Warner Board of Selectmen

Meeting Minutes

November 13, 2007

 

Meeting opened at 6:00 p.m.

In Attendance:   Selectman David E. Hartman – Chairman

Selectman Richard A. Cook

Selectman Wayne Eigabroadt

Absent:             No Members Absent

Recorder of the minutes is Mary Whalen  

Others Present: 

Laura Buono – Town Administrator

Ed Mical

Clark Lindley

Rebecca Courser

Laurette Carroll

Marianne Howlett  
 

1. Public Hearing - FEMA Funds

Chairman Hartman opened the hearing for accepting FEMA funds in the amount of $136,021.38.  Ms. Buono explained the money consists of 3 checks in the amounts of $8,649.41, $59,268.65, $68,103.32 for the April 27, 2007 disaster.  The money is the Federal share, 75% of the disaster, the Town has not received the State’s share.   The $8,649.41 is for Iron Kettle Road , Newmarket Road and Transfer Station.  Mr. Mical clarified the money for the Transfer Station to be the ditch that is on the left hand side of the main entrance.  The $68,103.32 covers West Joppa Road, Retreat Road, Gore Road, Flanders Road, Mason Hill Road, Couchtown Road, general roads and bridges, recreational, Quimby Road, Red Chimney, Dummer Road, Schoodac Road, Duck Pond Road, Brown Road, Bagley Hill Road and Plains Road.  The $59,268.65 covers Bean Road, Burnt Hill Road, North Road, Horne Street, Old Denny Hill Road, Parade Ground Cemetery Road, Willaby Colby Road, Bible Hill Road and Collins Road. Chairman Hartman closed the hearing at 6:08 p.m.  

There were no public comments or questions.  

Selectman Cook made the motion to accept and expend $136,021.38 as the Federal portion of disaster relief from the April 2007.  Selectman Eigabroadt seconded the motion.  All were in favor.  The motion passed.  

2. Clark Lindley - CATCH

Mr. Lindley is one of Warner’s representatives for the school board and met with the Selectmen to comment about CATCH.  CATCH which provides moderate income housing previously met with the Selectmen to discuss a possible option for redevelopment of the Odd Fellows Building .  Mr. Lindley as a taxpayer understands the Odd Fellows Building is owned by the community and is currently revenue neutral.  Mr. Lindley explained that the school portion on property taxes is based on the number of students that participate in the regional district; if low to moderate income housing is built more than likely families will utilize the housing.  Mr. Lindley said there is property within the community that is privately owned; therefore it is not subject to generating or costing money to the community.  Mr. Lindley recommends that the Selectmen consider making the Odd Fellows Building revenue positive rather than revenue neutral.  In Mr. Lindley’s opinion, if the town considers low to moderate income housing for the Odd Fellow Building more than likely a tax burden will be created for the community.  Mr. Lindley suggests considering how the building can be utilized to the advantage of the overall taxpayers of the community.   Selectman Eigabroadt responded that he is not aware that the town would be taking on the burden of the CATCH program, the town would sell the building for rehabilitation.  Christopher Closs, who is interested in rehabbing the building, brought forward the CATCH program as a possible idea on what the building could support, as well as potential office space.  Mr. Closs explained at a prior meeting that the economy is changing resulting in a change to what could go into the Odd Fellows Building .  Mr. Lindley understands what Selectman Eigabroadt is saying, his main point is if you have additional children that go into the school system, the community pays for that, rehabbing the building for office space or elderly housing does not add a cost to the community.  Selectman Eigabroadt added that what is allowed for the building is based on the zoning ordinance.  Selectman Eigabroadt looks at the building as a potential sale of the property as a tax producing entity.  Chairman Hartman said what was brought before the Selectmen at the last meeting was another proposal in an effort to save the building.  Also learned at the same meeting was how the economy is now affecting the commercial use for the building and the building is also quickly deteriorating.  Mr. Lindley asked if he is to assume what was presented to the school board has been tabled (refurbishing Simonds School parking).  Ms. Courser as a Odd Fellows Building Committee member said no, but what is happening with the parking and drainage issue coming off the hillside behind the school is when can the town address the drainage issue,  the system is at capacity.  The issue will not be before the town this year because of other prioritized capital expenditures.  In order to have the building house offices at least 40 parking spaces need to be available.  Ms. Courser added that any development on Main Street that is on the Kearsarge Mountain Road side will need to deal with the drainage problem.  Chairman Hartman asked Mr. Lindley to keep the question alive as far as what Simonds School needs to do about their drainage problems.  Mr. Lindley does not believe that Simonds School has any funding for drainage in the 2008 budget.  Selectman Eigabroadt said a district wide drainage study was spoken about with the superintendent.  Ms. Buono added that the superintendent was going to contact the town in regards to that study; Ms. Buono has been trying to reach the superintendent with no success.  Selectman Cook asked Mr. Lindley if  he understands the position the town is in because of the size of the problems that need to be resolved for the building for office space are not easily addressed.  Every year that rehabilitation is postponed, deterioration of the building grows as well as construction costs.   Selectman Cook feels this is why Mr. Closs is looking at other alternatives to save the building; a residential building does not need the parking that a commercial building does.  Mr. Closs is beginning to be concerned over the time government, school and municipal, address issues on this particular project that need to be addressed before moving forward.  Mr. Lindley understood there was a parking design that was agreed upon for 40+ spaces.  Selectman Cook explained only in theory, there is no money available, the design included redesigning the parking area at Simonds School , and there has been no movement on how this would take place.  Mr. Lindley understood that when the parking design was presented to the school board the cost and implementation was part of the overall project, and the school was not asked to contribute in a monetary way.  Ms. Courser explained that the project is a private/public relationship between the school, town and Mr. Closs.  Selectman Eigabroadt said a Tax Increment District was also considered, the bottom line is money, and where will it come from.   

