Warner Board of Selectmen

Meeting Minutes

Monday, November 25, 2008

 

Meeting opened at 6:00 p.m.

In Attendance:   Selectman Richard A. Cook – Chairman

Selectman David E. Hartman

Selectman David Karrick, Jr.

                        Laura Buono – Town Administrator

Absent:             None                  

Others present:

Ed Mical                                                                        Martha Mical

Craig Nichols – DRA Representative                                  Phil Bodwell – Commerford, Nieder, Perkins, LLC

Mark Nieder – Commerford, Nieder, Perkins, LLC               Carolyn Stoddard – Intertown Record

Jeff Earls – Cross Country Appraisal  

1. Public Hearing - Funds

Chairman Cook opened the public hearing for the acceptance of various funds totaling $242,064.50 (FEMA/State of NH $86,321.50, Nancy Sibley Wilkins Trust Fund $5,350.00, Fall Foliage Festival $3,000, Fire Truck Grant $147,393.00).  

Chairman Cook asked Ed Mical to clarify the FEMA funding.  Mr. Mical said the money is for various Hazard Mitigation projects.  The Horne Street Hazard Mitigation project from 2005 was recently closed out; part of the funding is for that project.  Ms. Buono explained the Nancy Sibley Wilkins Trustees awarded funding for the Planning Board in the amount of $3,000 for the Master Plan, $1,000 for Town Hall stage wiring, $1,350 for the mailing of the Town Newsletter.  Fall Foliage Festival awarded $3,000 for the resealing of the Town Hall main floor.  

Chairman Cook asked for public comments.  No comments were received.  Chairman Cook closed the public hearing.  

Selectman Hartman moved to accept and expend funds from FEMA/State of NH in the amount of $86,321.50, Nancy Sibley Wilkins Trust Fund in the amount of $5,350, Fall Foliage Festival in the amount of $3,000 and $147,393 for the Fire Truck Grant for a total of $242,064.50.  Selectman Karrick seconded the motion; all were in favor, the motion passed.  

2. Public Hearing – 2008 Hazard Mitigation Plan Adoption

Ed Mical had available copies of the Hazard Mitigation maps as well as a draft copy of the plan.  FEMA has issued a conditional approval of the plan.  The next step would be for the Selectmen to adopt the plan.  Once adopted, this will satisfy the Town’s requirements until 2013 with the caveat that the Town will meet annually to review some of the projects.  

Chairman Cook asked for public comments.  No comments received.  Chairman Cook closed the public hearing.  

Selectman Hartman moved that the Warner Board of Selectmen adopt the resolution adopting the Warner Hazard Mitigation Plan dated November 25, 2008 .  Selectman Karrick seconded the motion; all were in favor, the motion passed.  

The Board of Selectmen complimented Ed Mical on his efforts for this project.  

Ed Mical added that the Planning Board is working on incorporating the Hazard Mitigation Plan into the Master Plan.  

3. Meeting Policy Amendment

The amendment changes number 3 on the policy to read: At a minimum, the following Committees/Boards will digitally record regular business meetings but may choose whether or not to record work sessions:  Planning Board, Zoning Board, Board of Selectmen and Budget Committee although all other committees/boards are welcome to do the same. Nonpublic sessions are not required to be recorded.

Ms. Buono explained this encompasses the change where sometimes the Planning Board breaks out into sub-committees and the Selectmen’s work sessions aren’t always recorded.  This amendment allows the ability to choose not to digitally record the work sessions as well as the nonpublic sessions. 

Selectman Hartman asked if there is data available for how many hits there have been on the website regarding the digital recordings.  Ms. Buono said there has only been one hit.  Carolyn Stoddard said she would prefer to read the minutes versus listening to the digital recording for an hour and half, and was disappointed to see the approved minutes are not up to date.  The Selectmen offered to send the draft minutes to Ms. Stoddard; the website only provides approved meeting minutes.  

Selectman Karrick moved to adopt the Town of Warner Meeting Policy as amended on this date, November 25, 2008 .  Selectman Hartman seconded the motion; all were in favor, the motion passed.  

4. Sign Permit and Cemetery Deed

The Board of Selectmen previously signed a Cemetery Deed for Paul Leary.  

The Board of Selectmen approved a Sign Permit for 2 signs which was submitted by Richard Fisher.  One sign is for selling Labrador Puppies the other sign is for services “Backhoe for Hire”.  Both signs are located at Mr. Fisher’s North Village Road property.  

5. Manifest

Selectman Hartman moved to authorize the Selectmen to sign manifests and order the Treasurer to sign payroll check numbers 1305-1366 in the amount of $44,000.59 (includes 20 direct deposit stubs) and accounts payable check numbers 42338-42441 in the amount of $626,800.18.  Selectman Karrick seconded the motion; all were in favor, the motion passed.  

