Meeting opened at 6:00 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, Martha Mical, Judith Rogers, Dan Harte, Marianne Howlett,

Mary Whalen, Robert Shoemaker III, Ken Benward and Bob Fletcher

Mr. Harte met with the Selectmen to discuss a deeded right-of-way dating back as far as 1907 allowing pass and re-pass to his parcel over two other parcels; the right-of-way comes off of a Class V road. Mr. Harte believes the right-of-way meets the criteria for a build-able lot. The property contains 10.5 acres with a dated mobile home with a wooden addition and a truck container for storage on the site. Mr. Harte intends to remove the structures and upgrade the property to build. There was an agreement with the Town allowing the previous owner to install a septic system within the Town’s right-of-way. Mr. Harte is asking the Selectmen if the easement allows this lot to be built upon. Chairman Hartman explained that this property has been discussed in the past and was unaware that an easement existed. Selectman Cook explained that it has been understood by this Board and past Board’s that the State Statute 674:41 precluded the construction of residents on a lot with no frontage on a maintained Town road. The Board has since heard there are exceptions to that, but there is also a town ordinance, Article 15, requiring a minimum of 50’ of road frontage. Selectman Cook does not believe that this lot has the required frontage and therefore cannot be used for residential purposes under Article 15. Mr. Harte asked if he can upgrade the existing building. Selectman Cook explained that the building cannot be made any larger; the structure can only be replaced in-kind. Mr. Harte confirmed that the Town ordinance over rides the State Statute. Selectman Cook explained to Mr. Harte that he may appeal to the Zoning Board for a variance. Selectman Eigabroadt confirmed that he agrees with Selectman Cook’s interpretation of Article 15. Mr. Harte asked if the deeded easement counts as road frontage. Selectman Eigabroadt said that the easement would need to be considered by the Zoning Board. Selectman Eigabroadt explained that in his opinion the lot in question is not a build able lot; the existing building could be replaced in-kind. Selectman Eigabroadt understands this is the same answer that several people prior to Mr. Harte have received as well. Selectman Cook asked if the site Mr. Harte would like to build on is in the flood way. Mr. Harte said no. Selectman Cook asked if the site meets the set backs as required by zoning. Mr. Harte said that he believes so. Selectman Cook asked if a State approved septic can fit on the site. Mr. Harte said yes. Chairman Hartman would like to visit the site; the remaining members have already done so. Laura has obtained advice regarding this lot from the Local Government Center. Selectman Cook feels that the advice obtained from counsel should remain privy to the Board. Selectman Cook explained that he did view the lot from the Town’s right-of-way because he received a call regarding violations of the Shore Line Protection Act. Selectman Cook said that it did appear to him that a large rock was placed within the bank. Mr. Harte explained that during the flood the driveway washed away so he tried to repair and stop the damage from occurring to protect what was there, existing material was used. Selectman Cook asked Mr. Harte if he placed boulders within the bank of the river. Mr. Harte said that he moved what was already there. Selectman Cook said that is a violating act and he has reported this to the Shoreline Protection Coordinator at the Department of Environmental Services. Selectman Cook added that if Mr. Harte chooses to go before the Zoning Board to ask for a variance, he asks that the Board of Selectmen take a position against granting a variance in this case because Selectman Cook feels that it is not in the Town’s best interest to encourage development on land with no road frontage. Chairman Hartman summarized; the Selectmen advised Mr. Harte to go before Zoning Board to ask for a variance. Mr. Harte has heard that at least two Board members would offer an opposing opinion to the Zoning Board. Mr. Harte asked for clarification regarding the Zoning Board. Selectman Cook explained that if a variance is granted then Mr. Harte would be able to apply for a building permit as long as all other zoning requirements are met. Laura concluded by explaining that a right-of-way is not road frontage.