Mr. Senor asked if Mr. Closs still has exclusive rights to the Odd Fellows Building .  It is believed to be until March 2008.   

3. Laurette Carroll - 37 Schoodac Road

Ms. Carroll is interested in purchasing the property located at 37 Schoodac Road .  The property currently has two mobile homes on the site.   Ms. Carroll asked if the older model could be replaced in-kind.  Ms. Carroll also asked if the property would allow a duplex.  Selectman Cook asked for clarification of in-kind.  Ms. Carroll said replacing with the same size.  Selectman Cook said if it is considered replacing one with a double-wide he is not sure that would be considered in-kind.  A duplex is permitted in a R2 zone if it is decided to remove both mobile homes.   Chairman Hartman said that one pre-fab house would be an acceptable alternative than havening two mobile homes as well as a two-family dwelling.  At this point if Ms. Carroll wanted to replace one mobile home with a same size. It was suggested by Selectman Eigabroadt to forward her questions to the Zoning Board so that it is in record form.   

Mr. Mical added that a replacement would be required to meet current HUD standards as well as a building permit.  Chairman Hartman explained that the Selectmen will correspond with the Zoning Board about Ms. Carroll’s questions.    

4. Marianne Howlett - Tax Collector - Bookkeeping Corrections

Ms. Howlett passed out a list of needed corrections and explained that the current system will not allow for some of the corrections only by means of abatement.  Ms. Howlett recommends that the Selectmen abate the needed corrections.  Ms. Howlett asked the Selectmen if they wish for her to pursue a lien ($93.00) on Map 9 Lot 26, currently there is no tax liability only the lien.  

Selectman Cook made a motion to abate the taxes for the 2007 second tax issue for:

Map 9 Lot 26                              $10

Map ON-03-024 Lot 35-PLE          $10

Map 32 Lot 10a                          $10

Map 7 Lot 70-4                           $1,677.15

Map 7 Lot 44                              $19.03

Map 6 Lot 31                              $2.07

Map 6 Lot 35                              $2.07

Map 10 Lot 63                            $963.28

Selectman Eigabroadt seconded the motion.  Selectman Cook added that Map 7 Lot 70-4, Map 7 Lot 44, Map 6 Lot 31 and Map 6 Lot 35 are bills issued to the Town of Warner .  All were in favor of the motion.  The motion passed.  

Selectman Eigabroadt made a motion to issue the Tax Warrant to the Tax Collector for the Town of Warner to collect the amount of $3,029,024.49 with 12% interest after December 11, 2007 .  Selectman Cook seconded the motion.  All were in favor.  The motion passed.   

4. Health Officer Report - Dust Control at Russo Residence

Selectman Eigabroadt researched other products that could control the dust.  One product is called dirt glue.  Since the last Selectmen’s meeting Selectman Eigabroadt visited the site which is the entrance to the Davisville Flea market; the small stones have been removed, the area was compacted and larger stones were then placed.  The larger stones were washed down; a coating of dust stop was added to the stone as well as the road all the way into the pit.  Selectman Eigabroadt said that he has visited the site almost everyday, the dirt appears to be solidified all the way in to the pit.  Selectman Eigabroadt will forward the dirt glue information to Warner Aggregate as well as more information on the product that Warner Aggregate is currently using.  Selectman Eigabroadt will meet with the Russo’s and go over the information.  If the Russo’s are comfortable with one of the products the true test will be in the following spring.  Selectman Cook confirmed that the large stone is reducing the amount of silt being pulled out onto Route 103.  Selectman Eigabroadt said, substantially, he didn’t see any silt on Route 103 where the stone is.   

