Warner Board of Selectmen

Meeting Minutes

July 22, 2008

 

Meeting opened at 6:00 p.m.

In Attendance:   Selectman Richard A. Cook - Chairman

Selectman David E. Hartman

Selectman David Karrick Jr.

Laura Buono – Town Administrator  

Others present:

John Warner                  Ginnie Warner                Joyce Good                    Slvia Blanchette              Alice Bean

Cathie Creed                  Fern Lampron                John Healy                     Athony Mento                 Linda Mueller

Dick Mueller                   Beverley Howe               Betty Proulx                   Paul Proulx                    Shirley Lake

Ron Wirth                      Richard Senor                Derek Senor                  Peter Rhoads                 Ken Klinedinst

Stephen Eastman           Amy Eastman                 Jayne Greenlun              Faith Minton                   Jim McLaughlin

Steve Brown                  Christopher Closs           Rebecca Courser            Barbara Annis                Paul Violette

Judith Rogers  

1. Warner Connects

Anthony Mento met with the Selectmen to follow up on the proposals submitted to the Selectmen regarding the placement of a new bulletin board.  The proposals show three locations all situated on the Town Hall property.   Selectman Hartman voiced his concern about who would maintain the bulletin board.  Faith Minton explained by placing the bulletin board on Town property the staff at the Town Hall as well as community organizations could work together.  Selectman Hartman is in favor of its present location as well as locating the board on the Town Hall property, he does feel there could be maintenance problems if the board is located by the driveway.  Mr. Mento added that Warner Connects was hoping to capture out of town interest as well as local interest, that’s why all the proposals are near the road edge.   Selectman Cook felt that the two locations that are situated closest to the sidewalk would interfere with the Fall Foliage Festival; he favors the location closest to the new tree.  Anthony Mento recommended receiving input from the FFF.   Audience member John Warner pointed out in terms of priorities the Fall Foliage Festival is two days a year where the bulletin board would present all year long.   

Faith Minton explained that the planned timeline was to have the bulletin board established before the Fall Foliage Festival.  Martha Mical added that most likely the spaces on the Town Hall have already been sold for the Fall Foliage Festival.  At this time the Selectmen are in favor of having the bulletin board located on the Town Hall common, further consideration will be entertained after Warner Connects meets with the Fall Foliage Festival members.  Selectman Hartman recommends getting Town Hall staff input regarding the legal postings.  Ms. Buono does not see the need to change the location of the legal postings because the postings would limit the available space for the community.  Mr. Mento asked if there is a need to present the design to the Planning Board.  The Selectmen thought it would be a good idea to run the idea past the Planning Board.  Mr. Mento also added that the bulletin board will be illuminated from the bottom by a solar panel.  Selectman Hartman offered to bring the bulletin board idea forward at the next Planning Board meeting.  

2. Senior Center

Sylvia Blanchett explained to the Selectmen that the information provided to the Selectmen by the Community Action Program was incorrect.  The Community Action Program has decided not to provide the once a week senior meal at the Old Graded School .  The senior meal program has been moved to Bradford .  Ms. Blanchette is asking the Selectmen if the seniors could continue using the facility at the Old Graded School , programs and meals would be organized by the local seniors.  Selectman Cook said in his conversation with the CAP representative, she indicated that there is a possibility CAP would provide some sort of senior services.  Ms. Buono added that CAP indicated that the programs they may provide will be located at elderly housing.  Ms. Buono visited the senior center at the Old Graded School there was a good attendance.  Ms. Buono explained allowing the seniors to continue use of their current room would be a good option.  The revenue lost from the meal program amounts to a few hundred dollars a year.  The room is also used for AA meetings on Saturday evenings.  Through many conversations with CAP there is no indication that CAP will reduce the rent until the end of the year.    The sharing of the senior room with community assistance will not change either.   

Faith Minton mentioned she would like to see more recreation in this Town for all ages possibly under Parks & Recreation.   