2. INTERIOR BUILDING PERMITS

Building Inspector Ken Benward and secretary Mary Whalen met with the Selectmen to discuss interior building permits as required by RSA 155-A. Ken explained that permitting is required for any modification to an existing structure that will change its performance. The Town adopted the International Building Code by reference as well as the State Building Code. Required permitting reads as follows:

Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish,

or change the occupancy of a building or structure, or to erect, install enlarge, alter, repair,

remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation

of which is regulated by the International Residential Code, or to cause any such work to be

done shall first make application to the building official and obtain the required permit.

There are other stipulations that now require a permit that did not in the past such as swimming pools and retaining walls over 4 feet high. Public notices will be posted encouraging contact with the Selectmen’s office for assistance in what requires a permit. Fees will be based on the number of inspections; interiors will require one rough inspection. A recommended fee amount is $30.00 per permit. The Selectmen will address the fee structure at the June 26^th meeting.

Mr. Fletcher approached the Selectmen and asked that they address a structure attached to a barn on an abutter’s property that is located to close to the property line. It is believed that the structure was built without a building permit. There are other issues attributed, large rodents coming from the abutter’s property have infested Mr. Fletcher’s home; witnesses were available to confirm this. Mr. Fletcher is asking the Selectmen to enforce the Zoning Ordinance and the rodent issue. The abutter will be contacted in order to participate in a site-visit with the Selectmen.

Laura asked the Selectmen how they wish to pursue commercial properties that are not complying with the temporary sign ordinance. Letters have been sent to proprietor’s located at Exit 9, some have complied. Selectman Eigabroadt recommended utilizing the Code Enforcement Officer.

Phil Lord spoke with Laura and said the Fire Chief had asked if the Precinct would be installing a fire hydrant at the new tank location. The cost of a hydrant was not considered during the proposal process; the cost is estimated at $3,000 - $4,500 for the hydrant. There was also a request to have a hydrant raised on Mill Street costing about $100. If funding is not available the system will be capped for preparation and budgeted for 2008 installation.

Selectman Eigabroadt was brought to date. Both Selectman Cook and Chairman Hartman attended a site visit on June 5, 2007 with the Director of Public Works and Foreman. The DPW does not feel the drainage issue brought forward by Pine Rock Manor is a priority at this time. There are FEMA projects that must be completed. The Selectmen will need to decide if an outside contractor is the best alternative to solve the drainage issue. The solution requires 2 catch basins and a new culvert under the road. The Selectmen also discussed the possibility of shared costs with Pine Rock Manor.

The Transfer Station has temporary help budgeted in the amount of $5,000. The Transfer Station Department Head has moved forward and added two individuals that will be utilized as needed to "fill in". Also, Laura has begun advertising for the 20 hour position that is now available.

Bible Hill Farm – Laura spoke with Mr. Dunn from Bible Hill Farm and asked for additional information in conjunction with his request to sell produce from his farm, which is located in Bradford, in Warner. Mr. Dunn would like the hours of operation on Friday’s and Saturday’s to be during daylight hours only. He would like to be able to sell produce, bread and eggs and would operate the stand in June, July, August & September. In October he would sell pumpkins and in December, Christmas Trees. Mr. Dunn stated that he would be growing everything except the Christmas Trees and that the bread would be made at the farm as well as the laying of the eggs. Selectman Cook noted that based on Laura’s conversation with Mr. Dunn, he has extended his time of operation. Laura recommended the Board basically needs to decide if they even want Mr. Dunn to sell anything in an R2 district for any period of time, if the answer is no, then the information supplied is irrelevant, but if the answer is yes, then the parameters should be established. Selectman Eigabroadt summarized that in order for Mr. Dunn to purchase a piece of land in an R2 zone, he needs to know if he can he sell produce grown in another Town at that site. The answer is no. Selectman Cook agreed with Selectman Eigabroadt adding that Mr. Dunn wants to sell more than 3 months out of the year and he has also been denied a Special Exception by the Zoning Board for a year round operation. Laura will notify Mr. Dunn that the Selectmen had denied his request even if the request is changed to a 3 month operation. Selectman Cook added that when he attended the Zoning Board hearing, the neighboring abutters spoke against a commercial operation in a residential area. Mr. Dunn has other options to consider such as the Farmers Market and the Davisville Flea Market. An audience member clarified that if Mr. Dunn purchased the property he would still need a special exception for a farm stand.

