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Warner Board of Selectmen Meeting Minutes January 10, 2006
Meeting opened at 6:00 p.m. In attendance: Selectman Wayne Eigabroadt – Chairman, Selectman Richard A. Cook and Selectman David E. Hartman Town Administrator, Laura Buono Recorder of the minutes is Mary Whalen Others present: Jim Fealtman – Fuller Engineering - Irving Oil John Healy Paul Fouliard George Packard Judith Rogers Jim Fealtman met as a representative for Irving Oil regarding a "Sign Permit". The permit entails the change out of the existing signs at the current Mobile station. Selectman Hartman noted that the site-plan indicates no internally lit signs, does this apply to this situation. Chairman Eigabroadt explained that this is not a change of use, this is change of ownership. Selectman Cook made a motion to approve a "Sign Permit" for Irving Oil located at 32 West Main Street. Selectman Hartman seconded the motion. All were in favor. The motion passed. Selectman Cook made the motion to approve meeting minutes dated December 13 & 20, 2005 as corrected. Selectman Hartman seconded the motion. The motion passed. Selectman Hartman made the motion to grant tax exemptions for Map 13 Lot 1& Map 34 Lot 6. Chairman Eigabroadt seconded the motion. Selectman Cook abstained. The motion passed. Selectman Hartman made the motion to defer property taxes on Map 34 Lot 26 in the amount of $1,379.59. Selectman Cook seconded the motion. All were in favor. The motion passed. The Selectmen reviewed line items from the 2005 Highway Department budget that will be moved to the Highway Block Grant, the available money to be spent from the grant amounts to $4,552.28. The Selectmen reviewed the proposed 2006 Capital expenditures to be placed on the warrant.
The TA asked the Board if they wish to set aside approximately $8,600.00 from the insurance claim for the flooding that took place in the lower meeting room in a separate article for the future. The Selectmen agreed to let the money lapse into surplus. Paul Fouliard met with the Selectmen; Chairman Eigabroadt asked Paul if he wished to hold this session in non-public, Paul declined. The main focus is Paul’s performance evaluation. The Selectmen have developed some ideas but first the Board asked Paul what his expectations are regarding the performance evaluation. Paul asked for a realistic evaluation by someone that has observed and worked with him. Chairman Eigabroadt explained that the Board does not work with the Department Heads on a daily basis, Chairman Eigabroadt asked Paul to be more specific. Paul explained that Chairman Eigabroadt has managed to keep in touch with the Transfer Station on a weekly basis, and is fully aware of the problems that were happening along with potential problems. Selectman Cook explained that the performance evaluation was not completed by one Selectman, the evaluation was reviewed by the Board and agreed by the Board. Paul does not agree with the evaluation. Chairman Eigabroadt explained that all three Selectmen did review Paul’s evaluation but not all three Selectmen were in complete agreement, Chairman Eigabroadt was not in agreement with all the statements on the evaluation. Paul commented to Selectmen Cook that at the time of the evaluation Selectman Cook stated that it was not an evaluation of Paul’s work or his job but Selectman Cook’s opinion on how Paul dealt with the Board. Selectman Cook explained that is what he is most familiar with. Paul said that Warner does not have a document that covers that, if it does Paul would like to see the directions, and Selectman Cook’s qualifications for filling it out. Selectman Cook stated that his qualifications are that he is Paul’s supervisor and he has also attended workshops in his former employment. Paul does not agree that the instructions on the performance evaluation were followed, Selectman Cook disagrees. Paul would like to see a fair assessment of his work and an end to the disagreements. Selectman Cook recommended setting aside the performance evaluation and begin work on an agreed list of goals and objectives for a performance review in six months. Paul asked if that recommendation is for everyone or just him. Selectman Cook said that this recommendation is for Paul. Paul said that the recommendation is not satisfactory. Selectman Hartman said that the Board has reviewed Paul’s performance review point by point. Selectman Hartman does not understand why the Board would review Paul’s evaluation again. The Board asked Paul for a response to his review; the only thing the Board has heard Paul say is that everything on the review is wrong. Selectman Hartman feels that it is Paul’s responsibility to respond as the Board has asked him to (points that were made on the evaluation). Paul said he wasn’t satisfied with the review when it was presented to him and he is still not satisfied. Selectman Cook commented to Paul that the Board made an offer that he has dismissed. Paul feels that he is being treated differently from the other employees. Selectman Cook commented that the Board does not have