Meeting opened at 6:00 p.m.

In Attendance: Selectman David E. Hartman - Chairman, Selectman Wayne Eigabroadt and Selectman Richard A. Cook

Absent: No Members Absent

Recorder of the minutes is Mary Whalen

Others Present: Laura Buono – Town Administrator,  Allan N. Brown – Director of Public Works, Mike Russo, David Herrick – Warner Aggregate, Martha Mical, Marianne Howlett and Ken Klinedinst

1. EMERGENCY MANAGMENT

Ed Mical through his work with Emergency Management found another grant at no cost to the Town and funded through the Office of Emergency Management. Resource Conservation & Development from Laconia will work with the Town to work with Emergency Management and the Fire Department in creating a water resource plan for the Town of Warner. Conservation & Development will GIS pump sites design dry hydrants add sites working with the Fire Department and then create a plan. If the Town projects into the future the Town can apply for mitigation funds to put the recommended sites in. Ed, along with the Fire Chief will be attending a meeting on April 4^th regarding the grant. The Selectmen were provided a copy of the information. There is a four part questionnaire asking about the community and past experiences with fires. Selectman Cook made a motion to approve the request for technical assistance for the Town of Warner with the Resource Conservation & Development. Selectman Eigabroadt seconded the motion. All were in favor. The motion passed.

2. NONPUBLIC SESSION

Selectman Cook made a motion to enter in Nonpublic Session pursuant to RSA 91-A: II, 3 (b) hiring. Selectman Eigabroadt seconded the motion. Roll call vote was taken: Selectman Eigabroadt, Aye; Selectman Cook, Aye; Chairman Hartman, Aye. Motion passed unanimously.

Allan N. Brown presented to the Selectmen his recommendation for the vacant Foreman position. Allan feels that the preferred candidate is qualified to be groomed for the Director of Public Works role. Laura added that the candidate also offers the ability to set up files on the computer and maintain them. The Selectmen agreed to meet with the preferred candidate on April 4, 2007 at 6:30 p.m.

Selectman Cook moved that the Board of Selectmen come out of Nonpublic Session. Selectman Eigabroadt seconded the motion. Roll call vote was taken: Selectman Eigabroadt, Aye; Selectman Cook, Aye; Chairman Hartman, Aye. Motion passed unanimously.

3. LOADER

Allan presented the specs for a new loader. Selectman Cook moved that the Board of Selectmen approve the expenditure in the amount of $86,475 for the purchase of a 2007 Kumatsu WA250-5 all-wheeled loader. Selectman Eigabroadt seconded the motion. All were in favor. The motion passed.

4. KEN KLINEDINST

Mr. Klinedinst asked the Board of Selectmen questions pertaining to the disclaimer on the Town Administrators e-mail. The right-to-know law was discussed in relation to e-mails.

5. MIKE RUSSO – DUST

Mike commented that there is a clause stating that a grandfathered gravel pit cannot affect abutting property values; Mike feels the activities at Warner Aggregate have. Mike referenced a letter sent to the Board of Selectmen written by Tobias Nickerson and Warner Aggregate. Mike, even though his name is on the letter did not write or agree with most of the letter. The letter mentions the use of calcium chloride on the dirt road that leads out to Warner Aggregate. Mike is against this use; it kills plant life and would further diminish the value of Mike’s property. Mike believes using a different access road would solve all the problems. Mike’s home is within 100’ of the road that is causing the problem and feels the activities are affecting the value of his home. Mike recommends enforcing the grandfather clause and creating a different access road.

David Herrick from Warner Aggregate explained the reason the letter stated calcium chloride is because he found the magnesium chloride is equal to the calcium chloride. The use of the calcium chloride is intended to be temporary until the biodegradable material arrives. Stone has been imported to lie down at the entrance. The owner of the property (Tobias Nickerson) does not want the whole road hard coated in reference to his horses. David also enforces a speed limit of no more than 10 mph with his drivers.

The June 1, 2007 deadline still stands for a final solution to be in place.