Map 14 Lot 16 – Taxes are being paid as agreed upon however, if possible, the property owners are requesting that the extension expire on August 1^st instead of July 1^st. The Tax Collector has verified that the property owner has been faithful in making payments. The Board of Selectmen agreed to an extension up to August 1, 2007.

Poverty Plains Property – The bank that is involved with the property on Poverty Plains Road has finally sent a letter agreeing to have the mobile home removed. Due to the work that would have to be done to the home prior to having it removed from the property, Allan Brown has made arrangements for his crew to take it down and ship it out via Naughton Recycling. An outside source would cost approximately $4,000 to remove the mobile home, but any attached structures would need to be removed. The appliances and perhaps some miscellaneous items will need to be taken to the Transfer Station. The Selectmen agreed that all buildings on the property should be removed. Physical disconnections need to be verified. The property is being marketed as land and there has been some interest. Jeff Cohen would like to know if the Board would allow a double wide mobile home if it was fixed to the property either via a slab or foundation. Laura was also approached by the neighbor Fred Smith who would like to know if the property is going to be mowed since he doesn’t want it to look messy. He said if the town is going to pay someone to do it, he will do it.

Jeff Cohen has requested an updated cost associated with the property. Does the Board wish to waive the 15% penalty that was initially assessed to the Bank at the time they were considering redeeming the property? The Selectmen will consider the request after review of the recoup breakdown.

Odd Fellows Building Committee – Royal Latuch would like the Selectmen to require the committee to have a set date/month for their meetings so that the general public is aware of this schedule. If the committee has nothing to discuss, they can simply cancel the meeting for that month. He would also like the Board of Selectmen to require them to tape record the meetings. The Selectmen agreed OFBC is not a regular Town board and it is not necessary to mandate regularly scheduled meetings or require the meetings to be tape recorded.

Storage – The overhead storage area in particular is getting crowded and there are various items both there and throughout the building which are probably not worth holding on to. In particular, we have old computers which are not being used and old phones. Does the Board wish to continue storing these items or clear the computers and dispose of them along with the phones? The Selectmen agreed to clear the computers and dispose of them.

Police SUV – Chief Chandler has reported that the Town received $1,440.00 for the old SUV at the State Auction. Chief Chandler stated that approximately 7 years ago the Town purchased the vehicle for $1,500 and put about $1,500 more into it. Overall, it looks as if the Town made out well.

Audit – Vachon, Clukay & Co. has begun the audit of records this week. Due to the extensive list of information requested, the Treasurer was not ready for them to come here this week so they are working on the information that has been pulled together (Finance, Selectmen, Trustees of Trust Funds, etc.) at their office and will plan on being here the week of July 9^th to complete the audit.

Financial Software – Laura had left the proposals as well as the list of municipalities that use MuniSmart. The list has 39 municipalities including six cities. Laura contacted three communities, Bow, New London and Auburn to ask how they liked the product. All three gave it the thumbs up. The Selectmen agreed to move forward with Laura’s recommendation.

Internal Control Policy – Is the Board ready to either approve the Internal Control Policy as amended or is there additional changes needed? I suspect this document will grow in the upcoming years based on results of audits and suggestions from auditors. The Selectmen agreed to wait until the audit is complete. Laura will move forward and put the manifest in place.

