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Warner Board of Selectmen Meeting Minutes Tuesday, June 22, 2010 Chairman
Hartman opened the meeting at 5:30 p.m. 1.
Nonpublic Session Chairman Hartman moved to go into
nonpublic session under RSA 91A:3 II (c) reputation, at 5:37 p.m.
Motion was seconded by Selectman Karrick. A roll call vote was
taken. Chairman Hartman – yes; Selectman Karrick – yes;
Selectman Carson – yes. In
attendance: Chairman Hartman, Selectman Karrick,
Selectman Carson, Town Administrator Laura Buono, Lisa Lewis and Raymond
Waring. The
Board met with the owners of Map 10 Lot 11 to discuss a hardship
abatement request on the property and discussed several issues with
regard to the request. Chairman
Hartman moved to come out of nonpublic session at 6:03 p.m. Motion
was seconded by Selectman Karrick. A roll call vote was taken.
Chairman Hartman – yes; Selectman Karrick – yes; Selectman Carson
– yes. Chairman
Hartman opened the public session at 6:05 p.m. In Attendance:
Selectman David Hartman – Chairman, Selectman David Karrick,
Jr., Selectman Clyde Carson & Town Administrator – Laura Buono Others present: Martha Mical, Marianne
Howlett, De Segerson, Leon Huntley, Jeanne Hand, Nancy Martin 2. Revaluation & Other Business Assessing Clerk Martha Mical said during a
discussion regarding a property located on Map 18 Lot 28 during the May
25, 2010 Selectmen’s meeting it was Mrs. Langar from the Department of
Revenue Administration not her, that visited Map 18 Lot 28 and
determined the size of the property that needed to be in current-use as
well as noting there can be no stockpiling of stumps and loam.
Ms. Mical presented a letter that outlined Ms. Langar’s
findings for the owners of Map 18 Lot 28.
Chairman Hartman moved to send the letter to the property owners of Map 18 Lot 28. Selectman
Carson seconded the motion; all were in favor, the motion passed.
Ms. Mical wanted the Board to make a motion regarding the stock
piles and how they must be removed by December 31, 2010.
The Board said that information is within the letter.
Chairman Hartman read the letter into the record: As you know we voted to abate $2,107.94 from your original land use
change tax bill and the interest on that $2,107.94 in the amount of
$41.60 and that was determined by Mrs. Langar, NHDRA on the 19th
of May that you have .25 acres that must be out of current use.
She also has stated that the land the stump pile and the stock
pile of top soil is on cannot be in current use.
We are giving you until December 30, 2010 to remove those items
or that land will also be removed from current use and another penalty
incurred. Ms. Mical said if the property owner of
Map 18 Lot 28 disagrees with the abatement that was granted, she
believes that they must then go to the Board of Land & Tax Appeals
or Superior Court; she is waiting for verification on this information.
Chairman Hartman understands that the parcel in question is where
the farm stand is, he said the area looks more than .25 of an acre.
Ms. Mical explained that Ms. Langar from DRA completed exact
measurements. It was also noted that the one-year limit
for the yurt that is located on property that is owned by the property
owners of Map 18 Lot 28 is near or expired.
The Town Administrator will verify the limitations regarding the
yurt. The Assessing Clerk also presented several
intents-to-cut for the Board to sign and two Stewardship plans for
current-use. Martha Mical also explained that the State
representative from the Department of Revenue Administration was at the
Town Hall beginning a review process.
Credits and Exemptions were reviewed, found
were two Veterans credits with surviving wives that needed to be
updated, one Veterans credit that needed a PA-33 form (for a Trust), and
the Latvian Camp sent the Town Bradford’s version of their exemption
instead of Warner’s; corrections
were made. Ms. Mical said all the current use values
have been entered into her computer so the values that the Board
received last week include the changes that were from the spring.
Chairman Hartman understands that the total value of the Town
which is $305 million excludes the value of current use land.
Ms. Mical said no, it includes the current use land at its
current use value. Chairman
Hartman is interested in the value amount of the land that is in current
use that is not taxed. Selectman Karrick moved
to approve a Veterans Exemption for Map 20 Lot 006-5 & Map 30 Lot 28.
Selectman Carson seconded the motion; all were in favor, the
motion passed. Selectman Carson moved
to accept the revaluation of the Town of Warner for 2010 and to make the
final payment to Cross Country Appraisers.
Selectman Karrick seconded the motion.
Selectman Carson asked if residents have problems with their
assessment at this point what would be their recourse.
