Warner Board of Selectmen

Meeting Minutes

December 11, 2007

 

Meeting opened at 6:00 p.m.

In Attendance:   Selectman David E. Hartman – Chairman

Selectman Richard A. Cook

Selectman Wayne Eigabroadt

Absent:             None

Recorder of the minutes is Mary Whalen  

Others Present: 

Laura Buono – Town Administrator

Paul Henle – Granite State Fair Tax Coalition

Christine Hamm – State Representative

Victor Kumin - Resident  

1. Granite State Fair Tax Coalition

Mr. Henle explained that Coalition is a non-profit organization that is about 1½ years old and was formed in order to try to do something about property taxes in New Hampshire .   Mr. Henle presented a resolution that the Coalition would like to be voted on at Town Meeting.  A letter was sent to the Selectmen asking to either support the resolution by placing it on the warrant themselves or recommend placement by petition.  The Coalition feels New Hampshire relies heavily on the property tax to raise revenue.  Mr. Henle explained that all State and local revenue that is raised through taxation, 60% comes from property taxes. Mr. Henle demonstrated with a pie chart the various sources of revenues, property tax being the largest.  Mr. Henle is not suggesting that the other sources of revenues should take up the slack; they are just saying that the State of NH relies to heavily on property taxes.  Chairman Hartman referenced the pie chart and assumes that it represents all State and Local tax.  Mr. Henle said the chart represents State and Local revenues.  Chairman Hartman understands that most of the revenue in the pie chart is State taxes (Business Profit tax, Meals & Rooms Tax, Real Estate Transfer Tax, Tobacco Tax, Liquor, Insurance Tax, Sweepstakes, Telecommunications Tax Interest and Dividends Tax and Tobacco Settlement).  Chairman Hartman asked Mr. Henle what part of the 60% property tax is part of the State.  Mr. Henle did not know and does not believe it matters.  Chairman Hartman said it does matter, the State wide property tax was instituted 6 or 7 years ago to even things out, Ms. Buono said she will find out the answer for Chairman Hartman.  Mr. Henle said his main point is raising revenue through a property tax is unjust and unfair as well as the reliability on one tax.  The Coalition’s goal is to get New Hampshire to take a hard look at how it raises revenue and decide if they would like to make some changes.  The Coalition feels its time to start talking and one way to generate the discussion is by starting at the Selectmen’s level, and by talking and educating the voters about where the property taxes are used.  Since 1999 property tax revenue has increased by 8% per year and there is no indication that it will change.  The Coalition believes if the resolution is passed by a large majority of towns the message will be addressed by the State.   

Selectman Eigabroadt asked what the Coalition sees as a fair tax.  Mr. Henle explained there are three things the Coalition looks at, is it based on someone’s ability to pay, does it create any undo hardship and is it spread evenly over the tax base.  Selectman Eigabroadt agrees and believes the revenues need to be looked at; there is an obvious problem with the rising taxes.  The up and coming political people take the tax pledge (to oppose any broad based State taxes) not knowing if the pledge can be kept.  One example the State may look at is an income tax.  Mr. Henle is in favor of the State looking at an income tax as well as a sales tax, gambling, raising the cigarette tax etc. everything should be looked at.   

Representative Christine Hamm said when the word taxes are said she would say revenue, Ms. Hamm supports the Coalition.  Of what she knows of the people in the legislature that also support the Coalition they run the gamut for what they feel the solution should be.  Those that support the Coalition believe that if somebody takes the pledge, (to oppose any broad based State taxes) it cripples the ability to do things, even to talk about it.  This year there were many retained bills which included income tax, sales tax, luxury tax etc.  Ms. Hamm went on to say the State of New Hampshire is a wealthy State statistically; the per capita income is 5th or 6th in the Nation.  Ms. Hamm believes other than Alaska the State of NH spends less per capita on State and Local Government; basically the State spends a lot on education.  Ms. Hamm said until the Legislature gets rid of the pledge they are unable to open the dialogue.  Ms. Hamm said that she respects what the Coalition is asking, but if the Legislature gets too caught up in it, beginning to talk about other sources of revenue will never be discussed.   