Note: From the accounts payable a payment was made to Kearsarge Regional School District in the amount of $265,756.11, pay roll transfer in the amount of $50,000 and paving expenses amounting to $112,765.14.  

6. Town Administrator’s Report

Bog Road Property – All of the past due taxes, interest and penalties have been paid on the Bog Road property and the deed will be drawn up to convey the property back to the previous owner.  

Crosswalks – Due to the long winter and extensive overtime at the beginning of the year, downtown line painting was one of the highway department items that was not done this year in order to make up for the over-expenditures caused by having to plow into the spring.  The cost for painting the downtown would have been $4,500. After receiving one complaint about the crosswalks not being painted and this resident’s feeling that it presented a dangerous situation for the children that walk to school, Ms. Buono contacted both Allan Brown and Judy Pellettieri to discuss the subject.  After speaking with Judy, she said that she has only had the one complaint from the same resident who called us; however, she feels crosswalks are important for safety purposes. Allan has received a price of $600 to paint 7 crosswalks which would carry us through to the spring at which time they will need to be painted again.  

The Board of Selectmen is in agreement to paint the crosswalks.  

Ed Mical spoke as a member of the Highway Safety Committee, he agrees with the importance of having the crosswalks painted.   

Safe Routes to School – Ms. Buono will be attending a meeting the week of December 8th in which information about the Safe Routes to School Program will be discussed.  This program provides grant money to schools and municipalities for the purpose of developing and implementing a safe route to school for walkers and bikers.  Round three of the grant process is scheduled to begin that same week.  I’ll forward information to the Board once the meeting takes place.  I have placed information on the program in the read file for the Board to review.  

Exit 9 – Ms. Buono has forwarded information from the Town of New London with regard to their roundabout as well as a Transportation Enhancement Program grant that they received to Barbara Annis for her review.  

Odd Fellows Building – Jim McLaughlin reported today that the Town of Warner was approved for a Community Development Building Grant Feasibility Grant in the amount of $12,000 as was discussed during a public hearing at the Selectmen’s Meeting on October 28th.   

Right to Know Lawsuit – The newest edition of Town & City magazine from the Local Government Center features a court update on the Right to Know lawsuit against the Town of Warner in which John Healy, Wayne Eigabroadt, Ron Wirth, Richard Senor and Ken Klinedinst sued the Town over not providing under RSA 91-A, copies of applications and resumes (including names, addresses, etc.) for individuals who had applied for a public works position that was filled over a year and a half ago.  The article summarized the findings of the Court and the fact that the Town of Warner was correct under the law to deny the request for this information and that the Town responded appropriately to the same groups request for minutes, tapes and job descriptions.  

Parks & Recreation - George Saunders spoke with Ms. Buono and said he will not be seeking re-appointment next year.  Mr. Saunders also indicated that Faith Minton will not be seeking another term.  

NIMS Adoption – Ms. Buono presented another adoption for the Selectmen’s signature that includes the adoption date.  

7. Commerford, Nieder, Perkins, LLC – Revaluation Bid

Craig Nichols, representative from the Department of Revenue Administration introduced himself and is present to listen to the discussions regarding the contracts.  

Phil Bodwell and Mark Nieder from Commerford, Nieder, Perkins, LLC, met with the Selectmen to answer their questions regarding their submitted proposal for the next revaluation of the Town.  Chairman Cook began by saying the Town received two bids, one from Commerford, Nieder Perkins and the other from Cross Country Appraisal.  Chairman Cook also said the Town has been pleased with the product received from Commerford, Nieder, Perkins over the last few years but their submitted bid is $40K more than Cross Country.  Chairman Cook asked for their comments.  Mr. Nieder began by saying you get what you pay for, he and Mr. Bodwell have over 20 years experience.  Mr. Bodwell has been the contract supervisor for the Town of Warner for several years and is very familiar with the Town.  Mr. Nieder said at one time they (Mr. Nieder, Mr. Bodwell, Ms. Perkins, Mr. Commerford and Mr. Earls from Cross Country App.) were Department of Revenue Administration employees.  In early 2000 Mr. Earls, Mr. Commerford, Ms. Perkins and Mr. Nieder started an assessing company.  In 2004 Mr. Earls left and started his own company in 2005.  Mr. Nieder feels the decision that Mr. Earls made financially benefitted Commerford, Nieder, Perkins.  