Ms. Mical said they must wait until the second tax bill is
issued, she encourages payment of the taxes and then they can fill out
an abatement request; if approved, money is approved with 6% interest;
there is 12% interest on unpaid taxes.
Abatement forms must be received by March 1, 2011; the process
takes about 9 months. Tax
Collector Marianne Howlett said because the lien process takes place at
the end of April beginning of May she strongly encourages residents who
are filing for an abatement to pay their taxes because the taxes that
are unpaid could end up in the lien process.
Chairman Hartman called for the motion; all were in favor, the
motion passed. Chairman
Hartman amended the motion to
accept the numbers as presented by Cross Country Appraisal. Selectman Carson seconded the amendment; all were in favor,
the motion passed. 3. The Fells Garden Tour – Sign Permit De Segerson and Leon Huntley,
representatives from The Fells of Newbury NH, presented a directional
and temporary Sign Permit for a garden tour that will take place in
Warner on July 17th from 9:00 am. - 3:00 p.m. Selectman Karrick moved
to grant the Sign Permit under Article XII of the Warner Zoning
Ordinance for the erection of temporary directional signs and free
standing information signs from July 3 – July 17, 2010.
Selectman Carson seconded the motion; all were in favor, the
motion passed. 4. Consent Agenda Selectman Karrick moved
to approve the Consent Agenda for June 22, 2010:
Map 6 Lot
006
Map 14 Lot 055
Map 17 Lot 25
Map 2 Lot
13 – Map 6 Lot 10 – Map 6 Lot 11
Map 20 Lot 15
Map 16 Lot 15
Map 9
Lot 14-1
Map 3 Lot 96
Hogue @ Pleasant
Lake Trailer Park
Map 14 Lot 29-1
Map 9
Lot 29
Map 3
Lot 37
Map 5
Lots 8; 8-1; 14
Map 2
Lot 7 Selectman Carson
seconded the motion; all were in favor, the motion passed. 5. Manifest Selectman Carson made a motion
to authorize the Selectmen to sign manifests and order the Treasurer to
sign Accounts Payable check numbers 44562 – 44596 in the amount of
$410,570.71, this includes $289,972.50 check to Kearsarge Regional
School District and a check in the amount of $67,844.92 to the Warner
Village Water District for collected taxes.
Selectman Karrick seconded the motion; all were in favor, the
motion passed. 6. Other Selectmen’s Business The Town Administrator informed the
Selectmen that an agreement was met with Warner Village Water District
in regards to the fire hydrant replacement; the Town is not responsible
for the third dig only the prior agreement which was to pay half of the
second dig. Chairman Hartman provided copies of the
Gore Easement for the Selectmen to review.
The agreement will be addressed at the next Selectmen’s meeting
which will be held on July 6. Selectman Carson said he attended the
local Energy Solutions Conference which was located in Concord, NH.
He said there will most likely be another round of Regi Grants in
the fall which will be focused on municipalities.
Selectman Carson recommended looking at items that can be done
without grants; one would be to meet with Public Service of NH. The
other is, there are funds set up that allow municipalities to borrow
money to complete energy projects, he said the repayment would not
exceed the amount of the savings you would have as a result of the
project. He said for
example if the Town Hall needed a new boiler that costs $10K and the
result of the new boiler would be a $1,000 saving per year over 10
years, the Town would qualify for the program because the savings equal
the repayment. He said banks are doing the same thing called
lease/purchase. Selectman
Carson also said the State Legislature is about to approve after the
details are worked out and he believes this will take place by the end
of October; the homeowner could complete energy improvements up to $35K,
the projects are excepted as long as the annual savings equals or exceed
the cost of the repayment over 20 years.
But the cost of the improvements must be made to the property.
For example solar collectors are installed amounting to $20K the
payback is 20 years there will be a $20K add on to the tax bill over 20
years ($1,000 per year). If
the house is sold, the payment procedure stays with the house.
He said this program is unique to NH and it may be a model to the
rest of the country because it meets the banks needs for approval, the
bank and the Town does not loose money. He said it is called PACE
Legislation and he will try to get more information.
