Meeting opened at 6:00 p.m.

In attendance: Selectman Wayne Eigabroadt – Chairman and Selectman Richard A. Cook

Town Administrator – Laura Buono

Recorder of the minutes is Mary Whalen

Others present:

Ken Klinedinst – resident Barbara Annis

Dan Watts Richard Senor

Argus Intertown

Ken Klinedinst met with the Board regarding Planning Board meeting minute’s violations. Mr. Klinedinst requested that the following letter be read into the record:

TO: The Town of Warner Board of Selectmen

Mr. Wayne Eigabroadt - Chairman

Mr. David E. Hartman - Selectman

Mr. Richard A. Cook - Selectman

Ms. Laura Buono - Town Administrator

Subject: The Town of Warner Planning Board violations.

On November 21, 2005, I and other members of the Warner Zoning Board of Adjustment attended a joint meeting with Warner Planning Board. The meeting was chaired by Ms. Barbara Annis, attended by five, a quorum, planning board members, and members of the ZBA. The presenters were individuals from the state, topic, Town of Warner, New Hampshire NH 103 Access Management Study. When the meeting began, I asked Ms. Annis if minutes were going to be taken or recorded. She replied no, this is a "work session" This was a "Public Proceedings" defined by 91-A:1-a...and A violation of RSA 91-A:2

I. The term "public proceedings" as used in this chapter means the transaction of any functions affecting any or all citizens of the state by any of the following:

(d) Any board, commission, agency or authority, of any county, town, municipal corporation, school district, school administrative unit, charter school, or other political subdivision, or any committee, subcommittee or subordinate body thereof, or advisory committee thereto

For the purpose of this section , a "meeting" shall mean the convening of a quorum of the membership of a public body, as provided in RSA 91-A:1-a, to discuss or act upon a matter or matters over which the public body has supervision, control, jurisdiction or advisory power.

All public proceeding shall be open to the public, ……………………….Minutes of all such meetings, including names of members, persons appearing before the bodies or agencies, and a brief description of the subject matter discussed and final decisions, shall be promptly recorded and open to public inspection within 144 hours of the public meeting……

 

And in direct conflict with the Oath of Office, which members of the Planning Board have sworn to:

The Oath of Office: (In Part) I, ______ do solemnly swear that I will faithfully and impartially discharge and perform all duties incumbent on me as (Board Name)….agreeably to the rules and regulation of the constitution and laws of the State of New Hampshire.

A review of 2004 and 2005 approved Planning Board minutes, posted on the official Town website www.warner.nh.us, illustrate the workload of the board as exhaustively enormous, agenda items of corridor studies, commercial district growth, new ordinances, proposed zoning changes, and access management.

The Board’s structure for meeting their goals is managed by the members researching and advising on how to act upon these important issues. They are developed through scheduled work sessions to be held on the third Monday of the month, in addition to the board’s regular business meeting scheduled on the first Monday of every month, but only minutes are recorded at the business meetings. I attended one of the twelve scheduled work sessions of 2005. There was a quorum present of the Planning Board; the reason for not recording minutes was "work session."

As members of The Board of Selectmen, you were elected by the voters of Warner as their representatives, and sworn to, "faithfully and impartially discharge and perform all duties incumbent on me as a member of the board of selectmen….. agreeably to the rules and regulations of the constitution and laws of the State of New Hampshire."

The Selectmen must take immediate action to stop the Planning Board from their total disregard of the law, which is creating invitations for additional lawsuits. Any action less than revoking Chairwomen Annis’s appointment to the Planning Board, will be considered irresponsible and in harmony with their actions.

Respectfully,

Kenneth Klinedinst

The Selectmen will respond to Mr. Klinedinst within (5) five days. Mr. Klinedinst asked Chairman Eigabroadt if he has witnessed minutes being taken or recorded at any of the work sessions that he attended. Chairman Eigabroadt stated "yes". Mr. Klinedinst asked if it was within the last year. Chairman Eigabroadt remembers seeing a recorder at one of the sessions that he attended. Mr. Klinedinst asked if the meeting minutes were posted on the website. Chairman Eigabroadt explained that he is not responsible for the minutes. Mr. Klinedinst understands that the Warner website is the official website for meeting minutes to be posted. Selectman Cook explained that not all minutes are posted on the website, they are available upon request.

