Warner Board of Selectmen

Meeting Minutes

March 18, 2003

 

Selectman Mical opened the meeting at 6:00 p.m.; in attendance was Selectman Edward F. Mical, Selectman John C. Brayshaw, Selectman Allen C. Brown along with members of the public.

Recorder of the minutes is Mary Whalen.

First order of business was to elect a Chairperson to the Board of Selectmen. Selectman Brown made the motion to nominate Edward F. Mical as Chairperson to the Board of Selectmen. Selectman Brayshaw seconded the motion. All were in favor. The motion passed.

Marianne Howlett, Tax Collector, met with the Board to further discuss Tax Lien Research. At the March 11, 2003 Selectmen’s meeting, the Board asked for more information regarding the insurance coverage of the company doing the lien research. The insurance coverage is for $1,000,000.00 (one million dollars) which will protect the Town from any negligence due to the searches on liens. Selectman Brayshaw made a motion to accept the proposal for Tax Lien Research from Goullet Computer Consultants Incorporated (Researching the mortgagees for the tax lien). Chairman Mical seconded the motion. All were in favor. The motion passed. The Board signed the contract for Goullet Computer Consultants Incorporated. Mrs. Howlett left a quote for the real estate tax bill forms for Board approval.

Wendy Pinkham, Finance Director, met with the Board of Selectmen to further discuss a request for modification pertaining to Mrs. Pinkham’s retirement. The previous approval from the Board to modify was denied by New Hampshire Retirement System. There is an appeal process that may be filed within sixty-five days from receipt of the denial letter. Mrs. Pinkham is asking the Board if they would be willing to appeal for the six-month probation period when Mrs. Pinkham was hired. Chairman Mical asked if Mrs. Pinkham has the information showing qualification of the enrollment for the six-month period. The Board would like to review the information before proceeding.

The Board discussed the posting of a six ton limit to Class V Roads, and closing Class VI Roads to wheeled vehicles from March 24, 2003 through May 15, 2003. Chairman Mical made a motion designating Allan N. Brown to issue permits to vehicles exceeding the six ton limit on Class VI Roads. Selectman Brayshaw seconded the motion. All were in favor. The motion passed.

Public Hearing

Chairman Mical opened the continued public hearing per RSA 231:28 the conditional layout of a Class V road (130 feet) over a Class VI road known as Cunningham Pond Road. Mr. Eugene Moran (petitioner of the road upgrade) approached the Board with a letter from Mr. Roy Champagne who is an abutter that is in favor of the road upgrade. The Director of Public Works reviewed the plans for the road upgrade. Changes to the width of the road, (18 foot wide with one-foot shoulder on each side) were made to stay with the existing contour of the road. Public comments were taken and recorded (minutes on file).

Chairman Mical closed public comments.

The Board discussed receiving clarification from Town Counsel regarding the road upgrade.

Mr. Moran commented that he would put a covenant on his deed for no further sub-division, along with Mr. Eubanks (abutter) that would then be a total of 130 acres combined. Contingent upon the deed being brought to the Town of Warner as proof that it has been recorded with the Registry of Deeds.

Mr. Eubanks stated that he would like to see a covenant acceptable to the Conservation Commission that is going to be enforceable.

Selectman Brown would like a determination on how the covenant would be enforced over time.

Chairman Mical asked Mr. Moran to work with his attorney on the covenant for the deed and for Mr. Eubanks to work with the Conservation Commission on an easement. The Board will meet again on April 1, 2003 with both Mr. Moran and Mr. Eubanks, along with the Board of Selectmen clarifying with Town Counsel the lay out of the proposed upgrade to Cunningham Pond Road.

Selectman Brayshaw made a motion to continue the Public Hearing to April 1, 2003. Selectman Brown seconded the motion. All were in favor. The motion passed.

At this time the Board of Selectmen recessed in order to move the meeting back down to the Selectmen’s Office.