the same issues with other employees. Laura suggested establishing goals and objectives only because it is part of the performance evaluation. The Board has asked Laura to revamp the form. With the current changes in management, Laura will be working with Paul this year, establishing goals and objectives is the first step toward moving forward. Chairman Eigabroadt asked Paul why he feels he is being treated differently. Paul doesn’t believe that there is any other employee that received a review based on the perception of how they dealt with the Board. Paul stated that this is the second time his first amendment rights have been violated. Chairman Eigabroadt asked Paul to be more specific. Paul explained that the first time was when he wrote an article about the advantages of taking plastic from Bradford and the grant money that was tied to it. The second time is a newspaper article (article not specified), Paul has Supreme Court decisions that say you cannot coerce, intimidate, threaten, or discipline for speech. Paul would like a retraction and an apology. The Board will research Paul’s request along with the case law presented. John Healy commented that he is aware that Paul’s performance evaluation is negative. What are the objective problems that exist at the Transfer Station that result in a negative performance evaluation? What are the facts and figures that indicate that Paul is not running the Transfer Station properly i.e.: lost work time, Transfer Station not open on time, is he over his budget, abuse of sick time, complaints received etc. Chairman Eigabroadt said "none of the above". Selectman Hartman said of recent there was complaints received about smoking on the premises, in the past complaints have been received about the lack of sticker enforcement. Selectman Hartman asked Paul if he was referencing the newspaper article regarding the Board reprimanding Paul about rumors. Selectman Hartman believes that the Selectmen have a responsibility to ask Paul to refrain from negative content. Selectman Hartman commented about Paul’s article in the paper regarding accepting recycables from Bradford. The Town expressed at a Town Meeting they do not want to be involved regionally. Selectman Hartman does not agree with Paul about being able to say whatever he wants to say if it is said in the position of running the Transfer Station. Chairman Eigabroadt commented that corporations have certain policies that require certain responsibilities of their employees as to what they say. John Healy advised the Board to obtain Town Counsel advisement regarding Paul’s first amendment rights. Selectman Cook does not understand what Paul’s goal is; it seems that he is less interested in moving forward. Paul said that he is trying to keep this out of the courts. Paul is not interested in settling the way the Board wants. Selectman Cook asked Paul how he wants to settle this. Chairman Eigabroadt stepped in and said Paul wants someone else to do his evaluation and a retraction placed in the newspaper. Paul agreed. The Board and Paul have a clear difference of opinion regarding the definition of a rumor. Paul did say that he is agreeable to Laura’s suggestion regarding the establishment of goals and objectives with a target date of six months to be reevaluated. The Selectmen will obtain Town Counsel’s advice regarding the first amendment. Paul said he doesn’t have a problem with the goals & objectives as long as they are done for everyone. Chairman Eigabroadt said that if it were agreed too, then goals & objectives would be done for everyone. Paul said he would then be agreeable. John Healy commented on some exercises that support what you think you heard might not be what the person meant. George Packard understands that a Supervisor who had a strong knowledge of how the Transfer Station operations are managed did not complete the evaluation that Paul received. The evaluation was based largely on the Boards perception on how Paul deals with the Board. The Selectmen will meet again with Paul on January 17, 2006. Judith Rogers commented about Paul’s feeling that he has been treated differently. The Town voted to treat elected officials as hired employees, yet no elected officials received a performance evaluation this year because the Board learned through Local Government Center that the Board did not have to give performance evaluations to elected officials. Judith’s argument was the vote of the Townspeople….. Chairman Eigabroadt explained that Local Government Center advised that it was not legal to do so. General conversation continued with audience members and the Board regarding the need to change the current evaluation process. The TA presented a request submitted by the Town Clerk for a pay rate increase for the Deputy Town Clerk. The Town Clerk understands that a pay adjustment is temporary until the TA completes her research on the Deputy Town Clerk wage scale. Selectman Hartman commented that at last week’s meeting he stated that he was in favor of the 2.75% cost of living increase and does not support making an exception, but