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Warner Board of Selectmen
Meeting Minutes
Tuesday,
September 15, 2009
Chairman Karrick opened the meeting at
2:05 p.m.
In Attendance:
Selectman David Karrick, Jr. – Chairman, Selectman David E.
Hartman, Selectman
Clyde
Carson &
Town Administrator – Laura Buono
Absent:
None
Others present: Joan Zaia, Jim McLaughlin,
Hank Duhamel, Don Wheeler, Marianne Howlett, Brian Hotz, Wayne Face and
Rebecca Courser
1. Joan Zaia –
Odd
Fellows
Building
Ms. Zaia voiced her concern regarding the
Odd Fellows Building Feasibility Study that suggests twelve two bedroom
apartments. Ms. Zaia said
Church Street
is a very narrow street that has buses and cars dropping off and picking
up during the school season. The
school yard is used by neighboring children and she feels adding more
traffic on
Church Street
would place anyone who uses the school in danger.
Ms. Zaia asked if the noise that would be generated from the
construction has been considered as well as the impact the noise would
have on the children in
Simonds
School
. Ms. Zaia also said the
proposed apartments could bring as many as twelve new students to the
school system which would cost on the average per year $12,756.86 per
student increasing the Town’s portion by $153,082.
Ms. Zaia does not feel the property taxes from the
Odd
Fellows
Building
would cover twelve new students.
Ms. Zaia asked how this cost to the Town can be justified when
the Town already has a large payment to the school.
She also said there are many apartments available in the town
were the owners are finding it difficult to fill them so she asked why
build more? Ms. Zaia feels
the Town already meets the work force law that takes effect in January
2010. Ms. Zaia asked if the
Historical Society has had any say in the
Odd
Fellows
Building
project. She thanked the
Selectmen for their time and hopes the Selectmen will take her concerns
about this project seriously.
Selectman Hartman explained since 1999
there have been various groups that have been trying to find a use for
the building. Ms. Zaia spoke
about the recent study showing angle parking on
Church St.
she feels this is a safety issue. The
Selectmen said one of the main concerns is available parking for the
building. The Selectmen
asked Ms. Zaia what she would like to see done with the building.
She said she would rather see a park, somewhere to sit, she feels
there is enough work force housing in Warner.
Chairman Karrick explained the work force housing aspect of the
feasibility study is the possibility of Federal or State grants.
Ms. Zaia feels if grants are obtained by Federal or State
agencies then those agencies will be in control of the building.
Selectmen Hartman said he does not view the grants as a threat
for the Federal or State agencies having control.
Chairman Karrick also clarified that work force housing is not
the same as low income housing. Ms.
Zaia understands that but she would prefer the housing somewhere other
than next to
Simonds
School
. Ms. Zaia said she thought
this town wanted to remain as a small town, she feels developing the
Odd
Fellows
Building
is moving away from the small town feeling.
Chairman Karrick said there was a survey completed by the town
residents providing direction in moving forward to rehabilitate the
Odd
Fellows
Building
if at all possible. Ms. Zaia
didn’t feel the survey meant to make housing out of the building, she
thought it would be for a museum or an attraction of some sort.
Chairman Karrick asked who will then pay for the building. She
said the economy will change, money will become available.
Chairman Karrick agrees, but until then the building is
deteriorating. Ms. Zaia
feels if the building can’t be preserved economically for the
betterment of the Town then maybe rehabilitation should not be done.
Selectman Hartman also answered Ms. Zaia’s other question about
whether or not the Historical Society has been involved and he said yes,
they have been involved; Rebecca Courser represents the Historical
Society on the Odd Fellows Building Committee.
Ms. Zaia asked who makes the decision on
what to do with the building. Selectman
Hartman explained that the Board has been tasked with approving
agreements with interested parties in developing the building.
Selectman Hartman feels the
Odd
Fellows
Building
will be brought back to the 2010 Town Meeting.
Ms. Zaia would like to see the voters make a decision on the
building; she also asked if the taxpayers understand the cost.
Selectman Hartman said the taxpayers have said fairly
consistently that they do not want to invest money into the building
which the Selectmen have not committed to do so.
There have only been minimal costs to secure the building.
Ms. Zaia said the taxpayers should understand that there could be
a cost even after the building is rehabilitated.
Ms. Zaia’s final comment was she does not feel it is in
the Town’s best interest to rehabilitate the building for work force
housing.
2.
Odd
Fellows
Building
Update
Odd Fellows Building Committee member Jim
McLaughlin said TF Moran has completed the feasibility study which he
feels is useful and qualifies the Town for a Community Development Block
Grant (CDBG) for up to $500K. The
study has also presented a view on what the redeveloped site may look
like. Mr. McLaughlin said
Request for Developer Proposals were sent out in August; these did not
generate any response. Mr.