6. LARRY PLETCHER – ACCESSORY STRUCTURE WITHOUT A PRIMARY

Selectman Cook explained that Mr. Pletcher’s wife submitted a building permit for a building that is already built on a lot that is in current-use and has no other structure on it. The structure is an agricultural accessory building. Mr. Pletcher explained that the building is the principal building on a lot used for agricultural purposes. Selectman Eigabroadt noted that Mr. Pletcher is speaking on behalf of his wife without written consent. No decision can be made by the Selectmen. Selectman Cook added it needs to be determined if this is a principal building or has an accessory building been built without a principal building, also building on a lot that is in current-use. Larry explained that the current-use is at this time being rectified. Larry questioned if it is a building at all based on the current zoning definitions because it is only three sided. Larry defined the position of the structure on the property. Selectman Eigabroadt recommends looking up the definition of "building" under the recently adopted International Building Code. The Selectmen agreed that further advisement is needed in order to determine if a building permit is required. Selectman Cook also added that if the structure does not meet the definition of a building then it is not required to obtain a variance.

7. TAX COLLECTOR

Marianne Howlett, Tax Collector, met with the Selectmen and presented an annual letter for the properties that are at the end of the 2005 lien. Marianne advised the Selectmen to wait until May 10^th in order to allow the process to work. Marianne also advised that if one is granted an extension then all would require the same act. Selectman Cook made the motion recommending that the Tax Collector enter into a municipal mortgage notification agreement with Goulett Computer Consultants Inc. with the prices as included within the contract ($13 per parcel). Selectman Eigabroadt seconded the motion. All were in favor. The motion passed.

Marianne noted that she has not found a public record for a particular abatement; she only received a written notice by the Selectmen’s office. Selectman Eigabroadt made the motion to approve abatements on map 11 lot 43-1 and map 14 lot 32. Selectman Cook seconded the motion. All were in favor. The motion passed.

8. GORDON WELCH – BUILDING PERMIT

The Selectmen explained that because part of Mr. Welch’s property is within the floodplain and because the building permit is proposing a larger structure, Mr. Welch is obligated to follow the floodplain ordinance and supply proof that the new structure, at its lowest level, will be out of the floodplain. This information has been verified by the Office of Energy and Planning.

9. BOARD/COMMITTEE APPOINTMENTS

Selectman Cook made the motion to appoint Ken Benward as Building Inspector for a three-year term (2010). Selectman Eigabroadt seconded the motion. All were in favor. The motion passed.

Selectman Cook made the motion to appoint Peter Wyman as Commercial Code Enforcement Site Plan Review Officer until 2010. Selectman Eigabroadt seconded the motion. All were in favor. The motion passed.

Selectman Cook made the motion to appoint Rick Davies and James McLaughlin as representatives to Central New Hampshire Regional Planning until 2010. Selectman Eigabroadt seconded the motion. All were in favor. The motion passed.

Selectman Cook made the motion to appoint Sarah Allen and John Dabuliewicz to the Conservation Commission until 2010. Selectman Eigabroadt seconded the motion. All were in favor. The motion passed.

Selectman Cook made the motion to appoint Wayne Eigabroadt as Health Officer until 2010. Chairman Hartman seconded the motion. All were in favor. The motion passed.

Selectman Cook made the motion to appoint Barbara Chellis, Overseer of Public Welfare until 2010. Selectman Eigabroadt seconded the motion. All were in favor. The motion passed.

Selectman Cook made the motion to appoint Allan N. Brown, Richard Brown, William Chandler and Ed Mical to the Highway Safety Committee until 2008. Selectman Eigabroadt seconded the motion. All were in favor. The motion passed.

Selectman Eigabroadt made the motion to appoint Selectman David E. Hartman as the Board of Selectmen’s representative to the Highway Safety Committee until 2008. Selectman Cook seconded the motion. All were in favor. The motion passed.

Selectman Cook made a motion to appoint Faith Minton to the Parks & Recreation Commission until 2010. Selectman Eigabroadt seconded the motion. All were in favor. The motion passed.

Selectman Cook made a motion to appoint Ed Mical as a full member to the Planning Board until 2010. Selectman Eigabroadt seconded the motion. All were in favor. The motion passed.

