Warner Board of Selectmen

Meeting Minutes

January 9, 2008

 

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

Jim McLaughlin – Odd Fellows Building Committee

Martha Mical

Richard Senor  

1. Jim McLaughlin – RSA 79-E Tax Deferral for Historical Properties

Mr. McLaughlin asked the Board of Selectmen to consider presenting a warrant article adopting RSA 79-E.  Once the RSA is adopted this would allow a property owner who wants to substantially rehabilitate a building that is located in the village center or downtown area the opportunity to apply to the Selectmen for a period of temporary tax relief.  The temporary tax relief is for a period during which the property tax on the structure will not increase as a result of its rehabilitation.  In exchange for the tax relief the property owner ensures the continuation of public benefit during the period of the tax relief.  Once the period expires the structure is taxed at its full market value.  The adoption of RSA 79-E encourages the rehabilitation of under-utilized buildings located in the downtown area.  

Applications are made to the Selectmen by the property owners, the application is presented in a public hearing where the Selectmen could accept or deny such application.  A property owner can only apply for the tax relief if the building is located in a downtown district, the rehabilitation costs at least 15% of the pre-rehab assessed value or $75K whichever is less and rehabilitation is consistent with the Town’s Master Plan. The tax relief would be for a period up to 5 years from the start of the re-hab with a possible extension of up to 4 years depending on the status of the structure.  

Selectman Cook confirmed that the property owner would still be required to pay property taxes on the structure amounting to the value prior the rehabilitation.   

Martha Mical asked if a specified tax relief amount could be presented to the voters.  Chairman Hartman understands that the property taxes would not increase based on the improvements for up to 5 years, it would be difficult to present an amount because of varied assessed values.  The Selectmen discussed how RSA 79-E increases the opportunity to rehabilitate the Odd Fellows Building .   

The Selectmen agree the adoption of RSA 79-E should be brought before the voters.  There are four municipalities that have adopted the tax incentive, Manchester , Hooksett , Berlin and Pittsfield .  

2. Town Report

The Selectmen reviewed the submitted quotes, Selectman Cook made the motion to accept the submitted quote from Kase Printing, Hudson NH for the 2007 Annual Report in the amount of $2,070.  Selectman Eigabroadt seconded the motion.  All were in favor.  The motion passed.  

*Brayshaw Printing was solicited for a quote but declined.  

The Selectmen determined who the report would be dedicated to, all submitted recommendations were considered.  

3. State Proposal – Transfer Station Land

A proposal from the State was received on December 24, 2007 which states the 7 acre parcel (acreage needs to be verified) could be either purchased for $106K or leased for 5 years for $10,600 per year.  The Town would be required to complete a boundary survey and grant water rights to the State. The State would deed a right-of-way to the parcel.  Martha Mical stated that if the Town purchases the parcel, the parcel would need to go through sub-division as well as the Zoning Board because the property is land locked.  Selectman Cook asked if the Town is required to meet the zoning ordinance.  Martha Mical explained that the “no land locked parcels” is a State Law.  The better solution would be to dissolve the property line between the Transfer Station and the Highway Department.  A letter of interest must be received by the State within 30 days.  The Budget Committee has recommended to the Selectmen to research any value for the water rights.   

Richard Senor recommends if the State property use changes, any change in water usage should be the responsibility of the State.  Martha Mical recommends shared responsibility for the water pump.  

Selectman Cook noted that the comparables the State used for the Transfer Station property have road frontage.  The final adjustment was reviewed and was noted that there was no adjustment made for the lack of road frontage in the final assessed value; Selectman Eigabroadt added that the topography does not appear to be adjusted also.  Selectman Cook recommends disagreeing with the selling price because of the lack of road frontage as well as the topography.  Martha Mical said the State should also be notified that a land locked parcel cannot be created even with a deeded right-of-way.   

Selectman Cook made a motion to respond to the Department of Transportation expressing the Town’s interest in the parcel as well as stating the Selectmen’s concerns about the appraisal not considering the lack of road frontage, topography or the State Law (can’t create a land locked parcel (even with a right-of-way)).  Selectman Eigabroadt seconded the motion.  All were in favor.  The motion passed.  

4. Tax Collector Refund Requests

Selectman Eigabroadt made a motion to authorize the Tax Collector for the proposed refunds for Map 31 Lot 37 in the amount of $2,234.82 and Map 14 Lot 38 in the amount of $2,282.91 for property tax double payment.  Selectman Cook seconded the motion.   All were in favor.  The motion passed.  