McLaughlin feels the response demonstrates the best course was not taken
in looking for proposals; the time frame was short, it was driven by the
consultants wish to complete their part of the project.
Mr. McLaughlin said he has been in contact with Mark Carrier from
Manchester
,
NH
who did attend a walk through of the building and appears to be
interested. Mr. McLaughlin
is working on scheduling a meeting with Mr. Carrier in the near future
where the Selectmen and the OFBC and talk about Mr. Carrier’s
interest. Mr. McLaughlin
also said the OFBC will need to develop another strategy for looking for
interested developers. Selectman
Carson
clarified that the CDBG is for some type of housing.
Selectman Hartman asked if the grant applies to community
facilities as well. Mr.
McLaughlin said it could but he does not feel that type of facility
would score as well as housing.
The Town Administrator presented paper
work to the Selectmen for the CDBG Feasibility Study: Code of Ethics,
Conflict of Interest, and the Financial Management, also the contract
for grant administration and request for release of funds certification.
The paperwork was reviewed and signed by the Board of Selectmen.
Selectman
Carson
asked what the alternative proposals are in terms of preparing for Town
Meeting. Mr. McLaughlin is
hoping for a clearer path by Town Meeting, he also said maintaining the
building needs to be considered. Mr.
McLaughlin said the building is limited to what the market will allow
and the cost for redevelopment is substantial, so the only alternative
he sees is going to public subsidies; which is the same conclusion the
first developer came to (Christopher Closs).
Chairman Karrick asked if all alternatives will be exhausted
prior to the 2010 Town Meeting so the Town can make a decision.
Mr. McLaughlin is hopeful. Selectman
Hartman asked if it is fair to ask the Town to express what they want to
do about the building one more time.
Mr. McLaughlin said to demolish the building the cost is about
$50K, to then develop a parking area the cost is about $50K - $75K, to
do temporary repair to the roof would could cost about $4K.
Mr. McLaughlin feels it will take another 2 years to get on a
stable path toward redeveloping the building.
Mr. McLaughlin said 2010 would be a good time to bring the
building back to the voters. Chairman
Karrick asked if there was interest at one time from a party that could
tear down the building at a lesser cost because they would recycle the
material. Mr. McLaughlin
could not confirm that interest. Mr.
McLaughlin said he will also obtain a cost to suspend the building from
any further deterioration. He
said the OFBC feels strong about preserving this building is in the
interest to the Town; to make it a productive part of the community.
3. Boundtree Easement
Brian Hotz from the Conservation
Commission said the final documents have been mailed to the property
owners for their signatures which will then be returned to the closing
agent. The Forest Society
has also signed the final documents.
The deed will be delivered to the closing agent who will wait for
all the documents to come in from the three different parties which will
then be reviewed. The
closing agent will then go to the Registry of Deeds update the title,
the survey and deed will be recorded and then the funds will be released
to the property owner. At
this time the Selectmen’s signatures are needed as executory interest
to the property for enforcement purposes.
Selectman Hartman said the last timber harvest completed on the
property seemed to be aggressive, he asked if the enforcement includes
future harvests on the property.
Mr. Hotz said yes. The
Selectmen proceeded to sign the final documents.
Selectman Hartman asked if there is a
complete file of all the easements stored in one location.
Mr. Hotz said the Conservation Commission is working on that, he
said there is a list available. Jim
McLaughlin added that the Commission is developing a conservation plan.
Mr. Hotz provided an update on the Bower
Farm; the Conservation Commission is still evaluating the property as a
potential town project. The
property easement is being appraised (482 acres); some of the land is in
Sutton
,
NH
who is also in favor of the project.
The Conservation Commission has completed a preliminary process
set-up for a potential Land & Community Heritage Investment Program
application to the State, this application needs to be authorized by the
Selectmen before it is submitted; Mr. Hotz will return to the Selectmen
in October for the authorization. Mr.
Hotz on behalf of the Forest Society thanked the Town of
Warner
.
Selectman Hartman reported that the
Planning Board has adopted the Capital Improvement Program which is
recommending zero funding for the Conservation Commission in 2010.
Mr. Hotz said the Conservation Commission feels they are doing
well in proceeding with their conservation efforts, great strides have
been made and the Commission has experienced support from the voters.
Mr. Hotz said the survey that was done by the Conservation
Commission shows support for their conservation plan.
Mr. Hotz said the Commission will be asking for funding this
coming year as well as the support of the Selectmen.
The Town Administrator said the CIP is a tool that the Selectmen
use when creating the warrants; it was confirmed that even though the
Planning Board is recommending zero funding for the Conservation
Commission that the Conservation Commission’s Capital plan is still in
the CIP. Jim McLaughlin feels positive about the way the Town of
Warner
has approached land protection using easements as a means of preserving
land instead of making the land town owned; the land is on the tax role.
