Meeting opened at 6:00 p.m.

In attendance:

Selectman Wayne Eigabroadt and Selectman Richard A. Cook

Town Administrator, Laura Buono

Recorder of the minutes is Mary Whalen

Others present:

Royal Latuch Martha Mical

Anthony Mento George Saunders

David Thurlow Chris Connors

Mike Holt

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. All were in favor. The motion passed.

Selectman Eigabroadt made the motion to close the non-public session. Selectman Cook seconded the motion. Roll call: Selectman Eigabroadt, Aye; Selectman Cook, Aye. The motion passed.

Selectman Eigabroadt made the motion to seal the May 9, 2006 non-public minutes. Selectman Cook seconded the motion. The motion passed.

Selectman Eigabroadt made the motion to appoint Bonnie Barnard as Deputy Town Clerk until April 30, 2009. Selectman Cook seconded the motion. The motion passed.

The Selectmen approved rebates for a dog license and an auto registration.

Royal Latuch recommended that the Selectmen allow public comment regarding last weeks meeting before he proceeds with his comments. Selectman Cook explained that other business needs to be addressed this evening; a half hour has been scheduled and wishes to remain within the agenda. Mr. Latuch explained that after the last Selectmen’s meeting he received information that stunned him; he restrained himself from distributing the information. Mr. Latuch has only told a handful of people about this information. Copies have been placed in a separate location by Mr. Latuch who has given instructions that if anything should happen to him this information should be released to the public immediately. A copy of this information has been forwarded to the Town Administrator along with copies for the Selectmen. Mr. Latuch had requested a non-public session. Selectman Eigabroadt does not feel it necessary to discuss the information in non-public, but rather in public, discussing such information does not fall within the guidelines of a non-public session. Mr. Latuch requested that the information (an email sent by Anthony Mento regarding a contractor that Mr. Closs works with) be forwarded to Town Counsel. Selectman Cook asked Mr. Latuch why he finds the e-mail so troubling. Mr. Latuch explained that reputations could be tarnished and sees Warner becoming a plaintiff and defendant somewhere down the line. Mr. Latuch has significant questions regarding the information that need to be answered, but not tonight. Mr. Latuch continued by reviewing a newspaper article written about the April 25^th meeting. Mr. Latuch’s main concern is that the Town will incur unexpected expenses for the building. Mr. Latuch proceeded with a series of questions:

Has the public been made aware of a letter from Mr. Closs dated January 13, 2004?

Selectman Eigabroadt asked why the Selectmen would bring every letter received in the office to the public’s attention. The public has a legal right to inquire for copies of public record.

Mr. Latuch refined his question: Has the January 13, 2004 letter been brought to the voters’ attention?

Selectman Cook answered that the present Board was not in office when the letter was received and does not know what action the previous Board took. Mr. Latuch asked if the Board was aware of the letter before he brought it to their attention. Selectman Cook answered "yes", he reviewed the file when he was elected. The letter that Mr. Latuch references is three years old and a lot has happened since. Selectman Cook also explained that before any money can be spent it must first go before the voters. Mr. Closs can state whatever in a letter; it does not commit the Town to take any action that it does not want to take. Mr. Latuch commented that the letter in question should be the Selectmen’s "bible" and they should know it thoroughly, and the Town should know it.

Do the Selectmen know that the Town is business partners with Mr. Closs?

Selectman Cook explained that the Town is a party to an agreement. There have been two subsequent agreements since the original one that Mr. Latuch references. The Selectmen asked Mr. Latuch if he has read the most recent "Option Agreement". Mr. Latuch said that he was not aware of the agreement. Selectman Eigabroadt explained that it was discussed at Town Meeting (advised by Town Counsel) and approved by the voters. The Selectmen’s Office forwarded a copy of the "Option Agreement" to Mr. Latuch.

 

What disturbs Mr. Latuch is how the meeting minutes of both Selectmen and Odd Fellows Committee follow the actions in the January 13 letter. As a citizen of Warner, Mr. Latuch is not interested in being a business partner with Mr. Closs.

