Warner Board of Selectmen

Meeting Minutes

November 27, 2007

Meeting opened at 6:00 p.m.

In Attendance:   Selectman David E. Hartman – Chairman

Selectman Richard A. Cook

Absent:             Selectman Wayne Eigabroadt

Recorder of the minutes is Mary Whalen  

Others Present: 

Laura Buono – Town Administrator

Harold French – Planning Board Vacancy

Russ St. Pierre – Conservation Commission Vacancy

Ed Bender – Energy Committee

David Bates – Energy Committee

Barbara Annis – Planning Board

Paul Violette – Planning Board

Ed Mical

Martha Mical  

1. Planning Board Vacancy

The Selectmen interviewed Harold French for an alternate position on the Planning Board.  Mr. French has been a resident of Warner for about 20 years and has expertise in real estate, auctions and art and feels ready to apply his expertise to the Planning Board.  Selectman Cook asked Mr. French if he has attended the Planning Board meetings on a regular basis.  Mr. French has not been attending the meetings but has contacted the office staff for information.  Chairman Hartman asked Mr. French what his ideas are about what the Planning Board actually does.  Mr. French assumes the Planning Board looks at what the zoning ordinances are pertaining to applications that come before the Planning Board making sure all requirements are met; if the project does not meet the requirements it is then denied.  Selectman Cook asked Mr. French if he is familiar with the Town’s zoning ordinance. Mr. French said he reviews the ordinance when applicable.  Selectman Cook asked Mr. French if he is familiar with the ordinances enough to have an opinion.  Mr. French does not feel the Town needs many more ordinances.  Chairman Hartman mentioned Mr. French’s interest in real estate.  Mr. French explained that he has been a broker for 25 years, an auctioneer for 28 years dealing with antiques, business liquidations, real estate sales, he buys and sells real estate and is a sculptor currently on the Board of Directors for the NH Art Association.  Mr. French feels he has a unique way of looking at the whole picture and feels he could make a difference as a Planning Board member.  Selectman Cook asked Ms. Annis, Planning Board Chair to briefly speak about the discussion that lead up to Mr. French being recommended as a Planning Board member.  Ms. Annis started by saying the majority of the Board did not know Mr. French but those who did, feel Mr. French would be a good candidate. Selectman Cook explained his concern by saying he likes to try to keep a balance of opinions on the Planning Board, not knowing Mr. French’s opinions, the person that left the board was a very progressive thinker.  During the last round of appointments Selectman Cook worked toward a balance of people who look at growth in Warner from different perspectives.  Selectman Cook feels the vacancy needs to be filled by someone who is on the progressive side of growth control in both residential and commercial to maintain a balance.  Selectman Cook asked Mr. French how he would describe himself within the spectrum of ideas.  Mr. French said he probably would not be Selectman Cook’s mouth piece.  Selectman Cook said that is not what he is looking for; he is looking for a balance.  Mr. French said he is in favor of a balance of growth that allows his children to be able to afford to live in Warner, and added that if there was a proposal to make lot sizes 10 acres in order to stop growth he would be against it, the cost would prohibit his children from buying.  Mr. French said he is in favor of balance.  Ms. Annis added that it was publicly stated by Mr. Lennon (Planning Board member that resigned) before the hotel came before the Planning Board that he will never see the hotel, Ms. Annis said in some ways Mr. Lennon was prejudicial.  Ms. Annis said Mr. Lennon was not a balanced member and that is what the Planning Board wants as well as a good mixture.   

Selectman Cook recommended tabling voting until there is a full Board.  

2. Abatement Request for 54 Hartshorne Lane

Ms. Buono explained the dwelling is a seasonal second home that was totally destroyed by fire on September 24, 2007 , it has since been demolished and the land is now on the market for sale.  The owners have requested that the property taxes be abated due to the circumstances as outlined.  Selectman Cook made the motion to deny the abatement request.  Chairman Hartman seconded the motion.  All were in favor.  The motion passed.  

3. Conservation Commission Vacancy

Russ St. Pierre has volunteered to be a member of the Conservation Commission.  Clarification is needed on the position that is vacant.  Mr. St. Pierre has previously served on the Planning Board; his interest is in both environmental and planning issues.  Mr. St. Pierre is also interested in the current work that the Commission is doing, identifying the resources in the town.  Selectman Cook asked Mr. St. Pierre if he has been attending the Conservation Commission meetings and he answered that he has not.  Mr. St. Pierre has experience with wetlands permitting as well as sitting on the wetland council for the Department of Transportation.  Official appointment will be delayed until there is a full board.  

