Warner Board of Selectmen

Meeting Minutes

January 9, 2007

 

Meeting opened at 6:00 p.m.

Present: Selectman David E. Hartman – Chairman, Selectman Wayne Eigabroadt and Selectman Richard A. Cook

Town Administrator Laura Buono

Recorder of the minutes is Mary Whalen

Others present: Martha Mical, Bonnie Barnard, Hastings Rigollet, Judith Rogers

STAGE CURTAINS

Martha explained that the Curtain Committee (Rebecca Courser, Jenny Courser & Martha Mical) met and chose black for the color of the back curtains. The Committee also asked that the Selectmen allow the bricks that are now green to be painted black. Selectman Eigabroadt made the motion to allow the Curtain Committee to move forward and paint the back wall of the stage area black with funds provided by from the Fall Foliage Festival and the Nancy Sibley Wilkins Fund. Seconded by Selectman Cook. The motion passed unanimously. The Committee will be meeting with the curtain installer for measuring and hanging information.

2. HASTINGS RIGOLLET

Hastings would like to register his car and the Town Clerk has refused to do so. Hastings said that he presented all the documentation that was needed; DMV in Concord, NH advised Hastings that if the Town Clerk will not register the vehicle he should see the Selectmen. Selectman Cook explained that they cannot tell the Town Clerk how to run her office. Selectman Eigabroadt explained that he contacted the DMV, they explained that Hastings would need to appeal to his Selectmen to overturn the decision of the Town Clerk. Selectman Eigabroadt contacted the Local Government Center and spoke with an attorney and confirmed that the Selectmen do not have the authority to supersede a decision made by the Town Clerk. The recourse that Hastings does have is through the DMV. Judith Rogers explained the policy; once information is received that someone does not live in Town anymore, it is addressed when they come into the office to register a vehicle. Judith had explained to Hastings that in order to register his vehicles he would need to sign and notarize a domicile affidavit or present a utility bill with the physical address where he resides. When Hastings came in as of yesterday those documents were not presented. Selectman Eigabroadt explained the difference between a domicile affidavit for voter registration purposes and one for registering a motor vehicle. The difference being when you are signing a domicile affidavit when registering a vehicle you are signing under the penalty of perjury. The State’s version of domicile when registering a vehicle is under RSA 641-3. Hastings explained what the issue is, the affidavit of domicile is for voting purposes only, it has nothing to do with registering a vehicle. Judith explained that in her information provided by the State, residency is where a person physically resides. Judith further explained that the Town fees collected for a registration stay in the Town. A Town Clerk from another town has the right to the fees collected in another town if it is proven that the person registering does not live there. Hastings added that there are people who only reside in Warner for 6 months out of the year, why is he being singled out. Judith noted that earlier when Hastings stated that he presented the documents needed, he did not present them the Town Clerk. Judith reminded Hastings that she presented a third choice to Hastings which is if there is a question on where someone lives she can have the Police Department establish residency. Chairman Hartman asked Hastings if he lives in his house 51% of the time. Hastings said that he does not know his percentage. Chairman Hartman explained that is the perception the common ordinary person has, where do you live most of the time. Judith explained that Hastings has not been singled out, she is reacting to information that she has received. Selectman Eigabroadt read into the record Title I Chapter 21:

Resident Inhabitant: A resident or inhabitant or both of this State and of any city, town or political sub-division of this State shall be a person who is domiciled or has a place of abode or both in this State in any city, town or political sub-division of the State and who has through all of his actions demonstrated a current intent to designate that place of abode as his principal place of physical presence for the indefinite future to the exclusion of all others.

RSA 261-6a Residence:

Residence or residency shall mean a persons place of abode or domicile. The place of abode or domicile is that designated by a person as his principal place of physical presence for the indefinite future to the exclusion of all others. Such residence or residency shall not be interrupted or lost by a temporary absence from it.

Selectman Eigabroadt clarified his opinion of what the Statutes read. Selectman Eigabroadt explained that recourse is through the DMV not through the Board of Selectmen. Hastings stated that he is a resident of Warner. Chairman Hartman recommended working out a resolution with the Town Clerk.