Selectman Hartman asked if this change would require additional funding that hasn’t been budgeted in the past.  Ms. Buono said CAP is still there, the only change is in the exclusion of elderly services.   Funding is based on the amount of services that CAP provides, so if a program is removed the Town will have a reduced expense.  The Selectmen agreed that up to the end of the year the usage should remain the same, come January if usage of the senior room is at an active level were the seniors wish to continue the program then when the Town enters a new agreement the usage of the room for the seniors could be added to the contract.  

Selectman Karrick moved to allow Warner Seniors to continue use of the senior room until the end of 2008 as well as allowing CAP their continued use of the senior room as necessary.  John Warner asked that the motion include the intent to formalize the use in the 2009 rental agreement.  Selectman Karrick amended the motion to add with the intent to allow the Warner Seniors continued use of the room formalized in the 2009 rental agreement.  Selectman Hartman seconded the motion.  All were in favor, the motion passed.  

3. Amy Eastman – Residing in a Travel Trailer

Ms. Eastman asked the Selectmen if she could reside in a travel trailer for more than 90 days on a permanent level, which would be situated on a relative’s property.  Chairman Cook explained to Ms. Eastman that she would need to go before the Zoning Board for such a request.  Ms. Eastman asked if a permit is required for the 90 days.  Chairman Cook explained that a permit is not required for the 90 days.  

4. Meeting Policy

Ms. Buono explained that she added the following sentence: The written meeting minutes are considered the official record and retained permanently also added: May be obtained at the Town Hall while available and upon request.  Selectman Hartman moved to adopt the Town of Warner Meeting Policy as submitted.  Selectman Karrick seconded the motion; all were in favor, the motion passed.  

5. Administrator’s Report

Poverty Plains Road Property – The closing took place on July 31st for the property on Poverty Plains Road and the deed has been recorded.  Once the Town’s expenses have been calculated, the proceeds will be forwarded to the prior owner’s Estate.  

Building Improvements – If the Board agrees, Ms. Buono would like to request that the Board approve expenditures of up to $1,000 out of the Town Hall Building Improvements Capital Reserve Fund for the purpose of building a counter in the Selectmen’s Office similar to the one in the Town Clerk’s Office, and either install new panic buttons within the building or purchase more of the same ones we currently have and if affordable, purchase and install a push button system for the side door which will enable easier handicap accessibility.  The counter will allow an area to better service the public as well as define the space needed for office staff functions.  Employee and resident safety is extremely important and it is apparent that we need take an inventory of the panic buttons currently within the office and purchase more if necessary to insure that each department/employee has one in the event it is needed.  The need for these has already been recognized by the existence of those we currently have.  With regard to the push button for easier handicap accessibility, there are several times during the year that the side door sticks making it a challenge to open if someone is not able to utilize their full upper body. A system such as this will help in those situations.  Selectman Hartman moved to approve the improvement plan for the Selectmen’s office as well as the panic button and handi-cap accessibility improvements up to $1,000.  Chairman Cook asked to add an amendment to include the counter only at this time to be followed by costs for the panic buttons and accessibility improvements.  Selectman Hartman moved to approve the improvements in the Selectmen’s office for the counter.  Selectman Karrick added to proceed with obtaining costs for the panic buttons and accessibility improvements.  Selectman Hartman seconded the amendment.  John Healy recommended a site vulnerability assessment; the cost is around $5,000.  Mr. Healy said that he has completed such an assessment for companies.  All were in favor of the amended motion, the motion passed.  Chairman Cook asked for a vote on the motion; all were in favor, the motion passed.  

Warner Outreach Luncheon – The Board of Selectmen have been invited to attend a luncheon at the Senior Room at the Old Graded School on Wednesday, August 13th for the purpose of honoring those who have volunteered over the years for the luncheons as well as a special thank you to Silvia & Al Blanchette for their devoted service.  Selectman Karrick will attend the luncheon.  

Budget Committee Meeting – The Budget Committee Meeting previously scheduled for Tuesday, August 12th has been changed to Wednesday, August 13th due to a scheduling conflict with the Chairman.  