Mr. Henle explained the Coalition is not out to soak the rich nor are they for more spending.  The Coalition is saying no matter how much money the State spends they must raise the revenue in a fair way.   

Chairman Hartman said back when the Legislature grappled with finding a solution to the court order (to find a revenue source that will produce the money), the State discovered they have the authority to tax property on a State-wide basis.  All of the pledge takers at that time created a new tax which was unfair.  Chairman Hartman is in favor of the Coalition’s campaign.  The Board of Selectmen as a whole is in favor of putting the resolution on the warrant.  

Chairman Hartman asked Ms. Hamm if it is daunting a proposition this year as it was last year to think there would be a coalition of legislators that would actually support a change of taxation of revenue producing capabilities.  Is it only Governor Lynch who is standing in the way; it is known that the Governor has taken the pledge as strongly as any previous Governor.  Governor Shaheen had a majority of the legislature that was in favor of a new tax, believed to be an income tax, but the Governor said no.  Ms. Hamm said the reality is if the Governor had a different attitude then the Legislature would, as well as the Senate.  It is believed that it is the will of the people; that they don’t want the Legislature to look at other options.  Ms. Hamm is not hearing that, and feels people in office should be educating the people on what needs to be spent on government and what the alternatives are.   Ms. Hamm feels that step one needs to be taken, talking about the alternatives.  

Victor Kumin asked to what extent the property tax inflames pressure on the development of the towns, because of the need for increasing incomes to support the school systems.  The only alternative is to increase commercial property.   Chairman Hartman answered locally that has been one of the things voiced several times for the development of Exit 9.  If developed, the Town would have more property value and more income for running town and school.  Selectman Cook said there have been a number of studies about the impact of residential development and feels the people involved in government, there is a realization that you can’t build your way out of funding issues by building residential development.  Selectman Cook added that it depends on where you look for information, because there information that says if you are going to have growth it’s better to have commercial growth because it does not add to education costs.  But there is information that says if you have commercial growth you will have residential growth to service the commercial growth.  

Ms. Hamm asked once the resolution is on the warrant what would be a good avenue to get the word out the voters.  The Coalition is developing a short film.  Mainstreet Bookends was recommended as well as local cable.  

Selectman Eigabroadt made the motion to see that the Selectmen place on the 2008 warrant the Granite State Fair Tax Coalition resolution to say:

We the citizens of the Town of Warner believe in a New Hampshire that is just and fair.  The property tax has become unjust and unfair.  State leaders who take a pledge for no new taxes perpetuate higher and higher property taxes.  We call on our State Representatives, our State Senators and our Governor to reject the “Pledge”, have an open discussion covering all options, and adopt a revenue system that lowers property taxes.

Selectman Cook seconded the motion.  All were in favor.  The motion passed.  

2.  Local Government Center Representative Tom Dunn – Property Liability and Workers Comp.

Mr. Dunn met with the Selectmen to discuss a multi-year option renewal.   Mr. Dunn explained that the Town has had multi-year agreements for property liability for about 12 years.  The Town joined the LGC workers comp. agreement about 2 years ago which was also a multi-year agreement.  Property Liability expires June 2008; workers comp. expires at the end of December 2007.  LGC has created a new pricing program as an option.  LGC has not increased the property liability rates in over 12 years, workers comp. rates have increased since 2000.  Mr. Dunn said the Town is due for an adjustment.   

The 9-9-9 agreement for three years guarantees a 9% increase the first year but no more than 9% for the second and third years.  The agreement also provides discounts; because the town is in the Total Risk Management Program it would receive a 15% discount.  Mr. Dunn has supplied cost projections for workers comp. and property liability, on the property liability side 5% was factored in for the Town’s next expenditures.   

