Warner Board of Selectmen Meeting Minutes Tuesday, Chairman Karrick opened the meeting at In Attendance:
Selectman David Karrick, Jr. – Chairman, Selectman David E.
Hartman, Selectman
Town Administrator – Laura Buono Absent:
None Others present: Ed Mical, Barbara Annis, Paul DiGeronimo, Jeni
Eldridge, Keith Badger, Willard & Marian Richard, Brian Patsfield,
Kimberley Edelmann, Glen Kirby, Ruairi O’Mahony, Mike Ayotte, Karl
& Lynn Thulin, Stephen Dubaniewicz, Mike Evans, Saralee Fellows,
Maryann Plass, Laura Hallahan, George & Patricia Chase, Warren &
Virginia Williams. 1. Bookkeeper – Project
Spreadsheets Mike Ayotte, Bookkeeper for the Town of Dan Watts submitted a request via email
asking the Selectmen to consider a warrant that would discontinue Guardrails are needed at the intersection
and at the new culvert on The Selectmen will further discuss
guardrails during the October 28 work session with the Director of
Public Works. 4. Electioneering Policy Changes to the policy were presented for
the Selectmen’s review and discussion.
Selectman For information purposes the policy will
include the Moderator on voting days has the responsibility of
regulating electioneering laws as well as adding the Department Heads
being able to use their own judgment on electioneering locations.
The changes will be combined into a revised edition of the policy
for future review. 5. Hydrant Replacement The Warner Village Water District is
requesting the Town pay for the cost of digging a hole so the WVWD can
repair a hydrant that was damaged last winter; this hydrant is located
at the Post Office. The
Director of Public Works informed the WVWD when they dug the hydrant up
that if repairs are not immediate the hole needs to be filled in.
The Town Administrator said she spoke with Glen Kirby who works
for the State. Mr. Kirby
explained within the excavation permit for a State right-of-way there is
leeway as far as leaving a hole open, but only if the hole is
secured/covered for a short period of time (within a day or so).
At the time when the hole was filled in it was not clear as to
when the part for the hydrant would be available.
The Director of Public Works feels the WVWD should know what is
needed to do a repair on a hydrant.
Selectman Selectman Hartman recommends responding
back to the WVWD proposing that the hydrant is a mutual problem and the
cost to dig the hole should be divided ($400 each).
Selectman Hartman explained the responsibilities that were
realigned after the Precinct was severed from the Fire Department; the
Town is responsible for hydrant replacement, winter plowing of the
hydrants as well as paying WVWD for summer maintenance of the hydrants. Selectman 6. Azmy Property Located on Route 103 Keith Badger came before the Selectmen for
a timeline in addressing the condition of the Azmy property. Mr. Badger
has submitted a complaint about the condition of property and feels
there are many RSAs that could have been utilized as well as the Town
Zoning Ordinances. Mr.
Badger was accompanied by other area residents that are just as
frustrated by the condition of Mr. Azmy’s property. Mr. Badger had a copy of a letter dated
July 28 saying Mr. Azmy has not responded about the number of vehicles
on his property that is located in Warner.
Mr. Badger said the Town has every right to impose a $50 daily
fine and asked the Selectmen why this has not been done.
The Town Administrator said the Town has been in contact with
Town Counsel who would be the one to work on an injunction to seek the
$50 per day fine. The Town Administrator said the Azmy
property has 16 acres out of 17 that are located in Webster, initially
the property was tried to be dealt with as one project involving Webster
and the State. With the
neighbor’s pushing for action the Board of Selectmen will need to
decide to only deal with the one acre in Warner.
Currently there is a 2 week deadline for Mr. Azmy and the
unregistered vehicles before the legal process takes place. The immediate neighbors said the condition
of Mr. Azmy’s property is affecting their property values as well as
their quality of living. During
the summer they said there was an odor coming from the property that was
addressed lightly. Health
Officer, Paul DiGeronimo said he addressed the odor and found one source
which was a trailer filled with trash which he had Mr. Azmy move to the
back of the house to minimize the odor.