5. Planning Board Vacancy & Conservation Commission Vacancy

The Planning Board has formally recommended Harold French.  The Selectmen will arrange a short interview at the next Selectmen’s meeting.  The Conservation Commission has also recommended Russ St. Pierre who will also meet with the Selectmen at the next scheduled meeting.  

The Selectmen’s Office also received a letter of resignation from Budget Committee member Barbara Bartlett; the resignation will be in effect as of March 2008.  

6. Manifest

Selectman Cook made a motion to authorize the Selectmen to sign the manifest in order for the Treasurer to sign payroll checks numbered 40253-40302 dated 11/06/2007 totaling $45,939.05 and accounts payable check numbers 40303-40355 dated 11/13/2007 in the amount of $32,248.10.  Selectman Eigabroadt seconded the motion.  All were in favor.  The motion passed.  

7. Capital Budget

The Selectmen will meet on November 20th beginning at 6:00 p.m. to discuss the capital budget.   

8. Administrator’s Report

Delegation of deposit authority for the Treasurer is currently the Tax Collector, Bookkeeper and Town Clerk but there is no documentation signed by the Treasurer authorizing such delegation.   The revised RSA 246:46 now requires something in writing, which has now been drafted and signed by the Treasurer and needs to be authorized by the Selectmen. Selectman Cook made the motion to approve the Delegation of Deposit Authority signed by the Town Treasurer on November 1, 2007 .  Selectman Eigabroadt seconded the motion.   

The Selectmen’s Office has received the Discretionary Preservation Easement Deed signed from Rona Carr Bock.  Signatures are now required by the Selectmen before the easement can be recorded.  Chairman Hartman reminded the Board that a proposal asking if the Town wishes to continue with preservation easements will be on the warrant for 2008.   

Town offices will be closed on Tuesday, November 20 for safety program training.   

Martha Mical has drafted a Noise Ordinance for the Selectmen’s review.  The information is based on a discussion the Selectmen had regarding a logging operation.  The Selectmen will review and discuss at the next Selectmen’s meeting.   

The Police Department has two outside cameras that they would like to install; funding for this was scheduled for 2008.  However, the current PD budget can support this cost.  The Selectmen approve of the expense as long as the PD budget is not overspent.   

The Warner Village Water District will hold a public hearing to increase the water rates on November 27th at 7:00 p.m.    There will also be a special District meeting on December 4 at 7:00 p.m.   Both meetings are located at the Town Hall.  

The staff will be involved in decorating a tree for the Festival of Trees.  The premier party will be on December 8th.  

The Town of Sutton will be walking the Sutton/Warner bound on November 16th beginning at 8:30 a.m.    

An annual letter has been sent to the New Hampshire Bureau of Emergency Management giving certain employees access to the e-grant system such as the Town Administrator, Chairman, Fire Chief and Emergency Management Director for the purpose of Hazard Mitigation.   

The Police Chief and the State Veterinarian visited a home on Joppa Road regarding the conditions of the animals.  The animals were found to be in decent condition, access was not allowed so the animals were only viewed from the road.  There are some issues regarding licensing and registration of the animals that will be pursued.    

9. Veteran Tax Credit

Selectman Eigabroadt made a motion to approve a Veteran’s Tax Credit in the amount of $500 for Map 12 Lot 26.  Selectman Cook seconded the motion.  All were in favor.  The motion passed.  

10.  Meeting Minutes

Chairman Hartman spoke about the October 30 meeting minutes on page 3, fifth paragraph, he recommends striking a particular sentence about land acquisition and how all parties are in favor, being said by one person.  Selectman Eigabroadt does not have a problem with the minutes as written.  Chairman Hartman recommends stating only that Mr. Herrick and Mr. Nickerson are in favor of the purchase.   Selectman Cook submitted minor changes; approval was tabled until next Selectmen’s meeting.   