Mr. McLaughlin said the savings is in future potential expense if
these remote areas are developed in terms of road maintenance.
Mr. McLaughlin feels it would make more sense to develop land
closer to the village where there are services.
4. Cemetery Lane
What is being called
Cemetery Lane
at this point is the entrance road into
Pine
Grove
Cemetery
which was reclassified as a Class V road.
Since there is already a road named
Cemetery Lane
, this section will need to be renamed.
Rebecca Courser from the Historical Society is concerned about
the historical integrity of naming this Lane.
She said the cemetery has been there since the 1850s.
Ms. Courser said in her conversation with the Assessing Clerk who
gives the 911 addresses said her concerns are roads named with similar
sounding names. Ms.
Courser recommends continuity; the columns at the cemetery entrance say
Pine
Grove
Cemetery
, she recommends naming the road either
Pine Grove Cemetery Lane
or
Pine Grove Lane
. Selectman
Carson
asked if this section could be named
Cemetery Lane
even though there is private land separating the two roads.
The Town Administrator said it may be difficult if there is a 911
call and the responders go down the wrong
Cemetery Lane
.
Mr. Face asked if there would be any
difficulty naming the road
Pine Grove Lane
. The Selectmen said there
is already a
Pine Lane
and 911 recommends road names that are not similar to other roads.
Chairman Karrick is in favor of naming the road
Pine Grove Cemetery Lane
. Selectman
Carson
is not apposed to changing another road name to eliminate confusion.
Selectman Hartman asked if
Cemetery Lane
should be renamed as a way of un-confusing “cemetery”.
Selectman Hartman feels that
Parade Ground Cemetery Road
and
Pine Grove Cemetery Lane
are different names and does not feel this would cause confusion for
emergency calls.
Chairman Karrick moved
to name the reclassified Class V road located at the entrance of
Pine
Grove
Cemetery
as
Pine Grove Cemetery Lane
. Selectman Hartman seconded
the motion; all were in favor, the motion passed.
5. Electioneering Policy - Discussion
Selectman Hartman feels item #5 within the
Electioneering Policy requires the Selectmen to designate areas for
public assembly at all Town-owned property that is designated as a place
of public assembly. Selectman
Hartman recommends changing the section that reads “designated as a
place of public assembly, is permitted only in designated areas and
designated times”. To read
“designated as a place of public assembly, is excluded
if needed in certain designated areas and designated times”. Selectman
Hartman said the reason for the Electioneering Policy was because the
Selectmen wanted to make sure people were not confronted with a “in
your face” type of campaigning and because of the number of complaints
that were received from residents trying to use the Transfer Station;
Town Counsel developed this policy for the Selectman.
Selectman
Carson
questions whether this policy was a reaction to a one time event that
may not reoccur. He is not
confident that a policy is actually needed, he feels people just need to
be more respectful of other people.
Selectman Carson said establishing areas such as 20’ from the
Transfer Station building, as a person campaigning he found it difficult
because people in general will not come up to you.
Selectman
Carson
said as many people that were angry about being approached at the
Transfer Station for various petitions; he feels more people were angry
about the Electioneering Policy. Again,
Selectman Carson questions the need for the Electioneering Policy.
Chairman Karrick feels there is a need for the policy, if
unimpeded access is allowed it allows residents the right not to be
harassed. Selectman
Carson
said he could be accused of harassing people when he was campaigning, he
found most people were very receptive and he feels the policy would not
allow the ability to approach residents so the person campaigning can
introduce themselves.
Marianne Howlett feels it would be hard to
enforce a lot of rules, she recommends signs saying something about
being respectful and about not blocking access to buildings.
The Town Administrator feels it’s
important to have a policy in place that does not allow harassment,
simplified so there is no monitoring. Selectman
Carson
asked if there is a complaint, what would happen.
Ms. Buono said with a policy in place the campaigner can be asked
to leave the facility; she also said the policy can be made more
positive.
Selectman
Carson
recommends giving a Department Head or Foreman the authority to regulate
campaigning. The Town
Administrator recommends changing the wording to include “campaigning
in a safe, respectful and non harassing manner; if complaints are
received violators may be asked to leave the premises”.
Selectman Hartman asked the Board members if they still feel the
Electioneering Policy is still needed.
Chairman Karrick said if the Board is going to keep the policy in
place he recommends adjusting section 5.
Selectman Hartman said he can work with the Town Administrator in
adding the adjustments that he suggested.
Selectman
Carson
feels the policy was created because of a one time situation.
Chairman Karrick added that the policy was created because of a
more or less one time situation but the intent to put the policy in
place was not for a one time event.
The policy was created to stay in place and be workable.
Chairman Karrick is in favor of working with the policy and
making it more user friendly.