He also said the money to fund the program would be sold by the
Town; bonds. Selectman Carson said he has spoken with
Maintenance Technician, Ed Mical and the Director of Public Works, Allan
Brown and asked them to look at monies in this year’s maintenance
budget to see if any of the items within the energy audit can be taken
on, such as calking windows. Selectman
Carson recommends looking at the Energy Audit in terms of items that
should be considered in the Capital Improvements Program for energy
conservation. Selectman Carson said the Fall Foliage
Festival will be talking about the possibility of closing Main St.
during the day time hours of the festival on Saturday and Sunday. Selectman
Karrick volunteered to attend the FFF Board meeting on June 24th
at 6:00 p.m. Jeanne Hand
voiced her concern about the accessibility to handi-cap parking by
closing off Main St. 7. Abatement Selectman Carson moved
to abate a portion of the 2009 taxes for Map 10 Lot 11 in the amount of
$1,414.53. Selectman
Karrick seconded the motion; all were in favor, the motion passed. 8. ATVs Selectman Carson said he hiked along
Badger Road this past weekend. He
said he ran into a resident named Andy Duncan who was unaware that the
Board was considering ATVs using Class VI roads.
Mr. Duncan expressed a few concerns.
One is that even though Mr. Duncan posts his land, ATVs will
leave the road and go onto his land and create environmental issues for
him. Selectman Carson
verified areas where ATVs have gone around barricades that Mr. Duncan
has situated on his property. Mr.
Duncan’s second concern is there is currently no enforcement and if
the Selectmen allow ATVs to use Class VI roads Mr. Duncan is concerned
traffic with ATVs will increase on these roads.
Mr. Duncan also asked if an enforcement plan is being considered
as well. Selectman Carson
said that it is a reasonable idea to notify the abutters about the
public hearing that was continued to June 28th.
The Town Administrator said notices were sent out on June 21st.
Selectman Carson said he has been
researching the RSAs related to Class VI roads being converted into
Class A trails. He feels
this should be discussed at the June 28 public hearing or at least
afterwards whether it’s in the long term interest of Warner to look at
the total picture. He said
some of the places the Board hiked to, in his opinion an ATV could not
go through sections because of wet areas.
He said the State gives the Town a lot of latitude with what you
can do with a trail system; he said the Town has limited latitude with
regards to the Class VI roads. Martha Mical asked Selectman Carson when
he was on Mr. Duncan’s land if he could tell whether the tracks were
from jeeps and trucks or ATVs. Selectman
Carson said there were jeep ruts. From
the Bear Pond overlook you could see where the ATVs go and it was
evident that the ATVs leave the trail.
Ms. Mical’s point is jeeps and trucks create more damage and
they will still be out there even it the Board says no to ATVs.
Selectman Carson also added that a trail system would need Town
approval. Chairman Hartman reported that the Board
as well as the Town Administrator walked from Cunningham Pond Road.
He does not see how a section of the road can be used since it is
covered with water, he said the only way it can be rectified is by
building a bridge. They
also went out to Cisco Cemetery, Wiggin Trace up to the point where the
road bears off into Henniker. He
said there were several situations which are going to be difficult to
designate as a trail for ATV use. 9. Concord Regional Co-op Chairman Hartman reported that there will
be a Concord Regional Co-op meeting on Thursday, June 24th.
He said the Co-op will be nearing a vote to move forward and
build a single-stream recycling facility.
He said the Co-op purchased a 20 acre site 2 years ago; the Co-op
is getting close to the minimum amount necessary to have as far as
single-stream guaranteed tonnage. Chairman
Hartman added that Warner can join in anytime in the future, but up to
this point it is felt the Town is running the Transfer Station fairly
well, there is still more income than expenses. 10. Gore Easement Conservation Commission Chairperson, Nancy
Martin asked the Board if they have any questions regarding the
Kearsarge Gore Farm Easement. Selectman
Carson asked what the final details are as far as the Town of Sutton.
Ms. Martin said she was not at the last Conservation Commission
meeting but will follow up. 11. Cease & Desist – Fisher Chairman Hartman began by saying the Board
has reviewed the files from the Zoning Board of Adjustment as well as
reviewing the Selectmen’s minutes.
Chairman Hartman asked the Board for their recommendation; either
lift the Cease & Desist order or recommending going for a variance
from the Zoning Board Adjustment. Selectman Carson asked what the request to the Zoning Board
would be. Chairman Hartman
said to operate either a shooting range which he does not have
permission to do or to operate a dog training operation that requires
considerable gun involvement. Selectman
Carson said he read through the Zoning Board discussions and he asked
when the Zoning Board made their ruling is it more not living up to the
original variance, and is it a legitimate role of the Selectmen to
enforce such a violation. The
Board members explained the Selectmen enforce all the zoning rules.
