Warner Board of Selectmen

Meeting Minutes

March 4, 2008

 

Meeting opened at 6:00 p.m.

In Attendance:   Selectman David E. Hartman - Chairman

Selectman Richard A. Cook

Selectman Wayne Eigabroadt

Laura Buono – Town Administrator

Absent:             None  

Others Present:

Frederick Moe – Intertown Record

Ray Martin – Moderator

Mary Whalen – BOS Secretary

Martha Mical – Assessing Clerk

Marianne Howlett – Tax Collector

Richard Senor – Resident

Ron Wirth – Resident

David Bates – Resident

David Karrick – Resident

Jim McLaughlin – Odd Fellows Building Committee

Rebecca Courser – Odd Fellows Building Committee

Steve Brown – Odd Fellows Building Committee

Chris Closs – Odd Fellows Building Partnership  

1. Audit Report

Ms. Buono asked the Selectmen if they have any questions regarding the Management Report.  Not all members reviewed the report so this item will be placed on the next agenda.  

2. Administrator’s Report

Cell Phones - Currently, the Town pays about $35/month for cell phones for various departments.  Instead of entering a contract for a second cell phone for the Highway Department Foreman the Director of Public Works would like to reimburse him $25/month and use the minutes on the phone the Foreman currently owns.  Ms. Buono asked the Board if they have any concerns.  The Selectmen asked who would be responsible for the original contract; Ms. Buono explained the Foreman would be responsible.  Ms. Buono will create a contract based on what other Towns provide.  The Selectmen can review the contract and make their final decision.  

Town Newsletter – The first edition of the Town’s newsletter was well received by the public and has been classified as a refreshing change when it comes to reading about what is happening in the municipal departments.  Through the months, Ms. Buono will be writing about various topics which are beneficial for the public to know dealing with the operations of the Selectmen’s Office, various rules & regulations, right-to-know law, etc.  In all Towns, there tends to be a lot of misinformation and/or confusion and hopefully these articles will clarify some issues.  

Transfer Station – It was inaccurately reported in the local newspaper that the Transfer Station is paying over $3.00 for a gallon of heating oil when the rest of the Town’s buildings are heated for $2.39 per gallon.   Ms. Buono assured the Selectmen that this is not the case.  A month or two ago, Transfer Station Department Head Paul Fouliard brought in a delivery slip for his kerosene questioning the price per gallon and Ms. Buono explained that he was confusing the price of kerosene with the price of oil.  

Animals at the Transfer Station – There has been a couple of incidents within the past year dealing with animals at the Transfer Station in which residents, employees and the animals themselves have been in danger of injury.  One incident involved a woman and her horse which resulted in the woman being trampled by the animal and transported by ambulance.  An employee got the horse under control in this incident.  Another more recent incident dealt with a dog jumping into the hopper and having to be rescued by an employee.  The third recent incident happened last week when a dog was almost run over by a truck.  Although Ms. Buono approached Paul Fouliard with regard to requiring animals to either be left in the owners cars or on a leash, he was not receptive to the suggestion stating that studies show that dogs are calming for people and there hasn’t been enough incidents to warrant a change.  Ms. Buono feels there is a liability issue which is too great to ignore and placed a notice in the newsletter stating that animals must be left in the car or on a leash.  An employee and or resident can sustain various degrees of injuries dealing with an anxious animal that has gotten themselves in a situation and the Town should be proactive to prevent this if possible.  Selectman Eigabroadt said there is a Town Ordinance requiring dogs to be either leashed or under voice control, the dog that jumped into the hopper was not under voice control or leashed and can be citied, this may be a Police Department issue.  Ms. Buono recommends posting the Transfer Station requiring animals to be either leashed or left in the vehicle, the Selectmen agreed.   

Richard Senor added that he thinks the ordinance is great but that was not the problem, the dog ended up in the hopper because he jumped out of the van when he saw two other dogs on the other side of the hopper.  

Poverty Plains Road Property – The contract on the Town owned property located on Poverty Plains Road has fallen through and Ms. Buono has obtained written verification that the Estate is not interested in redeeming the property.  Ms. Buono advised Jeff Cohen (Estate) that the Town will begin the process of placing the property out for sealed bids.  Mr. Cohen has requested that when a minimum bid amount is placed in the advertisement, that the legal fees and burial costs incurred by the estate be considered and added to the minimum bid amount.  To date, the Town has incurred costs of approximately $20K and the Estate has incurred costs just under $16K for the mentioned expenses.  These two expenses combined are far less than fair market value which the Town is obligated to strive for in the sale.  Ms. Buono will move forward and advise the abutters that the property is being placed out for sealed bids. The Selectmen agreed to place the property out for sealed bids with a stipulation allowing the Town to accept or reject all bids.  