Richard Senor asked about re-establishing the Recycle Committee. Richard will run a notice for volunteers in the June issue of the Warner New Paper.

Selectman Cook made the motion to abate $95.97 for Map 9 Lot 26 due to overpayment in taxes. Chairman Eigabroadt seconded the motion. The motion passed.

Faith Minton met with the Selectmen to request the use of the Town Hall on April 22nd from 1-4 p.m. for a full movement workshop. Faith asked the Board to consider a reduction in the rental fee. The Selectmen agreed to waive the fees in lieu of a small contribution.

Chairman Eigabroadt signed paperwork for the final payment towards the Riverwalk project.

Chairman Eigabroadt made the motion to authorize the Director of Public Works to post Class V and Class VI roads. Selectman Cook seconded the motion. The motion passed.

Administrator’s Report

Mill Street – Letters have gone out to property owners on Mill Street to invite them to the informational meeting on Thursday, March 9^th. Allan Brown has also reported that the State has approved the necessary permits for this project. A bid document and a set of plans are in the Selectmen’s Office for review. Selectman Cook presented the warrant to the Men’s Club on February 27^th, and the Road Construction Fund received the most interest.

Transfer Station – Ms. Buono met with Paul Fouliard on Friday and began discussing wages, labor, hazardous waste policy, etc. They got a good start on the areas that they will be working on this year and will continue to work on these areas.

Workers’ Compensation – All employees will be receiving information on our new plan for Managed Care for Workers’ Compensation. A network is in place for workers’ compensation claims much like health insurance that is designed to better manage costs related to these types of claims. A copy of the brochure and letter is in the Selectmen’s Read File.

Asphalt Shingle Recycling – Information on a recycling program for asphalt shingles through MTS Environmental located in Epsom, NH is in the read file for the Selectmen’s review. MTS will be collecting the shingles from the Transfer Station at a rate of $35/ton versus the current rate the Town pays of $51/ton. Mr. Fouliard has been in contact with Bobcat for the cost of a new or used grapple bucket, the Transfer Station was placed on a waiting list for a used grapple. The TA will follow up on references regarding MTS. As long as the Transfer Station stays within their budget the Selectmen encouraged the TA to move forward.

Inventories – The Assessing Office has mailed out the out of town inventories as of Monday, February 27^th.

Building Maintenance/Custodial – Ms. Buono will be holding a meeting this week with Lisa Stasalovich and Ed Mical with regard to building maintenance and custodial duties (tentatively on Wednesday). They will be discussing the job functions that each have in the buildings and how to communicate issues that may arise.

Area Selectmen’s Meeting – Previously Ms. Buono had planned to set up the main meeting hall for the meeting on Wednesday since the Conservation Commission is also meeting. The Selectmen recommend set up in the lower meeting room.

Highway Department – Allan Brown and Ms. Buono will begin interviewing candidates for the open highway position on Monday, March 6^th. There are five individuals that will be invited for an interview.

Odd Fellows Building – Anthony Mento called to respond to a question which arose with regard to research into parking for the Odd Fellows Building. Mr. Closs has had a number of formal conversations with local landowners and is making positive progress. He is also meeting with the SAU this week to have a discussion with them. Updated information will be available at Town Meeting in order to answer any questions that may arise.

The Selectmen approved a building permit for Map 9 Lot 22. A letter will be sent to the property owners affirming the State stipulations for the current septic. Also, the letter will stipulate that the property owners will be allowed to reside in a travel home until an occupancy permit is issued for the new construction.

Dan Watts met with the Board regarding security with e-mails. Preventative action will be taken.

Motion to adjourn 7:30 p.m.

Board of Selectmen

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