Meeting opened at 7:00 p.m.

In attendance: Selectman David E. Hartman – Chairman, Selectman Wayne Eigabroadt and Selectman Richard A. Cook

Town Administrator Laura Buono

Recorder of the minutes is Mary Whalen

Others present:

Barbara Annis Royal Latuch Ed Adams Clark Davis

Robert Shoemaker David Thurlow Laura Thurlow Martha Mical

Tom Greenlaw Jim McLaughlin Steve Brown Anthony Mento

Charles Albano Rebecca Courser Judith Rogers Joseph Abbondanza

Mr. Abbondanza met with the Selectmen to discuss his property located on Morse Loop. The Selectmen issued a Cease & Desist Order for the stockpiling & hauling of material and the storage of heavy equipment on the property. Currently there is a front end loader and a heavy truck on the site. Mr. Abbondanza says that the equipment cannot be moved because they are not registered. Mr. Abbondanza has placed finish material to a small area of the property. The hauling of material was reported to the Selectmen’s office late last week. Mr. Abbondanza explained that the hauling was a misunderstanding between both him and his employee and that he left a message (Town Clerk’s office) apologizing. Selectman Eigabroadt asked Mr. Abbondanza how he transported an excavator onto the property. Mr. Abbondanza explained that he used a trailer to transport the excavator. Selectman Eigabroadt added that the trailer could have been used to transport the other heavy equipment off of the property. Selectman Eigabroadt noted that the Selectmen have been dealing with Mr. Abbondanza for three years, orders have been issued and ignored continually. Selectmen Eigabroadt recommended not to approve a building permit for Mr. Abbondanza until the property comes into compliance. Mr. Abbondanza does not understand into compliance. Selectman Eigabroadt explained to Mr. Abbondanza that he is still stockpiling material and storing construction equipment in a R2 zone which is prohibited by the Zoning Ordinances. Mr. Abbondanza was granted 70 days to remove the material from the Zoning Board in 2004/2005. Mr. Abbondanza does not remember the Zoning Board decision. On September 28, 2004 the Planning Board requested a reclamation plan; to date no plan has been submitted. Selectman Cook agrees with Selectman Eigabroadt, a building permit should not be issued until a reclamation plan is submitted. Mr. Abbondanza said he was still confused. Selectman Eigabroadt explained that because he operated the property as a gravelpit a reclamation plan is required by the State (RSA 155 E) to be submitted to the Town. Selectman Eigabroadt explained that the Town intends to move forward with court proceedings. Selectman Cook recommends that the Selectmen put in writing what is required of Mr. Abbondanza; 1) submit a reclamation plan, 2) use the material on site to reclaim the site, 3) any material that is left over after the reclamation along with equipment be removed from the site prior to the issuance of a building permit and 4) to continue with court proceedings. Selectman Eigabroadt stated for the record that because Mr. Abbondanza has already received past written violation notices, from the date of those notices until compliance, Mr. Abbondanza could be fined for each and every day of violation. The next step would be a summons issued for court; if Mr. Abbondanza does not appear in court a bench warrant will be issued for his arrest.

Due to the summer meeting schedule Selectman Cook recommends reviewing and approving building permits outside of the Selectmen’s meeting. The Board agreed.

Building permits were approved for:

Map 10 Lot 55-1

Map 16 Lot 37

Map 03 Lot 24

Selectman Cook made a motion to approve a Sign Permit for Map 3 Lot 75. Selectman Eigabroadt seconded the motion. All were in favor. The motion passed.

Selectman Eigabroadt made the motion to approve a Veterans’ Tax Credit in the amount of $500.00 for Map 10 Lot 24-1. Selectman Cook seconded the motion. All were in favor. The motion passed.

Selectman Cook made the motion to approve a Disabled Veterans’ Tax Credit in the amount of $500.00 for Map 11 Lot 60-3. Selectman Cook amended the motion for in the amount of $1,400.00 Selectman Eigabroadt seconded the motion. All were in favor. The motion passed.

Selectman Cook made the motion to approve a Veterans’ Tax Credit in the amount of $500.00 for Map 1 Lot 8. Selectman Eigabroadt seconded the motion. All were in favor. The motion passed.

