Warner Board of Selectmen

Meeting Minutes

Tuesday, August 4, 2009

 

Chairman Karrick opened the meeting at 5:40 p.m.

In Attendance:             Selectman David Karrick, Jr. – Chairman, Selectman David E. Hartman, Selectman Clyde Carson &

                        Town Administrator – Laura Buono

Absent:             None      

Others present: George Allie, Martha Mical, Wayne Face, Brian Hotz, Jim McLaughlin, and Allan McCausland

Chairman Karrick called the meeting to order at 5:40 p.m.

1. Non Public Session

Chairman Karrick moved to enter into Nonpublic Session at 5:40 p.m. per RSA 91-A:3 II (d), land negotiations. The motion was seconded by Selectman Hartman. 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; Fire Chief Richard Brown; Ed Mical.

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

Chairman Karrick resumed the public meeting at 6:00 p.m.

2. Future Fire Station Site

Chairman Karrick reported that the Board of Selectmen has approved a contract with Moser Engineering to complete a survey for a possible building site for a Fire Station located at Map 29 Lot 001 on East Main Street. 

3. George Allie – Connors Mill Bridge

Mr. Allie asked the Board of Selectmen for an update on the Connors Mill Bridge.  Chairman Karrick explained the bridge is moving forward toward completion which is expected in about two weeks depending on weather.  The Town Administrator said the bridge is on schedule with the contract.  Mr. Allie said he was led to believe that this was a 3 month process beginning in April.  It was explained to him that Weaver Bros. began in May after the Bailey bridge was removed.  Mr. Allie felt through this whole process there was a lack of communication; it was not made clear to the residents that the contract deadline was August 28th.    

Mr. Allie said he received a letter stating that he did not return his Taxable Inventory Form and would be fined anywhere from $10 - $50.  Mr. Allie does not remember receiving this form in the mail, and he feels it was because of the spotty mail delivery due to the bridge being out.  Mr. Allie feels he is validated in saying that the fine should be waived in his circumstance because of the expense he has had to pay in gas, the extra mileage, and wear and tear on his vehicles as well as repairs he has incurred because of being detoured due to the bridge being closed.  The Selectmen advised Mr. Allie to submit his request in writing for consideration.   

4. Manifest

Selectman Hartman moved to authorize the Selectmen to sign manifests and order the Treasurer to sign accounts payable check numbers 43337-43383 in the amount of $664,619.89 (includes a check to Kearsarge Regional School District for $408,713.82.  Selectman Carson seconded the motion; all were in favor, the motion passed.

5. Wayne Face

Mr. Face submitted a petition to the Selectmen that reads as follows:

We, Wayne B. Face and Sharon L. Face do hereby petition the Board of Selectmen of Warner NH to initiate proceedings to reclassify Cemetery Lane from West Main Street to Pine Grove Cemetery from a Class VI public highway to a Class V public as soon as practical.   

A public hearing would need to be scheduled.  Selectman Hartman said it is understood that the Director of Public Works has maintained the road accept for winter maintenance and the Board of Selectmen would be accepting the paved portion as a Class V seasonal because the Town may not want to accept the responsibility of snow plowing the road. 

Martha Mical commented that she knew of citizens that called her earlier today who were interested in knowing if there would be discussion during the Selectmen’s meeting.  Martha said she was informed by the Selectmen’s office that Mr. Face was not on the agenda.  Mr. Face did not contact the Selectmen’s office about attending the Selectmen’s meeting, he showed up on his own volition.  The Selectmen’s office was not aware that other citizens were interested in hearing any discussion.  The Town Administrator explained to Martha that discussion can take place during the public hearing.  

6. 2009 Budget

The Town Administrator spoke with the Department Heads asking them to review their budgets for areas that would help offset a $30K deficit.  The deficit is because the State, mid way through the year cut Revenue Sharing. So far with $25K from the paving line and extra money from health benefits because one position changed to 30 hours per week, there is just enough to cover the revenue deficit.  Selectman Carson asked if any FEMA projects would be jeopardized; the Town Administrator said no.  The Town Administrator clarified any concerns that the Selectmen had about the cash flow.  The Board confirmed that the Town will not need a TAN (Tax Anticipated Note).  The Board asked what paving projects if any will be affected.  The Town Administrator said none because the remaining $25K is not enough to fund any paving project. 