Chairman Karrick recommends having
Selectman Hartman work with the Town Administrator on re-wording the
policy. The Board would then
consider the rewording and then decide whether to continue the policy or
eliminate it. Selectman
Carson
asked what the Board thought about signage promoting respectfulness
towards the residents; the members felt it was a good idea.
6.
Forest
Fire Warden & Deputy
Warden Appointments
Chairman Karrick moved
to appoint Ernst Nichols as Forest Fire Warden and Charles Baker,
Richard Brown, Gerald Courser, Allison Mock, Richard Cutting, Steven
Hall, Ronald Piroso, Paul Raymond III, Edward Raymond, Jr., Kalvin
Rogers and Philip Rogers as Deputy Fire Wardens.
Selectman Hartman seconded the motion; all were in favor, the
motion passed.
7. Barn Preservation Easement
The Selectmen are considering an easement
for property located on
856 Kearsarge Mountain Road
. The age of the barn has
not been determined; on the tax card 1920 is indicated as the year of
construction. The Town
Administrator said the information will be sent to the Historical
Society for their review. The
barn is currently being worked on to stabilize the structure.
The Selectmen will table scoring until information is
received from the Historical Society.
8. Administrator’s Report
Transfer Station Land – Allan
Brown has compared the draft deed for the Transfer Station with the
survey done by Provan & Lorber and has found a couple of corrections
that need to be done. Phillip
Miles from DOT has received the changes and will have the deed corrected
accordingly before having it signed and delivered in exchange for
payment from the Town.
Ash Disposal Contract – A copy of
the contract with EPI for the disposal of the ash pile at the Transfer
Station has been distributed to each of you for your approval and
signature by the Chairman. Selectman
Carson
asked what if it is found that there is more ash than anticipated.
The Town Administrator said the contractor would bring that
information to the attention of the town before proceeding.
The company would remove what has been contracted only, if there
is ash remaining the Selectmen can choose to either remove it this year
or budget for next year. Work
will be planned upon receipt of the contract.
The cost of disposing the ash will not effect the short fall in
revenue from the State. Selectman
Hartman moved to authorize the Chairman of the Board to sign the contract for
ash disposal with Environment Projects Inc. dated
September 4, 2009
. Chairman Karrick seconded
the motion; all were in favor, the motion passed.
Magtech – Mary Whalen has sent a
letter to the owner of Magtech with regard to a past building permit
that needs completion. The
permit was originally for a commercial addition which was built outside
the scope of the permit application at that time and which entangled the
owner in the planning board process.
Because of that process, Magtech moved from that building and it
is now being used as a residential property again.
The letter was sent so that the owner can complete the permit for
the addition that is there and have it inspected so that the unit is in
compliance.
Azmy Property – The Town
Administrator has been in contact with DES with regard to the Azmy
property and at this point, it would be best for the Selectmen to begin
discussions about the property in nonpublic session with regard to the
information received and a plan of action moving forward.
Capital Area Public Health Network
Update – The CAPHN has been meeting with school districts to
discuss H1N1 since students and staffs associated with schools (K-12)
are in one of the target ranges. They
will be discussing their feelings on holding clinics while schools are
in session. The State has
been holding weekly planning meetings to discuss the game plan for
administering the H1N1 flu vaccine.
The State will likely depend on the various networks to assist
with clinics by opening modified points of distribution (POD’s) and
CAPHN is working on getting the POD plans updated for such a scenario.
Selectman Hartman asked were Warner’s POD would be.
The Town Administrator said it would be in Contoocook, also if
people are in the targeted range they can go to their primary care
physician for the vaccine. Availability
for the vaccine looks to be in the beginning of October.
The Health Officer will be attending a meeting on September 16th,
the meetings are held on a monthly basis.
Sealed Non Public Minutes –
Sealed non public minutes are available for the Selectmen to review; the
review will determine if the minutes should remain sealed.
9. Manifest
Selectman Hartman moved
to authorize the Selectmen to sign manifests and order the Treasurer to
sign payroll check numbers 2052-2083 (includes 12 direct deposit stubs)
in the amount of $31,934.41 and accounts payable check numbers
43490-43557 in the amount of $450,617.84. Payable include a check to the
Kearsarge
Regional
School District
in the amount of $265,756.11. Selectman
Carson
seconded the motion; all were in favor, the motion passed.
10. Meeting Minutes
Selectman Hartman moved to approve meeting
minutes dated
August 25, 2009
&
September 1, 2009
, Site Walk meeting minutes dated
August 27, 2009
&
September 13, 2009
. Chairman Karrick seconded
the motion; all were in favor, the motion passed.
11.
Motion to Adjourn
Chairman
Karrick moved to adjourn at
4:27 p.m.
Selectman Hartman seconded the motion; all were in favor, the
motion passed.
Board of Selectmen
David Karrick, Jr. – Chairman
David E. Hartman
Clyde
Carson
Respectfully submitted,
Mary Whalen
Recording secretary
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