Transfer Station – Richard Carter is interested in being an on-call attendant at the Transfer Station.  Due to a medical leave by one employee, on-call attendants will be used over the next couple of weeks.  Selectman Karrick moved to offer Richard Carter an on-call position at the Transfer Station.  Selectman Hartman seconded the motion; all were in favor, the motion passed.  

Oil & Kerosene

Because the prices are beginning to fluctuate the Selectmen discussed purchasing a portion of the gallons (13,300 gallons) required for the year.  Mr. Eigabroadt recommended to the Board of Selectmen to have a clause entered into the contract if the price reduces so will the contract.  Selectman Karrick said that there is an added charge for such a contract.  Selectman Hartman moved to purchase 10,000 gallons from Irving Oil at $4.272 per gallon for #2 fuel.   Selectman Karrick seconded the motion.  Ron Wirth asked what happens if Irving refuses the $10,000 gallons.  Chairman Cook said the Town would return to the bid process.  Ken Klinedinst said that he has heard that Irving has a tendency to not deliver in this area because they are Canadian.  Judith Rogers asked if there has been discussion on how to conserve energy.  Chairman Cook said the Energy Committee is looking at having PSNH perform an energy evaluation.  Mr. Eigabroadt said that he heard on the news that the oil prices will be coming down even further. Chairman Cook called for a vote on the motion; all were in favor, the motion passed.   

Selectman Hartman moved to accept the bid proposed by Rymes for $4.639 per gallon for kerosene.  Selectmen Karrick seconded the motion; all were in favor, the motion passed.  

6. Barbara Annis – Bid Policy

Ms. Annis asked the Selectmen to explain the bid policy.  The Planning Board sent out 8 RFPs for engineering services regarding traffic design study at exit 9, they received no response.  The Planning Board requested information from towns that have completed similar work, New London , Goffstown and Meredith responded.  Ms. Annis did receive a recommendation for a gentleman named Todd Clark; Barbara Annis, Paul Violette and Ed Mical will meet with him.  Ms. Annis asked the Board if she would need to obtain 2 more costs.  Ms. Buono explained that the Board of Selectmen has the authority to waive the bid process.  Chairman Cook suggested speaking with Mr. Clark and bring forward the information.   

7. Tax Collector – Marianne Howlett

Ms. Howlett reviewed a list of remaining properties that qualify for deeding with the Selectmen.     

Selectman Karrick moved to deed the partial interest Map 6 Lot 31 and Map 6 Lot 35.  Selectman Hartman seconded the motion; all were in favor, the motion passed.  

The Tax Collector discussed 15 Pleasant Lane which is located within the mobile home park.  Martha Mical asked if the taxes owed are waived can the owner of the mobile home park be approached about purchasing the lien.  Marianne Howlett will find out more information about waiving.  Ms. Howlett explained that if the Board chooses to hold off for two weeks they would need to hold off on all the properties listed for deeding.  Chairman Cook moved to waive the taxes on 15 Pleasant Lane because the Board of Selectmen in its judgment, acceptance and ownership of the real estate would subject the municipality to undesirable obligations and liability risks.  Selectman Karrick seconded the motion.  Selectman Hartman wants it to be understood that the word waive means the taxes are still liable to be paid.  Chairman Cook explained that the Town is not abating the taxes only not accepting the deed.  Chairman Cook amended the motion; the Board of Selectmen notify the Tax Collector that they will not accept the Tax Collector’s deed because in its judgment, acceptance and ownership of the real estate would subject the municipality to undesirable obligations and liability risks. Selectman Hartman asked if there is a RSA not allowing the collection of taxes beyond three years.  Ms. Howlett said as long as the lien is not removed, taxes can be collected.  Ms. Buono explained with the mobile home, if the Board deeds the property the Town is now responsible for the monthly rental fee for the lot or the cost to remove it.  Chairman Cook asked for votes on the motion, all were in favor, the motion passed.  

Selectman Karrick moved to deed the property located on Map 16 Lot 18.  Selectman Hartman seconded the motion; all were in favor, the motion passed.  

Selectman Karrick moved to deed the property located on Map 2 Lot 5.  Selectman Hartman seconded the motion; all were in favor, the motion passed.  

