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Warner Board of Selectmen
Meeting Minutes
Tuesday,
August 18, 2009
Chairman Karrick opened the meeting at
6:00 p.m.
In Attendance:
Selectman David Karrick, Jr. – Chairman, Selectman David E.
Hartman, Selectman
Clyde
Carson &
Town Administrator – Laura Buono
Absent:
None
Others present: Krista Katz, Eric Rogers, Greg Colby, Martha Mical,
Richard Fisher, Jeanne Hand, Ken Benward, Peter St. James, Ed Mical,
Dick McGee, Francis McGee, Bob Bogamo, Tom Payne, Varick Proper and
Debra Buckley
1. Krista Katz – Glacial
Energy
Ms. Katz along with her associates Eric
Rogers and Greg Colby met with the Selectmen to discuss alternative
electricity supplied by Glacial Energy.
Ms. Katz has already spoken with the members of the Energy
Committee and wanted to bring information before the Selectmen because
she feels the Town has an opportunity to save a good amount of money on
the electricity portion of the utility bills.
Information was provided to the Selectmen.
Ms. Katz explained that the electricity is the same quality; the
Town would still be a customer of Public Service of NH.
Glacial Energy saves money on the electricity portion, people who
have signed up with Glacial Energy have seen a 23% cost savings.
Chairman Karrick asked how the process works.
It was explained that Glacial Energy is able to go out everyday
and purchase the cheapest power on the market anywhere on the grid.
Glacial Energy does not have locked in contracts, it’s a month
to month contract that allows customers to switch back if they so
choose. Chairman Karrick
asked who owns Glacial Energy. Mr.
Colby said it is a large corporation; the people that run Glacial Energy
now started about fifteen years ago and went through ten years of
deregulation in
Australia
. As soon as the
United States
started deregulating, Glacial Energy opened here.
The corporate office is in
New York
, another office is in
Texas
. Glacial Energy is licensed
in 14 states,
New Hampshire
being one of them. It takes
12 – 18 months to achieve a license to resell electricity.
Glacial Energy has customers from all over the world.
Chairman Karrick asked if Glacial Energy is a publicly held
company. Mr. Colby said the
company is not public yet.
Selectman
Carson
spoke to Ms. Katz at an Energy Committee meeting.
He has been doing some analysis on the electricity bills.
Selectman
Carson
asked PSNH some question: one is if the Town uses them for their
delivery system and not the power would the Town be a priority customer
during a power outage? The
second question is: PSNH provides a number of consulting
services/support, would that still be provided if the Town chooses to
purchase power elsewhere? Another
question Selectman Carson asked of PSNH is what the cost would be to the
Town if it is decided to stop service with Glacial Energy and go back to
PSNH; he has not yet heard back from PSNH.
Eric Rogers explained that by law PSNH cannot treat the Town any
differently from any other customer; the Town would still be a PSNH
customer buying a commodity from Glacial Energy; that does not affect
repairs such as a power outage from an ice storm.
The point about consulting services, the Town again is still a
customer of PSNH, those services should still be provided as well as
switching back; there should be no fee to switch electricity providers.
Mr. Rogers explained that PSNH would read the meters and provide
the information to Glacial Energy who in turn would invoice the Town.
There are at least 12 other companies doing what Glacial Energy
does; however, Glacial Energy offers a month to month contract as well
as wholesale prices. Glacial
Energy purchases electricity and sells it. There are other companies
that are dealers and they will purchase from Glacial Energy and mark it
up. Glacial Energy
statements and bills are electronic and can be customized. There is low
overhead which results in more savings being passed on to its customers.
Glacial Energy also makes contributions on behalf of all its
customers to chosen charities. The
Town Administrator asked what the average savings is over a year versus
PSNH with their current customers. Ms.
Katz said within the information provided to the Selectmen over a 9
month period a company in Newport, NH experienced a 25% cost savings.
The Town Administrator asked how many current customers Glacial
Energy has in this area. Mr.
Rogers said there are 15 commercial customers that have signed up in
thirteen weeks. Ms. Katz
also added that some competitors will only take buildings with a certain
amount of usage. The Town
Administrator asked, because the Town is a non-profit entity could a
contribution be made to the Town? Ms.