would not vote against it if two were in favor. Chairman Eigabroadt made the motion to approve a pay rate of $13.44 for the Deputy Town Clerk. Selectman Cook seconded the motion for discussion. Selectman Cook understands the Town Clerk’s position, but wants to make sure this motion is fair to all other employees. Vote was taken on the motion. All were in favor. The motion passed. The Selectmen reviewed a request submitted by the Transfer Station Department Head to advance a Laborer to an Attendant. The request also asks for the Laborer to be placed at the top of the Attendant pay scale. Selectman Hartman does not see this request as a special case compared to what the Board agreed to do with the Deputy Town Clerk. Selectman Cook made the motion that in recognition of Don Wheeler achieving a Level III license that he is promoted from Laborer to Attendant placing step 3 on the Attendant’s wage scale. Chairman Eigabroadt seconded the motion. Selectman Hartman abstained. The motion passes. Selectman Hartman explained that there are two bills in the Legislature, one is Senate Bill 104 that has to do with taxation of pollution control equipment, it could affect the Co-op (Wheelabrator incinerator). The second is House Bill 1459; this bill requires a setback for all new landfills from designated rivers. Currently there is a 100’ setback; the bill increases the setback to 1,500’. Chairman Eigabroadt is researching the Finance Director’s software to see if it is able to track earned time for a bucket system. Selectman Hartman would like to devote time to discuss the bucket system. The TA presented her weekly report. Hazardous Waste – At the leadership institute class she attended on Wednesday, January, 4th, she spoke with the supervisor of the hazardous waste area for the Town of Goffstown. She mentioned that we had just received a copy of the plan that Goffstown has in place and will be working on a plan for our town. He has offered to assist us in any way he can and she passed this information on to Paul. Warrant – Ms. Buono has begun working on the 2006 Warrant and has received the first petitioned article which deals with increasing the veteran’s tax credit from $100 to $500, which is the maximum amount allowed under RSA 72:28 II. Warner Business Association – Ms. Buono has offered to be the town representative for the Warner Business Association and will be attending their monthly meetings as well as their annual meeting which is scheduled for Wednesday, January 25th. She said she believes in the partnership between local businesses and the municipality and am looking forward to becoming a part of this association. She will keep the Board informed as to the various areas that are discussed during these meetings as they occur. Riverside Park – The executed agreement for the well at Riverside Park has been mailed to Capital Well with a copy of the letter forwarded to the Parks & Recreation Commission. Ms. Buono has asked that Capital Well contact her to schedule the installation so that it may be coordinated with Parks & Recreation. Flood Mitigation – Ed Mical and Laura attended a workshop with regard to the grant process for the Flood Mitigation Assistance (FMA) grant program through FEMA. She will be assisting Ed in any area he needs with regard to this grant as it applies to the East Roby Rd. project. Odd Fellows Block – Ms. Buono has been in contact with Don Gartrell with regard to the process in which the extension needs to be handled and he is of the opinion that the extension of the agreement should be brought before the Town Meeting. Even though the Agreement states that "This agreement shall be extended for 1 additional 12 month period upon agreement of the parties", based upon the vote at the 2005 Town Meeting, "parties" is in reference to the legislative body. Primex – The information with regard to the letters received from Primex has been forwarded to Town Counsel. In speaking with Atty. Gartrell today, he would like further information with regard to the pooling credit and how it was presented to the Town. Laura has discussed this with Wendy and she is double checking her files to see if additional information had been received with regard to this. Old Rte. 114 – Does the Board wish to address whether or not to place a warrant article on to discontinue old Rte. 114 as mentioned at an earlier date? The Selectmen will present a warrant article to discontinue, the abutters will be notified. Laura will also research the proper procedure for discontinuing. The Selectmen discussed and determined the dedication and cover for the Town Report Selectman Hartman made the motion to accept the resignation submitted by Lynn Perkins from the Planning Board. Selectman Cook seconded the motion. All were in favor. The motion passed. The Board and the Assessing Clerk will be meeting with Matt Upton on Tuesday, January 17, 2006 at 9:30 a.m. for continued mediation discussion regarding the assessment of Market Basket. Motion to adjourn 9:40 p.m. Board of Selectmen Wayne Eigabroadt – Chairman
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