Meeting opened at 6:04 p.m.

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

Absent: Selectman Wayne Eigabroadt

Recorder of the minutes is Mary Whalen

Others Present: Laura Buono – Town Administrator,  Judith Rogers, Ken Klinedinst, Ed Mical, Pete Newman

1. KEN KLINEDINST – OPEN GOVERNMENT

Mr. Klinedinst had before him the Selectmen’s response to his March 20, 2007 letter referencing procedural changes to the processing of invoices and check approval for payment. The reply states:

Mr. Klinedinst added that the change took place in 2005 supported by meeting minutes from March 2005 to November 2005. Ken added that since November 2005 when the Town Administrator was hired, there are no public meeting minutes which document the approval for payment of invoices. Mr. Klinedinst asked when was the transfer of authority, where is the Board of Selectmen in this process, plus this action takes place outside of public meetings which violates RSA 91-A as well as RSA 41:9. Mr. Klinedinst is aware that an internal control policy has been in the draft stages for at least 5 months and it is unknown if it will meet the statutes stated. Meanwhile the Board of Selectmen continues to operate in total disregard of the statutes and has improperly transferred their financial duties to a Town employee in ways of check approval of payment. Mr. Klinedinst presented a RSA 91-A request to review nonpublic minutes, nonpublic sealed with the protected data redacted and notices of meetings from October – November 2005. Laura asked for clarification on the sealed nonpublic minutes. Mr. Klinedinst explained the he is asking for the preamble to the nonpublic vote along with the information protected (reason for sealing the minutes). Laura clarified for the record that Mr. Klinedinst is not asking for the discussion that is in a nonpublic sealed, just the motion and the reason. Mr. Klinedinst added that he is asking for the motion to go into nonpublic, the motion to come out of nonpublic and the motion to seal. Mr. Klinedinst had previously asked for a set of minutes (February 2005) that was learned to be within a personnel file marked "Performance Evaluation". Laura will respond in writing for record purposes explaining that the minutes requested are of personnel nature and are not available to the public. Mr. Klinedinst agreed if the contents solely regard employee performance. Mr. Klinedinst asked if the Selectmen are aware of any policy regarding the nomination of the Chairman to the Board of Selectmen. Selectman Cook is not aware of a policy, he only remembers a discussion. Chairman Hartman recalls a substantial discussion in 2006 regarding Chairman, but does not know of a policy indicating a rotating policy for the Chairman.

2. RECYCLE PAMPHLET

Selectman Cook made a motion to approve the Recycling Pamphlet as amended. Chairman Hartman seconded the motion. All were in favor. The motion passed.

3. HOUSEHOLD HAZARDOUS WASTE POLICY AND PROCEDURE

The policy was submitted to the Department of Environmental Services in August 2006 for approval. The Transfer Station staff was consulted. Household Hazardous Waste will now be collected on the first Saturday of every month beginning June 2, 2007. The attendant collecting the material will identify, label and log the waste. Selectman Cook made the motion that the Board of Selectmen adopts the Town of Warner Household Hazardous Waste Policy and Procedure to be effective June 2, 2007. Chairman Hartman seconded the motion. Mr. Klinedinst asked what the impact would be to the Transfer Station manpower. Laura explained that the waste is being collected on a daily basis now. Ed Mical asked if the Transfer Station staff is trained to receive the material. The Department Head has received training. Pete Newman does not believe a hazardous waste license is required anymore. Laura added that Paul brought up on several occasions that the three-day certification has been done away with. The policy cites certified staff in charge of running the collection. Ed Mical asked if the special endorsement for a hazardous waste license has been done away with? Ed also asked about the OSHA or EPA requirements. Laura will verify the concerns. All were in favor of the motion. The motion passed.

4. MARILLA FLANDERS

Ms. Flanders met with the Board of Selectmen requesting an extension to their 2004 owed property taxes. Selectman Cook recommends taking Ms. Flanders request under advisement and first speaking with the Tax Collector. The Selectmen’s Office will notify Ms. Flanders by mail.

5. LARRY PLETCHER – CONTINUED FROM APRIL 3, 2007

Selectman Cook explained that the structure presented, being a three sided structure will require a building permit but will not require a variance based on the Zoning Ordinance. Selectman Cook recommends asking the Planning Board to clarify the definition of "Principal Building", can the principal use of a building be defined by the owner or the zoning district. Ed Mical asked when considering building permits are the Selectmen looking at the State building code and RSA’s which may supersede some of the Town ordinances. Selectman Cook recommends that the Planning Board looks into how the Building Code measures up to the International Building Code.

6. DISCRETIONARY PRESERVATON EASEMENT POLICY

Selectman Cook made a motion to adopt the draft policy for Discretionary Preservation Easements for Historic Agricultural Structures. Chairman Hartman seconded the motion adding effective April 17, 2007. All were in favor. The motion passed. There is one application before the Selectmen which needs to be finalized before the next tax billing. The Selectmen will meet with the applicants during the May 1, 2007 Selectmen’s meeting.

7. KEARSARGE ELDERLY HOUSING CONTRACT

Laura obtained information in regard to the Precinct receiving payment in lieu of taxes from the elderly housing complex. Laura spoke with the Department of Revenue, they consider the Precinct a utility because the Precinct is not part of the Town (RSA 72:23k) so therefore would not be in receipt of payment in lieu of taxes. If the Precinct wishes to move forward, this action taken by the Board of Selectmen does not preclude the Precinct from taken any action of their own. Selectman Cook made a motion that the Board of Selectmen approves the agreement for payment in lieu of taxes between the Town of Warner and Kearsarge Elderly Housing Inc. Chairman Hartman seconded the motion. All were in favor. The motion passed. The Precinct will be sent written notification that they are not eligible for payment because they are considered a utility.

