Warner Board of Selectmen

Meeting Minutes

Tuesday, October 27, 2009

 

Chairman Karrick opened the meeting at 6:05 p.m.

In Attendance:   Selectman David Karrick, Jr. – Chairman, Selectman David E. Hartman, Selectman Clyde Carson &

                        Town Administrator – Laura Buono

Absent:             None      

Others present: 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 Warner presented spreadsheets of FEMA projects such as Connors Mill Bridge that tracks all associated expenditures and monies received.  Mr. Ayotte asked if the Selectmen would like to see more information on the spreadsheet.  The Selectmen asked Mr. Ayotte to add the cost of the design to the Connors Mill Bridge project. When there is a disaster the Highway Department does keep track of the costs associated with such disaster such as man-hours, equipment, and material and contract services.  The Selectmen feel this information should be included in the spread sheet for total cost purposes.  The Selectmen would like to see the spreadsheets on a monthly basis.   

2. Old Newmarket Road – Request for Discontinuation

Dan Watts submitted a request via email asking the Selectmen to consider a warrant that would discontinue Old Newmarket Rd. which is now his driveway and a path beyond.  In the email Mr. Watts explains that Newmarket Road was moved to its current location in 1874.  The Selectmen would like to meet with Mr. Watts and the Director of Public Works for more information as well as visiting the site.   

3. Joppa Road West – Guardrails

Guardrails are needed at the intersection and at the new culvert on Joppa Road West ; FEMA would cover some of the cost.  The total cost for both guardrails is approximately $11K which would be partially funded from the paving line. But, there has been $25K set aside from the paving line to cover the shortfall in State received revenue.  This guardrail project would shortfall the paving line by about $7,000 (Town’s portion).  Selectman Hartman said the traffic on Joppa West is no where as great as the traffic that is on Poverty Plains Road .  There is a culvert that goes under Poverty Plains Road that drains the swamp, this area needs a guardrail.  Selectman Hartman feels the area on Poverty Plains Road is a higher priority.  Mason Hill Road is another road where a project raised the road to a point where a guardrail may be needed.   

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 Carson also sent his recommendations via email.   

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 Carson feels there should be an improved process for any work that is completed on a hydrant.  Typically the procedure has been the Town pays for the hydrant as well as for the hole digging.  The Town Administrator advised the Board to consider splitting the cost for this circumstance and then the Selectmen can meet with the Commissioners and set up a procedure for hydrant repair, maintenance as well as reviewing past agreements.  Selectman Carson is under the impression that the WVWD is not interested in splitting the cost.  The Town Administrator said then at the very least because the hydrant is in a key location repair the hydrant and then try after the repair to recoup half the cost from the WVWD.   

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 Carson moved to correspond to the WVWD proposing that the cost be shared to have the hole re-dug ($400 each).  Selectman Hartman seconded the motion; Chairman Karrick added that for public safety the Town would like to see the hydrant replaced as soon as possible.  All were in favor of the motion; the motion passed.  

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 Webster and DES.  She will also have an updated conversation with Town Counsel.  

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. Central NH Regional Planning Commission

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 Simonds School .  Before working on the trial plan the Town was granted just over $80K in Safe Routes money for work on three different infrastructure projects.  One was the installation of radar signs on Kearsarge Mountain Road , it will display vehicle speeds, they also gather speed and volume counts.  The second project was the extension of the sidewalk on Geneva Street and the third project is extending the sidewalk on North Village Road leading to Riverside Park .  There was discussion about rehabilitating the footbridge but the cost exceeds the limitations of Safe Routes to School.  Safe Routes is 100% Federally funded at no cost to the Town.  Application will be made on November 9th, results will be known in March 2010.  

The next infrastructure project is to extend the sidewalk on Kearsarge Mountain Road .  The final project will be improving the school bus drop off area at Simonds School .  All these projects have been worked in conjunction with the Highway Department.  Mr. O’Mahony will return on November 3rd with a breakdown of cost estimates.  

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 NH for expanding or building new park & rides.  

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 Warner has received the ambulance billing for 2009 amounting to almost $84K which is an increase of $30K from last year.  This billing still includes Hopkinton’s dispatch fee.  The Town Administrator said the problem is the Town of Warner has no input on the budgeted amount.    Selectman Carson recommended discussing other options during the Joint Selectboard meeting that is scheduled for November 5.  Year-end expenditures will need to be reviewed for paying the billed amount as well as other options that are available to Warner for ambulance transports.   

10. Manifest

Selectman Carson moved to authorize the Selectmen to sign manifests and order the Treasurer to sign payroll check numbers 28-66 (includes 12 direct deposit stubs) in the amount of $35,974.33 and accounts payable check numbers 43654-43696 in the amount of $97,640.58. Selectman Hartman seconded the motion; all were in favor, the motion passed.  

11. Meeting Minutes

Selectman Hartman moved to approve meeting minutes dated October 7 & 13, 2009.  Selectman Carson seconded the motion; all were in favor, the motion passed.  

12. Map 29 Lot 001

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 Carson reported that energy audits will begin on November 2nd starting with the Police Department, followed by the Town Hall which will be scheduled on a Friday and the Old Graded School will be scheduled on a Saturday.  

The Town Administrator spoke about an intent-to-cut that needs to be signed by the Selectmen for a logging operation on Horne Street which is also State property.  The State requires a bond; the Director of Public Works does not feel that the Town should also require a bond because the Town is currently working on Horne St , it would be difficult to prove which equipment if there was an issue created the issue. The reasons to impose a bond are if taxes are not current, logger is a non-resident or not the owner.  The Selectmen discussed the amount of work that has been completed on Horne Road as well as other Class V roads.  The Selectmen decided to allow the bond to remain.   

14. Motion to Adjourn

Selectman Carson moved to adjourn at 9:46 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