Selectman Karrick said percentage wise the bids are very far apart.  Mr. Nieder said he is not surprised, typically Mr. Earls is the lowest bidder.  Mr. Nieder advised the Selectmen to call references.  Selectman Karrick said in comparing the two bids the resumes of the people involved look quite similar.  Mr. Nieder cautioned the Selectmen to some of the differences between the two contracts such as Cross Country would have a supervisor on site 75% of the time where as Commerford, Nieder; Perkins would have a supervisor on site 25% of the time.  Mr. Nieder does not see the need for a supervisor to be sitting at the Town Hall 75% of the time when the first year is data collection performed by data collectors.  Mr. Nieder also informed the Selectmen that Commerford, Nieder; Perkins can continue the maintenance/support of the Proval software where Cross Country cannot.  Ms. Buono confirmed with Martha Mical that the Town pays for the support contract with Proval.  Martha said yes, there is a 1-800 number for support but the majority of the time she contacts Commerford, Nieder, Perkins for their expertise and quick response.   

Selectman Karrick asked Mr. Nieder if there is a possibility that he could adjust his proposal.  Mr. Nieder said yes.  

Mr. Bodwell added that he has worked with the Town since 2003 and feels he knows the Town quite well.   

Martha Mical asked if the price proposed includes updating current-use, this was not mentioned in the proposal that she sent out.  Mr. Nieder said if it is just a rate change then that would be included in the cost, if the Town is considering sending new letters and re-doing the categories with new applications, that would require more discussion.  

Mr. Nichols suggested defensive values for appeal properties to be included in the revaluation instead of a fee basis.  Mr. Nichols suggested to Mr. Nieder to possibly consider including this in the contract for local and state appeals.  Mr. Nieder said he would consider Mr. Nichols suggestion.  Martha Mical added, with Commerford, Nieder, Perkins the Town has had only 3 appeals.   

Mr. Nichols also suggested that incoming expense surveys should be sent out to the commercial properties.  Mr. Nieder said they now do that.   

Mr. Nieder said he would have a revised contract tomorrow.  

Discussion:

Mr. Nichols added another consideration; the Assessment Standard Board recommends keeping information clear to the taxpayers such as the assessment cards (transparency) and also clarification on how values are developed.  Mr. Nichols finds the Proval system very difficult to understand the assessment card and recommends that the Town consider a change to a clearer system. Ms. Buono asked Mr. Nichols if many municipalities use Proval.  Mr. Nichols said a lot in the North Country because of the lower cost, the problem is the assessment card frustrates tax payers.  

Chairman Cook does not agree with CNP revising their submitted bid.  Selectman Karrick asked what would happen if the Selectmen rejected both bids.  Chairman Cook understands the goal, but it’s up to the Selectmen to keep the process transparent and fair.   Ms. Buono added there is tension between the companies, with tension comes very little positive.  There are references that can be verified.  

Selectman Hartman feels if Cross Country is equal to CNP after checking the references, it’s hard to award the contract to CNP that costs $40K more.  Selectman Hartman verified with Martha Mical that CNP’s final product is late in the process where Cross Country’s schedule is not.  Martha Mical said she spoke with the Town of Alstead and learned Cross Country charges for phone call questions, which may be discovered that all companies may begin charging.  Martha also spoke to the Town of Farmington which gave a favorable reference for Cross Country as well as the Town of Canterbury ; the Town of Bow was unclear.   

Chairman Cook asked the Board members their thoughts about allowing CNP to submit another bid.  Selectman Hartman asked if Cross Country would have the same option.  Ms. Buono added that CNP did not consider any long term customer relationship in their bid.  

8.  Cross Country – Revaluation Bid

Jeff Earls from Cross Country Appraisal met with the Selectmen to answer questions regarding his submitted proposal.  Chairman Cook asked how he could submit a bid that is $40k less than the competition.  Mr. Earls said the Town would not receive anything less than from anyone else; he has worked in Warner in 2003 as well as two other employees.  Mr. Earls said in 2003 he enjoyed working with the staff and found the Town very friendly.  Work would begin in April and completed by May 1st.  Chairman Cook asked Mr. Earls his thoughts on Proval.  Mr. Earls said it is not his favorite software but he does work with it.  Proval is difficult to explain to the taxpayers.  

Selectman Karrick asked if there are any other expenses that may be incurred that are not listed in the bid.  Mr. Earls said no: properties that were not initially entered will receive a call-back; letters are sent out asking to schedule appointments; there is a toll free number provided; letters are sent for hearings; all these costs are included.  Mr. Earls said anything to do with Proval software is the Town’s cost.   