Selectman Carson said then Mr. Fisher is operating outside the
variance. The Town
Administrator said the Board is looking at the business aspect of it,
what is part of the Cease & Desist is Mr. Fisher is violating the
nuisance part of zoning. Selectman
Carson asked if it can be both items.
The Town Administrator said if the Board wants to.
The Town Administrator said at the last meeting Mr. Fisher’s
attorney said Mr. Fisher has a variance to operate a business and he
also has the right to shoot his weapon on his property.
But when the Board talks about the shooting in conjunction with
the business the attorney said the business needs to be separated.
The Town Administrator said if Mr. Fisher wants to operate the
range or course he would need to get a variance under the nuisance
ordinance, the Board could also state that it has been determined
through Mr. Fisher’s testimony that the amount of gunfire violates the
variance for his business. Chairman Hartman asked what happened when
Mr. Fisher went to the Zoning Board last December.
Mr. Fisher didn’t know what he was going for and the Zoning
Board did not know what Mr. Fisher was going for.
The Town Administrator said Mr. Fisher would need to apply for a
variance. Selectman Carson
said Mr. Fisher went to Zoning saying that his shooting had nothing to
do with zoning it had to do with his right to bear arms. The
Town Administrator added that the Zoning Board heard Mr. Fisher as a
conceptual. The Town Administrator said if by chance
the Zoning Board approves having a shooting range or course and the
Board of Selectmen felt it was not an appropriate area for such an
activity, the Board can file an administrative appeal. Chairman Hartman recommends sending Mr.
Fisher to the Zoning Board for a variance violation on the business as
well as needing a variance for the shooting range or course.
The Town Administrator said all along Mr. Fisher has been trying
to make this a gun issue. He recently made a comment in the
Selectman’s office when he was collecting copies of meeting minutes
that he didn’t mind paying for the copies because this project is well
funded. The Town
Administrator said Mr. Fisher’s attorney has alluded that Mr. Fisher
has a business and a right to shoot as part of that business.
Chairman Hartman confirmed that the Board agrees the Cease &
Desist Order remains in effect and a recommendation will be sent to Mr.
Fisher to go to the Zoning Board of Adjustment for either an expansion
of his business to include the shooting range/course or a variance from
the nuisance portion of our zoning. 12. Meeting Minutes Selectman Karrick moved
to approve meeting minutes dated May 25, 2010 as well as June 3 & 8,
2010. Selectman Carson
seconded the motion; all were in favor, the motion passed. 13. Selectmen’s Objectives Unregistered Vehicles – The Town
Administrator said two letters were sent out to the Whiting property and
the Ruff property. Response
time on behalf of the property owners has passed; the next step is
verification and then move forward with court action.
Investment Policy – Selectman Karrick is
still working on the policy. Fire Station Land – There is a letter in
the Selectmen’s hand as far as going out to some other properties.
Selectman Carson thought the committee that met regarding land
for the Fire Department would say what properties are being considered
and the things they are looking for in a new location and rank the
properties. He said it
seems that there is only one choice to choose from.
Chairman Hartman recommended going into nonpublic. 14. Meetings The Board will be touring a junk yard
owned by Wade Locke on June 23, 2010 at 3:00 p.m. Transfer Station Committee will meet at
1:00 p.m. on June 24, 2010. June 29, 2010 at 6:00 p.m. bids will be
opened for Safe Routes to School project and at 7:00 p.m. the Selectmen
will attend a meeting regarding Red Cross shelters. 15. Nonpublic Session Chairman Hartman moved to go into
nonpublic session under RSA 91A:3 II (d) land acquisition, at 8:06 p.m.
Motion was seconded by Selectman Karrick. A roll call vote was
taken. Chairman Hartman – yes; Selectman Karrick – yes;
Selectman Carson – yes. In
attendance: Chairman Hartman, Selectman Karrick,
Selectman Carson, Town Administrator Laura Buono Chairman
Hartman moved to come out of nonpublic session at 8:27 p.m. Motion
was seconded by Selectman Karrick. A roll call vote was taken.
Chairman Hartman – yes; Selectman Karrick – yes; Selectman Carson
– yes. Chairman
Hartman moved to seal and restrict the nonpublic meeting minutes per RSA
91A:3 III. Motion was seconded by Selectman Karrick. A vote
was taken. Motion passed unanimously. 16. Adjournment At 8:28 p.m. a motion was made and
seconded to adjourn. Board of Selectmen David E. Hartman - Chairman Respectfully submitted, Mary Whalen Recording Secretary
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