Warner Board of Selectmen

Meeting Minutes

September 28, 2004

Meeting opened at 5:30 p.m.

In attendance: Selectman Wayne Eigabroadt – Chairman, and Selectman Peter St. James

Recorder of the minutes is Mary Whalen.

First order of business: Deputy Director of Emergency Management along with Nancy St. Laurent presented a plaque to Ed Mical who has been awarded “Emergency Management Director of the Year” for the State of New Hampshire .  Mr. Mical has been Emergency Management Director for the Town of Warner for more than 10 years; he is a volunteer fire fighter and has retired from the Coast Guard after 30 years of service.  Mr. Mical has taken advantage of every opportunity to improve Warner’s emergency response capabilities.  Over the past year, Mr. Mical has established funding for various projects and equipment, organized teams and has donated many hours of his time.  A Hazard Mitigation Plan and a Town’s Needs Assessment have been completed and Mr. Mical is currently working on a Local Emergency Operations Plan.  Mr. Mical has conducted an emergency response drill this year and is working on a second. 

Jane Hubbard a consultant from the Office of State Planning met with the Selectmen to review the National Flood Insurance Program.  Federal Emergency Management Agency (FEMA) administers the Flood Insurance Program and the community participates by adopting floodplain regulations, which regulates development in the 100 year floodplain in exchange for anyone in the community to purchase flood insurance.  The Town of Warner does have a Flood Plain Ordinance in place (amended March 9, 2004 ).  The Building Permit system was reviewed; if the property falls within the flood zone then an Elevation Certificate and Flood Proofing Certificate are required.  The current maps were also reviewed.  The Exit 9 development was discussed, the area was filled to one foot above the flood level.  Jane Hubbard explained that because the maps show the Exit 9 area to be in the 100 year floodplain a” conditional letter of map amendment based on fill” will need to be submitted by the land owner.  Ms. Hubbard will send a copy of the conditional letter to the Selectmen’s office who will in turn forward the letter to the developer of Exit 9.  Residential lots would require a “letter of map amendment” (loma) if a structure has been elevated out of the floodplain.  Ms. Hubbard recommends that all paperwork should be placed in the property file to remain permanently.  All new construction within the 100 year floodplain should have an “Elevation Certificate”. The Town of Warner is required to monitor residents that are in the floodplain who perform improvements that are valued at 50% of the market value of the structure in one calendar year.  The Selectmen are currently considering internal building permits.  Currently in the Floodplain Ordinance it does instruct any residents that live in the floodplain to file for a building permit for any substantial improvement (50% of the market value).  Currently properties are flagged on the property card if they are in the floodplain.  FEMA is currently changing the maps to reflect county wide.  Ms. Hubbard will be sending a summary letter regarding the highlights discussed this evening and also a contact name for the new Coordinator. 

The Selectman reviewed submitted quotes for the electric panel at the Old Grade School .

          - Deschenes Electric quoted $1,700.00 for replacing the existing 200-amp main breaker panel board.

          - A verbal refusal was received by Richard Brown due to commitments, a memo will follow.

The Selectmen will take the received information under advisement.

The Selectmen discussed the balance of the windows that need replacement at the Old Grade School with Mr. Mical.  The Budget Committee noted that the fuel consumption has not improved greatly with the new windows that have been installed.  Mr. Mical commented that the two rooms that still have the old windows are the coldest rooms in the building.  There is also a significant difference in temperature in the rooms that have the new windows.  Also the building is occupied five days a week from 7:00 a.m. to 6 p.m. plus meetings on the weekends. 

David Hartman Representative to Concord Regional Co-op, met with the Selectmen to educate the current Board about the Guaranteed Annual Tonnage which is slated to be set in October 14, 2004 .  Mr. Hartman explained the process to the Selectmen and also recommended budgeting for a higher tonnage than what will be set at Concord Regional.  Mr. Hartman will return to the Board on October 5, 2004 for the Guaranteed Annual Tonnage request for the Town of Warner and will then take the set number to Concord Regional.  

