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Warner Board of Selectmen Meeting Minutes Tuesday, July 7, 2009 Chairman Karrick opened the meeting at
5:30 p.m. In Attendance:
Selectman David Karrick, Jr. – Chairman
Selectman David E. Hartman
Selectman Clyde Carson
Town Administrator
– Laura Buono Absent:
None Others present: Police Chief, William Chandler Town Clerk, Judith Rogers Transfer Station Foreman, Varick Proper Martha Mical Jeanne Hand Gerry Marsh 1.
Non Public Session Chairman
Karrick moved to enter into Nonpublic Session at 5:30 p.m. per RSA
91-A:3 II (d), land negotiations. The motion was seconded by Selectman
Carson. A roll call vote was taken. Chairman Karrick – yes; Selectman
Hartman – yes; Selectman Carson – yes. Motion passed
unanimously. In
attendance: Chairman David Karrick, Jr., Selectman David E. Hartman,
Selectman Clyde Carson and Town Administrator Laura Buono; Chief Richard
Brown; Ed Mical. Selectman
Hartman moved to come out of Nonpublic Session at 5:54 p.m. The
motion was seconded by Chairman Karrick. A roll call vote was taken.
Chairman Karrick – yes; Selectman Hartman – yes; Selectman Carson
– yes. Motion passed unanimously. Selectman
Hartman moved to seal and restrict the nonpublic meeting minutes per RSA
91A:3 III. Motion was seconded by Selectman Carson. A vote
was taken. Motion passed unanimously. Chairman
Karrick opened the public meeting at 6:01 p.m. 2.
Police Department Report Chief
Chandler met with the Selectmen and reported the Garden Club recently
contributed landscaping for around the sign, the flagpole and the front
of the building; the design was created by Debra Dorn.
Steve Bridgewater also volunteered many hours repairing a leak
and updating the irrigation system. Richard
White also donated three rhododendron bushes.
The Chief publicly thanked all those involved for their efforts
in upgrading the landscape at the Police Department. Chief Chandler reported that his budget is
at the 50% mark. The 2005 cruiser needed some front end work that cost
approximately $1,500; the 2005 cruiser is scheduled for replacement in
2010. The Chief is currently working with the
Hopkinton and Webster Police Departments in regards to a property that
is located in both Warner and Webster (Map 7 Lot 36).
The Hopkinton Police dealt with the same property owner who owns
property in Hopkinton and has a large number of vehicles on the
property. The Board of
Selectmen is also working with the Town of Webster in regards to the
same property. The Chief also reported that activity is
up from last year at this time. Selectman
Hartman confirmed that the Police Department is being notified when the
Town is utilizing the Merrimack County Corrections Work Program.
The Chief said he was contacted by the Selectmen’s office and
was advised of the work dates. Selectman
Hartman also asked if the Police Department has made any progress in
regards to the break-ins at the Transfer Station.
The Chief could only say that it is still an open investigation. Selectman Hartman asked if there have been any problems
due to the Connors Mill Bridge construction.
The Chief said no, there have been no complaints. Jeanne Hand asked the Chief why the police
on duty during the Fall Foliage Festival are not checking to see if the
handicap parking is being used properly.
The Chief explained to Ms. Hand that her concern would be covered
by the Fall Foliage Festival Committee; the officer posted at the
intersection of Kearsarge and Main Street is there to ensure pedestrians
are able to cross safely. If
it is brought to the attention of an officer it would be addressed.
Selectman Carson recommended to Ms. Hand to volunteer her time to
the Fall Foliage Parking Committee during the event, they are always in
need of additional helpers. Ms.
Hand feels it is the job of the police to supervise the handicap parking
not the volunteers. 3. Town Clerk Report Town Clerk, Judith Rogers, reported that
there are new State registration fee increases that will take effect
August 1st; there will be an increase of $15 per weight
category. Estimated
revenues from the Town Clerk’s office are either the same or little
more than last year. The
Town Clerk’s office is currently working on dog licensing, fines are
ready to be issued; dog owner notification will be by phone or in
writing. Selectman Hartman asked the Town Clerk how
she feels the record retention system is working.