Selectman Eigabroadt asked what caused the 9% increase.  Mr. Dunn explained rate insurance costs for the two pools.  LGC buys re-insurance every year, the costs keep rising, the size of the pool has grown especially workers comp. and the cost of claims has increased.  Selectman Eigabroadt added that tripling membership creates more administrative costs which are also spread throughout the membership plan.  Mr. Dunn explained LGC is a non-profit pool.  Selectman Eigabroadt asked how their rates compare to others.  Mr. Dunn said LGC is very competitive even after the three-year period.  Mr. Dunn said LGC represents 340 local governments on the property liability; workers comp. began in 2000 and there are about 150 municipalities.  Selectman Cook asked if Mr. Dunn has any literature available, Mr. Dunn will send the literature to the Selectmen’s office.  Selectman Cook confirmed the 3 year contract affects property, workers comp. and health and asked if there are any limits on the growth of health insurance if a multi-year contract is signed.  Mr. Dunn said no.  

Chairman Hartman asked what the current costs are (2007):

Property Liability - $32,500          Projected increase to $35,400

Workers Comp. - $22,100           Projected increase to $25,091 (workers comp. is based on payroll & experience)  

Selectman Eigabroadt asked what the prerequisite is for a training program to get on LGC’s list.  Some employees received training from various sources that should be recognized.   

Chairman Hartman asked if the Town is considering any other options.  Ms. Buono explained that the majority of municipalities are with LGC or Primex.  There is an advantage in having all the insurances together.  Chairman Hartman also feels based on LGC obtaining more customers that should keep the cost from escalating.  Mr. Dunn agrees it does help to have a larger pool as well as committing to a multi-year period.  Chairman Hartman asked how the re-insurance works.  Mr. Dunn said LGC has a municipal broker that goes out to the commercial market every year.  Selectman Eigabroadt asked if LGC groups with any other entities.  Mr. Dunn explained because LGC is set up as a risk pool per statute, LGC can only offer the program in the State of New Hampshire .   

3. Committee Appointments

Selectman Eigabroadt made the motion to appoint Christiana Connors as full member to the Conservation Commission.  Selectman Cook seconded the motion.  Selectman Eigabroadt asked if there was a resolution to the Board’s concern regarding board members approaching the State with allegations before meeting with the Selectmen.  Ms. Buono said the concern was addressed at the last Conservation Commission meeting.  All were in favor of the motion.  The motion passed.  

Selectman Eigabroadt made the motion to appoint Russ St. Pierre as alternate member to the Conservation Commission in place of Christiana Connors.  Selectman Cook seconded the motion.  All were in favor.  The motion passed.  

Selectman Eigabroadt made the motion to appoint Harold French as an alternate member to the Planning Board until 2008.  Selectman Cook seconded the motion.  All were in favor.  The motion passed.   

Chairman Hartman said to the Planning Board Chair that at one time there was a representative from the Conservation Commission and the Zoning Board that sat on the Planning Board and asked about the history and why that no longer is so.  Ms. Annis said the statute says that a member of the Planning Board can also be representative on the Conservation Commission and that was so up until 2 years ago.  Selectman Eigabroadt recommended reconsidering having a representative from the Planning Board also consider being a member on the Conservation Commission in March during all the other appointments to Boards.  

4. Deputy Warden and Warden Appointments

Selectmen Cook made the motion to appoint L. Ernest Nichols as Forest Protection Warden, Gerald Courser and Allison P. Mock as Forest Protection Deputy Wardens.  Selectman Eigabroadt seconded the motion.  All were in favor.  The motion passed.  

5. Tax Collector Refund Request

Selectman Eigabroadt made a motion to allow the Tax Collector to issue the following refunds:

Map 17 Lot 14      $1,666.62

Map 10 Lot 65             49.22

Map 03 Lot 101               .92

Map 03 Lot 101           11.62

Selectman Cook seconded the motion.  All were in favor.  The motion passed.  

6. Manifest

Selectman Cook made a motion to authorize the Selectmen to sign the manifest and order the Treasurer to sign payroll check numbers 40442-40531 dated 12/04/2007 in the amount of $79,791.08 and accounts payable checks numbered 40532-40585 dated 12/11/2007 in the amount of $149,882.39.  Selectman Eigabroadt seconded the motion.  All were in favor.  The motion passed  

7. Administrator’s Report

Highway Department – The clean up of the demolition debris that was noted in the Department of Environmental Services report was 90% completed prior to the snowfall.  The few items that remain will be removed once it is possible but may not happen until the spring.  Once this is done, Ms. Buono will contact DES and ask if they would like to revisit the site.  