The Selectmen reviewed a Blind Exemption. Selectman Eigabroadt asked Martha Mical what determines the amount. Martha explained a vote at Town Meeting. Selectman Eigabroadt made the motion to approve a Blind Exemption for Map 7 Lot 72 in the amount of $15,000.00. Selectman Eigabroadt amended the amount to $1,500.00. Selectman Cook seconded the motion. Martha Mical explained that the amount is $15,000.00 off of the assessment. Selectman Eigabroadt withdrew his motion. Selectman Eigabroadt made the motion to approve the Blind Exemption in the amount of $15,000.00 for Map 7 Lot 72. Selectman Cook seconded the motion. All were in favor. The motion passed.

Royal Latuch met with the Board regarding the Odd Fellows Building. Mr. Latuch stated that his intent is not to interfere with the current process but to put into public record his feelings and opinion about the building and to obtain clarification on some items that are on file. Mr. Latuch would like to offer some suggestions/requests thought to be in the best interest of the Town. Mr. Latuch feels that the Odd Fellows building is the most important issue that this Town has faced; there are a number of people that are emotionally invested in this building. Mr. Latuch met with the Selectmen in 2003 concerned about money being spent on a feasibility study, Mr. Latuch met with the Selectmen asking them not to authorize any more money to be spent on the building, he asked that the porch be removed and then requested to be added to the Odd Fellows Committee. Mr. Latuch feels that by consistent actions, the Odd Fellows Building has been badly handled by the Committee and the Selectmen (i.e. stating the building was cleaned out in a Town Report when Mr. Latuch found that it was not, stating that the building is weather tight when it was clearly apparent that it was not) over the years. Mr. Latuch is very suspicious about what is going on with the current process. Mr. Latuch feels that there are only two options 1) demolish the building 2) rehabilitate the building. The easy solution is demolition. Mr. Latuch asked the Selectmen if they knew the amount it would take to rehabilitate the building. Selectman Eigabroadt stated 1.3 – 1.5 million dollars. Mr. Latuch said that based on formation supplied by Mr. Closs the cost would be 2 million dollars. Chairman Hartman asked Mr. Latuch what he would like the Selectmen to focus on. Mr. Latuch asked to meet with the Selectmen at the next scheduled meeting because he feels he will not have enough time finish. Chairman Hartman asked Mr. Latuch if he was aware that there has been recent documentation that shows how the building will be used, Mr. Closs has been authorized to continue planning for the building, and Mr. Closs has been negotiating with local businesses in regards to parking and has presented a cooperative agreement. The Board of Selectmen knows intuitively that is will be costly to renovate the building. Mr. Latuch asked the Board if they know the Town’s cost with in connection with rehabilitating the building. The Selectmen answered "no". Mr. Latuch feels that the cost of rehabilitating should be firmly in the mind of the voting public. Selectman Eigabroadt asked for clarity, does Mr. Latuch believe that the Town will be paying to rehabilitate the building. Mr. Latuch said "no". Mr. Latuch referenced a letter dated May 5, 2003 that spoke about a 2 million dollar cost to rehab the building. Mr. Latuch referenced an email dated January 14, 2004 from Mr. Closs to the Selectmen, attached was a letter that shows a discrepancy in dates. The date stamped by the Selectmen’s office on the letter is January 14, 2004; the letter is dated January 13, 2003. The Selectmen believe that the letter is an attachment. Mr. Latuch is concerned about the substance and language of the letter, on page 3 it references "public sector partner", Mr. Latuch asked what does that mean, also the letter states "to help form and participate in a joint Odd Fellows Block Redevelopment Committee" , Mr. Latuch requested a copy of the Selectmen’s authorization for that committee. Selectman Eigabroadt explained that the Selectmen appointed volunteers that were willing to move forward to look at options and report back to the Selectmen; also the Town does not have a partnership from a legal standpoint of the term with Mr. Closs other than the "Option Agreement" (with advice from Town Counsel). Chairman Hartman recommended Mr. Latuch finish his point. Mr. Latuch explained that he was not finished. Selectman Eigabroadt explained that he does not understand what point Mr. Latuch is trying to make because he is all over the road. Mr. Latuch stated that he does not have faith in the process that is going on based on the information supplied. Chairman Hartman asked Mr. Latuch if it is the role that he sees the Town actually taking. Chairman Hartman has faith that the process is working; the Town has endorsed the process. Selectman Eigabroadt asked Mr. Latuch if he thinks the Town is taking something on that it shouldn’t they would like to hear why. Mr. Latuch said that this is a good time for departure because he was on the very brink of addressing exactly what the Board just said. Chairman Hartman understands that there are people within the audience that would like to comment but feels the subject should close this evening and schedule another time for further discussion. Mr. Latuch will meet with the Selectmen on May 9, 2006 and pick up where he left off (where the Town may be in a difficult situation).