The Town Clerk feels there is always room for improvement.
There is a State schedule that explains the length of retention
for specific records, she said as the keeper of the records she should
have the specific records in her office, but, she said she can’t keep
what she doesn’t know about. Selectman
Hartman asked if the Town Clerk is required to keep all records.
The Town Clerk said according to the State schedule the Town is
covered as a whole; she said the biggest issues are filing in a timely
fashion, what is being filed, and filing originals; she said she needs
originals filed in her office so she can do a true copy attest.
She also said obtaining minutes within the required timeline as
well in a format that is presentable for preservation purposes needs to
be worked on. The Town Administrator asked the Town Clerk if the Town
should start using acid free paper.
The Town Clerk said when the records are preserved they are
de-acidified. Selectman
Carson asked if the Town has any records that are at risk.
The Town Clerk said the records that are stored in the office of
the Water District are at risk. The
records that are the oldest are being preserved first. The Town Clerk
explained that there was a group organized comprised of herself, the
Librarian, and a Historical representative; the group reviewed how and
where records are being stored and if they are being duplicated.
The next thing to think about is space for record retention.
Selectman Hartman asked the Town Clerk if
she has sent the Town Meeting minutes to the webmaster who had requested
a copy from her; the webmaster would like to put the minutes on the
Town’s website. The Town
Clerk said when Selectman Hartman called her on the phone he asked her
about a vote on a zoning issue, she said she looked on the website while
they were on the phone together and told Selectman Hartman that the
election results are on the website.
The Town Clerk said the webmaster was sent the election results
as well as the Town Meeting minutes, so she is not sure what the
webmaster is looking for. Selectman Hartman said when he recently reviewed the website
the Town Meeting minutes were not on there and recommended that the Town
Clerk send another copy of the Town Meeting minutes to the webmaster.
Ms. Rogers explained the law requires her to make sure the
minutes are available, if the webmaster wants a copy they are in paper
form. The Selectmen asked
if they are in digital form. Ms.
Rogers said yes, the minutes are filed in her computer.
Ms. Rogers said another option is placing a copy of the minutes
on a CD. Ms. Rogers said
the webmaster wants to put the minutes on the website, she said she is
leery about putting the Town Meeting minutes on the website because the
website has been discussed in the past as an unofficial town website.
Selectman Hartman said the Selectmen have not discussed the
website in that way and he feels the Town Meeting minutes are an
official record that is important enough that the public should have
access to the minutes on the website, and if the minutes are not on the
website he would like to see them there.
Ms. Rogers said that her response to the webmaster who requested
the Town Meeting minutes was going to be that she will answer a request
from the Selectmen, (she feels this is a better process) to provide
the Town Meeting minutes to the Selectmen so the Selectmen can provide
the minutes to the webmaster. Selectman
Hartman feels this is an awkward way to respond to the webmasters
request. The Town Clerk
asked why. Selectman
Hartman said the straight forward way would be to provide the Town
Meeting minutes to the webmaster so they can be placed on the website.
The Town Clerk said the website does have a disclaimer as an
unofficial website, she said she is more comfortable submitting the
minutes to the Selectmen and the Selectmen could be responsible for
sending them to the webmaster. Selectman
Hartman asked the Town Clerk to forward the Town Meeting minutes to the
Selectmen’s office tomorrow. The Town Administrator said technically if
she asked any town for their meeting minutes and had her own website and
placed all the minutes on the website they would still be public
documents. The Town Clerk
said the website is not town sponsored as in, a town employee who
maintains it. She said a
regular citizen graciously volunteers their time to maintain the site.
Selectman Hartman said the webmaster (Richard Cutting) has built
the site as a valuable resource, he also feels the Town Meeting minutes
is a base document. Selectman
Carson moved to accept the Town Clerk’s offer (sending the Town
Meeting minutes to the Selectmen’s office) to accept the Town Meeting
minutes and post them to the website.