Selectman Karrick moved to deed the property located on Map 7 Lot 67.  Selectman Hartman seconded the motion; all were in favor, the motion passed.  

8. Odd Fellows Building Committee

Jim McLaughlin gave an update of the last 8 months, basically the Committee was working with CATCH for potential residential use, the cost for renovation is estimated at $2million plus, CATCH has withdrawn their interest.  Assisted senior living was also considered, State law prohibits the height of the building.  The Committee is faced with looking at public monies available through grants in repairing the infrastructure.  This would include foundation, drainage, first floor framing, slate roof, exterior ventilation and windows/doors; the estimated cost is between $250K - $450K.  The Town of Warner would be used as leverage to secure the grants which are not available to the public sector.   The Committee is waiting to hear from two contractors with their estimates. Asbestos removal is estimated to cost $5,700.  Mr. Closs stressed that the change in strategy is economy driven and the public subsidy has become essential.  Another questioned raised is if the Selectmen will consider establishing a drainage committee to work with Simonds School addressing extensive drainage issues.  The Committee asked if they should begin researching grants that are available to the municipality.  Selectman Karrick said he understands then the lowest cost option for the Town is to maintain the building until the economy changes.  Jim McLaughlin said that he is not sure, the cost identified to fix immediate problems runs as high as $250K.  Rebecca Courser noted the continued drainage problem that comes from the school and then under the building, there is damage to the sills.  The school is in the process of arranging their priorities, their engineering RFPs are scheduled to go out in September.   

Chairman Cook has two concerns; one is having something ready to ask the town at Town Meeting.  Chairman Cook feels that voters should be asked about what direction they would now like to go with the building, there are strong feelings on both sides of the issue, a presentation should be considered for Town Meeting.  The other concern is the amount of money that is needed to secure the building, will the market ever be at the place for this to be feasible.  Rebecca Courser said it depends on whether or not the building is returned to the private sector or if the building is kept as a public entity.  At one point it was mentioned that the Town Hall is not going to be big enough to house everything, maybe the Odd Fellows Building could be frozen until the Town is ready to expand.  

Selectman Hartman understands the proposal as being the $250K-$450K investment to repair the infrastructure.  Jim McLaughlin said the committee is still looking at other options for stabilizing the building.  Mr. Closs added that LCHIP posted a public notice about a grant round beginning December 1st, however, the amount is still unknown.  Other grants are CDFA which is funded through the State Tax Credit and there is no cost to the Town.  The deadline for this grant is September 12th of this year.  Moose plate grant has a $10K maximum and is a 50/50 match.  Scenic Byways Fund is a 80/20 match as well as the Transportation Enhancement grant.  Mr. Closs feels the CDGB fund is a long shot if it is decided the building would not be used as a public facility.   

Mr. Closs did obtain estimates for the roof and foundation; the roof would cost approximately $40K and the foundation repair $100K.  

9. Manifest

Selectman Hartman moved to authorize the Selectmen to sign manifests and order the treasurer to sign payroll check numbers 1074 – 1105 in the amount of $29,534.63 (includes 6 direct deposit stubs) and accounts payable check numbers 41976 – 42035 in the amount of #133,281.99.  Selectman Karrick seconded the motion; all were in favor, the motion passed.  

10. Meeting Minutes

Selectman Hartman moved to seal non public meeting minutes dated 3/22/2005 and 04/05/2005 .  Selectman Karrick seconded the motion.  Mr. Klinedinst asked for the reason.  Selectman Hartman explained that the minutes are of personnel nature and should have been sealed at the time of the non public session.  Mr. Klinedinst asked if the minutes are going to be sealed or placed in the personnel files.  Selectman Hartman explained the minutes will be sealed and placed in the personnel files.  Mr. Klinedinst disagrees that the minutes can be sealed three years later.  Mr. Eigabroadt asked if the minutes were subject to a 91-A request.  Chairman Cook answered no.  Judith Rogers thought if the information is not sealed at the time of the original meeting the minutes became public or after a certain amount of hours the minutes became public.  Chairman Cook explained that is true, but through attorney advice at Local Government Center the Selectmen are now sealing the minutes.  Ms. Rogers said she would question that advice with the Secretary of State because of the length of time.  Mr. Klinedinst asked if the advice received is in writing.  Chairman Cook said yes.  Chairman Cook asked for a vote on the motion; all were in favor, the motion passed.  