5. Planning Board Alternate Vacancy

Stacey Cooper recently resigned from the Planning Board due to residency but since has resolved her residency issues and is requesting to be re-appointed as a Planning Board Alternate.  Since her resignation Harold French was appointed in her place.  Selectman Eigabroadt on behalf of the Planning Board asked the Selectmen to re-appoint Ms. Cooper to another alternate position.  In order to keep the positions staggered Selectman Cook made a motion to appoint Stacey Cooper as a Planning Board Alternate, term expiring April 2009.  Selectman Eigabroadt seconded the motion.  All were in favor.  The motion passed.  

6. Manifest

Selectman Eigabroadt made a motion to authorize the Selectmen to sign the manifests and order the Treasurer to sign payroll and accounts payable check numbers 40657-40738 dated 12/20/2007 through 01/02/2008 totaling $598,595.25 and payroll check numbers 002-045 dated 01/01/2008 in the amount of $41,169.23 and accounts payable checks numbered 40739-40742 dated 01/08/2008 in the amount of $50,394.80.  The payables included a check in the amount of $461,428.00 for the Kearsarge Regional School District .  Selectman Cook seconded the motion. All were in favor.  The motion passed.  

7. Nancy Sibley Wilkins

NSW Trustees met on January 3, 2008 and awarded the Planning Board $3K for the Master Plan and $1K for electrical update on the Town Hall stage.  

8. Meeting Minutes

Selectman Cook made the motion to approve:

November 20, 2007 Work Session

November 27, 2007 Meeting Minutes

December 11, 2007 Meeting Minutes

December 18, 2007 Meeting Minutes

December 18, 2007 Non Public Sealed

Selectman Eigabroadt noted that he was not present during the December 18 non-public, minutes were corrected.  Selectman Eigabroadt seconded the motion.  All were in favor.  The motion passed.  

9. General Business

Selectman Cook asked Ms. Buono if the Selectmen approved the Safety Policy.  Ms. Buono said yes.  

Chairman Hartman added that Nancy Sibley Wilkins Trustees also awarded the Pillsbury Free Library $4K for digitizing newspapers.  Selectman Cook asked if the process would be better than what has already been digitized because the newspapers are difficult to read.   

10. Connors Mill Bridge

Chairman Hartman, Director of Public Works and the Highway Foreman met with Provan & Lorber to discuss Connors Mill bridge replacement.  The construction of a 55’ span is estimated to cost $316K; this cost does not include engineering fees.  One of the concerns Chairman Hartman had was how substantial was the impact of the flood control reservoir overflow (Blackwater Dam) on the damage that was sustained on the bridge.  Provan & Lorber indicated in their report that the overflow is a cause of increased flood waters.  Chairman Hartman feels that the overflow issue needs to be discussed with the Town of Webster and the Corps of Engineers (Blackwater Dam).  The outlet that comes down through Knights Meadow marsh and into Schoodac Brook washed out Webster Road but will not wash out the new bridge.     

Selectman Eigabroadt asked when a decision is needed on the proposed construction.  Chairman Hartman said the next step is to meet with the State which will review the proposed cost and design submitted by Provan & Lorber.  Selectman Eigabroadt understood that the Board of Selectmen was waiting for Provan & Lorber’s recommendation, the State’s input, and then meeting collectively to make a decision on which bridge based on the recommendations from DOT and Provan & Lorber.  Selectman Eigabroadt confirmed that the bridge proposal being sent to the State has not received final approval from the Board of Selectmen.  

11. Sale of Town Property

Ms. Buono researched prior warrant articles and found in 1993 an article was passed giving the Selectmen authority indefinitely or until rescinded by Town meeting to sell property taken for taxes by sealed bid or public auction or as justice may require after notifying abutting property owners of pending sale.  

12. Non Public Session

Selectman Eigabroadt made a motion to go into nonpublic session as allowed by RSA 91-A: 3 II (e) consideration or negotiation of pending claims or litigation which has been threatened in writing or filed against the body or agency.  Selectman Cook seconded the motion.  Roll call vote was taken: Selectman Cook, Aye; Selectman Eigabroadt, Aye; Chairman Hartman, Aye.  The motion passed.  

Selectman Eigabroadt moved that the Board of Selectmen come out of Nonpublic Session at 6:59 p.m.   Selectman Cook seconded the motion.  A roll call vote was taken: Selectman Cook, Aye; Selectman Eigabroadt, Aye; Chairman Hartman, Aye.  The motion passed unanimously.  

Selectman Eigabroadt moved to seal and restrict the minutes of the Nonpublic Session pursuant to the authority granted in RSA 91-A:3 III.  Selectman Cook seconded the motion.  A roll call vote was taken: Selectman Cook, Aye; Selectman Eigabroadt, Aye; Chairman Hartman, Aye.  The motion passed.    

Motion to adjourn 7:38 p.m.  

Board of Selectmen    

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