Selectman Cook made a motion to appoint George Pellettieri as a full member to the Planning Board until 2010. Chairman Hartman seconded the motion. Selectman Eigabroadt asked if the Selectman have exhausted the alternate list that could be moved to full member. Selectman Cook has considered the remaining alternate and chose not for the following reasons: 40% of the meetings were missed and he did not find active participation after reviewing the meeting minutes. Selectman Eigabroadt suggested that there were other names on the volunteer list that would like to be on the Planning Board as either alternate or full member and still feels strongly that due to the position that Mr. Pellettieri is currently involved in, Selectman Eigabroadt does not believe it is considered ethically correct for the Board of Selectmen to appoint Mr. Pellettieri to a Land Use Board. Selectman Cook added that his reason for nominating Mr. Pellettieri for full membership is he has former Planning Board experience.

Ken Klinedinst recalls Mr. Pelletier stating that if the right people were appointed to these Boards, Warner Citizens for Smart Growth would possibly disband. Ken asked what would then happen to the lawsuit. Ken asked for the Selectmen’s consideration.

Barbara Annis added that she has reservations regarding Mr. Pellettieri being on the Planning Board because she felt he was misrepresenting a proposed ordinance to the public. Selectman Eigabroadt agrees that Smartgrowth was misleading the public.

An audience member felt it would be useful to state that probably nobody on any side of issues were attempting to see that everyone believed what they were saying.

Selectman Eigabroadt stated for the record the he does not have an issue with Warner Citizens for Smart Growth having representation on the Land Use Boards in the Town of Warner. However, Selectman Eigabroadt does not feel that Mr. Pellettieri is the right choice in consideration toward balance on the Planning Board.

Chairman Hartman took a vote on the motion. Selectman Eigabroadt opposed, motion passed 2-1.

Selectman Cook made the motion to appoint Paul Violette as a full member to the Planning Board until 2009. Selectman Eigabroadt seconded the motion. All were in favor. The motion passed.

Selectman Cook made the motion to appoint Daniel Watts as an alternate Planning Board member until 2010. Selectman Eigabroadt seconded the motion. All were in favor. The motion passed.

Selectman Cook made the motion to appoint Stacey Cooper as an alternate Planning Board member until 2008. Chairman Hartman seconded the motion. Selectman Cook feels Stacey is knowledgeable about construction development issues and has a history of participation, she adds to the geographic diversity, she’s a woman which presently there is only one on the board, she is young, and Selectman Cook feels that the Town should engage in younger citizens. Selectman Eigabroadt agrees but feels that she would serve better on the Zoning Board. Barbara Annis supports the nomination. Chairman Hartman took a vote on the motion. Selectman Eigabroadt opposed. The motion passed 2-1.

Selectman Eigabroadt made the motion to appoint Henry Duhamel as an alternate Planning Board member until 2008. Selectman Cook seconded the motion. All were in favor. The motion passed.

Selectman Eigabroadt made the motion to appoint Martha Thoits as a full member to the Zoning Board until 2010. Selectman Cook seconded the motion. All were in favor. The motion passed.

Selectman Eigabroadt made the motion to appoint Eric Rodgers as a full member to the Zoning Board until 2010. Selectman Cook seconded the motion. All were in favor. The motion passed.

Selectman Eigabroadt made the motion to appoint Janice Loz as an alternate member to the Zoning Board until 2009. Chairman Hartman seconded the motion. All were in favor. The motion passed.

Chairman Hartman made the motion to appoint Daniel Bruzga as an alternate member to the Zoning Board. No second to the motion. Chairman Hartman made the motion to appoint Rick Davies as an alternate member to the Zoning Board until 2009. Selectman Cook seconded the motion. Selectman Eigabroadt noted that this appointment would result in two members of Smartgrowth on the Zoning Board. Selectman Cook added that the individuals that have identified themselves as participating in Smartgrowth have also been very involved in land use issues. They have been participating in the meetings and show their interest. Chairman Hartman took a vote on the motion. Selectman Eigabroadt opposed. Motion passed 2-1.

Selectmen Cook recommended establishing an Energy Committee as discussed at Town Meeting. The Committee would look into issues related to the use of energy in the Town along with recommendations to reduce the use of energy. The City of Keene has been active in this area.