Department of Transportation – A preconstruction conference for I-89 between 7 & 8 will he held on March 6, 2:30 p.m. – 4:30 p.m. located at the District V training trailer at the Hooksett office.  

3. Manifest

Selectman Cook made a motion to authorize the Selectmen to sign the manifest and order the Treasurer to sign payroll checks numbered 41049-41095 dated 02/25/08 in the amount of $49,656.06 and accounts payable checks numbered 41096-41139 dated 03/04/08 in the amount of $79,909.62.  Selectman Eigabroadt seconded the motion.  All were in favor.  The motion passed.  

4. Ray Martin - Moderator

Mr. Martin and the Selectmen reviewed the agenda for Town Meeting.   

5.  Ron Wirth – Petition Article # 26 Digital Audio Recording System

Article 26 - To see if the Town will vote to raise and appropriate the sum of no more than $700.00 for the purchase of one professional grade, real time digital audio recording system (CD burning capabilities), several wireless microphones (3 or 4), and an appropriate multi-microphone mixer to properly duplicate and index/archive said CD’s for posterity.  CDs require little space, do not degrade, and can be stored indefinitely.  The practice will allow reference and establish an official, traceable, permanent historical record of those meetings of boards and/or committees of the Town of Warner that are required by law or policy to be recorded.  The purpose of this equipment is to digitally and indelibly record public meetings.  At least one microphone shall be available for the public.  This will capture an immediate, permanent audio record, and require it to be posted on the town website as a downloadable audio file within 48 hours of recording.  It will facilitate and authenticate meeting minute’s transcription as well.  

The Selectmen asked to meet with Mr. Wirth regarding their concerns about the petition he has submitted as written.  There is hope to resolve their concerns with an amendment during Town Meeting.  One concern is being committed to a specific audio system as well as the limitation in cost. It was felt by Selectman Eigabroadt that the petition was too restrictive.  The other point made in the petition was posting the audio version on the website within 48 hours, this may be a concern with the webmaster/or not, sometimes the webmaster travels but Selectman Eigabroadt is confident that the Selectmen’s secretary’s computer could be hooked up for a direct download of the audio files.  Selectman Cook was concerned that this system may impact the current transcription process.  The Selectmen’s secretary said she does not feel there will be any impact, she has experience transcribing from digital recorders.  Selectman Eigabroadt stated for the record moving toward a digital device is a fantastic idea; the audio files could be downloaded on CDs or DVDs.   

Martha Mical said she would still like to point out, even though the Warner New Paper said it was incorrect, that RSA-33 states for legal permanent records minutes will be either on paper or microfiche, which is currently maintained.  Selectman Eigabroadt said digital storage would be a side to what is maintained for the permanent records, currently we keep the audio tape for six months and then the tapes are recycled; the digital storage would be a permanent electronic record.  

Selectman Cook explained to Mr. Wirth that at times this Board and others have been equipment challenged and asked how user friendly is the digital equipment.  Mr. Wirth obtained a copy of the February 9 work session meeting where the Selectmen’s concerns were discussed.  Mr. Wirth said no equipment is user friendly until you learn.  Mr. Wirth discussed the equipment that is outlined in the petition and how he came to the $700 cost as well as other types of equipment in regards to multiple meetings being held at the same time.   

Martha Mical believes that Town Counsel has said at one time that it is not a good idea to have two permanent records because there is only one official record, the meeting minutes.   

Marianne Howlett asked if there is a concern about the current website and if the site could handle the audio files.  Selectman Eigabroadt spoke with the Town’s tech support, the entire Warner website could be put on the new servers as well as a new hard drive allowing capability to service the website.  

Mary Whalen said the audio version could also be requested through the Selectmen’s office email address.  

Selectman Cook said one of his concerns is having enough funding.  

Richard Senor said something about purchasing a 500kb hard drive, plugging it into a router and using it as a server putting a link to the website.   

Selectman Cook does not want to endanger the Town’s relationship with the volunteer webmaster, this change should be in conjunction with him. The website provides a lot of service to the community.  

Ms. Buono asked Mr. Wirth if he sees a difference in using a personal digital recorder.  Mr. Wirth did some research on digital recorders that are less costly, they are adequate but there could be audio problems in terms of downloading.  General conversation between the audience and the Board continued about different types of equipment.  

Chairman Hartman brought the conversation back to what is needed for the petition article.  Selectman Eigabroadt is more comfortable asking the voters to approve $1,000 rather than $700, this would allow for upgrades to the website and equipment.  Mr. Wirth is agreeable to the increase.  Mr. Karrick asked why additional microphones are needed.  Mr. Wirth said the additional microphones would eliminate echoes and shuffles.    

