Warner Board of Selectmen
Meeting Minutes
March 27, 2007
Meeting opened at 6:05 p.m.
In Attendance: Selectman David E. Hartman - Chairman,
Selectman Wayne Eigabroadt, Selectman Richard A. Cook
Absent: No Members Absent
Recorder of the minutes is Mary Whalen
Others Present: Laura Buono – Town Administrator, Richard
Carter, George Pellettieri, Rick Davies, Hank Duhamel, Larry
Pletcher, Ken Klinedinst, Daniel Bruzga, Daniel Watts, Janice Loz,
Stacey Cooper, Paul Violette, Richard Cutting, Paul Fouliard, Mark
Ruff, Ali Mock, Barbara Annis, Martha Mical, Anthony Mento, Christopher
Closs, and Gerry Marsh
1. NONPUBLIC
Selectman Eigabroadt made the motion to seal and
restrict the minutes of a nonpublic session dated March 27, 2007
pursuant to the authority granted in RSA 91-A:3 III. Selectman Cook
seconded the motion. A roll call vote was taken. Selectman Cook – Aye;
Selectman Eigabroadt, Aye; Chairman Hartman – Aye. The motion passed
unanimously.
Ken Klinedinst asked what the purpose was for sealing
the minutes. Chairman Hartman explained that it is the Board’s opinion
the contents could be harmful to a persons reputation.
2. JUNK YARDS
Chairman Hartman, Selectman Eigabroadt and Laura
attended an informational session at the Department of Environmental
Services where information was presented on new regulations effective
January 1, 2007. The regulations have the municipalities more involved
in certifying that junk yards are being properly tended to. By the law a
junk yard is defined as anything with two or more
unregistered/registered unworthy road vehicles. DES will be focusing on
yards with 25 or more vehicles; it is the municipalities’
responsibility to regulate junk yards. The new laws for certification
are very specific.
Selectman Eigabroadt further explained that the
approach DES has taken is two pronged. One is to ensure that the
facility is licensed and operating properly and secondly making sure
they are not destroying the environment by handling fluids improperly.
The Selectmen still remain the licensing authorities. Therefore DES and
the State did not want to interject DES into the Selectmen’s
responsibilities. DES is available to assist with enforcement but only
on certain issues. DES is asking all the junk yard owners/operators to
police themselves making sure that they are in compliance and it is up
to the Selectmen to verify compliance.
Richard Cutting asked if the Board has given any
consideration toward not renewing a license until existing materials are
removed from the highway right-of-ways. Selectman Eigabroadt is not
clear if a renewal could be held for that reason, suggestion was noted.
DES has supplied a check list and a compliance
certification statement. The goal is education and compliance. Laura
will send the necessary material to the two current yards; the yards
will present certificates to the Town guaranteeing they are using best
management practices. Selectman Eigabroadt recommends contacting both
yard owners, verify if they have received the material necessary from
DES; if not, provide the information and then arrange a meeting with the
yard owners.
Paul Fouliard added that the Transfer Station could
help with any clean-ups with no cost to the owner; Paul has knowledge of
vendors that would pick up steel. Also regulations are tighter for
mercury switches, hydraulic fluids etc.
Selectman Cook asked if a yard is not in compliance
can they be licensed for the year. Selectman Eigabroadt said that the
Board can approve a license as long as there is a plan in place to come
into compliance and they submit to an inspection, the Town can also
assist with the compliance plan.
Laura added that the new licensing could potentially
open up more junk yards. The Selectmen would need to make the
determination and supply the needed information.
Chairman Hartman added that there is the Certificate
of Compliance dealt with by the Selectmen but also there is Certificate
of Location that is given to the Selectmen by the Zoning Board, even for
existing yards.
Martha Mical asked if vehicle grave yards need to
meet the same requirements as junk yards. Chairman Hartman explained
that there is no difference between grave yard & junk yard.
Laura will contact the current junk yard owners to
verify if they have received all the necessary information, create a new
renewal license application and arrange to meet with the owners.