The Selectmen determined that a motion was not needed. Selectman Carson would like to see the
website become official. Selectman Hartman said the website is the Town’s website;
it is not constructed to a State RSA, “official” means that website
is constructed according to what State law allows.
4. Transfer Station Report Transfer Station Foreman, Varick Proper
reported a correction to the demo fees; initially he reported a $326.00
deficit when in fact the deficit is $1,501.46, Varick thanked Selectmen
Hartman for catching the difference.
Varick reported year to date fees collected amount to $5,901.44,
amount spent for disposal is $7,201.80, leaving a $1,200 deficit. Mr. Proper reported that the gypsum debris
pile has been disposed of at an estimated cost of $15,074.94.
Mr. Proper said the proposals he has
received for disposing the ash run from $16K - $28K.
Mr. Proper has tried to verify the disposal sites; two of the
more expensive proposals would ship the ash to facilities in Canada. The
low proposal, when verified Mr. Proper learned that the site is not
permitted to take the material (Waste Management in Rochester, ME).
The ash exceeds the regulatory levels for lead.
The test that was conducted indicates what is in the ash; another
test is needed called toxicity characteristic leaching procedure test. Mr. Proper had tested the two elements that exceeded the
regulatory level, chromium came in under the regulatory limit, the lead
was still over the regulatory limit by five times.
The Department of Environmental Services suggested to Mr. Proper
to draft a letter stating that the ash material was generated by
residents and or contractors working for residents in Town, rather than
having it produced by a commercial or industrial entity.
DES may be able to exempt the hazardous waste designation;
however, Mr. Proper does not feel this letter will reduce disposal
costs. There is $13K left in the disposal line, with other cost
savings in labor and demo tipping fees the ash may be able to be
disposed of this year. The
Town Administrator recommends obtaining the letter from DES even if it
does not help in reducing disposal costs.
Selectman Carson asked if there are State funds available for
disposing the ash, the Town Administrator said not for municipalities
only for brown sites. The Sunday hours have been received
favorably. Selectman
Hartman commented on Mr. Proper’s successful effort in separating the
public from the processing of the recycled material.
Selectman Carson asked what the next step
is for the ash. Mr. Proper said it is up to the Selectmen, they could move
forward and ask for a hazardous waste exemption from the State.
The Town Administrator said she emailed DES asking what the
exemption would do for the Town and if the Town still has to dispose of
the ash as hazardous material, would the exemption clear the Town‘s
name on the State’s list? Mr.
Proper also said that DES would like a separate letter of compliance
regarding the gypsum. Gerry Marsh asked Mr. Proper about the
last two thefts at the Transfer Station involving copper.
Mr. Proper said without going into too much detail that the
manner in which it is stored has been changed and secured.
Mr. Marsh asked if it is time to purchase a motion camera. Mr. Proper said the local and State police have been
patrolling on a regular basis. 5. Temporary Structure Policy Selectman Carson feels that a policy for
temporary structures is a Planning Board issue.
This came about because a resident asked permission to set up a
yurt on land in current-use for a specific period of time.
The
draft reads as follows: Definition:
Temporary Structure is any freestanding structure (such as a tent, yurt
or canopy) with a flexible sheathing material such as fabric, canvas,
rubber, or plastic. The structure can be set up on the ground or
on a platform. Permitted
uses and requirements: Temporary structures are subject to the following
requirements. Temporary structures set up for a period less than
xxx days are exempt from these requirements. Selectman
Hartman feels property owners who rent tents for weddings should be
exempt. The main concern
was temporary structures becoming permanent. 1. A permit is required
for all temporary structures. Application will be made through the
Selectmen’s office, stating the location, dates and purpose of the
structure. A permit fee will be set by the Selectmen. 2.
Allowed purposes include usage as a workspace or as an enclosure for
property, vehicles, animals, or persons. 3.
The structure may stay up for a period of not more than xxx consecutive
days and not more than xxx days in a calendar year.
Selectman Carson found that 180 days seems to be a popular number
that other Town’s have used. 4.
No more than xxx temporary structures will be permitted on a single lot. 5.
Temporary structures are subject to all existing zoning setback and
height requirements. 6.