Mr. Latuch understands that it is agreed that the Town will assume responsibility for resolving the parking requirement for the building. Selectman Eigabroadt explained that in the current "Option Agreement" the Town has offered to assist with trying to find an alternative to the parking problem in the downtown area, which in turn would assist the parking at the Odd Fellows Building (Parking Committee was formed, report is on file). Mr. Closs’s intent is to purchase the building and spend his own and the investors’ money, it was made very clear to Mr. Closs that the Town would not be paying out any money. The Selectmen refused to help pay for soil testing in the basement. Money was allocated to clean out the building, as customary for a real estate sale. Selectman Eigabroadt believes that Mr. Latuch feels that there is something else going on. For the public record there is nothing going on. Selectman Eigabroadt’s opinion is that Mr. Latuch is over-reacting. Mr. Latuch does have a right to come before the Board and air his concerns. Mr. Latuch asked if the Board is dismissing him. Selectman Eigabroadt said "no", he was just giving his opinion based on his knowledge, and what has been said in the last two meetings. Mr. Latuch said that everything he has said is based on what he has read in the file. Selectman Eigabroadt clarified that everything said by Mr. Latuch is his interpretation of the files. Mr. Latuch feels that this meeting has been very unsatisfactory. Mr. Latuch requested another half hour at the next meeting; at that time a list of requests will be presented.

Anthony Mento, Odd Fellows Building Committee Chair waived comment at this time.

Old Davisville Road – The survey has been completed by Provan & Lorber and the pins are set. The TA has placed this item on a list for the 2007 Town Meeting so that the Board can discuss whether or not to discontinue it at that time. A letter has been sent to abutting property owners requesting the removal (within a 10 day time period) of items from Town property now that the boundaries have been clearly marked. The Town is waiting for the survey.

Transfer Station Inspection – An inspection of the Transfer Station was conducted by Local Government Center on May 2^nd. The results were positive but there are a couple of areas that need to be changed/updated. A formal report will be forwarded by Ron O’Keefe from the Risk Management Division within a couple of weeks. Paul Fouliard, Selectman Hartman and the TA were present during the inspection.

Accessibility Inspection – Representatives from the Governor’s Commission on Disability came in last week as a Statewide round of inspections to review our accessibility. The Town has a couple of very minor changes (updated signs, door sticks, etc.) which they have recommended. The TA will discuss the changes with Ed Mical.

Discretionary Preservation Easement – Rona Bock has returned the TA’s phone call with regard to the status of her request for an easement on her property for her barn preservation. Ms. Bock contacted the Historical Society today to inquire about getting information for submittal to the Selectmen. She is aiming for the end of the month as a timeframe to have the requested information to the Board. If the Selectmen’s Office does not hear from Ms. Bock the first week in June the TA will follow-up with a phone call.

Mill Street – There was a preconstruction meeting held on May 8^th for Mill Street and the contract between the Town and Weaver Brothers was signed (copy on file). At this point, everyone is waiting for the telephone poles to be moved and for both PSNH and TDS to move their lines onto the new poles. Once that is done, the work can begin. Weaver Brothers will give a one week notice before arriving and will place the necessary signs indicating the start date. It is estimated that the project will take six weeks from start to finish providing there are no interruptions.

NIMS – As Ed Mical has brought forward in the past, all emergency responders will need to be NIMS (National Incident Management System) certified in order for the Town to continue to be eligible to receive grant funding from Homeland Security. The TA has asked Ed if he has any trainings scheduled that the Selectmen and the TA may attend and if not, to see what can be schedule for this year.

Capital Area Health Network – The TA has taken part in the Pandemic Preparedness sessions for the CAHN and has given each of the Selectmen a copy of the current monies ($81,000.00) that the area will be receiving in July and how it is planning on being spent (the money must be spent within six months). There is also a copy of a Memorandum of Understanding (getting word out to the public, recruit volunteers, hold a public forum etc.) which will need to be signed by a representative of the Town as soon as possible. Documents need to be forwarded to Concord Hospital no later than May 22^nd. Part of the $81,000.00 will be used for reimbursing staff to attend upcoming meetings & trainings.