Paul Fouliard added that the Transfer Station is not
allowed to take material from a business. Selectman Cook said it would
be the responsibility of the business to dispose of the material
properly, the Town can assist with information.
Mark Ruff asked if the yards are required to process
the fluids in the vehicles immediately as they come in. The Board does
not have accurate knowledge. Mark asked if the process will be applied
to everyone that falls within the guidelines. The Selectmen said at
first the two known junk yards will be addressed and then other
situations that fall within the definition of junk yard.
Ken Klinedinst asked who will be the enforcers.
Selectman Eigabroadt explained that the Selectmen are the enforcers by
default, it can be added to the Code Enforcement Officer, but it hasn’t
been discussed yet. DES could also be called upon for guidance and
assistance.
2. GENERAL COMMENTS
Ken Klinedinst referenced meeting minutes from
January 2007 where Selectmen Cook voiced he had concerns with the
attendance of a Zoning Board member and the amount of variances that are
being granted. Selectman Cook explained his concerns are just about
every request for a variance or special exception that has come before
the Zoning Board has been granted. Selectman Cook also feels that the
grounds that some were granted for are questionable. In regards to the
attendance of a Board member, the Selectmen were going to appoint a
member to the Zoning Board and Selectman Cook was interested in the
attendance record, and also he was interested in the Board as a whole.
Selectman Cook takes appointing members to Boards seriously and feels it
is the Selectmen’s job to make sure who they appoint is going to do
the job that is asked of them. Ken doesn’t agree how a member votes on
a variance should be part of the equation as far as being appointed to a
board or not.
Richard Cutting added that the individuals that are
going to be interviewed this evening, some for Planning Board and Zoning
Board. It should be seriously considered, that people are neutral in
every aspect. Individuals that are known to be part of a specific
organization should be automatically discarded because they have
preconceived opinions.
Selectman Cook added participation is the most
important thing a citizen could do.
Ali Mock feels being part of an organization is a
conflict of interest.
3. VOLUNTEER INTEREST INTERVIEWS
The interviews will be conducted without public
comments until the end of the session or prior to the appointment at the
next scheduled Selectmen’s meeting.
Hank Duhamel is interested in a position on the
Planning Board. Hank would like to see the tax revenue raised without
affecting the quaintness of Warner.
George Pellettieri is interested in a position on
the Planning Board, Zoning Board or Conservation Commission. George has
past experience as a Planning Board member and has expertise in areas of
design, construction, preparation of plans, issues in bonding, insurance
and liability. George is co-chairman of Warner Citizens for Smart Growth
and would resign the position for one of the board positions. George
understands that there could be apprehension because of the involvement
of Smart Growth and the court case against the hotel but at the same
time George has proven himself as a concerned member of the community in
supporting business growth of all types.
Richard Carter is interested in serving on the
Recycle Committee. The committee at this time is experiencing a hiatus
due to the lack of members. The Selectmen are looking towards the next
20 years regarding the Transfer Station and promoting the education of
recycling.
Rick Davies is interested in serving on either
the Planning or Zoning Board. Rick would like the rural character
maintained, improve regulations and work on the expansion of growth.
Work background is in construction and has a degree in civil
engineering. Rick is currently a co-representative to the Central NH
Regional Planning Commission. Rick is also a member of Smartgrowth.
Larry Pletcher is interested in serving on the
Zoning Board. Larry was a Selectman and has served on the Zoning Board
in the past.
Daniel Bruzga is interested in serving on the
Zoning Board. Daniel is looking to become more involved in the
community; his education surrounds landscape architecture and is
interested in the regulation aspect of zoning. Daniel is a member of
Smartgrowth.
Daniel Watts is interested in serving on the
Planning Board. Dan has been attending the Planning Board meetings which
has sparked an interest in becoming a member. Dan sees the Planning
Board as the architect of the growth in the Town. Dan feels it is
important to facilitate and keep things actively moving along.