Platforms that are not of a temporary nature, i.e. they are not removed
along with the temporary structure, and temporary structures, which
remain beyond the permitted period, will require a building permit and
are subject to existing zoning regulations, building codes and
inspection. 7.
Temporary structures in place prior to this policy must be brought into
compliance within xxx days after its implementation. 8.
The Selectmen, at their discretion, may grant exceptions to this policy
on a case by case basis. Selectman
Hartman will present this draft to the Planning Board for consideration.
Jeanne
Hand asked if this draft is for tax purposes.
Martha Mical said temporary structures that are used for storage
and carports are currently taxed if they are on properties as of April
1. Jeanne Hand does not
feel there is a need to police temporary structures.
Martha Mical disagrees because there are temporary structures on
properties that never come down. The
ordinance will define temporary simply by establishing a period of time
that is exempt from permitting. Gerry
Marsh is concerned about the height requirement.
The Selectmen said #8 allows for exceptions. 6.
Energy Committee Selectman
Carson reported that the submitted grant to audit the Town buildings has
been approved for $11,500. Approval
is still needed by the Governor and is expected in September. 7.
Heat Efficiency Selectman
Carson explained that the Energy Committee completed an analysis on
energy usage as part of its grant application.
The committee learned that between the Old Graded School and the
Town Hall the cost to heat the two buildings last year amounted to
$26,000; this year the cost will either meet or exceed the $26,000
keeping in mind that the cost for oil was a big contributor.
Selectman Carson would like to explore alternatives for heating
the two buildings. Selectman
Carson learned at a recent energy conference that municipalities are
able to take advantage of the Energy Tax Credit, the Town has the
ability to pass the credit onto the supplier, and there is also grant
money that will become available and significant rebates for energy
systems. Selectman Carson
would like to form a committee of people that have heating alternative
expertise to look at the current systems and present a recommendation to
the Selectmen, his main concern is future oil costs. Selectman Hartman asked what the energy audit will show.
Selectman Carson said the audit will look at the energy
efficiency of the buildings. Martha
Mical said the heating system at the Old Graded School is 6 – 10 years
old. The Selectmen will
return to the next Selectmen’s meeting with member suggestions. 8. Town Administrator’s Report Municipal Volunteer Award – The Local Government Center is
looking for submissions for this year’s Municipal Volunteer Awards.
Nomination forms are due to LGC by August 28th.
The form and the criteria for selection are in the Selectmen’s
Office for review. Capital Improvement Plan – The Capital Improvements Program
Committee has forwarded the project forms to each Department for
submissions for the 2010 – 2015 CIP.
The Town Administrator gave copies of the communication to the
Selectmen; submissions are due to the Committee by August 3rd. Door work - As was
discussed last year, Ed Mical has been working on the side door of the
building in order to install the push button for assisted access.
The cost of the project will be taken from the Capital Reserve
Fund for the Town Hall Building. Selectman
Carson asked how the keys to the Town Hall are controlled, are they
periodically changed and reissued?
The Town Administrator explained that some interior locks have
been changed but not the building locks; there are many organizations
that use the Town Hall on an ongoing basis. Fuel Prices – Various prices for fuel are ready for the
Board’s review and action if desired.
The Town Administrator did contact the school system in pursuit
of going in with the school, but the school did not respond and the Town
Administrator did not pursue the school any further.
Another thought was to pool together with other towns; the
Selectmen will discuss this option at the next Joint Selectmen’s
meeting in September. Gerry Marsh asked why the Transfer Station
uses kerosene and it’s because the tank is exposed to the elements.
Mr. Marsh said there is an additive available to use with #2 oil
that is cost effective. Selectman Hartman moved to award Rymes the
#2 fuel oil and propane contract. Jeanne
Hand asked what the cost is. The
Town Administrator said the #2 oil is $2.08 per gallon and the propane
is $1.569 (cap). Selectman Hartman
amended his motion to award Rymes the contract for 10,000 gallons of #2
oil @ $2.08 per gallon and 9,000 gallons of propane @ $1.569 per gallon.