Transfer Station – Paul Fouliard has informed Ms. Buono that at least one trailer for oil storage will be received by this week.  Mr. Fouliard is planning on placing the trailer next to the open lean-to where the plastic is stored.  Once in place, the oil drums that were noted in the same DES report as the highway demolition debris will be placed inside so that the town is in compliance with the concerns noted within that report.  

Town Computers – Earlier in the year, Ms. Buono mentioned to the Selectmen that she was planning on looking into a way to handle disaster recovery with regard to computer generated information.  On the evening of December 4th, Ms. Buono met with Dan Watts (IT Tech.) to discuss this issue. Although the town currently has a mirror backup system in place at the Town Hall, if there was a fire or flood or any other type of disaster which destroyed the Town’s computers completely, valuable information would be lost.  If the disaster affected hard copies as well, the Town would be in serious trouble trying to get up and running within a reasonable amount of time.  With this in mind, Ms. Buono ordered two servers to be used for back up and disaster recovery. One will be placed at the Town Hall and one at the Police Station.  As the Town Hall staff does their daily work, the information will be stored on the server which is in the Town Hall.  The information will then transfer to the server at the Police Station so that if something should happen at the Town Hall, offices can set up temporarily at the PD and access information.  The Police can also reverse the process and have their information stored at the Town Hall.  The information can be scrambled so that only the police can read it.  Selectman Eigabroadt brought up the need for a computer usage policy, Ms. Buono has samples available.   

Poverty Plains Road – An offer has been received on the Poverty Plains Property which covers the amount owed to the Town.  After reviewing the 1989 warrant article, it does state that abutters will be notified of the pending sale however, by default, the article was only in effect for one year due to the wording of “until rescinded” and/or “indefinitely” not being used within the article.  Ms. Buono is waiting for a copy of the contract that will be faxed from the real estate agent. Selectman Eigabroadt asked if another warrant article (pertaining to selling property) should go before the voters this coming year.  Ms. Buono will research the past warrants for any that may have included “until rescinded”.  The Selectmen agree if a warrant is not found to be “until rescinded” to place one in the 2008 warrant.  Ms. Buono said the Board could also make notifying abutters about a sale of Town property a policy.  

Recycling Committee – Two memorandums were received from the Chairman of the Recycling Committee at the last Selectmen’s Meeting.  One dealt with DSL service for the Transfer Station.   Ms. Buono had previously adjusted Mr. Fouliard’s 2008 budget to include DSL service and the standard contract has been received to implement this.  The service will begin either in December or January. The second memorandum dealt with a reconfiguration of the various areas at the Transfer Station.  Ms. Buono had forwarded a copy to the T.S. Facilities Committee since Mr. Fouliard is a member of that Committee and it seemed to be in line with their function.  

Selectman Eigabroadt spoke to Mr. Fouliard who said he was confused about his extension phone and the fact he may not be able to use the extension after the DSL is installed.  Selectman Eigabroadt feels the extension should be fine.   

Town Report – quotes have been received as well as samples from the lowest bidder for the Selectmen to review.  

8. Sign Permit

Selectman Cook made the motion to approve a Sign Permit for Map 30 Lot 32, permit #12112007.  Selectman Eigabroadt seconded the motion.  All were in favor.  The motion passed.  

9. Meeting Minutes

Selectman Cook made the motion to approve meeting minutes dated October 30 & November 13 meeting minutes.  Selectman Eigabroadt seconded the motion.  All were in favor.  The motion passed.  

10. General Business

Next scheduled Selectmen’s meeting is December 18th.  January schedule is Wednesday January 9 and Tuesday January 22.   

Selectman Cook made a motion to accept the resignation of Stacey Cooper as a Planning Board alternate effective December 31, 2007 .  Selectman Eigabroadt seconded the motion.  All were in favor.  The motion passed.  