Code Enforcement – A concern was brought forward by a resident who had a code enforcement infraction with regard to the TA reporting these issues to the Selectmen in an open, public meeting. The resident was not happy that their name was in the newspaper and felt the Selectmen’s office should have called them before speaking to the Board (in a meeting) about the issue. The TA asked how the Board would like future issues handled. Selectman Cook believes that in order for the Selectmen to discuss such an issue it must be done so in a public meeting and recommends using Map & Lot numbers instead of names. Selectman Eigabroadt feels that since it is public information it should be discussed in public using property owners name, for example court dockets use names. Chairman Hartman agrees that some issues should be identified by Map & Lot number. Selectman Cook suggested using the Map & Lot number during the initial conversation because there may be extenuating circumstances. The TA wants to make sure that the Board approves of the manner that these matters are brought forward. Code Enforcement issues are growing. The Selectmen do not disapprove in the manner that they are currently being brought forward. Selectman Cook recommended first contacting a property owner/individual explaining that a discussion will be taking place involving their property/them at the next Selectmen’s meeting. All agreed.

Volunteers/Appointments – Dan Eubank has sent in a resignation for the Conservation Commission & Planning Board which needs acceptance. Selectman Eigabroadt made the motion to accept the letter of resignation by Dan Eubank for both the Conservation Commission and Planning Board. Selectman Cook seconded the motion. All were in favor. The motion passed. The Conservation Commission would like Jim McLaughlin & Amy Knisley re-appointed. Selectman Cook made the motion to appoint James McLaughlin and Amy Knisley as members of the Conservation Commission. Selectman Eigabroadt seconded the motion. All were in favor. The motion passed. George Pellettieri name was also brought up as was Chris Connors. Selectman Cook recommended meeting with the above stated recommendations at the next Selectmen’s meeting on May 9, 2006.

An e-mail was received from Parks and Recreation requesting that David Thurlow be appointed to Sam Cavallaro’s vacant position. Sam does not want to be re-appointed however, the Board appointed him at the last Selectmen’s Meeting. The Selectmen will arrange to meet with Mr. Thurlow on May 9, 2006.

Wagner – Newmarket Road – The enforcement deadline for the Wagner property on Newmarket Road is May 1^st. This issue centers on the removal of a "Grade-All". The TA will send a letter reminding the May 1 deadline.

Depot Road – Mr. Rollins, owner of the apartment building on Depot Street called in response to the letter that was sent to him regarding the front porch. He will begin work on the building code violations next week. The TA will monitor the situation.

Warner Village Water District – The Water District wanted to keep the Selectmen up to date on the 200,000 gallon storage tank on Latting Lane. The tank will end up being 30’ from the road (not the required 50’ under zoning) but it will be underground and grass covered. A variance is not required because it is not a building.

14 Pleasant Lane – The TA has not heard from the Fire Marshall’s Office, she called again and this time was given the response that they have only had control of mobile homes since 2006 so anything before that would not be governed by their office. Mary Whalen has contacted George Bridgeman at the HUD Office and is waiting for a response as to whether or not they will inspect the home and if they know how to check on the flammable standards. Mr. Bridgeman forwarded the request to Shawn McKee, P.E. who has responded stating they will not inspect homes built prior to June 15, 1976. It is his opinion that it would be near impossible to determine if every portion of a pre-1976 home meets post 1976 standards let alone current standards. Local Government Center advised the TA that there would be a liability to the Town if an Occupancy Permit is granted. Selectman Cook recommended giving the homeowners 30 days to provide proof that the mobile home meets current flammable standards, after, if proof cannot be provided the mobile home shall be removed. Selectman Eigabroadt discussed that the Board is aware that the homeowners are residing in the mobile home; it needs to be reaffirmed that no one should be occupying the mobile home until such time a Certificate of Occupancy is received. Martha Mical asked the Selectmen if the property should go on the tax roll. The Selectmen said "yes".

Bock Deed – Atty. Gartrell reviewed the deed that was forwarded by the McLane Law Firm with regard to the discontinued road and has said the deed looks fine.

Tax Extensions – If a resident wishes to make a payment arrangement with the Town, does the Board want to meet with them or have them submit the proposal in writing? The Selectmen recommend meeting with property owners.

Transfer Station Inspection – A representative from the LGC will be coming to the Transfer Station to do a risk management inspection on May 2^nd at 10:00 a.m. This service is offered by LGC and Paul Fouliard felt it would be a good idea to have it done – TA agrees. Selectman Eigabroadt asked if the other departments could also be inspected by LGC.

