a property owner that owes $136.17 for 2004, has not paid the 2005 lien, in April the property owner paid the majority of 2006 and went to lien for 2006 in the amount of $554. If the Selectmen take the deed the Town would be required by law to refund the property owner over $6,000. Marianne has tried to contact the property owner with no results. Martha Mical recommended that the Board of Selectmen send a letter to the property owner explaining that the deed has been issued to the Board of Selectmen giving the property owner a deadline to pay the 2004 balance before recording is completed. There is also a similar situation for a camp located at the Lativan Camp. The Board of Selectmen asked Marianne to send a letter to both properties as suggested by Martha Mical giving a deadline (the same as granted for an extension) to record the deed.

8. CONSERVATION COMMISSION ALTERNATE & LIBRARY TRUSTEE ALTERNATE

A recommendation was presented to the Selectmen for an alternate member for the Conservation Commission. An appointment will be arranged for the next Selectmen’s meeting.

Selectman Cook made a motion to appoint Elizabeth Young as an alternate Pillsbury Library Trustee until 2008. Selectman Eigabroadt made the motion. All were in favor. The motion passed.

9. ABATEMENTS

Selectman Eigabroadt made the motion to grant abatement for Map 32 Lot 24. Selectman Cook seconded the motion. The motion passed.

Selectman Cook made the motion to approve the recommended abatement for Map 28 Lot 20, Map 28 Lot 25, Map 37 Lot 17, Map 10 Lot 69, and Map 3 Lot 86. Selectman Eigabroadt seconded the motion. All were in favor. The motion passed.

The Selectman also signed a Timber Levy along with a Heavy Hauling Permit for Bog Road.

10. SIGN PERMIT – CHERYL BLAIS

Selectman Cook made the motion to approve a "Sign Permit" for Map 30 Lot 34 contingent upon appropriate verbiage. Selectman Eigabroadt seconded the motion. All were in favor. The motion passed.

11. ADMINISTRATOR’S REPORT

Discretionary Preservation Easement – Rona Bock was sent the grading for the easement. Ms. Bock had a question regarding the way the age of the structure was graded. An email from Ms. Bock was sent stating that the age of her building is over 175 years old based on the evidence from the historical review. Ms. Bock said the barn was built between 1825 and 1830. Ms. Bock feels the barn should be graded as over 175 years old; the Selectmen graded the barn as 75-100 years old. If this adjustment is made, the percentage would increase from 50% to 54%. The Selectmen decided to keep the percentage at 50%.

Transfer Station Flagpole – A letter was received from Paul Violette, Commander of American Legion Post 39 with regard to the flagpole at the Transfer Station which they installed a number of years ago. Since the pole was removed over a year ago, the American Legion would like to replace it by requesting $1,000 from the Warner Fall Foliage Festival. The Selectmen unanimously approved the request offer.

Henniker Transfer Station Fees – Laura has been contacted by Peter Flynn Town Administrator of Henniker with regard to expenses related to the Henniker Transfer Station for four Warner residents. There was an agreement that Warner would pay the Town of Henniker $512.00 per year for these residents; however, once their property transfers ownership, the fee would no longer be paid. This fee has never been paid to the Town of Henniker because they did not bill Warner. A bill has been received for 2007. Selectman Cook asked if this is provided for other residents. Judith Rogers said there are people who use the transfer station from out of town that are not being billed nor have they come to the Town Clerk to pay the annual fee; there is no process.

Highway Department – Allan Brown reported that he has secured 600 tons of salt at the 2006 price. With regard to the supply of crushed gravel in the pit, we currently have only 100 yards remaining and Allan has hired Ivar Martin to crush more at $2.50/yard.

Safety Policy – Laura had previously provided the Board with draft copies of the Safety Policy and would like to know if there are any questions or comments on what was provided thus far?

Internal Control Policy – Laura has made some changes as requested by Chairman Hartman with regard to the Internal Control Policy, copies were provided for the Board. This item will be placed on the May 29th agenda for discussion and hopefully approval by the Board.

Financial Software – Cheryl Eastman and Laura have met with three financial software companies with regard to their products and have chosen a package that we would like to recommend for purchase. The package is from MuniSmart and although it wasn’t the deciding factor, it is the least expensive of the three packages. The Board should also be aware that we received an unsolicited quote from BMSI once they found out that unfavorable past experiences with their software was the reason they were not invited to participate in the process. Laura will place the software information next to the read files for the Board to review and will place this item on the May 29th agenda. Selectman Eigabroadt cautioned when looking at software packages the ability to work together with other departments. Judith Rogers added that if the Town is looking to network sometime in the future shouldn’t the current software packages used by the Town Clerk and the Tax Collector be considered. Judith also spoke in favor of the Interware software that she uses. Laura explained that both she and Cheryl found the Interware presentation very difficult, networking the Town offices is far into the future.

Audit – Vachon, Clukay & Co., PC has made the necessary changes to the agreement for services that the Board requested and copies were given to each. Once the agreement is signed an audit can be scheduled.

PARC Mower – Parks & Recreation have consulted with Allan Brown with regard to the mower purchase and would like to recommend we purchase "The Tank" from Cub Cadet for the price of $6,335.00. The specs are attached to this report. Selectman Cook made a motion to approve the purchase of "The Tank" Cub Cadet commercial mower for $6,335.00. Selectman Eigabroadt seconded the motion. All were in favor. The motion passed.

12. MEETING MINUTES

Selectman Cook made the motion to approve May 1 meeting minutes and May 10 site-visit minutes. Chairman Hartman seconded the motion. Selectman Eigabroadt feels that the May 1 meeting minutes require substantial changes. Selectman Eigabroadt will work with the secretary on those changes. Selectman Cook amended the motion to approve the revised May 10 site-visit meeting minutes. Chairman Hartman seconded the motion. Selectman Eigabroadt abstains. The motion passed.

13. GENERAL BUSINESS

Selectman Cook received a call from Steve Paquin concerned about the logging operation on Dummer Road. Mr. Paquin found through researching the Town of Sutton’s 1988 meeting minutes a time when the Town of Sutton revoked current use status of a lot because the management of the lot was poor. Martha Mical clarified that only stewardship can be revoked. Also the lot referenced does not have a stewardship. Selectman Cook asked who determines if a stewardship can be revoked. Martha Mical believes it is the Board of Selectmen with a licensed Forester backing the determination. Selectman Cook will call Mr. Paquin regarding his suggestion.

Selectman Cook in preparation to discuss Map 17 Lot 11 viewed the lot from the railroad right-of-way in concern that work had been done within the river bank. Selectman Cook will contact the State in order to determine the work that has been done along the shore.

Chairman Hartman explained that funding applications for Fall Foliage Festival are due on June 1st.

Chairman Hartman explained that compared to last year, Warner’s tonnage to the co-op is up by 20 tons and represents a 2.7% increase over 2006 to date. The co-op in total tonnage is down by 3.5%. Chairman Hartman is monitoring the "pay as you through" program in Canterbury. In the beginning in December of 2006 their tonnage was down by 31% over the previous December. January was down by 26%, February was down by 25%, March 26%, but in April the tonnage was only by 6%. The City of Concord is showing a 10% decrease from last year.

Judith Rogers added that it would be a good idea to include the correspondence from the co-op with the meeting minutes. Judith feels that when topics are referenced in a meeting and the correspondence is included with the meeting minutes, historically, it helps in years to come when the minutes are reviewed.

Motion to adjourn 9:47 p.m.

Board of Selectmen

David E. Hartman – Chairman
Wayne Eigabroadt
Richard A. Cook