Flor Whittaker, met with the Board of Selectmen to receive clarification in writing, stating that a sub-division was not previously approved on her land from Mr. Will Begin. Selectman Brayshaw (Selectmen’s representative to the Planning Board) stated that the application submitted by Mr. Begin had been withdrawn and approval was never granted. The Board referred Mrs. Whittaker to the Planning Board secretary to help her with this request.

The Selectmen’s Responsibilities were passed out to the Board for their review. The Board will clarify responsibilities at the March 25, 2003 Selectmen’s meeting.

The Board reviewed a list of Appointments to various Boards and Committees that are due to expire this year. The Director of Emergency Management expires this year; Selectman Brayshaw asked if there could be any conflict of interest regarding Chairman Mical as the Chairman of the Board of Selectmen and the Director of Emergency Management. Chairman Mical explained that surrounding Towns such as Hopkinton, Bradford and Newbury have had Selectmen serve as both Chairman and Director of Emergency Management. The Chairpersons of the various Boards will be contacted for their input.

The Board of Selectmen reviewed a Septage Disposal Agreement from the City of Concord. The Board asked for clarification regarding any cost to the Town of Warner. Information will be made available for the Board at the March 25, 2003 Selectmen’s meeting.

Public Comments

Judith Rogers, Town Clerk made a recommendation to the Board to re-appoint Beverly Fantasia as Deputy Town Clerk. Mrs. Rogers asked the Board about the status of the security system. Chairman Mical has a price quote and would like to verify any price changes. Chairman Mical informed Mrs. Rogers that the Department Heads will be meeting next week. Mrs. Rogers also requested a non-public session with the Board.

Clark Lindley, made mention of an error on page forty of the Town Report. Mr. Lindley made mention of the amount of money spent on the telephone bill for the Town of Warner. Mr. Lindley spoke on behalf of a neighbor, regarding property damage that occurred last summer from road side mowing.

Barbara Annis directed her comment to Chairman Mical and Selectman Brayshaw and asked if they are going to "tweak" the budget in order to uphold the decisions made in November and December of 2002, or will they uphold the vote of Town Meeting. Selectman Brayshaw commented that he would uphold whatever was decided at the Town Meeting. Mrs. Annis replied that the people would loose their pay raises because there is no money available. Chairman Mical commented that the budget still needs to be reviewed with the Department Heads. Selectman Brayshaw stated that the job of the Selectmen is to work within the means of the budget.

Clark Lindley commented about not spending money for bonuses.

Barbara Annis commented that the preceding Board set precedence by initiating pay raises at the end of the year with the money coming out of the beginning of the next year before the Townspeople voted on it.

Judith Rogers commented the changes that were made to the salaries were based on the study from the Wage Study Committee to those that were below scale.

Barbara Annis stated that the pay raises should have waited until after Town Meeting.

Richard Cook discussed the upcoming expiring appointments to the Conservation Commission. Mr. Cook thanked the Board for their judicious approach toward the public hearing. Mr. Cook recommended signing an option that says that by a date an easement will be completed for Mr. Eubanks.

Chairman Mical closed public comments.

The Board signed the corrected minutes from February 25, 2003, and Intent-to-cut, four Town Hall rentals and one building permit.

The Board reviewed the March 4, 2003 meeting minutes. Selectman Brayshaw made a motion to approve the March 4, 2003 meeting minutes with corrections. Chairman Mical seconded the motion. All were in favor. The motion passed.

Chairman Mical made a motion to go into non-public session per RSA 91-A :3 II (c) matters if discussed in public would affect the reputation of any person. Selectman Brayshaw seconded the motion. All were in favor. The motion passed.

Chairman Mical made a motion to seal the non-public session minutes per RSA 91-A:3,III, divulgence of the information likely would affect the reputation of any person. Selectman Brayshaw seconded the motion. All were in favor. The motion passed.

Selectman Brayshaw made the motion to adjourn at 9:40 p.m., Selectman Brown seconded the motion. All were in favor. The motion passed.

 

Edward F. Mical – Chairman

John C. Brayshaw

Allen C. Brown