Martha Mical asked if Cross Country charges for calls from her after the revaluation asking for information.  Mr. Earls said no. He never charges for phone calls. He does charge for office visits after the revaluation is complete.  There are no additional costs for anything pertaining to the revaluation.  Martha Mical asked if there is a need for updating the values of the current-use will there be an additional cost?  Mr. Earls said the Town would not be charged for the values. There would be an additional cost if the Town wants Cross Country to send letters and review the files.  

Selectman Hartman asked Mr. Earls how many other towns will he be completing a revaluation.  Mr. Earls said that he will be working with 5 towns to date.   Chairman Cook asked how many can Cross Country handle.  Mr. Earls said ten.  

Chairman Cook asked Mr. Earls what approach is used for commercial property.  Mr. Earls said he uses a system that gives replacement cost plus depreciation with a component for land value.  The property will also be tested with market research with comparable properties, income approach based on similar properties.  The properties will be tested with sales as well as income approach through rents etc.   

Mr. Nichols asked Mr. Earls who are his supervisors.  Mr. Earls said there are five.  

Selectman Karrick asked if he will photograph every property.  Mr. Earls said only properties that have changed.  Mr. Earls said that Cross Country is able to begin.  

The Selectmen explained that a final decision will be made in December.  

9. Abatement Request

Selectman Hartman moved to authorize the abatement of taxes on 46 and 48 Casino Circle where there were no buildings in place on April 1, 2008 in the amount of $22.61 ( 46 Casino Circle ) and $51.37 ( 48 Casino Circle ).  Selectman Karrick seconded the motion; all were in favor, the motion passed.  

10. Old Graded School Operating Expenses

Overall the Town is paying about $35,000 per year to maintain the building for the current programs.  The question before the Selectmen is if they wish to charge the organizations a rental fee or leave as is.   

Selectman Hartman asked how long the Town has had these commitments to the daycare and preschool.  The daycare dates back to the 1980s.  Ms. Buono explained the preschool said that they would have fund raisers to off-set the cost of rent; the daycare would need to pass the cost on.  Chairman Cook said if the Board is considering rental costs it would need to be determined for 2009 in order to give proper notification.   

Ed Mical noted for consideration: the daycare operates year round; preschool operates on the school schedule; the preschool lost enrollment from James House which has moved to the old Middle School.  Chairman Cook recommended continued discussion in January.  

11. Dry Hydrants

Ed Mical received notification from Richard Verville, State Hazard Mitigation Officer that FEMA has come out with a new policy as of September 2008.  FEMA no longer considers dry hydrants a Pre-Disaster Hazard Mitigation Proposal acceptable under that program.  Mr. Mical noted that the Town has already been approved in 2008, and wonders how the new policy affects the approved funding.  Mr. Verville is asking for clarification from Congressman Paul Hoades’ office.   

Mr. Mical also informed the Selectmen that an extension needs to be applied for immediately for the Connors Mill project.  

12. Meeting Minutes

Selectman Hartman moved to approve the October 28, 2008 and November 10, 2008 meeting minutes with corrections.  Selectman Karrick seconded the motion.  Selectman Hartman recommended adding “Mr. Davis contends that over time…”  All were in favor, the motion passed.   

13. Tipping Fees

Selectman Hartman reported the tipping fee for the Concord Regional Co-op is $45.95 per ton.  Selectman Hartman and Varick Proper attended the Co-op meeting where there was discussion about the proposed single-stream recycling facility.  The question is, is this the right time because the bottom has dropped out of all recycled products?  No final decision has been made with the one exception. The Co-op is going to purchase a piece of property to build a single-stream facility on if the decision is made; if the single-stream facility is not built the land can be sold.  

14. Other Selectmen’s Business

Selectman Hartman reported the Governors Council had on their November 19 agenda to approve the purchase of the Transfer Station land, there is no official word on that action.  

Nancy Sibley Wilkins Trustees will meet on December 2, 2008 at 6:00 p.m.  

Transfer Station Facility Committee will meet on December 3, 2008 at 7:30 p.m.  

The Planning Board will hold a Visioning Session on December 8, 2008 at 7:00 p.m.  

Selectman Karrick asked a question about the County budget and why there are so many blank lines.  Ms. Buono explained that the form that was used is a Department of Revenue form.  There is a more extensive break down available in the Selectmen’s office.  

Ed Mical reported that the Old Graded School completed an evacuation drill to the church that worked out well.  The Police Department worked with helping the children cross the street and the whole process took under twenty minutes.  

15. Adjournment

Selectman Karrick moved to adjourn.  Selectman Hartman seconded the motion; all were in favor the motion passed.   

Board of Selectmen    

Richard A. Cook – Chairman
David E. Hartman
David Karrick, Jr.  

 

Respectfully submitted,

Mary Whalen

Recording Secretary