Chairman Eigabroadt reviewed pending issues: a request to purchase Town property submitted by Glen Davis, a site–visit needs to be scheduled.  The Selectmen conducted a site-visit at the Kearsarge Mountain Road tower site located on Map 14 Lot 36-1.  The Selectmen are reviewing data pertaining to the tower and have previously scheduled to meet with two concerned residents on October 5, 2004 .  Mr. Proulx has requested an enforcement of the site-plan for R. C. Brayshaw & Co. Inc., the request is still pending.  

The Selectmen has received negative feedback regarding the two handicap accessible parking spaces that are now in the front of the Town Hall.  The parking spaces were not only mandated by the State but also the Attorney General’s office. 

-          Martha Mical asked if the two handicap spaces across the street could be considered as part of the Town Hall.  Chairman Eigabroadt explained that those two spaces are on private property and cannot be considered because they are across the street.

-          Ed Mical asked if the handicap parking could be set up temporarily during elections.

-          Barbara Annis commented that people who conduct business in the Town Hall will now need to park in front of businesses along Main Street .

-    Chairman Eigabroadt commented that two handicap-parking spaces are not unreasonable. 

-          Tony Mento commented that the ADA started as a guideline and has become a very stringent rule to follow.  If the Town does not provide the handicap spaces required for the Town Hall on its own property then the Town would not be able to apply for Federal funds in the future.

-          Ed Mical asked if there is any funding available to assist with the ADA requirements.  Chairman Eigabroadt explained that the money that was offered to the communities is $450.00 towards the purchase of a handicap accessible voting booth.

-          Martha Mical commented that these are mandated requirements and the law says that unless the money is provided then you are not required to do it.

-          Chairman Eigabroadt explained that the law states that all the money does not need to be provided, only a small portion.

Kyle Whitehead met with the Selectmen to discuss building a barn on an adjacent property that runs along a Class VI road but is accessed through the residential property that is on a Class V road.  Mr. Whitehead will go before the Zoning Board regarding the building of a barn without a primary building.  The Selectmen will visit the site before making a determination.

-          Barbara Annis commented about what happens if the Selectmen grant permission to build the barn without a primary building and something should happen to Mr. Whitehead, then where is the town after the fact.  The barn can be converted into a regular residence.  How is the Town going to deny a permit for a residence when it is accessed from a Class VI road?  There were camps on Tom’s Pond that are now year round residents. 

-          Chairman Eigabroadt is concerned about the access to the property that is on a completely separate lot. 

Mr. Whitehead will meet with the Board on October 5, 2004 after the site visit on Friday October 1, 2004 .

Tony Mento updated the Selectmen regarding the Odd Fellow Building Committee.  Negotiations are ongoing with Christopher Closs & Co., the option agreement is still unsettled.  The building has been shown to another interested party.  Bid proposals were sent out and the Committee has received a quote to clean out the building of debris.  The Committee will meet with the Selectmen on October 5, 2004 and formally request the required amount to begin the clean out process.  The funds will be acquired from the Martin Building Fund.  Mr. Mento also asked if a tree could be pruned that is hanging over the access door on the Odd Fellows Building .  The Maintenance Technician will address the pruning of the tree. 

The Selectmen will meet with TDS on Thursday, September 30, 2004 at 9:00 a.m. to sign the Centrex contract.

Chairman Eigabroadt read a letter from Levitt & Voucher Equipment who inspected a horizontal baler for the Transfer Station.  The L L Bean Corp used the horizontal baler very little.  The letter rated the baler in excellent shape.  Chairman Eigabroadt will be forwarding all information to the Budget Committee for their input.

Selectman St. James made a motion to send a letter to A. W. Therrian Company accepting their proposal amounting to $13,760.00 for the stage roof area on the Town Hall.  Chairman Eigabroadt seconded the motion.  All were in favor.

The Selectmen signed a jeopardy assessment for a mobile home removal on Map 16, Lot 38, a vacation request for the Assessing Clerk, and a building permit for Map 9, Lot 17.  Also, the Historical Society sent a request for funds from the Nancy Sibly Wilkins Fund; the proper paper work will be processed for the request.

Motion to adjourn at 8:31 p.m.

Board of Selectmen

Wayne Eigabroadt – Chairman

Peter St. James