Katz said yes, the contribution can be fed back into the Town as well as
receiving a better rate because the Town is a non-profit.
Mr. Rogers encouraged the Town to follow
through allowing them to provide a quote.
The Town Administrator will contact Mr. Rogers when the
Bookkeeper returns from vacation.
2. Jeanne Hand
Jeanne Hand toured the High School at the
end of the last school year with the then current Principal.
During the tour she asked about the $40K that would be used to
empty and clean the tanks in the chemistry lab, she said the Principal
was not aware of such an expenditure.
She noticed that there is no dress code for the teachers.
She also had the feeling that the schools curriculum was not much
different than when she attended in the 1950s.
One difference she noticed however was that the curriculum does
not include education regarding nuclear threat.
She also said the High School is not accredited; math scores in
general are low. Ms. Hand
provided a pamphlet about nuclear threat and would like the Selectmen to
think about what they would like the students to learn.
Jeanne Hand also feels that the
School District
will need to ask for more money in regards to moving the SAU offices
into the old Middle School.
3. Richard Fisher – Shooting on Property
Mr. Fisher received a Cease & Desist
Order from the Town for operating a shooting range on his property.
Mr. Fisher said that the Order calls the shooting range a
commercial shooting range. Chairman
Karrick said in the Order it is called just a shooting range.
Mr. Fisher said he was accused of having a commercial shooting
range. Mr. Fisher confirmed
that he does have a shooting range on private property; he invites
friends over to shoot. Chairman
Karrick said but if your charging individuals…… Mr. Fisher said he
is not charging individuals. He said what he used to do was he bought
the clays, food, ammunition etc. and at the end of the night everyone
would chip in; now he says he delegates, someone else buys the clay,
food etc., he said there is no more money coming his way.
Chairman Karrick asked what are the hours and days normally……
Mr. Fisher said they began shooting back in December at
11:00 a.m.
25 rounds of clay and then they would have lunch.
He then changed to Tuesday’s starting at
4:00 p.m.
; people complained so he moved the time to
3:00 p.m.
, after that he said there were no more complaints.
Mr. Fisher said he tries to accommodate the neighbors and will
not shoot after
5:00 p.m.
, he also said the longest period of shooting has been 1.25 hours.
Mr. Fisher said most of the time when five guys show up on
Tuesdays they are done within 1 hour.
Mr. Fisher said he is hearing stories that he shoots 2-3 hours at
a time and shots raining down on other properties.
He said the course is set up so that nothing leaves his property.
Mr. Fisher said the police have inspected the site, he said the
police liked it so much that they would like to shoot there.
Chairman Karrick confirmed that Mr. Fisher is shooting on his
property located on
North Village Road
. Mr. Fisher said correct.
Chairman Karrick said the area is fairly populated.
Mr. Fisher said yes, but practically everyone in the neighborhood
shoots. Mr. Fisher said
Peter St. James who is in the audience has a range at his house, and he
invites friends over to shoot. Someone
in the audience said that he has been over to Mr. Fisher’s home on
several occasions and has heard neighbors shooting; he also said, they
are using shot guns not rifles or pistols.
Chairman Karrick said the Selectmen are receiving different
stories from different people. An
audience member said that he has shot at Mr. Fisher’s property several
times and Mr. Fisher has not asked for any money from him.
The Town Administrator said to Mr. Fisher that he is adding the
term commercial into the Cease & Desist, it’s not in there.
She said the issue is the shooting is bothering the neighbors,
whether Mr. Fisher is charging or not the noise to the neighbors is
still a nuisance. Charging a
fee would be a different issue; it would bring it to a commercial
business. The Town
Administrator said she had discussed in depth with Mr. Fisher the basis
of the Cease & Desist Order which is the number of complaints that
have been received about the shooting which makes it a nuisance.
Mr. Fisher said he is not running a shooting range, he said he
has a couple of clay throwing machines, he has a 5 stand course set up
that friends come and shoot at, he’s been doing it since last
December. The Town
Administrator said during her meeting with Mr. Fisher there were a lot
of issues discussed that were inconsistent; the bottom line is the
nuisance is still there. Mr.