Highway Projects Fund – The TA has asked Barbara Proper to transfer the funds that are currently in the Highway Projects Fund into the General Fund to be accounted for as part of the Reserved Fund Balance. Barbara intends on making the transfer this week and will notify the TA of the balance which has been transferred. Wendy Pinkham will begin accounting for the funds as soon as the amount is transferred. Barbara Proper and the TA will be meeting to discuss the Expendable Funds which need to be handed over to the Trustees as well.

Abbondanza – No reclamation plan has been filed to date. Does the Board wish for the TA to move forward with sending the case to Town Counsel for prosecution? The TA did receive a phone call prior to this meeting by Mr. Abbondanza asking if he could bring in a reclamation plan in the morning. It is believed that the plan needs to be approved by the Planning Board. Selectman Eigabroadt and the TA will draw up a summons.

Budget Committee – Reminder that the Budget Committee will be meeting this Thursday @ 7:00 p.m. in the Selectmen’s Office. The meeting will be a review of the current budget along with election of Chair.

George Saunders met with the Selectmen regarding the mowing bids for the 2006 season. Three bids were received; Perkins Landscaping, Neil Nevins and Tyler Lawn Care. Tyler Lawn Care did not include all the services that were requested resulting in declination. Perkins Landscaping bid $10,195.00, Neil Nevins bid $11,250.00. After considerable discussion and debate the Parks & Recreation Commission recommends awarding the bid to Neil Nevins due to prior experience and familiarity with the task. The Selectmen asked the status of the newly installed well. George Smith is working with Capital Well on the initial hook up. Selectman Eigabroadt made the motion to approve Parks & Recreation Commission recommendation and award the 2006 mowing bid to Neil Nevins in the amount of $11,250.00. Selectman Cook seconded the motion. The motion passed. The Commission is preparing for the installation of surveillance cameras. Selectmen informed P & R that the foot bridge is scheduled for the removal. Mr. Saunders extended a favorable recommendation toward adding David Thurlow as a full member to the Commission.

Selectman Eigabroadt made a motion to grant requests for abatement as recommended by Commerford Nieder Perkins for Map 2 Lot 11, Map 10 Lot 98-2, Map 3 Lot 94 and Map 36 Lot 5. Selectman Cook seconded the motion. The motion passed.

The Selectmen met with David Thurlow in interest toward being a member of Parks & Recreation Commission. Mr. Thurlow explained that he has been involved with the design and construction of the skateboard park structures. Mr. Thurlow attends the meetings regularly and is also involved with WYSA. Selectman Eigabroadt made the motion to appoint David Thurlow as a member to Parks & Recreation Commission. Selectman Cook seconded the motion. The motion passed.

Mike Holt met with the Selectmen regarding a vacancy on the Zoning Board. Mr. Holt was approached by the vice chair about participating on the Zoning Board, Mr. Holt said he would be interested now that he is retired and has the time. Selectman Eigabroadt made the motion to appoint Mike Holt as an alternate member to the Zoning Board term ending April 30, 2008. Selectman Cook seconded the motion. The motion passed.

Chris Connors met with the Selectmen interest toward being a Conservation Commission member. Ms. Connors has been attending the meetings regularly. Ms. Connors works as a landscape architect and feels there is a kinship with the Commission. Ms. Connors is a member of Smartgrowth and she asked the Selectmen if there could be a conflict of interest. Selectman Eigabroadt explained that if she feels during any time there is a conflict of interest to use good judgment and discuss those feelings with the Commission. Selectman Eigabroadt made the motion to appoint Christiana Connors as an alternate member to the Conservation Commission for a term ending April 30, 2009. Selectman Cook seconded the motion. The motion passed.

Adjournment

Board of Selectmen

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