Postage Meter – As a result of the postage rate change, the postage meter is in need of a new chip at the cost of $149.95. The company, FP Mailing Solutions, stated that instead of paying the $149.95 we could add it into the rate guard with our new contract since our current contract is due to expire. The new contract would be for a period of 48 months at a cost of $35.95. If there was a need to upgrade the machine either by choice or it’s age getting the best of it, our cost per month would be adjusted to reflect a newer model. Since the current contract is due to expire within the next couple of months, we would like to try a new method of mailing via Stamps.com. Stamps.com offers a software-based service in which postage is printed directly onto the envelopes or stamp sheets via Mary’s computer and printer. We would still have a scale for accurate weighing of mail but we wouldn’t have the machine we currently have. The monthly cost is $15.99 for the software use and upgrades as postal rates change, the meter is currently free to new customers. This would save us almost $20/month in fees. Although Mary would more than likely be the one to do the majority of the postage application, each department would be shown how to access her computer in the event they are here outside of business hours to do a mailing. Each department would have their own code so that accurate reports can be printed which reflect postage use by department. Laura has information on this software for the Board to consider.

Chairman Hartman signed a Hazard Mitigation agreement for Horne Street. A public hearing will be scheduled once the funds are received.

The Marianne Howlett, Tax Collector informed the Selectmen that the current Deputy Tax Collector wishes to resign. Marianne recommends appointing Janice Cutting as the new Deputy Tax Collector. The Selectmen agreed that a criminal background needs to be completed first and then meet with Janice briefly before formerly accepting the resignation and appointing.

Selectman Eigabroadt made the motion to approve meeting minutes dated May 1, May 22, May 29 and June 9 site visit with grammar corrections. Selectman Cook seconded the motion. Selectman Cook expressed a concern regarding some comments that were made by Selectman Eigabroadt that were not true. There was clarification in the June 5 work session; the Selectmen agreed to leave the minutes as written. Selectman Eigabroadt recommends a meeting with members involved. All were in favor. The motion passed.

12. NONPUBLIC SESSION

Selectman Cook made a motion to go into nonpublic session as allowed by RSA 91-A: 3 II (b) hiring. Selectman Eigabroadt seconded the motion. Roll call vote was taken. Selectman Cook, Aye; Selectman Eigabroadt, Aye; and Chairman Hartman, Aye. The motion passed.

Selectman Eigabroadt moved that the Board of Selectmen come out of Nonpublic Session. Selectman Cook seconded the motion. A roll call vote was taken. Selectman Cook – Aye; Selectman Eigabroadt, Aye; and Chairman Hartman – Aye. The motion passed unanimously.

Selectman Eigabroadt moved to seal and restrict the minutes of the Nonpublic Session pursuant to the authority granted in RSA 91-A:3 III. Selectman Cook seconded the motion. A roll call vote was taken. Selectman Cook – Aye; Selectman Eigabroadt, Aye; Chairman Hartman – Aye. The motion passed unanimously.

Selectman Cook made the motion to extend an offer of employment to Allan Piroso for the Field Maintenance position contingent upon the motor vehicle, medical and criminal check at the rate of $15.00 per hour. Selectman Eigabroadt seconded the motion. All were in favor. The motion passed.

Selectman Cook made a motion to go into nonpublic session as allowed by RSA 91-A: 3 II (C) reputation. Selectman Eigabroadt seconded the motion. Roll call vote was taken. Selectman Cook, Aye; Selectman Eigabroadt, Aye; and Chairman Hartman, Aye. The motion passed.

Selectman Eigabroadt moved that the Board of Selectmen come out of Nonpublic Session. Selectman Cook seconded the motion. A roll call vote was taken. Selectman Cook – Aye; Selectman Eigabroadt, Aye; and Chairman Hartman – Aye. The motion passed unanimously.

Selectman Eigabroadt moved to seal and restrict the minutes of the Nonpublic Session pursuant to the authority granted in RSA 91-A:3 III. Selectman Cook seconded the motion. A roll call vote was taken. Selectman Cook – Aye; Selectman Eigabroadt, Aye; Chairman Hartman – Aye. The motion passed unanimously.

Motion to adjourn 9:48 p.m.

Board of Selectmen

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