Fisher said the maximum they ever shoot is two hours.
The Town Administrator said that is inconsistent to what was
previously stated by Mr. Fisher. Selectman
Hartman asked some questions for his own edification.
He clarified that the nuisance is the regulation, and the Town
can regulate for an excess or annoying amount of noise.
Selectman Hartman asked if it is OK for him to shoot on his
property. The Town
Administrator said yes. Martha
Mical added that if there is property within the Precinct there is a law
that does not allow shooting within the Precinct.
Selectman Hartman said if a neighbor of his was shooting in the
direction of his property he to would go to the Selectmen for
enforcement. Mr. Fisher said
the course is set up so that the shooting is directed away from all
properties, and all the shot is being contained in the tree line on his
property. Selectman
Carson
agrees that shooting consistently would become a nuisance to neighbors.
He said he lives about a mile away and he can hear the shooting.
Mr. Fisher addressed the Zoning
Ordinances, he said there is nothing within the ordinance that addresses
noise and it is completely open ended.
Mr. Fisher feels the Town is opening up objections to lawn
mowing, chain saws, etc., and he feels if that if someone feels lawn
mowing is a nuisance then the Town is obligated to shut them down.
Selectman
Carson
asked Mr. Fisher if he has tried to be sympathetic in accommodating his
neighbors. Mr. Fisher said
he accommodated his neighbors by changing the start time to
3:00 p.m.
, he also said that he does not shoot after
5:00 p.m.
Mr. Fisher said he is
willing to compromise. Selectman
Hartman asked the Town Administrator if hours of operation could be
arranged. She said if the
Selectmen set hours of operation the Selectmen are giving their approval
to operate a shooting range which needs approval by the Zoning Board.
Mr. Fisher said he is not running a shooting range.
The Town Administrator clarified by saying a shooting course with
5-8 people that come over every Tuesday that closes by
5 p.m.
Mr. Fisher said it is an
invitation only ladies’ and gentlemen’s club.
The Town Administrator again pointed out the inconsistencies and
again if Mr. Fisher is going to have a club that shoots on a course it
needs a special exception from the Zoning Board.
Mr. Fisher said that he used the club phrase as a joke.
Chairman Karrick asked for questions from
the audience:
Ken Benward lives very close to Mr.
Fisher; he too likes to shoot guns and usually goes out further into the
woods so that he is not near someone’s house.
His concern is the shooting that goes on at Mr. Fisher’s house
definitely goes on for more than one hour and there have been times when
it has been probably been three hours and it has been past 5:00 p.m.
Mr. Benward said he can’t watch the news with a window open
because all he can hear is shotgun blast.
Chairman Karrick asked Ken how far away he lives from Mr. Fisher.
Ken said from where they are shooting to his house is about 500
feet. Mr. Fisher doubted the
distance. Ken said it is a
big annoyance to have any amount of people shooting on a regular
schedule; it gets everyone’s dogs barking.
No one can enjoy their property; it doesn’t have anything to do
with people cutting fire wood or mowing their lawn.
Ken has never heard anyone in the neighborhood complain about
others cutting wood or mowing their lawn.
Ken said to Mr. Fisher that he did not ask to have a shooting
range; he asked to have a dog kennel which no one objected to.
He said Mr. Fisher never said anything about opening up a
shooting range across from his house and that’s what he has a problem
with.
Debra Buckley lives very close next to Mr.
Fisher. She said she is home during the daytime working on her
master’s degree and finds the shooting very annoying.
She also said her yard is full of clay pigeons.
Selectman Hartman said there is a Cease
& Desist order that exists right now.
The Board will take into consideration all comments; resolution
will not take place this evening.
Martha Mical asked the Selectmen when they
are considering all the comments this evening if they could include the
Warner Fish & Game range because she feels that too is very
annoying. She said if
you’re going to do it for one, it needs to be done for all.
Mr. Fisher said there is a resident on
Bean Road
that has a Class II license shooting machine guns at
9 – 10 p.m.