Ken Klinedinst commented about the appointments to Boards/Committee. Ken believes if there is a standard of some type, the Board should create the standard and provide it to the Board members.

10. KEARSARGE ELDERLY HOUSING

Selectman Cook made the motion the Board of Selectmen approve the agreement for payment in lieu of taxes between the Town of Warner and Warner/Kearsarge Elderly Housing Inc. Selectman Eigabroadt seconded the motion. Selectman Eigabroadt asked if the calculation was verified. Also the Warner Village Water District has questions about the payment in relationship to the Precinct. Motion fails.

11. VETERANS TAX CREDIT

Selectman Eigabroadt made the motion to approve a Veterans Tax Credit in the amount $500 for map 0n-03 lot 024-41ple. Selectman Cook seconded the motion. All were in favor. The motion passed.

12. TIMBER TAX

Selectman Cook made the motion to approve a Timber Tax Levy on map 5 lot 011. Selectman Eigabroadt seconded the motion. All were in favor. The motion passed.

13. NONPUBLIC MEETING MINUTES

Selectman Eigabroadt made a motion to unseal January 29, 2007 Nonpublic meeting minutes. Selectman Cook seconded the motion. All were in favor. The motion passed.

14. BARN PRESERVATION EASEMENT

The Selectmen are creating a policy; information will be submitted to the secretary to create the draft. The

Selectmen will review at the next scheduled meeting.

15. PLANNING/ZONING SECRETARY POSITION

The current secretary has submitted her resignation. Laura asked if there is any interest in separating the current positon into two positions. Laura would like to see the position evolve into a true land-use office which would include Planning, Zoning and Conservation Commission. The Selectmen agreed that the position should remain combined with possible expansion that would include the Conservation Commission.

16. MEETING MINUTES

Selectman Cook made a motion to approve the March 20, 2007 meeting minutes and nonpublic sealed minutes as corrected. Selectman Eigabroadt seconded the motion. All were in favor. The motion passed.

17. GENERAL BUSINESS

Chairman Hartman spoke with Phil Miles from the Department of Transportation on March 28, 2007 regarding the lease for the Transfer Station property. The State is interested in either leasing or selling the property at fair market value. A letter will be sent to the Town confirming the conversation.

Chairman Hartman informed the Selectmen that the trash container tonnage at the Transfer Station during the month of February was low, one load was shipped out at 4.26 tons. The box itself can hold up to 12 tons. Chairman Hartman called Naughton Disposal asking why he was taking light weight shipments. Naughton explained that they figured the same, contacted the Transfer Station and changed the pull schedule. The tally for February was 8 hauls; March was reduced to 5 hauls. Chairman Hartman thanked Naughton for making the change.

Ken Klinedinst asked the Selectmen why the Selectmen wait until all three have read the meeting minutes in order to approve them. Chairman Hartman explained that it is courtesy purposes.

Barbara Annis asked the Selectmen what they would like the Planning Board to work on this year. The Selectmen will forward their concerns.

Martha Mical reminded the Selectmen in regards to the Transfer Station lease, the Town of Warner owns the well for the water.

Selectman Eigabroadt asked the Assessing Clerk about an Intent to Excavate, under 155E it states that one of the reasons not to grant the intent is if it creates a nuisance, there is one now that has been claimed as a nuisance. The Assessing Clerk explained that there is a list on the bottom of the intent that indicates the circumstances for not signing the intent. Selectman Eigabroadt disagrees, the list certifies that certain items are complete on the intent. Selectman Eigabroadt recommends that the current nuisance complaint (Warner Aggregate) needs to be addressed. Selectman Cook said that the Planning Board is the enforcer.

Laura forwarded a concern regarding Premier Coach; Laura will review the site-plan.

There was a request for meeting minutes which were found to be non-public unsealed. The minutes when found were labeled performance evaluation; in the form that it’s in it does not fall under the right-to-know law. The Local Government Center was contact and also advised that they should remain in the personnel file.

Motion to adjourn 9:50 p.m.

Board of Selectmen

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