Line Painting – Allan Brown is ready to move forward with scheduling the line painting. Mill Street will not be included since reconstruction will be done this year. An addition will be the handicap spot for the Transfer Station. Mr. Brown will be forwarding a date to the Board regarding the removal of the foot bridge that is adjacent to Riverside Park.

Purchasing Policy – The TA supplied the Selectmen with a draft Purchasing Policy to replace the one currently used by the Town. The policy is a combination that the TA has used in the past and keeping the basic concept of Warner’s current policy. Wendy Pinkham has already reviewed it and feels it’s a good policy although she thought the wording may be too technical for some employees.

Health Officer – Since Wayne Eigabroadt is currently serving as interim Health Officer, he has to be officially appointed until there is a permanent replacement. Suggestions were made that perhaps we should approach Stephanie Gardner and ask if she is interested. Ed Mical has stated that he may be interested in being appointed as Deputy Health Officer. An advertisement has been placed on cable and the website. Selectman Eigabroadt asked if any thought has been given to share a Health Officer with surrounding communities. Selectman Cook made the motion to appoint Wayne Eigabroadt as Health Officer for the Town of Warner. Chairman Hartman seconded the motion. All were in favor. The motion passed.

A letter will be sent to Map 10 Lot 45 regarding zoning violations. A copy will be forwarded to Town Counsel.

Selectman Cook made the motion to approve non-public meeting minutes dated April 11, 2006. Selectman Eigabroadt seconded the motion. All were in favor. The motion passed.

Selectman Eigabroadt has been approached by property owners requesting a reduction in their property taxes due to the condition of an adjacent property. The Assessing Clerk did forward an abatement application for 2006 (March 1^st deadline has past). Selectman Eigabroadt asked if assessments have been changed in the past on similar situations. The Assessing Clerk said that the Selectmen could send the assessors out to the property in question, and if in agreement the assessment could be changed. Selectman Cook asked if the neighborhood was considered during an assessment. The Assessing Clerk will contact the Assessors to review the properties in question (Map 10 Lot 44 & 46). Judith Rogers commented that this sounds like part of a conversation that the State had with the view tax. There were people that requested a discount because of the views that they had. To be considered is the property in question was established before the property owners purchased.

Selectman Cook was approached by Ralph Kemper who would like to volunteer his services at the Highway Department. The Director of Public Works appreciates the offer. The Selectmen agreed to accept the offer.

Selectman Cook asked the Planning Board Chair if Irving requires a site-plan for the current work that has begun. Ms. Annis explained that an amended agenda including Irving has been posted for May 1, 2006. Irving has been notified to review the submitted plans because the plans indicate a change in pump location. The Zoning Compliance Officer visited the site; the area built up is a staging area that will be used as fill. Irving has been working with the State in regards to the wetlands. Martha Mical commented that a representative from Irving asked the Selectmen’s office if any permits were required for removing water from a holding tank. Test results were to be submitted to the office. Chairman Hartman said Irving made arrangements with the Precinct to dispose the water at the treatment plant. The Planning Board will determine if a site-plan is required. The Town Clerk’s office has received documentation regarding the disposing of the water that requires the Town Clerks signature. Anthony Mento has found in his experience that even expanding the drip edge of a canopy triggers Planning Board approval. Architecturally, organizations are trying to go around the restrictive sign regulations that a community has by providing details, canopies, color accents etc. that are a sign (a consistent theme making a strong signage statement). Mr. Mento also believes that the building design may have won an award within the State.

Barbara Annis commented that a member of the Planning Board can be a member of the Conservation Commission or the Zoning Board.

The Town Clerk asked what the Selectmen’s plans are regarding the wage study. The TA explained that she has begun preliminary work on the wage study and completion is scheduled for the end of the summer. The TA will also be working with the department heads.

Selectman Eigabroadt made the motion to go into non-public session per RSA 91-A 3 II (c). Selectman Cook seconded the motion. Roll call: Selectman Eigabroadt, Aye; Selectman Cook, Aye; Chairman Hartman, Aye. All were in favor. The motion passed.

Chairman Hartman made the motion to close the non-public session. Selectman Eigabroadt seconded the motion. Roll call: Selectman Eigabroadt, Aye; Selectman Cook, Aye; Chairman Hartman, Aye. All were in favor. The motion passed.

Motion to adjourn

Board of Selectmen

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