11.  General Business

Selectman Eigabroadt informed the Board that Mr. Fouliard called him and asked if he would voice his concerns to the Board about the volunteer not working at the Transfer Station due to medical issues and to consider hiring a temporary part-time employee to fill those hours.  Also another Transfer Station employee will be taking vacation leave in December.  Ms. Buono said that there is money in the Transfer Budget for on-call personnel; there are three individuals for on-call use.   

Chairman Hartman said Liz Beddard, representative for the Concord Regional Co-op, called him saying that Warner was chosen to participate in an economic analysis that would determine the financial impact if a community chose to do single stream recycling.  Chairman Hartman asked the Board if they wish the Town to participate.  Selectman Cook is in favor of the study.  Selectman Eigabroadt asked what the study entails.  Chairman Hartman believes the study would review the current data and determine if a community such as Warner would benefit or not benefit by changing to single stream.  Selectman Cook said if the question ever comes to the Board about changing to single stream, in order to make a decision information is needed. The study would give information on the current recycle program and what the effect would be if the program was switched to single stream.  Selectman Eigabroadt thinks it’s a good idea to use Warner as a test subject; his only concern is Chairman Hartman has been keeping numbers as well as Mr. Fouliard.  Selectman Eigabroadt said on occasion Chairman Hartman has claimed Mr. Fouliard’s numbers to be wrong and recommends the study use the numbers retained in the Town records.  Chairman Hartman agreed.  Chairman Hartman also extended an invitation to the TS Facility Committee to visit a new facility in Portland Maine on November 27th that is a single stream facility.   

Chairman Hartman spoke to the Board about the September 6 Recycle Committee meeting minutes where it was stated by Selectman Eigabroadt that he was not clear about the decision to go through the fence.  Chairman Hartman understood that Selectman Eigabroadt was to go back to the Recycle Committee and clarify that a decision was made by the Board in December 2006 and that Selectman Eigabroadt was aware of the decision.  Chairman Hartman noted that none of the Recycle Committee minutes to date indicate that clarification.  Selectman Eigabroadt understood that the Board previously had this conversation with a consensus that the comment was taken out of context and has been clarified.  Chairman Hartman said that the Recycle Committee minutes states that Selectmen Eigabroadt was not in on the decision Ms. Buono said Selectman Eigabroadt was going to make a comment at the next Recycle Committee, however he was not available at the last meeting.  Selectman Eigabroadt said that at the end of counsel meeting they discussed this, he recommended checking the minutes.  Chairman Hartman said the meeting was not recorded because it was with counsel.  Selectman Eigabroadt said the portion after counsel that entails the Recycle Committee discussion was public and should have been recorded with minutes.  Chairman Hartman said the meeting with counsel had to do with this issue.  Selectman Eigabroadt disagreed, the discussion with him regarding the Recycle Committee meeting minutes does not fall under non public criteria.  Chairman Hartman said that he does not know how this can be resolved.  Selectman Eigabroadt recommended that minutes be generated of the discussion.  Selectman Cook recommended going back to the original concern regarding the September 6 Recycle Committee meeting. Selectman Cook asked what was agreed upon during the counsel meeting.  Ms. Buono explained Selectman Eigabroadt said the minutes were not approved and he would attend the next Recycle Committee meeting asking that a caveat be added so the comment would not accidentally be taken out of context.  Selectman Eigabroadt said to Selectman Cook that once he explained about the comment to him then understood and asked if the Selectmen are going to make corrections to minutes that could be taken out of context?  Selectman Cook explained that the way the comment is written (Selectman Eigabroadt said the way it is written is the way that he said it) he took it to mean something different than what Selectman Eigabroadt meant and he does not want the general public to think Selectman Eigabroadt was excluded from a decision when he was not. Selectman Cook has heard that from the public and has had to explain that Selectman Eigabroadt was not excluded from the decision. Selectman Cook recommends that Selectman Eigabroadt amends the September 6 Recycle Committee minutes.  Selectman Eigabroadt said his only issue is anything the Selectmen say can be taken out of context, and it often is, and the Board does not go back and correct it in the minutes and asked why this one is such a big deal.  Selectman Cook said that it is not a big deal to him other than Selectman Eigabroadt said he would go back and clarify and that’s why Chairman Hartman brought it up.  Selectman Eigabroadt said he would speak with the Recycle Committee members.  

Chairman Hartman will be attending the Northeast Resource Recovery marketing meeting on November 14th as well as a co-op meeting that decides on the 2008 budget on November 16th.   

Motion to adjourn 7:59 p.m.  

Board of Selectmen    

David E. Hartman – Chairman
Wayne Eigabroadt
Richard A. Cook