11. Evans Mart Temporary Signage

Martha Mical asked if there is a time limit for the 90 day promotional signs, can they run a sign one after the other.  Chairman Cook does not believe there is an ordinance preventing that.  Martha Mical is concerned that too much signage will result which could be over their site-plan.  The Selectmen will send the application to the Planning Board for clarification.  

12. Meeting Minutes

Selectman Hartman moved to approve meeting minutes dated July 8, 2008 .  Selectman Karrick seconded the motion.  All were in favor.  The motion passed.   

13. General Business

Selectman Karrick moved to consult with Town Counsel regarding a policy to be put in place regarding solicitations and demonstrations on Town property or property used by the Town to specify where on the property solicitors, politicians can be located.   Currently there is no clear policy.  Selectman Hartman seconded the motion.  Mr. Healy asked if there is a specific reason for the policy.  Selectman Karrick said no specific reason.  Mr. Healy asked if the policy has to do with a certain group being asked to remove a sign at the Transfer Station a week ago.  Selectman Karrick did not feel he had to answer Mr. Healy’s question.  Mr. Healy disagreed.  Chairman Cook asked for a vote on the motion; all were in favor, the motion passed.  

Mr. Eigabroadt advised the Board of Selectmen to be very careful regarding their proposal.  

14. Resignation

Selectman Hartman moved to accept the letter of resignation addressed to the Town of Warner, hand delivered, reading as follows: Dear Board of Selectmen, I hereby resign my position with the Town of Warner and agree not to seek further employment  with the Town at anytime in the future.  This resignation shall be effective at 11:59 p.m. on December 31, 2008.  Sincerely Paul Fouliard.  Selectman Karrick seconded the motion.  Mr. Senor asked why now.  Selectman Hartman explained that the resignation was never officially moved by the Board of Selectmen.  The resignation was accepted during mediation but never as an official act.  Mr. Wirth said that part of the settlement is that Mr. Fouliard would be on administrative leave until December 31, 2008 , he feels the Board cannot make the motion.  Chairman Cook explained the motion contains the December 31st date.  Mr. Wirth said there are people in this Town that will object to the motion.  Chairman Cook called for a vote; all were in favor, the motion passed.  

15. General Business & Public Comment

Selectman Hartman explained that the Planning Board did take up the Wagner proposal which is complicated and challenging and further discussion will take place on August 18th.  

Selectman Hartman explained that the Transfer Station Facility Committee continues to meet on a regular basis.  

Selectman Karrick asked about people on Town committees, if they are involved in a suit against the Town should they continue serving in the committee capacity.  Chairman Cook didn’t see a problem.  Selectman Hartman questions if they should.   

Chairman Cook asked if the Building Inspector had a chance to go out to the property owned by Tom Dunn.  Ms. Buono explained that an oven is not considered a structure.   

Selectman Hartman noted that Mr. Carlson (Madgetech) has vacated the property.  Ms. Buono said she will follow up with a letter to Mr. Carlson regarding the structure that was built without a building permit.   

Mr. Healy said he requested to be placed on the August 5th agenda and was advised that Town Counsel was unavailable on that date, but he would be placed on the August 19th agenda.  He found that response unusual because his discussion was with the Board.  Mr. Healy asked why Town Counsel was asked to attend.  Chairman Cook said because Town Counsel was asked by the Board.  Mr. Healy withdrew from the August 19th agenda and presented something in writing to the Board of Selectmen for them to answer within 5 days.  

Motion to adjourn

 

Board of Selectmen    

Richard A. Cook – Chairman
David E. Hartman
David Karrick Jr.  

Respectfully submitted,

Mary Whalen, Recording Secretary