Chairman Hartman summarized the discussion. The petition proposes replacing the audio recorder equipment with a system that is up to date, equipment that is affordable producing a product that is user friendly, as well as access to recorded meetings.  Chairman Hartman is not in favor of the mandate for the 48 hour audio availability and equipment; he prefers a broader approach such as directing the Selectmen to construct a digital audio system for a determined dollar.   Mr. Wirth added that the audio version on the website could be removed after six months making them available by request.  Chairman Hartman recommends advisement from Counsel on keeping the audio files indefinitely.  Ms. Buono said the storage of the audio files will need to be determined in a policy because the written meeting minutes are the official record.     

Richard Senor said there is a site called File Crunch that provides file storage at no charge, secondly storing the audio files is more of a historic factor, he checked with Local Government Center and confirmed the files could never be used in a court situation.  

Mary Whalen recommends the committees that choose to change to digital recordings should have their own equipment instead of sharing.  

Marianne Howlett asked if the petition is adopted will all committees be required to use the digital equipment.  Ms. Buono explained the Selectmen will need to make that determination, policy cannot be dictated by Town Meeting only suggested.  Selectman Eigabroadt said the basic equipment being discussed would set up the Selectmen’s office and some of the other board’s, if the Board of Selectmen decided to make digital recording a policy throughout, the department budgets would need to support that cost.  

Chairman Hartman questions how much demand there is for audio recording availability. Selectman Eigabroadt said a counter could be added to the website, the audio could also be sectioned and titled.   

Chairman Hartman summarized by saying the only change to the petition is the dollar amount which has been increased to $1,000.  Selectman Cook recommends adding after the word posterity, “and the equipment required to make the recordings available on the internet”.  Mr. Wirth will make the amendment on the Town Meeting floor.   

6. David Bates – Petition Articles 24 & 25

Article 24 - Shall we adopt the provisions of RSA 72:66 for a property tax exemption on real property equipped with a wind powered energy system which exemption shall be in the amount of 100% of the cost of the wind powered energy system up to $35,000?   

Article 25 - Shall we adopt the provisions of RSA 72:62 for a property tax exemption on real property equipped with solar energy system which exemption shall be in the amount of 100% of the cost of the solar powered energy system up to $35,000?   

Mr. Bates noted that the petitions were not submitted on behalf of the Energy Committee, he submitted them as a resident.  The Selectmen met with Mr. Bates regarding their concerns, one being how will the “100% of the cost” play out over time  as well as  “up to $35K” of the cost.  The petition is very restrictive the way the petition is written.  How does this petition affect current solar & wind systems?  The Planning Board now has the authority to regulate the height of the wind towers.  Selectman Cook said the Board discussed having the petition state 100% of the assessed value rather than 100% of the cost.  The Board felt 100% of the assessed would not create a situation where the property taxes would go down.  Selectman Cook believes the goal of the RSA is not to have property owner pay additional taxes for the installation of energy saving features.  Mr. Bates is agreeable to changing the wording to assessed value.  Mr. Bates commented on the question on how the petition would affect current solar or wind systems; he believes the petition would apply to new construction.   

Selectman Eigabroadt explained the RSA definition for a solar energy system as a system which utilizes solar energy to heat or cool the interior of a building or to heat water for the use in the building including collectors and storage container.  Same for the wind energy, any wind powered devices which supplement or replace electrical power to households or businesses at the immediate site.  The statute also states that this is an exemption from the assessed value.  

Martha Mical believes Selectman Eigabroadt and Selectman Cook’s definition of assessed value is different.  Selectman Eigabroadt spoke about the exemption from the assessed property value and Selectman Cook spoke about an exemption from the assessed value of the system.  Ms. Buono asked if the exemption would be similar to the barn preservation easement, Ms. Mical said yes.  Selectman Eigabroadt said an amendment could say “shall we adopt the provisions of RSA72:62 for a property tax exemption on real property taxed with solar energy system”.  Then the Selectmen would create a scoring method similar to the barn preservation in order to figure the amount of the exemption.  Martha Mical said if the assessed value of the system is used, then only the increased assessed value from the installed system would be exempt.  Chairman Hartman said if the exemption is for the cost of the system, if the system cost $45K and the system was assessed at $50K, the exemption total would be $35K and the remaining $15K would be taxed.   

A time limit was discussed, Selectman Cook recommends an expiration date giving the Town the opportunity to change the agreement based on technology and home values.  Selectman Cook recommends amending the petition to the exemption shall be 100% of the assessed value up to $35K expiring after 10 years.  Martha Mical recommends 10 year expiration on the article. Selectman Eigabroadt recommends a 10 year limit on the exemption leaving it up to the property owner to renew; it would be the Assessing Clerks responsibility to track the exemptions.   

