Meeting opened at 6:04 p.m.

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

Absent: No Members Absent

Recorder of the minutes is Mary Whalen

Others Present: Laura Buono – Town Administrator, Allan N. Brown, Wade Locke, DSH Enterprise , Mark Ruff, Alfred Hanson, Ken Stern, Martha Mical and Judith Rogers

Mr. Locke met with the Board of Selectmen regarding the new junkyard regulations that went into effect beginning January 2007. Mr. Locke has not been in contact with the State for at least 8 years, but through his recent contact he has received the publication for best management practices regarding junkyards. A compliance form has been provided by the State, the form needs to be completed by the junkyard owner whether he is in compliance or not before the Town can issue a license. After which the Town and the owner will establish a time schedule of compliance. Selectman Cook made a motion to accept the Compliance Certification Form pursuant to RSA 236:115-2 and RSA 236:121. Selectman Eigabroadt seconded the motion. All were in favor. The motion passed. Laura will obtain a certificate of location from the Zoning Board for current operating junkyards. The Selectmen will visit Mr. Locke’s yard on June 9, 2007 at 10:00 a.m.

Mr. Klinedinst asked about the new format regarding the meeting minutes. Mr. Klinedinst also inquired about his right-to-know request asking for all nonpublic minutes; nonpublic work session, nonpublic sealed (protected data redacted, and notices from October 1, 2005 through November 30, 2005. Mr. Klinedinst asked that the statute be followed regarding the availability of material.

Ken asked the Board of Selectmen the status of processing invoices and payment of invoices in a public meeting. Laura explained that she spoke with Local Government Center. LGC was more concerned that the Treasurer is not requiring the Selectmen to tell her to move forward and pay the invoices. The fact that the Selectmen are not authorizing payment of invoices either outside or within a public meeting does not violate the right-to-know law. Ken feels the Selectmen not being part of the process is a violation of their responsibility under the statute. Laura explained that the attorney’s main concern is that the Treasurer should be requiring the Selectmen to give her something in order to protect her from paying the invoices. The process however will be put before the Selectmen to approve the manifest. Laura added that Ken’s twist was more the Selectmen violating the right-to-know law because approval of expenditures is not completed during a public meeting and the Board was neglecting their duties as Selectmen which is really not as cut and dry. The Selectmen are allowing the payments to be made, the Department Heads are signing off on their invoices, and the Board is monitoring the budget. There is a step that needs to be in place between the Selectmen and the Treasurer that is basically the manifest. Ken referred the Selectmen to the preamble of the right-to-know law. Ken asked the Board for a written opinion from Town Counsel. Selectman Eigabroadt explained that the Town will not pay the money for such a request when the Town Administrator reported the legal advice she received, the Town Administrator can provide a written response. Martha Mical confirmed that there is a manifest currently in place. Laura explained that the current manifest is reviewed by the Selectmen after the checks are signed by the Treasurer; the Selectmen need to see the manifest prior to the Treasurer’s signature. Laura is creating an internal control policy. Laura did review the 2005 meeting minutes and found 13 times were the Selectmen approved a purchase order over a certain limit. Chairman Hartman explained that Laura will continue to create an internal control policy, with a goal of having a manifest approved by the Selectmen prior to the checks being signed.

Mr. Stern is looking to purchase a 155 acre parcel located on Gould Road. Most of the property fronts a Class VI road. The Selectmen explained that in order to build on a Class VI road the road first needs to be upgraded to Town

specifications for a Class V road. The Selectmen would then need to vote to either accept the upgraded road or send it to Town Meeting for acceptance. Mr. Stern asked if he would need to upgrade first and then ask for acceptance. Chairman Hartman recommended obtaining preliminary approval. The amount of upgrade would be negotiable between the property owner and the Selectmen. Mr. Stern will meet with the Director of Public Works to determine the length of the upgrade. Mr. Stern asked if the parcel can be sub-divided. Selectman Cook explained that a parcel located on a Class VI road cannot be sub-divided, sub-division can take place after the road is upgraded to a Class V and accepted. Both Selectman Cook and Selectman Eigabroadt would like to be present when both Mr. Brown and Mr. Stern meet.

Jeni Eldrich met with the Selectmen and expressed her interest in serving on the Recycle Committee. Jeni is interested in promoting and educating the positive aspect of recycling. Selectman Eigabroadt made the motion to designate Jeni Eldrich to the Recycle Committee. Selectman Cook seconded the motion. All were in favor. Jeni will be notified when the Recycle Committee will meet.