Janice Loz is interested in serving on the Zoning
Board. Recently Janice was involved as an abutter with the Zoning Board
and had become fascinated with the process and would like to become more
involved. Janice was also involved with the Charrette and she too is a
member of Smartgrowth.
Stacey Cooper is interested in serving on the
Planning Board. Stacey has experience in landscape design and is also a
member of Smartgrowth and has concerns regarding the future growth of
the Town.
Paul Violette is interested in serving on the
Planning or Zoning Board. Paul has served the Town in many capacities.
Paul has previously on the Planning Board in the early 70’s and
assisted in establishing zones, lot sizes etc. Paul was also a
Selectman, served on the Budget Committee and as Fire Chief for 12
years. Serving on the Planning Board is Paul’s first choice.
All of the above volunteers are aware of the time
commitment involved in being a board member. Each was also asked if they
understood what a conflict of interest (any sort of personal gain) is
and the importance of recusing themselves if a situation arises.
PUBLIC COMMENTS
Chairman Hartman read into the record a letter
submitted by the Zoning Board Chair, Martha Thoits.
Dear Warner Board of Selectmen,
The majority of the Zoning Board of Adjustment would
like to express our concerns about appointing people to be full voting
members of Zoning Board without them first serving as alternates. It
takes time to learn the processes and the procedures of the board,
therefore being an alternate is important. We encourage you to elevate
the next current alternate to full voting membership and to then fill
two alternate slots with some of the new volunteers.
Ken Klinedinst commented that the Selectmen should
consider "balance" when appointing individuals to
Boards/Committee.
Martha Mical as a member of the Zoning Board spoke in
favor of Janice Loz and Daniel Bruzga as alternates to the Zoning Board.
Barbara Annis commented that there is a multitude of
vacancies on the Planning Board and recommended the Selectmen review RSA
673-5 & 673-12 before a decision is made. State law says the
Planning Board may have up to 5 alternates. The Planning Board has a set
of procedures and has been voted that the Planning Board should have no
more than 3 alternates.
Dan Bruzga is surprised that the term Warner Smart
Growth seems so negative. There is a group that is concerned with the
Town and is attending both the Planning and Zoning Board meetings trying
to give their input.
Gerry Marsh sees that there is no direction in the
Planning Board and Zoning Board. There was chaos not to long ago over
the development of McDonald’s. It costs money to run a Town and the
Town needs development.
Ken Klinedinst asked if the Selectmen agree with the
letter submitted by the Zoning Board Chair. Selectman Eigabroadt agrees
with the letter, Selectman Cook does not, he feels that there are people
that were interviewed this evening that have the capability of stepping
into a full member position.
Martha Mical encouraged the Selectmen to reappoint
members of the Zoning Board that wish to be reappointed.
George Pellettieri reiterated that he would be happy
serve to the Board’s pleasure; he does not have a hidden agenda. As
far as Warner Citizen for Smartgrowth, the group was instrumental in
bringing the Charrette to Town. Mr. Pellettieri’s firm participated
for two days showing how the Intervale could be developed bringing more
business to town. Smartgrowth is on the record saying that they are not
opposed to the hotel, but would like the hotel to be more in scale with
the community.
4. ODD FELLOWS BUILDING COMMITTEE
Anthony Mento, Chairman of the OFBC informed the
Selectmen that the Committee has been made aware that grant money may be
available through the NH Moose Plate Program. The due date for the
application is March 30, 2007 and requires the signature of the Board of
Selectmen. Christopher Closs offered to prepare the grant on behalf of
the Town. If approved, the funds would be used to repair/restore the
clock tower. The clock tower is not in the original renovation plan of
the building because it is a non-revenue aspect of the project but is
recognized as an important historical landmark. The grant does not
require a local match. Chairman Hartman will be available for the
necessary signature.
Motion to adjourn 9:35 p.m.
Board of Selectmen
David E. Hartman – Chairman
Wayne Eigabroadt
Richard A. Cook
|