Chairman Hartman reiterated the changes to the petitions.  First change is to eliminate the word cost and change to assessed value in both petitions, the next change is the exemption will expire in 10 years after approval.  Mr. Bates noted that Ms. Mical has a good point about setting a sunset provision on the article.  Selectman Eigabroadt does not agree with the sunset provision on the article, he agrees on a 10 year limit/up to $35K for the exemption, the incentive is to re-coup some for the cost of the installation, eventually the system will be paid for.  Ms. Mical added that there are upkeep costs to a solar system, her main concern about not having a sunset date on the article is who will checking on the exemptions, the RSA states the systems must be working in order to receive the exemption.  Selectman Eigabroadt recommends adding the exemptions on a yearly pick-up.   

Mr. Wirth added the purpose of the petitions is to encourage alternate energy sources.  

Mr. Bates does not understand the concern if a system is not operating; there is no value if the system is not working, and the property is still taxed whether the system is working or not.  The exemption is for the energy system, not the property.  

Richard Senor asked if the RSA addresses depreciation, Selectman Eigabroadt did not see any information in the RSA.  Selectman Cook said the RSA addresses incentive to invest the initial money, the exemption off sets the initial cost.   

In closing, the Selectmen agreed changing 100% of the cost to assessed value as well as a 10 year, $35K limit on the exemption.  Mr. Bates agreed with the changes and will work on an amendment for Town Meeting.  

7. Odd Fellows Building Committee

OFBC member Jim McLaughlin requested the Selectmen to appoint Kyle Whitehead to the Committee.   

Mr. McLaughlin thought by now they would have a more fully developed process for the redevelopment of the building.  The Committee is still waiting to hear from CATCH (affordable housing). There is also a question on whether the Town is interested in using some space in the building.  The Selectmen have not given the concept any thought just some minor discussions.  Mr. Closs explained if the Town has an interested in using the building that leverages the use of certain public funds.   

Mr. McLaughlin said the Committee feels the drainage is a larger issue beyond the building and recommends the Selectmen appoint a separate committee to address the drainage issues.  The drainage issue affects the main village area including Simonds School .  The KRSD Superintendent Tom Brennan said that the District will be conducting their own drainage study which will include Simonds School .   

Jim McLaughlin will speak on behalf of Article 22 during Town Meeting.   

Chairman Hartman recommends verifying whether the Selectmen have the ability to extend the current agreement with the Odd Fellows Building Partnership.  Selectman Cook asked Mr. Closs if CATCH has a time line, as it stands between the Town and KRSD nothing could be accomplished until at least next year in regards to any drainage issues.  

Selectman Eigabroadt believes that as long as there is continued progress towards redeveloping the building there should be no objection toward extending the current agreement with the Partnership.   

Selectman Cook made the motion to appoint Kyle Whitehead to the Odd Fellows Building Committee.  Selectman Eigabroadt seconded the motion.  All were in favor.  The motion passed.  

Martha Mical asked if there are no resolutions to the parking will the CATCH apartments (12) still happen.  The answer was no.   Martha added that the previous owner was turned down when they wanted to put 6 apartments in the building.  

8. Meeting Minutes

Selectman Cook asked to have a sentence clarified on the February 19th meeting minutes.  

Selectman Cook made a motion to approve meeting minutes dated February 5, February 5 Non Public Sealed, February 9 Work Session and February 19 meeting minutes.  Selectman Eigabroadt seconded the motion.  All were in favor.  The motion passed.

9. General Business

The Selectmen discussed who will speak on specific Articles:

Operating Budget                                   Mike Cutting

Police Cruiser                                         Richard A. Cook

Conservation Commission                       Member

Road Construction Capital                       David E. Hartman

Highway Equipment                                Richard A. Cook

Revaluation                                            Wayne Eigabroadt

Cemeteries                                            Trustee

Exit 9                                                    Barbara Annis & Paul Violette

Town Hall Reserve                                 Wayne Eigabroadt

Old Graded School Roof                          Richard A. Cook

Transfer Station Improvements               David E. Hartman

Bridge Replacement/Maintenance            Wayne Eigabroadt

Connors Mill Road                                   David E. Hartman

Discretionary Preservation Easements      David E. Hartman  

 

Selectman Cook requested to meet with the Director of Public Works at the next scheduled Selectmen’s meeting to discuss his budget, the severity of the season needs to be reviewed.  

Selectman Cook asked the Board if it wishes to decide upon the salaried employees’ 27 pay period issue.  Ms. Buono explained what ever the Board decides 27 pay periods need to be budgeted because the auditors will charge back the odd amount.  The Selectmen agreed the salary employees W2 should reflect their salary plus 5.8% only.   

Selectman Cook asked if the office has heard back from the State regarding the Transfer Station property. To date there has been no response.   

Ron Wirth asked if anyone looked into sidewalks about a warranty in regards to the bricks breaking and the surface crowning.  Mr. Wirth explained his own personal research on why the sidewalks crown and sink in some areas.  

Motion to adjourn at 8:45 p.m.  

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