4. Energy Committee

At the 2007 Town Meeting the voters approved the establishment of an Energy Committee to recommend local steps to save energy and reduce emissions.  Ed Bender, David Bates and Neil Nevins have volunteered to form this committee. Selectman Cook recommends a broad approach in looking into to the type of vehicles that are purchased, how the buildings are heated and how the community could reduce energy consumption.  Mr. Bender said the town could adopt tax abatement on alternative energy systems, the abatement would be a determined limit.  Chairman Hartman asked Mr. Bates his interest in the committee.  Mr. Bates explained that energy conservation is important for the country and the world right now and taking action locally can be effective.  Mr. Bender sells solar energy equipment; a portion of his home is powered by solar and has sensitivity towards living off the grid.  Selectman Cook explained the committee is a committee of the Board of Selectmen and would be making recommendations to the board for action.  Selectman Cook would be in favor of appointing the volunteers knowing that Selectman Eigabroadt has knowledge of the individuals.  Selectman Cook made the motion to appoint David Bates, Neil Nevins and Ed Bender to the Energy Committee.  Chairman Hartman seconded the motion.  All were in favor.  The motion passed.  

5. Tax Collector Refund Request

Selectman Cook made the motion to refund overpayments on 2007 property taxes to Robert Firth in the amount of $123.45 and Thomas Greenlaw and Royal Latuch in the amount of $252.25.  Chairman Hartman seconded the motion.  All were in favor.  The motion passed.  

6. Administrator’s Report

Poverty Plains Road – The bank involved in Poverty Plains Road has sent a letter stating they are not interested in redeeming the property.  Based on that, the listing agreement the estate has on the property has expired. Ms. Buono asked if the Board would like to place this property out for sale via sealed bids.  Ms. Buono has also learned that the estate had received some verbal offers but the offers did not satisfy both the town’s needs and the estate needs.  Ms. Buono informed the estate that the town should have been notified of the offers.  Ms. Buono has also informed the estate not to do anything with the property until she speaks with the Board of Selectmen.  Ms. Buono recommends since the bank is no longer involved and based on the actions of the estate the town should take back the portion of property where the town has control on how the property is sold.   Selectman Cook asked if the bank has withdrawn their lien.  Ms. Buono is not clear how the bank deals with the lien on the estate; the bank does not have an interest as far as redeeming for the town which at least eliminates going through the bank. Martha Mical made mention that the town still needs to send a 30 day notice to the estate (type of notice was not stated).  Selectman Cook asked if the estate has asked for an extension of their ability to market.  Ms. Buono explained that the estate took it upon them selves to extend an agreement with the realtor; again the town should have been advised of the extension.  Ms. Buono is not comfortable with the steps that the estate has taken because they are not owners of the property.  Ms. Buono understood the town would be involved in every step and that has not been the case.  Selectman Cook does not want the town in a position where a minimum bid is set resulting in the bank still having a lien on the property.  Ms. Buono will speak with Town Counsel.  The Selectmen agree that selling the property by sealed bid may be the best way to go. Barbara Annis added that there was a warrant passed; if any property was taken for taxes the abutters have first bid rights.  Mr. Violette believes that the warrant indicates that the abutters would need to be notified of the sale.  

Planning Board – The Planning Board would like to encumber any money left in the Professional Services line to use it as part of the money needed to update the Master Plan.  There is under $500 remaining in that line as of the end of October.  The Planning Board also asked if any money left in the Planning Board budget could be encumbered for the same reason. The Selectmen are in favor of encumbering only $500. The Planning Board said the Master Plan total cost is approximately $25K, currently there is $5K in the budget, and the Planning Board is looking to fund $7,500 in 2008.  Ms. Buono recommends adding the expense to the Capital Improvements Program.  The cost of a contract with Central NH Regional Planning Commission needs to be finalized.  Ms. Buono will contact the Department of Revenue about encumbering funds from the bottom line of a department budget.  Martha Mical asked if the Planning Board receives the contract from CNHRPC before year end why the contract can’t be paid from the 2007 budget.  Ms. Buono said the Planning Board can if the contract arrives by the end of the year.  If the contract arrives by year end the cost will be reviewed along with other projected expenses, if not the Board will re-discuss encumbering funds.  

Selectman Cook explained to the Planning Board that the Board of Selectmen did not fund for any planning expenses in their Capital Budget, it was felt there was not enough information to present to the voters.  Ms. Annis explained that she recently attended a meeting with Department of Transportation about a traffic light at exit 9.  DOT is willing to work with the town and recommends the town first hire an engineer that will complete a study about which would be more economical and safe, a traffic light or a roundabout as well as creating a conceptual design.  DOT also informed Ms. Annis that they may not be able to assist in the funding for the project.  DOT did indicate that a traffic light would cost approximately $160K; again they would not be able to assist in the cost but would be responsible for the maintenance of the light once it is installed.  The meeting with DOT took place at McDonald’s where the traffic was observed for a period of time.  Ms. Annis said the Selectmen will be informed of future meetings.  Selectman Cook recommends a member from the Planning Board should be available to discuss this new information at the Budget Committee meeting scheduled for December 17^th.  

North Village Rd. – Ms. Buono was informed today that the Water Precinct has decided not to do water pipe work on North Village Road as was previously thought.  Ms. Buono will inform the Director of Public Works of this since he was also going to do road work around the Precinct’s project.  