Mr. Benward said he believes the Warner
Fish & Game Club was established well before State guidelines. It is
set up as a shooting range in a place designated for a shooting range.
He feels it is not the same as Mr. Fisher; he is trying to start
a new range.
Peter St. James said to Martha Mical that
RSA 159 articles 1-8 that was passed by the Legislature in 2004 states
if there is an existing shooting club as of that date noise, shooting,
etc. restrictions cannot be changed.
Debra Buckley asked if there is a concern
with the clay targets being shot over the river.
Chairman Karrick said that he has not looked at the property to
see where the shots are being directed.
Someone said the shots are being directed towards the river.
It was clarified that the water way is a brook and not the river.
Selectman Hartman recommends a site visit.
The Town Administrator will arrange the site visit.
Someone asked about the Cease & Desist Order.
Chairman Karrick said the order remains in effect until a
decision is made.
Someone asked how they will be informed of
the Selectmen’s decision. Chairman Karrick said the neighbors will be
contacted.
Selectman Hartman asked Ms. Buckley to
leave any debris where it is until after the site visit.
4. Ash Removal Proposals
Transfer Station Foreman, Varick Proper
met with the Selectmen to discuss two proposals for disposing ash from
the burn pit. Selectman
Hartman asked if the Town is still at a point of trying to decide if
there are adequate funds to cover the operations of the Town until
December, should the ash removal be delayed until next year.
The Town Administrator explained the figures that she provided to
the Selectmen included the disposal of the ash.
Mr. Proper received three proposals; one
was not credible, the remaining two are from Environmental Projects Inc.
and
Clean
Harbor
. Mr. Proper estimates the
amount of ash to be 75 tons,
Clean
Harbor
estimates 80 cubic yards (1 cubic yard = 1 ton).
Selectman
Carson
asked if this is the last item the Town was cited for in the deficiency
letter. Mr. Proper said
there is one more item which is the management of glass; to screen the
existing glass pile to a one inch tolerance and to find a use for it.
Selectman
Carson
asked what the penalty would be if the ash is disposed of next year.
Mr. Proper said that would be a question for the State as far as
pursuing a regulatory action against the Town.
The cost for a penalty is unknown.
The Town Administrator explained to not dispose of the ash this
year the Town would need to show the Department of Environmental
Services financially that the Town could not afford the expense this
year. Selectman
Carson
asked if it would be beneficial to spread the disposal cost out.
Mr. Proper said the disadvantage is the set-up fees.
The estimated cost of disposing the ash is EPI $25K and Clean
Harbor $28K. Mr. Proper favors EPI because of the additional testing, as
well as fewer taxes and fees imposed because the material would be taken
to
Quebec
. Another factor Mr. Proper
recommends is having the soil tested after the ash is removed; this
would be a budgetary item for 2010 especially if there are other
disposal issues with the soil. Selectman
Carson
’s concern is overspending the budget.
The Town Administrator explained the worst case scenario would be
less money in the bottom line of the budget to put back into the general
fund. The $30K revenue
shortfall has been covered from the paving line.
Selectman Hartman is more concerned about EPI testing the ash and
finding out they will not be able to commit to the contract; Chairman
Karrick said that could be negotiated within the contract.
Selectman Hartman moved
to contract with Environmental Projects Incorporated not to exceed the
cost of $26K provided the material can be accepted by Stablex Canada,
Inc. Selectman
Carson
asked if there is any future liability to the Town regarding the stored
ash. Mr. Proper said the
Stablex website explains how the material is processed into non-leaching
cement like state but he will obtain clarification on the liability.
The Town Administrator said the Town has not had that type of
liability for hazardous waste. Chairman Karrick seconded the motion; all
were in favor, the motion passed.
5. Administrator’s Report
Budget – The Budget Committee schedule has been set.
The Town Administrator has sent a memorandum to all Departments.
She will begin meeting with Department Heads in September to
begin going over their proposed 2010 budgets.
October 15th is the date set with the Budget Committee
to present the proposed 2010 Town Budget with meetings to follow on
updates/changes on November 12th & December 10th.
The health insurance figures will not be known until November.