Mr. DiGeronimo said that he responded to every call and did not
find an odor problem on some of his visits. The neighbors voiced their concern about
the current septic system at the Azmy property.
The current system is for a three bedroom home.
The current property has a 3 bedroom home plus two apartments;
the apartments are located in Webster.
The Town Administrator brought this information before the State
but the State at this time is not concerned because the current system
has not failed. A neighbor asked if Mr. Azmy and his
family are living in Webster then why are his children going to
Kearsarge Regional schools. The Town Administrator understands the
school goes by the mailing address even though the bedrooms are in
Webster. Another asked where
Mr. Azmy is registering his vehicles.
Someone said Mr. Azmy has an agricultural plate registered in
Warner, he said Mr. Azmy does not have a farm.
The Town Administrator said she has informed the Deputy Town
Clerk where Mr. Azmy resides. Another resident said that Mr. Azmy
continues to park vehicles and store material in the Class VI road
right-of-way. The neighbors also reported on a number of
structures that have been built without a building permit.
The neighbors would like to see the Board of Selectmen continue
to fine Mr. Azmy until he comes into compliance with all the zoning
violations. The owner from the Country Store located
in Davisville said in two years he has received letters from the Town
saying that his signs are not in compliance when he lives down the
street from the Azmy’s. He
feels the Town receives a complaint, reacts to the complaint, but then
there is no enforcement. The
store owner did confirm that one of his signs has always been there but
he did straighten out and reinforce the sign after he put in a new
septic system. The Town Administrator will request
another meeting with the Town of Glen Kirby from the State D.O.T said the
Access Technician still needs to review the valid driveway permit that
was issued to Mr. Azmy and verify the right-of-way.
The only thing the State can do is ask Mr. Azmy to move any
vehicles that are in the right-of-way.
The area residents that live near the Azmy
property continued to voice their frustrations on the lack of
enforcement. Some area
residents have filed for abatements because of the condition of Mr.
Azmy’s property. 7. Ruairi O’Mahony from CNHRPC met with the
Selectmen to speak about Safe Routes to School.
CNHRPC has been working with the Simonds School Safe Routes to
School Task Force over the last 6 weeks on developing a safe route to
school trial plan. The
overall goal is to move forward and apply for infrastructure funding
which would improve the biking and pedestrian environment in a 2 mile
radius around The next infrastructure project is to
extend the sidewalk on Barbara Annis said that she heard about an
Energy Efficiency Community Development Block Grant, apparently there
will be $10 million available to the State of 8. Abatement Request MRT Investment & Development purchased
the 3 commercial lots located at Exit 9.
They are requesting the Selectmen to abate $3,576.29 in interest
and tax lien fees. Chairman
Karrick moved to deny the requested abatement totaling $3,576.29 for Map 35 Lots
004-1, 004-2 & 004-3. Selectman
Hartman seconded the motion; all were in favor, the motion passed. 9. Ambulance Billing The Town of 10. Manifest Selectman 11. Meeting Minutes Selectman Hartman moved
to approve meeting minutes dated October 7 & 13, 2009.
Selectman 12. Map 29 Ed Mical provided an estimate from Mosher
Engineering in the amount of $500 for flagging jurisdiction of wetlands
by a NH Certified Soil Scientist. Chairman
Karrick moved to authorize Mosher Engineering to complete an assessment of the
proposed building site at Map 29 Lot 001 for NH jurisdictional wetlands
and flag if present by a NH Certified Soil Scientist at a cost of not
more than $500. Selectman
Hartman seconded the motion; all were in favor, the motion passed. The Selectmen discussed if there is a need
to form a committee that would look into other possible sites for a Fire
Department. The Board would
like to speak to the Fire Department about the need if any to form a
committee and the criteria that is used to evaluate a site. 13. Other Business Selectman The Town Administrator spoke about an
intent-to-cut that needs to be signed by the Selectmen for a logging
operation on 14. Motion to Adjourn Selectman
Board of Selectmen David Karrick, Jr. – Chairman Mary Whalen Recording secretary
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