7. Conservation Commission

Conservation Commission members, Brian Hotz and Jim McLaughlin met with the Selectmen and presented copies of a near final draft of a conservation easement on what has been called for a number of years the Boundtree property.  This property was identified as one of the top properties in the Mink Hills conservation plan.  The whole Mink Hills area was identified as a key area from the Wildlife Action Plan from the State.  The property abuts other properties that have been conserved.  There was a heavy timber harvest on the property; despite that, it does include significant conservation values.  The project is a joint project with the Warner Conservation Commission, Town of Warner and the Forest Society to purchase a conservation easement on approximately 374 acres for $100K; the landowners did reduce the original purchase price.  The costs involved are divided; the Town of Warner will provide the $100K for the purchase, the Forest Society would raise the money for the expenses in the project which are expected to be from $45K - $50K (survey, legal expenses, title insurance, staff etc.).  The easement leaves 26 acres for the property owners.  The remaining land would be placed in a conservation easement available for forestry, agriculture and non commercial recreation.  The easement from the Town’s perspective would guarantee open space and provides public access to the snowmobile trail as well as fishing, hiking and hunting.  There is some ability to limit or prohibit public access when nuisance issues come up for a period of time, the grantor would have that control.  There is a reserved right in the easement; it allows the ability to permit a 300 square foot camp.  The owners were advised that current zoning does not allow for a camp, the right allows for the opportunity, the owners would need to come to the town if they ever decide to construct a camp.  There are two issues that need to be resolved; one is a boundary line agreement through one of the wetlands and the other is the Contoocook Precinct built a gate on the property.   The structure of the easement is the Forest Society will hold and enforce the easement, monitoring the easement on a yearly basis and will do most interactions with the property owners.  The Town would be asked to hold executory interest, which is called the back-up interest.  Mr. Hotz would like the Selectmen to review the draft easement and forward any questions or concerns.  A public hearing will be held on September 3rd after which the Conservation Commission will be back before the Selectmen for signing the document.  Selectman Carson asked if there are currently any structures on the property and does the property abut any other conservation land.  Mr. Hotz explained that there are no structures on the property and the property does link up to two parcels that are conserved. 

Mr. Hotz said because of this particular project there is an abutter who is interested in land conservation as well as abutters in Henniker.   

The Conservation Commission is working with the Bowers property on Kearsarge Mnt. Road.  This project may involve the Forest Society and also the Town of Sutton.   

Jim McLaughlin added that this Boundtree easement property is in current-use and contributes taxes to the Town, the easement will not demand services from the Town; there are no roads to maintain and there could also be future Timber Tax.  Selectman Hartman feels this project is an outstanding use of the Warner Conservation Fund.  

Mr. Hotz said there is an easement on the Mimi Wiggins property that requires a correction to the map and lot number.  This will be brought before the Selectmen in the near future for their signatures.  

Selectman Hartman asked Mr. Hotz how the public can know that these easements are for perpetuity.  Mr. Hotz explained that perpetuity is written within the easement (perpetual restriction).  Mr. Hotz said there are three lines of enforcement; the Forest Society which is the primary holder of the easement, secondly the Town and finally the State.   

Jim McLaughlin reported on the Conservation Fund.  In the beginning of the year the fund balance was approximately $125K, and then another $30K was approved at Town Meeting.  After the Boundtree project the fund balance will be approximately $40K - $50K. 

8. Kearsarge School District Superintendant – Jerry Frew

Mr. Frew spoke to the Selectmen about what is currently going on in the school district and what is envisioned over the next year; he intends on returning in December to talk about the budget.  Mr. Frew did say that the School Board delivered their message regarding the budget to not exceed a 3% increase including warrant articles.  Selectman Carson asked what the strategy would be from the school if they received additional funding from the State.  Mr. Frew explained that he has not been notified of any additional funding, figures from the State are released in November.  Mr. Frew said the school was impacted by the retirement increase, the increase figure is unknown and was not budgeted, he does know it will be less than $85K.   

Mr. Frew said last year 8.5 positions were cut from the budget.  There are some challenges that need to be addressed.  One is health education in the elementary schools; the district is not in compliance with the State.  The district is working on how health education can be delivered equitably through all the Towns.  Mr. Frew wants to see all the elementary schools certified by the State, and one of the lacking items is health education. 

Mr. Frew provided paperwork to the Selectmen which includes a balance score card which is an attempt to report to the communities in five strategic goal areas which are curriculum assessment, professional development, financial strategies, facilities and technologies.  Mr. Frew feels the report will provide a transparent measure for residents to look at what the school is doing; the publication is scheduled for June 2010 the intent to publish it annually.  Mr. Frew asked the Selectmen to forward their suggestions.   

Mr. Frew said the school’s website has been updated.  There are direct links to district town websites as well as staff email.  There is also a community link were area events can be posted. 

Mr. Frew is working towards getting the area students involved in Rollins, Wadleigh and Winslow State Parks.   

Mr. Frew said today the school tested a rapid alert notification system that will contact every home in the district within 10 minutes with an emergency phone message that will be utilized for delay openings, school cancelations early releases and emergency health closings.  

Mr. Frew reported that Jim Daley is the new Principal at the High School. The School Board voted to rename the New London Central School the Kearsarge Learning Campus.  Money was appropriated to install a sprinkler system in the section that would be inhabited by SAU.  It is hoped to move the adult education program and culinary arts to the Learning Campus.  There is also hope of generating revenue from some of the campus programs.  Selectman Hartman asked when the warrant article was passed in selling the existing SAU office and setting up a Capital Reserve Fund with the intent of moving into the Campus, is it correct the Capital Reserve Fund is not being accessed.  Mr. Frew said correct.  Mr. Frew said the Capital Reserve Fund will exist for when the building is sold. 

The school district received permission from the State Department of Education to pilot a three day program where the students could learn on line during an extended school closing.  Those students that do not have access to a computer will have a “blizzard bag”.    The hope is this will eliminate asking for a waiver at the end of the year.  This is a first time program.   