The Town Administrator will be speaking with
Local
Government
Center
about different options that may be available to lower the cost of
health insurance. Selectman
Carson
asked what the process is in regards to the Department Heads.
The Town Administrator explained that in the past the Board of
Selectmen informed her of what their wishes are as well as the Budget
Committee. The Town
Administrator has already informed the Department Heads of a level/lower
budget for 2010. She would
also like the departments to bring forward what they feel is needed to
continue to run at the rate they are running.
Selectman Hartman explained that before the Town Administrator a
lot of meetings and time was spent by the Selectmen as Liaison’s to
the departments in creating a budget. Now the day to day business is
done by the Town Administrator for the Selectmen.
Selectman Hartman recommended a discussion between the Board for
direction to the Town Administrator.
Selectman
Carson
is concerned because a lot is unknown on the State level.
Martha Mical asked if she is correct in
saying that the Budget Committee has not yet agreed to the meeting
schedule. The Town
Administrator said the Chairman and Vice Chair set the schedule; there
is opportunity to add additional meetings.
Selectman
Carson
said his personal need is to become attached to the process as well as
utilize the Town Administrator to the fullest.
He would like the opportunity to talk to the Department Heads.
The Selectmen discussed when they would like to interact with the
Department Heads. Selectman
Carson
asked when the Board inserts itself into health insurance discussions.
The Town Administrator said she will present changes and
different plans that have minimal impact to the employees keeping in
mind that may not always be the case.
Selectman
Carson
will contact the Town Administrator and let her know what departments he
would like to sit in with when she begins meeting with them.
Budget & Finance Workshop – The annual Budget &
Finance Workshop offered through
Local
Government
Center
is being held on Tuesday, Sept. 22nd in
Bedford
,
NH
. Currently there are three
people signed up to attend this session, Mike Ayotte, Martha Bodnarick
and Clyde Carson.
Warner in the News – This morning at the Warner Business
Association meeting it was announced that both the NH To Do magazine and
the Kearsarge Magazine will have articles about Warner in upcoming
issues (October and December). The
October issue will cover what Warner offers and the December issue is a
story about the Festival of Trees.
The WBA is still working hard on the project of changing over to
a Chamber of Commerce with the goal to finalize it all by years end.
Azmy Property – The Azmys have not contacted the Town with
regard to the letter that was sent a few weeks ago and have not
registered the many vehicles. The
health officer is still in contact with him with regard to the odors
coming from his property. The
next step is to call Mr. Azmy and schedule a meeting so that the
Selectmen can tour the property and photos can be taken for the file
& to include with the Department of Environmental Services letter. The
Town Administrator recommended during the site visit to have the town
line through the property determined by global positioning system.
6. Current-Use-Penalty
Martha Mical asked the Selectmen for their
decision on a current-use penalty in the amount of $28 on a property
that is owned by Mrs. Nevins. Selectman Hartman asked for an explanation
of the situation. Martha
Mical explained that Mrs. Nevins owns two properties, her own house and
her mother’s house. Mrs.
Nevins completed a lot line adjustment which was recorded in January
2008. The adjustment
was a trade of 6,000 square feet from the mother’s house to the other
house. Another 6,300 square
feet was traded from Mrs. Nevins’ house to the mother’s house.
The 6,300 square feet that was traded was in current-use which is
now for sale; the land should have come out of current-use at the time
of the lot line adjustment. Martha Mical has learned that the time limit
for issuing a current-use penalty is from 12-18 months from the date of
discovery. Mrs. Nevins called the Assessing Clerk today and asked if
there is a penalty. Chairman
Karrick added that the time of discovery of the penalty would be when
Mrs. Nevins called. Martha
Mical said if Mrs. Nevins were to take this to the Board of Land &
Tax Appeals the Town would lose because they would recognize the
recording date as the date of discovery.
Selectman Hartman asked who was supposed to catch the current-use
penalty. Martha Mical said
she moved a shed to where it should be on the property and changed the
acreage but did not catch the current-use penalty.
Selectman Hartman asked Martha if she was sure this situation
would not hold up with the Board of Land & Tax Appeals.