Selectman Cook made the motion to approve a Sign Permit for DSH Enterprises LLC, 25 East Main Street as indicated on the application with exterior illumination and the sign installed no closer than 2.5 feet from the sidewalk. Selectman Eigabroadt seconded the motion. All were in favor. The motion passed.

Mr. Hanson informed the Selectmen that he will be moving a shed that is located near the road; this will improve line of sight and the drainage problems. The signs (C&M Auto Repair, Inspection Station sign and the fee schedule for inspections) that are presently located on the shed will be relocated on a post positioned out of the right-of-way and no higher than 15’. Mr. Hanson asked if a permit is required to move the building, which will be positioned closer to the repair shop maintaining the required set-backs. No permit is necessary for moving the structure or for the existing signs. Mr. Hanson asked if a building permit is necessary to tear down an existing garage and rebuild it. The Selectmen said a Demolition Permit is required along with a building permit.

Martha met with the Selectmen for direction regarding a trailer on a property located on Kelly Hill. The owner is asking the Selectmen if they would allow the entire property to be placed in current use. The Selectmen agreed with a stipulation that the trailer be removed by June 30, 2007. Martha added that she will not record the change until after the deadline. Selectman Cook made the motion to allow the owners of Map 10 Lot 63 to place the total amount of acreage in current use contingent upon their removal of the trailer on site by July 30, 2007; if not completed by the deadline the one acre currently out of current-use will be taxed as such. Selectman Eigabroadt seconded the motion. All were in favor. The motion passed.

Martha received an abatement request on April 17, 2007, after the March 1 deadline. Martha asked the Selectmen if they wish pass it on to the Assessor’s or deny the abatement request. Selectman Eigabroadt is in favor of denying but is not against forwarding the request on to the Assessor. Laura added that there is still the factor of the Board’s past decision regarding the structure on the property, requiring that it be reduced to its original size. Selectman Eigabroadt made the motion to deny acceptance for an abatement request on Map 22 Lot 2. Selectman Cook seconded the motion. All were in favor. The motion passed.

Selectman Cook made a motion to abate 4 penalties and interest accrued on properties location at Pleasant Lake Estates as stated in a letter dated April 26, 2007 (9 Pleasant Ln, 39, 42 & 47 Casino Circle). Selectman Eigabroadt seconded the motion. All were in favor. The motion passed.

The charge of the Committee will entail the next twenty years. The State has been contacted (Chairman of the Public Works Committee in the House) regarding the lease or the option to sell the property at fair market value. Selectman Eigabroadt remembers when Benson was Governor he was trying to get the fair market value into place, Selectman Eigabroadt believes it did not pass, and is curious when the change took place. Chairman Hartman explained his information is based on a telephone conversation with the Right-of-Way Bureau at the Department of Public Works and Highways, a letter was to be sent to the Town indicating a time table on how the State would deal with Transfer Station site. Part of the charge of the Committee would be to assess the sites capacity, continue the lease or invest in a piece of property, membership to the Committee should be considered, regional participation may be considered, is it viable? The relationship between Warner and the Concord Regional Solid Waste Co-op needs to be considered, Co-op operation is not expected to change substantially. Projections on growth, current staff, current equipment and the efficiency need to be considered and reviewing other Transfer Stations and their operations. Laura will put together a charge based on the random suggestions. Martha Mical added a consideration, how to limit the staff from handling product more than once. Laura asked the Board if they would be open to out of Town resources for the Committee. Judith Rogers added that outside sources have been used for informational purposes.

Traffic Count – Allan Brown would like to know if the Selectmen have any particular roads that they would like to have traffic counts done on. The deadline for submitting requests is June 1^st.

Household Hazardous Waste – After spending some time speaking with Marc Morgan and Dave Degler with DES, Laura has found out what is needed for the Transfer Station staff with regard to the handling of household hazardous waste. Laura has attached a copy of an email she received from Mr. Degler which summarizes the necessary training required. Laura has also spoken to and supplied this information to Paul Fouliard. The class will need to be budgeted by the Transfer Station on a yearly basis.

Flood Damage - Laura participated in a conference call with the Governor’s Office, FEMA representatives and State Emergency Management representatives on April 30^th. Nine out of ten counties have been declared with Coos County being the only one to date which has not been declared. The process for FEMA funds will be the same as it has been for the last two flooding events. Laura has asked Allan Brown to attend a public briefing in Concord this Thursday to sign the Town up for assistance. Individual Assistance and Business Assistance information will be posted on cable, at the Post Office, Library and Town Hall. Once again, the Highway Department, Ed Mical and the Town’s emergency services should be recognized for jobs well done and for the communication that appears to have taken place through this flooding event. Laura will keep the Board posted as the process plays out.