8. TOWN ADMINISTRATOR’S REPORT

Audit – Two proposals have been received with regard to the upcoming audit. The proposals are with the read files for the Selectmen to review. While Mason & Rich feels they should concentrate on expanding the fixed asset list while doing a scaled down audit for 2006, Vachon & Clukay is satisfied with our fixed asset list and has based their proposal on a full audit. Both the Bookkeeper and Laura have reviewed the proposals and both agree on a recommendation to the Selectmen of Vachon & Clukay. Once the Board has had a chance to review the proposals a work session can take place if felt necessary.

Budget – During the process of discussing wage increases with the Town Clerk, Judy and Laura discussed Laura’s proposed increase for the Deputy Town Clerk and an adjustment was made on Laura’s spreadsheet which she neglected to include on the final budget spreadsheet. Laura should have added $500 to the Town Clerk budget and would like the Board’s approval to transfer this amount from the Police wage line to the Deputy Town Clerk wage line. Laura has already spoken with Chief Chandler with regard to this and since he has yet to hire an officer to replace Scott Lewis, a transfer of $500 will not affect that line. Selectman Cook made a motion that the Board of Selectmen approves the transfer of $500 from the Police Wage line to the Deputy Town Clerk wage line. Chairman Hartman seconded the motion. All were in favor. The motion passed.

Budget Committee – The Budget Committee meeting that was previously scheduled for last night has been rescheduled for Monday, April 30^th @ 7:00 p.m.

Montreal-Boston Tour – There will be a few meetings with regard to the Montreal-Boston Tour scheduled between April 23^rd and April 25^th for communities in which the tour will travel through. The most convenient meeting location for Warner will be on Wednesday, April 25^th from 10:00 a.m. to noon at the Hopkinton Library Community Room. Laura has forwarded this information to Chief Chandler via email and hard copy in case he would like to attend.

PLT Membership Agreement – Proposed changes to the Property Liability Membership Agreement through the Local Government Center was received today. Laura has supplied copies to each of the Selectmen for review. These changes will be considered at the LGC Board of Directors meeting on April 30^th.

Foothills Property – The attached letter was received today from Deb Moore, owner of the Foothills restaurant, with regard to an ongoing barn sale she wishes to have from June – October 2007 on Fridays – Sundays from 9:00 a.m. to 3:00 p.m. The purpose of this sale is to rid her home and the homes of some friends of "junk". Does the Board have any concerns with regard to this type of ongoing barn sale? The Selectmen recommend forwarding the request to the Planning Board for their input.

Road Closures – As of 1:00 this afternoon, only three roads remained closed due to damage from flooding. Those roads are Collins Road, Horne Street and North Village Road. Crews were still working on these areas and Weaver Brothers was brought in to work on North Village Road. Collins Road is partially closed, Horne Road is open to 4-wheel drive vehicles and North Village Road is open up to Cunningham Pond Road. A State of Emergency has been declared.

Town of Hopkinton – A Hopkinton resident has built a home with a portion of it in Warner. The Town of Hopkinton is in contact with Warner and is looking for a letter from Warner stating that a building permit is not required for the portion over the town line. Warner’s Building Inspector has visited the site. Selectman Cook’s concern is last he knew Hopkinton did not require inspections and recommends that Warner’s Building Inspector perform a life safety inspection of the building.

Chandler Reservation – The Board of Selectmen signed a Timber Sale Contract Extension between the Town of Warner and Hopkinton Forestry and Land Clearing of Henniker, NH.

Fire Department – Selectman Cook made the motion to accept and approve the quote in the *amount of $15,500 from ANB Fire Protection for the installation of a fire sprinkler system in the Fire Station as approved at Town Meeting. Chairman Hartman seconded the motion. All were in favor. The motion passed.

Judith Rogers added that since the sprinkler system will cost $15,500 and the voters approved $20,000 the Selectmen may want to put the amounts in the motion. (*added to the motion)

9. VETERAN’S TAX CREDIT

Selectman Cook made the motion to approve a Veteran’s Tax Credit for map 3 lot 24-18PLE. Chairman Hartman seconded the motion. All were in favor. The motion passed.

10. MEETING MINUTES

Selectman Cook made a motion to approve March 27, 2007 work session, meeting minutes and nonpublic session along with April 3, 2007 meeting minutes as corrected. Chairman Hartman seconded the motion. All were in favor. The motion passed.

11. GENERAL BUSINESS

Selectman Cook asked if information has been sent to the junkyard owners. Laura explained that one owner already had the information and the other did not. Laura is waiting for the owners to fill out the necessary paperwork. Laura has also assured both owners that their licenses will not be revoked.

12. RECYCLE COMMITTEE

Selectman Cook made the motion to appoint Richard Carter to the Recycling Committee. Chairman Hartman seconded the motion. All were in favor. The motion passed.

13. GENERAL BUSINESS

Selectman Cook added that an Energy Committee and a Transfer Station Planning Committee needs to be formed. The Selectmen still need to develop a charge for the TSPC.

Selectman Cook would like the Planning Board to address temporary signs, definitions of principal and accessory building and the building code.

Selectman Cook will be attending the 4-day Selectmen’s Institute. Chairman Hartman will be attending a census workshop on April 19, 2007.

Ken Klinedinst asked when the Town’s books were last audited. Laura said in 2004. Ken asked what the records retention policy is. The Selectmen explained that record retention is the responsibility of the Town Clerk. The official Town records are kept according to the State retention schedule.

Motion to adjourn 7:40 p.m.

Board of Selectmen

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