The Town Administrator said the propane includes the Library and
the Water District. Chairman
Karrick seconded the motion. Varick
Proper asked if there would be a contract for kerosene.
The Town Administrator said the contract would be based on past
usage. Mr. Proper said the
unit that uses kerosene is not the primary source of heat.
Mr. Proper would prefer a spot market.
Martha Mical asked if Rymes will service the furnaces, she feels
the service was problem last year.
The Town Administrator disagrees with Martha about the quality of
service last year, one time a part needed to get ordered, she said she
would check on the service record for last year.
Jeanne Hand recommended for next year looking into pooling
resources with the school to help lower the cost per gallon.
Before committing to a contract the Selectmen would like more
information on service contracts. Selectman
Hartman withdrew his motion. Master Plan – The Planning Board has forwarded the contract
for Phase 2 of the Warner Master Plan update for the Selectmen’s
signatures. The second
phase is scheduled to be completed on or before June 30, 2010 and will
cover the Housing and Population Chapter, Natural Resource Chapter,
Economic Development Chapter, Transportation Chapter, Complete Existing
Land Use Chapter. Transportation Enhancement – At the last Selectmen’s
Meeting the Town Administrator mentioned that Allan Brown and herself
were meeting with Central NH Regional Planning Commission to discuss
sending a letter of intent for a Transportation Enhancement Grant.
The projects discussed at that meeting were sidewalks running to
exit 9, upgrading of sidewalks on the opposite side of the road from the
Post Office and repairing the foot bridge near Warner Power to give a
safe walking path to the fields. Representatives
from CNHRPC felt that the foot bridge would offer a unique project and
may have a better chance since the process is very competitive.
With that in mind, they crafted a letter of intent for that
project which was submitted by the deadline of July 2nd.
A copy of the letter is in the Selectmen’s Read File. 9. Manifest Selectman Hartman moved
to authorize the Selectmen to sign manifests and order the Treasurer to
sign payroll check numbers 1907-1939 (includes 11 direct deposit stubs)
in the amount of $33,256.95 and accounts payable check numbers
43240-43301 in the amount of $942,772.21 (includes school payment, tax
lien payment and checks to the Trustees of the Trust Funds for Capital
Reserve funds passed at Town Meeting.)
Selectman Carson seconded the motion; all were in favor, the
motion passed. 10. Meeting Minutes Chairman Karrick moved
to approve meeting minutes dated June 23, 2009.
Selectman Hartman seconded the motion; all were in favor, the
motion passed. 11. Selectmen’s Other Business Selectman Hartman reported that he will
attend Northeast Resource Recovery Association meeting on July 8th.
On July 14th at 10:00 a.m. a
meeting has been scheduled by the Odd Fellows Building Committee.
The Board of Selectmen, Varick Proper and
John Warner attended a Regional Co-op meeting on June 30th
and all were presented with information detailing the proposed single
stream recycling facility that the Co-op is considering building.
Selectman Hartman said the Town of Warner asked the most incisive
questions. The decision to
build will be made by the Co-op in late August.
The conditions have changed drastically since the idea was
conceived. The changes involve the spiking cost of commodities for the
recyclables. It is causing the Co-op to think about what the impact
would be if the Co-op does not repay everything into the current fund.
Selectman Hartman finds it difficult to think of wanting to
target that as a goal, ten to fifteen years out not to have any fund to
do deal with the trash in the future. Selectman Hartman explained that the fund has been built up
over the last 20 years to an amount of $14million.
Selectman Hartman said if there is a good chance that the fund
will not be replenished then he will probably vote in opposition for
constructing the single stream facility.
Selectman Hartman also added if the City of Concord does not vote
in favor the single stream facility will not happen. Selectman Hartman said there is a
potential of obtaining a mobile home for the swap shop at the Transfer
Station at no cost. 12. Adjournment Motion was made and seconded to adjourn at
8:09 p.m. Board of Selectmen David Karrick, Jr. – Chairman David E. Hartman Clyde Carson Respectfully submitted, Mary Whalen Recording secretary
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