Map 22 Lot 002 (Haight) – There was a previous deadline for the owners of this property to reduce the size of the structure on this parcel to the original size (320 sq. ft.).  The deadline was May 31, 2007 however there appears to be no change in the property.  Ms. Buono has not contacted the owners since the deadline has passed nor has she heard from them after the deadline was set.  The Haight’s continue to be taxed for the structure and the taxes are paid with no arrearages.   Selectman Cook asked what the options are.  Chairman Hartman asked if there are any penalties that can be assessed for building without a permit.  Mr. Violette asked because the property owners are paying taxes on what was built could that be construed to be accepted by the town.  Chairman Hartman said the town informed the owners that the section that did not have a building permit needed to be removed, the Selectmen allowed the original structure to remain which did not have a building permit, and the property has no public access.  Selectman Cook recommends sending the property owners a letter with an indicated deadline to reduce the structure to its original size and if not complied with then fines will be assessed.  Chairman Hartman recommended a June 1, 2008 deadline.  The penalty there after will be $100 per day.   It was asked if the town could place be a lien on the property if the fines are not paid.  Selectman Cook asked Ms. Buono if she would clarify the necessary action if the property does not pay any fines.  

Traffic Light Reserve Fund - Barbara Annis verified that the $10K currently in the traffic light reserve fund could be used for engineering.  Selectman Cook recommended any bids that are sent out are in conjunction with the Town Administrator and the Director of Public Works.  

Equalization Sheets – Martha Mical has reviewed and made changes to the Equalization Data Sheets and they are ready for the Boards signatures.  These are done on an annual basis.  

Property Liability & Workers Compensation – Paperwork was received from Local Government Center with regard to renewing the Town’s Property Liability & Workers Compensation.  They currently are offering a new program which is a three year package pricing program which will guarantee no greater than a 9% rate increase each year for the next 3 years.  Ms. Buono has not had a chance to review all the documents yet which for the most part are the usual renewal forms. Selectman Cook noted that the board had previously withdrawn from a competitor’s contract after one year.  Ms. Buono explained that the Selectmen have the authority to enter into a multi-year contract; a lease agreement requires a vote from Town Meeting.  The Selectmen would like to meet with LGC first.  

7. Manifest - Selectman Cook made a motion to authorize the Selectmen to sign the manifest and order the Treasurer to sign payroll check numbers 40356-40400 dated 11/20/2007 in the amount of $41,844.64 and accounts payable checks numbered 40401-40441 dated 11/27/2007 in the amount of $1,028,638.07.  Chairman Hartman seconded the motion.  All were in favor.  The motion passed.  Payable includes payments to both county and school.  

8. Noise Ordinance

The Selectmen reviewed a Noise Ordinance that was created by Martha Mical.  Selectman Cook said the ordinance is very comprehensive; the discussion for the ordinance was a result of logging trucks operating in the evening.  Selectman Cook reviewed the current zoning ordinance for noise which is covered under nuisance.  Selectman Cook feels the current ordinance covers the original concern, commercial activity in residential neighborhoods in the middle of the evening.  Martha Mical recommended that if the Selectmen wish to add anything to the Noise Ordinance it would be wise to do so now because if needed, in twenty days the ordinance could be in force.  Selectman Cook asked Ms. Mical if she feels the current ordinance covers the situation that was of concern.  Ms. Mical recommended asking the police department if they would enforce the current ordinance as viewed by the Selectmen.   

9. Other Business

Selectman Cook asked if the Transfer Station will be initiating a mercury thermostat program.  Ms. Buono spoke with the Department Head and he will not be initiating the program, there is not enough material being received.  

Selectman Cook asked if the information received about the Fair Tax Collation could be on the next agenda for discussion.  

Selectman Cook asked when the next Transfer Station Facility Committee is, it is scheduled for December 4^th.  

Chairman Hartman attended the Regional Co-op meeting on November 15^th; an operating budget in the amount of $6,898,000 was approved.  Tipping fee in the amount of $42.55 per ton was approved.  The GAT for the district is 133,263 tons; Warner’s portion is 2,000 tons.  At the end of October 1,873 tons has been shipped to the co-op, down from last year by 48 tons, co-op wide there has been a 6.14% decrease.   

Chairman Hartman visited Portland Maine with the co-op; the visit was to a single stream recycling facility.  The single stream facility made a profit in the amount of $600,000.  Liz Beddard from the Concord Regional co-op is completing an economic study of Warner’s current operation.  

Martha Mical informed the Selectmen that the logging operation on the Hathaway property is going well.  The Forester has visited the site and is satisfied with the operation to date.  

Selectman Cook read a letter from the Recycling Committee that offers a solution to the parking.  Copies will be supplied for the Selectmen to read.  

Ed Mical asked if the Selectmen will be scheduling any public hearings in the near future.  Mr. Mical will be receiving a grant for creating a water resource plan; this will also need to be adopted as an addendum to the Hazard Mitigation Plan.  The Pre-Disaster Mitigation Grants are available the deadline for submission is the end of December.  Mr. Mical would like to schedule the public hearing for the addendum.  

The Selectmen will meet on December 11 and December 18, the first meeting in 2008 will be January 8.   

Motion to adjourn at 8:30 p.m.  

Board of Selectmen

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