Odd Fellows Building – The Odd Fellows Building Committee would like to meet with the Selectmen to discuss the drainage in conjunction with the Odd Fellows Building. They have requested to have a 1½ hour time slot at the next Selectmen’s Meeting for this purpose. The Selectmen canceled the May 15^th meeting and rescheduled for May 22 & 29. The OFBC will meet with the Selectmen on May 22.

Internal Building Permits – In order to come into full compliance with the State Building Code, the Town will need to implement internal building permits. Since there is a lot of information to review and discuss Laura would like to set up a work session and invite Ken Benward, Ed Mical and Mary Whalen so that everyone can be present to discuss this and offer input as we move forward.

Noise Complaint – A complaint had been received a couple of weeks ago with regard to the backup beeping that comes from the Premiere Coach Company by exit 7. In reviewing the Zoning Board Meeting Minutes dated October 1, 2001 of the Zoning Board, it was stated that this was potentially going to be a 24/7 operation. Approval for the operation was given in June 2002. Laura will send a letter to Premiere Coach regarding the neighboring residents concerns asking for a resolution. Martha Mical explained that a representative from Premiere Coach attended the last Zoning Board meeting, he is aware of the concerns.

Selectman Cook made the motion to approve the abatement requested by the Tax Collector for Map 8 Lot 5 in the amount of $19.15, Map 8 Lot 6-2-SIL in the amount of $46.11. Selectman Eigabroadt seconded the motion. All were in favor. The motion passed.

Both Laura and the Bookkeeper favor the audit proposal submitted by Vachon & Clukay, which also sent a 3-year option reducing the first year’s cost. Selectman Eigabroadt asked if there is an escape clause within the 3-year contract. Laura will verify that the final contract will have an escape clause. Selectman Eigabroadt made the motion to accept the proposal submitted by Vachon & Clukay that will include an escape clause for performance and lack of funding for a 3-year period. Selectman Cook seconded the motion. All were in favor. The motion passed.

The property owner notified Laura that she was unable to attend this evenings meeting. The Selectmen applied the policy to the score sheet. Based on the allowances under RSA 79-D:7; the Selectmen approved 50% during the term of the Discretionary Preservation Easement. Laura reviewed the easement deed with the Selectmen. The term will be for 10 years, survey information will be researched, photos showing inside and out, restrictions such as the barn can not loose its historical properties and it remains a barn. Renewal option, the property owner would need to re-apply for the easement. Termination of the term will result in a 10% penalty based on the fair market value payable to the Town.

Selectman Eigabroadt made a motion to approve nonpublic meeting minutes dated April 4, 2007 and public meeting minutes dated April 17, 2007 with changes. Selectman Cook seconded the motion. All were in favor. The motion passed.

Selectman Cook informed the Board members that he will be out of Town until next Tuesday.

Selectman Eigabroadt as Health Officer, is working on a tenant complaint regarding the quality of the water, the water has a high arsenic level. Selectman Eigabroadt has not found any supporting data that would allow him as Health Officer to enforce the issue, only if it was 15 units or more.

Selectman Eigabroadt asked if the Selectmen’s office is going to continue using Upton Law Firm on a regular basis. Laura explained she used Upton because of the reasonable cost and Upton was currently working on the Cohen property. Any permanent change would be decided by the Board of Selectmen.