Martha said yes. Selectman
Hartman feels because of office error he recommends assessing a $0
penalty. Chairman Karrick is
concerned about setting a precedent.
Selectman Hartman said this is a lesson learned.
Selectman
Carson
moved to assess a $0 penalty on a
change of use for Map 11
Lot
11.
Selectman Hartman seconded the motion; all were in favor, the
motion passed.
7. Manifest
Selectman Hartman moved
to authorize the Selectmen to sign manifests and order the Treasurer to
sign accounts payable check numbers 43391-43432 in the amount of
$93,027.53. Selectman
Carson
seconded the motion; all were in favor, the motion passed.
8. Meeting Minutes
Selectman Hartman moved
to approve meeting minutes dated
July 28, 2009
. Selectman
Carson
seconded the motion; all were in favor, the motion passed.
Selectman Harman moved
to approve non public meeting minutes dated
August 4, 2009
. Selectman
Carson
seconded the motion; all were in favor, the motion passed.
9. Other Business
Selectman
Carson
reported that he will attend on Thursday, August 20, Energy Efficiency
101 at the
Local
Government
Center
sponsored by Susan Olsen.
Selectman Hartman reported on the Concord
Regional Co-op meeting that will take place on Thursday evening, August
20. Selectman Hartman is
Warner’s representative to the Co-op and he will be casting his vote
in the negative because there seems to be a lack of a financial planning
showing monies going back into the Capital Reserve Fund.
Selectman Hartman does not feel it to be wise to deplete the
Capital Reserve Fund to build a single-stream facility with no guarantee
that money will be placed back in to be used for the future.
This was discussed at the last Co-op meeting which John Warner,
Varick Proper and Selectman Hartman attended.
Also, another reason Selectman Hartman is voting against
single-stream is the Co-op does not have the minimum tonnage to run a
single-stream facility which is required in order to break even.
Selectman Hartman has spoken with the Director of the Co-op and
asked what the impact of
Concord
’s City Council vote a week ago was going to have on this Thursday’s
meeting.
Concord
had the same two reasons as Selectman Hartman.
Selectman Hartman believes there will be no vote.
Selectman
Carson
recommends a motion in support of Selectman Hartman’s vote if a vote
is taken at the Co-op meeting. The
Board agreed. Selectman
Carson
moved to go on record that the
Town of
Warner
is not in support of
constructing a single-stream recycling facility until there is a
financial plan and full tonnage.
Chairman Karrick seconded the motion; all were in favor, the
motion passed.
The Board of Selectmen will meet with
residents of
Hartshorne Lane
on Tuesday, August 25 at
7:00 p.m.
Capital Improvements Committee meets on
Thursday, August 20 beginning at
7:00 p.m.
located at the Town Hall. If
needed another meeting is scheduled for Monday, August 24th.
There will be Transfer Station Facility
meeting on Thursday, August 26 beginning at
7:30
located at the Transfer Station.
Selectman
Carson
asked in the interest of Warner, does the Town need to look at what is
going to be done with the Town’s solid waste.
Selectman Hartman said there is a Transfer Station Facility
Committee that has been meeting regularly to think these things through.
Selectman
Carson
asked if the single-stream facility would have a budgetary impact on
Warner. Selectman Hartman
explained if by chance the Co-op votes in favor of single-stream, the
Town of
Warner
has not voted to join. The
tipping fee is increasing next year no matter what is done.
Selectman
Carson
asked if options are being researched to minimize the tipping fees.
Selectman Hartman said the Transfer Station is working to reduce
costs by offering recycling and has reduced man power.
Transfer Station Foreman, Varick Proper added that Naughton
Recycling facility recently obtained permitting for demolition material,
which may have a decreased budgetary effect on the tipping and
transportation fees. Selectman
Hartman added that Naughton will also be taking the cardboard back to
process at his facility. This
would result in a process savings at the Transfer Station.
10. Adjournment
Motion was made and seconded at
8:30 p.m.
Board of Selectmen
David Karrick, Jr. – Chairman
David E. Hartman
Clyde
Carson
Respectfully submitted,
Mary Whalen
Recording secretary
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