Selectman Eigabroadt mentioned during a previous conversation with the Fire Chief he was tasked with gathering information for the Selectmen and he was to meet with Ms. Buono to determine if a specific topic met RSA 91A requirements.  Ms. Buono said the RSA 91A would apply because the topic deals with an individual.  Selectman Eigabroadt said the Fire Chief was to explain in detail so that Ms. Buono could make the determination.  Selectman Eigabroadt does not want to enter into a non-public and find out in the middle that the topic does not meet the RSA 91A requirement.  Ms. Buono said the Fire Chief did not go into detail with her.  Selectman Cook said the other information the Fire Chief was to report back on was potential sites for a fire station, the site could be completed in memo form.  The Selectmen questions funding the Fire Dept. Building Renovation Capital Reserve when it is unclear what the fire department is thinking.  Selectman Eigabroadt added the re-tones is a dead issue, which was clarified during the October 16th meeting.  Ms. Buono will contact the Fire Chief and address the Selectmen’s concerns.   

Selectman Eigabroadt added that if Ms. Buono feels comfortable that the Fire Chief has given her enough information in regards to a specific topic to enter into non-public he would entertain that with the proviso once into the non-public if he strongly disagrees 91-a applies the session could be closed.  Ms. Buono feels when names are stated it falls under 91-a regarding reputation.  What is said may not be fact and yet that is what will be stated in the meeting minutes and if that is the case you don’t want anyone’s reputation to be affected by something which may or may not be correct.  Selectman Eigabroadt recommended researching meeting minutes from Town Meeting because he clearly remembers the on-call position being sold to the Town for specific benefits having nothing to do with an individual.   Ms. Buono has looked back on the minutes in the Town Report which are not in detail.   Selectman Eigabroadt is focused on the on-call position that was sold to the Town for specific benefits that were out- lined.  Selectman Eigabroadt strongly disagrees with the Fire Chief that there is no longer a need for the position and he is interested in the position only, the benefits to the Town and why the Fire Chief wants to do away with the position.  Selectman Eigabroadt feels the position is necessary and should be filled.  Ms. Buono added that Selectman Eigabroadt’s questions do not require a non-public session.  Ms. Buono explained that the Fire Chief said that he has new members that now cover the calls which are the department’s reasoning for not filling the on-call position.  Ms. Buono will look back on the warrant articles.  Selectman Cook recommended obtaining a copy of the detailed Town Meeting minutes.  Selectman Eigabroadt added one more question, why the new personnel that has been added to the fire department have not come before the Board of Selectmen who is the hiring agent for the Town.  Ms. Buono clarified that there are new personnel; since the last Town Meeting she said she spoke to the Fire Chief about hiring personnel and to make sure his recommendations are brought before the Board of Selectmen first before they are hired.  Ms. Buono will contact the Fire Chief.   

Chairman Hartman presented a report created by the Concord Regional Co-op, in the report the Town of Warner ranked number one per capita in recycling, second ranked was Canterbury .  Also Warner for 2007 delivered 2,043 tons of trash to the incinerator, the GAT was set at 2,050 tons for 2007.  The Town still pays for the 7 tons that was not delivered.  Chairman Hartman feels it was economical to reduce the GAT by an additional 50 tons for 2008.  Selectman Eigabroadt believed the Town could make the difference up with recyclables, Chairman Hartman explained that particular program ended two years ago.     

The Odd Fellows Building Committee asked if the Selectmen have any thoughts for specific needs for the Odd Fellows Building .   Selectman Cook wondered if there was an opportunity to gain additional space in the building for the expansion of Town offices and the Town’s participation may open an opportunity to be eligible for funds.   

Chairman Hartman recommends the Board visit the site of the new concrete culvert on Horne Street .  

April 5th, 2008 is a meeting sponsored by Ausbon Sargent regarding saving special places, the meeting will take place at the High School.  

Chairman Hartman has been elected to the Northeast Resource Recovery Association Board of Directors for a three-year term.  

Barbara Annis asked Paul Violette to draft a letter to communities that have roundabouts about the pros and cons.  The letters have been sent to various communities and responses have begun to be received.  

Motion to adjourn at 8:22 p.m.  

Board of Selectmen  

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