Chairman Karrick said he attended a meeting at the SAU office in June 2008 along with the Director of Public Works and the school’s Facility Manager to talk about drainage problems at the Simonds School.  It was indicated that there would be a plan forth coming within a couple of months.  The Town has not received any information from the school and the Town has some drainage issues that need to be addressed.  Mr. Frew said a company has completed a study and he said he will follow up on when the study will be presented.   

9. Allan McCausland – Connors Mill Bridge Construction

Mr. McCausland asked how far the road will be paved beyond the Connors Mill Bridge.  Chairman Karrick said according to the plan the paving ends just past Mr. McCauslands driveway.  Mr. McCausland said his understanding based on conversations with the Engineer and the Director of Public Works is the road does not need to be paved that far. Mr. McCausland said he understood the reason the paving is going just past his driveway is because the State will pay for the maximum distance.  Mr. McCausland was under the impression that only a minimum amount had to be paved after the bridge; he said the Engineer said there is no requirement for any paving relative to the bridge.  Selectman Hartman said the benefit for paving and the reason for paving past Mr. McCauslands driveway whether the State was going to pay for it or not is it is better to have a paved surface as far up to the crest of the hill.  Mr. McCausland said he has drainage that comes out of his driveway, if the Town paves in front of his driveway the pavement will get undercut and he said he will not allow an apron to be paved on his driveway.  Mr. McCausland said the more paved area you have, more material will drain into the brook. The other impression Mr. McCausland had was the remaining road bed would be improved, when Mr. McCausland spoke with the Engineer he said the paving would blend into the existing road bed.  Selectman Hartman said that is how he understood the project.  Selectman Carson’s recollection is the remaining road would be brought up to spec.  The Town Administrator said if they were to pave the remaining section it would need to be brought up to spec.  Selectman Hartman said the decision before the Board is if the paving will go just past Mr. McCauslands driveway or not.  Selectman Hartman feels the paving should go as far up the hill as possible and he will not vote for having the pavement stop at the bridge. Mr. McCausland said that is not what he is asking; he said the engineer said there is no requirement to pave from the State.  Selectman Hartman said that is correct. Mr. McCausland said he does not know what is best but feels there will be problems if the pavement goes to the top of the hill.  Selectman Hartman asked Mr. McCausland if he and the Director of Public Works could determine a point that would be agreeable to where the pavement could stop at where Mr. McCausland would not feel imposed upon and the Town would feel like it would have a road and bridge that would be maintainable for a long period of time.  Mr. McCausland said he has no objections if the road is paved up to the end of the guardrail.    Mr. McCausland feels that there was no engineer rational as to how far the pavement should go.  Chairman Karrick recommends first speaking with both the Engineer and the Director of Public Works to see if an adjustment can be made without having to go through the change order process.  Mr. McCausland feels he has gone out of his way in cooperating with easements with no requirements and allowing trucks to park in his field beginning at 6:00 a.m.  He also said he feels that the construction crew has done a wonderful job. 

10.  Meeting Minutes

Selectman Hartman moved to approve the July 21, 2009 meeting minutes.  Selectman Carson seconded the motion; all were in favor, the motion passed. 

Selectman Hartman moved to approve the non public meeting minutes dated July 21, 2009.  Selectman Carson seconded the motion; all were in favor, the motion passed. 

11. Capital Improvement Projects

The Selectmen’s Capital Improvement Projects will remain the same as last year.  Selectman Carson said there may be a project submitted by the Energy Committee.  The Town Administrator said a one time project can be submitted as a warrant article.   

12. Selectmen’s Other Business

Selectman Carson said the Google Town Hall calendar is now active on the Pillsbury Free Library Website.  Selectman Carson is pursuing as to why TDS does not allow access to the Google calendar from TDS email accounts. 

The Town Administrator said when she attended the Emergency Management Conference; one of the topics of discussion was how to reach the public when there is no power.  One of the things that Public Service recommended was twitter, so the Town Administrator set up a twitter account as another avenue.   

13. Non Public Session

Chairman Karrick moved to enter into Nonpublic Session at 7:58 p.m. per RSA 91-A:3 II (c), reputation. The motion was seconded by Selectman Hartman. 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 

Chairman Karrick brought up a personal situation presented to him by an employee resulting in a “what if” request for additional hours and benefits if the situation progressed.  The Selectmen briefly discussed this and there was no consensus to take action on the request to approve the change.  Ms. Buono advised the Selectmen of a past employees situation with HealthTrust revolving around their dental insurance in conjunction with their divorce.  Since this individual’s decision to participate in COBRA for dental insurance was an option they chose and which they now want to change, it will need to be rectified by them with HealthTrust without involving the Town.

Selectman Hartman moved to come out of Nonpublic Session at 8:09 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. 

14. Adjournment

A motion was made and seconded to adjourn at 8:10 p.m.   

Board of Selectmen 

David Karrick, Jr. – Chairman
 David E. Hartman
Clyde Carson   

Respectfully submitted,

Mary Whalen

Recording secretary