3. TOWN REPORT BIDS

Bids were submitted by R.C. Brayshaw, e-print & Riendeau Printing. Sample of reports submitted by e-print and Riendeau Printing were reviewed by the Selectmen. Martha Mical asked if the annual report will remain 6 x 9, it was confirmed that the size has not changed. The difference between Riendeau Printing ($2,952.00) and R.C. Brayshaw ($3,784.00) is $832.00. Laura has past experience utilizing Riendeau Printing and feels the quality is comparable to R.C. Brayshaw. Selectman Cook made the motion to accept the bid submitted by Riendeau Printing in the amount $2,952.00. Seconded by Selectman Eigabroadt. The motion passed unanimously.

4. MAP 6 LOT 31 & 35

A request was submitted to purchase portions of Map 6 Lot 31 & 35. These lots were deeded as part of an inheritance. Since then one of the owners did not have a desire to keep current and the Town took the property for taxes. There are four owners on each parcel. One of the owners would like to purchase the Town’s portion which is .33 acres on both parcels. The parcels are still within the time frame for redemption. The Selectmen agreed to move forward and proceed with the redemption of the Town’s portion of Map 6 Lot 31 & 35.

5. ADMINISTRATOR’S REPORT

Connor’s Mill – Based on the Selectmen’s meeting of January 2nd, Laura has set up a meeting with DOT, FEMA, Ed Mical, Allan Brown, the Selectmen (whomever wishes to attend) and herself, in order to discuss the Connor’s Mill project. The meeting is scheduled for Thursday, January 18th @ 10:00 at DOT in Concord.

Emergency Management – Ed Mical and Chief Chandler are holding a forum tonight with the school Emergency Management Team at Simonds School. The forum is to advise parents on what to do and what not to do in case of an emergency or school lock-downs.

Zoning Board – Is the Board ready to address the recommendation to move Eric Rodgers from an Alternate to a Full Member of the Zoning Board in order to fill Evelyn Joss’ vacated spot? Selectman Cook wanted time to review the meeting attendance record of Mr. Rogers and the number of variances that have been granted. Selectman Cook would like more time to address his concerns.

COLA – Laura asked the Selectmen if they are considering offering a cost of living increase for 2007. If so, based on the total 2006 wages for employees only (including fire but not miscellaneous stipend positions), below are calculated various amounts using $955,389 as the total salary. Currently the proposed operating budget is a 1.62% increase over 2006. Indicated below is the percentage that the increase would change to for each COLA amount.

1% COLA $9,553.89 (1.97%) 1.5% COLA $14,330.84 (2.15%)

2% COLA $19,107.78 (2.33%) 2.5% COLA $23,884.73 (2.51%) 3% COLA $28,661.67 (2.69%)

These amounts would be in addition to the proposal of $28,000 that has already submitted. Laura is still waiting for information from Judith Rogers and the Police Chief regarding their wage scale. Selectman Cook is not in favor of a COLA in addition to the proposed wage increases. Selectman Eigabroadt added that the COLA adjustments were designed to keep the pay scales from falling behind. Martha Mical added that the stipend positions have always been included in a COLA increase. Selectman Eigabroadt recommends meeting with the employees to receive their in-put on a COLA. Laura will schedule a meeting for January 11, 2007 beginning at 8:00 a.m.

Updates Needed: Selectman Eigabroadt will work with Laura on the potential zoning violations regarding the Ruff property and review the complaints regarding the Naughton property. Laura will move forward to assess the need for a part-time (seasonal) position to handle lawn and ballfield maintenance.

6. CHANDLER RESERVATION – TIMBER SALE CONTRACT

The Selectmen approved and signed an extension for a timber sale contract. The extension is until February 28, 2007.

7. OTHER BUSINESS

Martha Mical asked if the Town Reports will be mailed this year. The answer was "yes".

Selectman Eigabroadt expressed his appreciation toward the Highway Department for their efforts during the floods and up until recently to try to stay ahead. Also, kudos' to Allan N. Brown and Ed Mical for their work on the FEMA grants.

The Selectmen submitted their recommendations for the Dedication in the Town Report. A recommendation for the cover was also discussed.

Motion to adjourn 7:20 p.m.

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