Selectman Eigabroadt recommended that as a whole Board to sit down and work through apparent differences. Selectman Eigabroadt continued by saying that it is no secret to the public, as a Board they continue to bump heads about who is doing what and when. Selectman Eigabroadt does not have a problem with the Board speaking in one voice, or the Board acting as a Board provided it is followed by the whole Board. Selectman Eigabroadt continued by saying he has censored the Board members during a public meeting about something he felt they did without consulting him and they have done the same to him, bring up an issue that they felt he should not have done without the backing of the full Board. It is going both ways, and as Board members a strong stance has been taken that it shouldn’t be happening, yet it continues. In Selectman Eigabroadt’s opinion, something needs to be done to decide how the Board is going to open communication. Selectman Eigabroadt recalled when the remaining Board members spoke to him about completing a building permit inspection with consulting with the Board first, and was told that he did not have the authority to do that when the remaining members have done similar things that should have been done as a whole Board. Selectman Eigabroadt feels that acting alone continues and believes the Board should pull together to find out what is going on. Selectman Eigabroadt referenced a logging operation where Selectman Cook shut down the road, and how Selectman Eigabroadt found out well after the fact. Selectman Cook explained that he did not do anything that wasn’t already policy in place, Selectman Cook did not tell the truck driver that he could not drive on the road, he told him that he had to abide by the rules. Selectman Eigabroadt explained what he had heard so the Board understands his questions. He heard that Selectman Cook went back and forth several days prior about the road and the trucks hauling on it and called the Police Department about it when all along the operation had the proper permits. Then Selectman Eigabroadt heard that Selectmen Cook called Allan N. Brown yelling at him about the trucking and then went out to the site yelling at one of the drivers in the truck at the same time Selectman Cook parked his truck sideways at the bottom of the entrance so that know one could go in or out. Selectman Eigabroadt added that he has heard people say that the only reason Selectman Cook closed the road down is because it was his family complaining about it. Selectman Eigabroadt said that he is not censoring in any way, he is just trying to make the point that this is still happening with all of the Board members. Selectman Cook explained his side; he heard from a number of area residents complaining about the logging operation. They called him because he once lived in the area. Selectman Cook also heard from his mother and brother. Selectman Cook went up that day, parked at the end of the road because it was to muddy to drive up, Selectman Cook did have a heated discussion with Allan Brown because Allan told Selectman Cook that he had pulled the waiver, which is why Selectman Cook called the police. The police called Allan Brown who said they now have a waiver. Selectman Cook called Allan Brown resulting in a heated discussion. Selectman Cook did go to the sight and the driver was in the truck and Selectman Cook was on the ground yelling up to him, he was loading the truck, and told them that they had to follow the rules. Selectman Cook did not change the rules; he was trying to see that the rules in place were enforced. Selectman Eigabroadt confirmed that Selectman Cook did not shut the road down and tell them to leave. Selectman Cook said that he did not, because he did not have that authority. On his way out he met Allan Brown. Selectman Eigabroadt said that Allan was the one who said he shut the road down. Selectman Eigabroadt recommends that the Board speak with Allan. Selectman Cook said that Allan was going into the site to tell them that the operation was done. Selectman Cook agreed with Selectman Eigabroadt that he should have called both Selectmen, but no decisions were made by him other than to tell the loggers they had to do what the rules say. Selectman Eigabroadt add that based on Selectman Cook’s version no decision was made. Selectman Cook also felt that the waivers were being abused and felt personally they were making the Board of Selectmen look stupid. Selectman Cook received calls at all hours saying that the operation was violating the waiver. One telephone call cited the operation driving out at 2:00 a.m. At no time did Selectman Cook shut down the road; he only reiterated to the logging operation that what ever stipulations and waivers were in place must be followed. Selectman Cook asked Laura to arrange a meeting with the Police Chief, Allan N. Brown and the Board of Selectmen because of the lack of communication regarding the logging operation. There is no process in place for the information regarding waivers to get to the Board of Selectmen. Through further conversation the Selectmen determined that there was a lack of communications on many levels which needs to be addressed. Chairman Hartman agrees that communication is essential and begins with the Board. Selectman Eigabroadt feels that there are times as a Selectman decisions may need to be made without the privy of the remaining Board members having full knowledge, the proviso is as soon as a decision is made the remaining members need to be notified, the decision can be overturned if necessary, in reference to everyday business. Selectman Eigabroadt said that the Town Administrator has more authority singly than the Selectmen do (singly). Selectman Eigabroadt feels that this is ludicrous; the Selectmen have to work as a team and not against each other and behind each others back. Chairman Hartman recommends meeting at another time to hash out any differences. Selectman Eigabroadt wanted to continue on to discuss an issue involving the Planning Board Chair telling him that Chairman Hartman spoke with her and could not believe that she did not speak up at a Selectmen’s meeting during some incorrect statements that Selectman Eigabroadt made. Selectman Eigabroadt said that Chairman Hartman should have spoken with him first. Chairman Hartman feels that Selectman Eigabroadt did not receive correct information from the Planning Board Chair. Selectman Eigabroadt asked Selectman Cook if he asked Barbara Annis about how to get him off the Planning Board, Selectman Eigabroadt continued that he will be on the Board until the end of his term and intends to run again for Selectman. Selectman Cook said he never had a conversation with Barbara Annis about getting him off the Planning Board. Selectman Cook would like the Board to meet with Barbara Annis regarding such a statement.

The Tax Collector forwarded a question asking if the Board of Selectmen wish for her to place a waiver on a property located in Pleasant Lake Estates that is on the deeding list. The Selectmen agreed to move forward on the waiver.

Martha Mical asked the status on the Cohen property. Laura explained that the bank has changed attorneys; the Town has not received approval from the bank to remove the mobile home, only verbally through the estate. Laura will send another letter to the bank.

Motion to adjourn 9:15 p.m.

Board of Selectmen

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