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