Chairman Brayshaw opened the meeting at 6:00 p.m.

In attendance: Selectman John C. Brayshaw – Chairman, Selectman Peter St. James and Selectman Wayne Eigabroadt.

Recorder of the minutes is Mary Whalen

Ed Mical, Maintenance Technician met with the Board for clarification regarding lawn mowing. A memo was sent to Mr. Mical stating that all lawns would need to be mowed. Mr. Mical explained that when he began the mowing it was for the Town Hall, Statue, and the Police Department. For budgetary purposes if the Selectmen wish to have all lawns mowed it would take 6-8 hours a week leaving hours 7-9 for maintenance. The memo will be amended to define mowing of only the Town Hall, Statue and the Police Department. The Selectmen’s main concern was to maintain the esthetics of the Town.

Rhonda Rood met with the Selectmen regarding the vacant Alternate position for the Planning Board. As for all vacancies the Selectmen conduct an interview. Ms. Rood is a business owner and a realtor and has lived in Warner for over 25 years; she has sat on the Planning Board in the past and was also the secretary. As a realtor Ms. Rood is aware that she may need to recuse herself from conflicting situations. The Selectmen will continue their interview process with other interested parties before making a decision.

The Selectmen proceeded to review the 2004 budget ending in May. The Selectmen reviewed their concerns with the Finance Director. Town Officers Expenses is running at 56%, postage is running high due to the inventory forms that were mailed (not included in the budget), Highway General Expense is at 48.15%, there were major breakdowns that did not fall under a warranty, and garage heating is high. Police Department is running high due to uncalculated grant money and salaries. General Government Buildings – Town Hall, fuel is high and custodial, legal is also running high. Supervisors of the Checklist are at 80%, time was submitted from last year and from this year’s budget.

Martin Building Re-Development Committee, Rebecca Courser, Stephen Brown and Anthony Mento met on June 10, 2004. Selectman Eigabroadt was also in attendance. The Committee discussed issues with the proposed "option agreement", a walk through the building was also completed on June 12, 2004. The Committee is now looking for direction from the Board of Selectmen. Based on Town Counsel’s advice a negotiated price needs to be established. Mr. Closs (interested party) will meet with the Committee on June 17, 2004. Mr. Brown commented that any agreement is contingent upon a majority vote at the 2005 Town Meeting.

• Mr. Senor commented that he is aware of another who is interested in the Martin Building and would later forward the name to the Committee.
• Mr. Wirth asked if there are any bonds required for a project if this magnitude.

Mrs. Courser clarified that the role of the Committee is to complete some of the negotiations with Mr. Closs and then report back to the Selectmen. The Board agreed. The Committee also asked clarification with item 10d on the option agreement, "the Town of Warner Board of Selectmen will communicate, negotiate with the school board as necessary to advance and resolve parking". Chairman Brayshaw explained that the lot line is very close to the school, the Board of Selectmen will address 10d. The Committee asked if Mr. Closs could provide references at the June 17, 2004 meeting. Also the final responsibility regarding hazardous material needs to be determined along with clarification about the impact of a TIF (Tax Increment Financing) District. The Committee will also explore other possible options for the building.

Mr. & Mrs. Arthur Cutter met with the Selectmen to review the final draft of a purchase & sales agreement for the gravel pit. Prior to this meeting the Finance Director along with Mr. Cutter reviewed the agreement and made appropriate changes to the agreement. Purchase price is $203,452.50. As a result of the revaluation of the property the Selectmen agreed to pay half of the increase in property taxes. A copy of the deed was forwarded to the Selectmen, which in turn will be forwarded to Town Counsel along with the signed purchase & sales agreement for review. Closing on the property is scheduled for June 24, 2004 at 10:00 a.m.

Mr. Paul Proulx met with the Selectmen. Chairman Brayshaw recused himself from the conversation. Also, Barbara Annis, Chairperson for the Planning Board, along with Mr. Richard Brayshaw, Mr. Thomas Brayshaw and Karen Sally representing R. C. Brayshaw & Co. were also in attendance. Selectman St. James reiterated a letter that was sent to him regarding R. C. Brayshaw & Co.; Mr. Proulx feels that R. C. Brayshaw & Co. has not lived up to the site-plan that was approved by the Planning Board. Mr. Proulx has requested of the Planning Board to complete a site-walk at R. C. Brayshaw & Co. to determine if his assessments are correct. The Planning Board in turn referred Mr. Proulx to the Selectmen to submit his request for a site-walk. Selectman St. James asked Mrs. Annis if a site-walk could be scheduled for determination purposes. Mrs. Annis stated yes, if there are any violations to the site-plan it would then be forwarded back to the Selectmen as the enforcing officers. Selectman St. James recommended that the request for a site walk be added to the Planning Board agenda after which forwarding any advisement to the Selectmen. Mr. Richard Brayshaw explained that he has not received an approved/signed site plan. Also, there was a site-walk completed after the addition to the building was completed. Also, Mr. Brayshaw understands that at the May 3, 2004 Planning Board meeting Mrs. Annis stated that a complaint had been received from Mr. Proulx regarding the parking in front of R. C. Brayshaw & Co. After a review of the site-plan by the Planning Board it was concluded that the parking is approved and a letter would be sent from the Planning Board to Mr. Proulx explaining the Board’s findings. Mr. Brayshaw also stated that this request from Mr. Proulx needs to go to the Zoning Board and that the company has been operating this way for at least three years. Mr. Brayshaw feels that this is more of a private dispute between two neighbors. Mr. Brayshaw explained that the Town first approved the addition, and then through the court system. Brayshaw Printing & Co. looked at the site-plan as a guideline to run the business. Selectman Eigabroadt commented that if Mr. Proulx’s request is an appeal to a decision that was made and something within the site-plan has not been followed up on then the Board of Selectmen is not the avenue for an appeals process. The Zoning Board would hear an appeals process. Mr. Brayshaw commented that when the site walk to place after the addition was completed, the parking was not addressed and at the time of the walk a site plan was not in anyone’s possession. Mr. Brayshaw also stated that there have been no complaints due to the turning and backing in of trucks to the company. Mr. Brayshaw asked if there is statute of limitation considering the company has been operating for three to four years after the addition has been completed. Selectman St. James commented that the only issue before the Selectmen is Mr. Proulx’s request to have the Planning Board make a determination one way or the other regarding a site walk in regards to R. C. Brayshaw & Co. parking versus the approved site-plan. Selectman Eigabroadt does not feel that the Board of Selectmen is the venue that this request should be in. Mr. Brayshaw commented that at two Planning Board meetings the parking was addressed. At one meeting the Planning Board decided that there was no issue with the parking, the next Planning Board meeting Mr. Proulx asked if a site walk was completed, it was not, Mr. Proulx then requested a site walk. Mrs. Annis explained that at the May 7 Planning Board meeting Selectmen Brayshaw stated that the site walk request could not come to the Planning Board that a request for an appeal needs to come before the Board of Selectmen. Chairman Brayshaw clarified the statement by explaining his comment regarding appeals was toward TDS tower. Mr. Brayshaw commented that he was not notified of either Planning Board meeting regarding R. C. Brayshaw & Co. Selectman Eigabroadt commented that this request is not a Planning Board issue; the Planning Board had decided at one meeting that there was no issue with the parking. Selectman Eigabroadt stands by the Planning Board’s original decision and feels that this issue does belong within the Selectmen’s office. Selectman St. James commented that if the Planning Board has chosen not to deal with it, it is then a civil matter.

Mr. Jerry Marsh met with the Selectmen in reference to the dumpster fees. Mr. Marsh feels he is being charged double because the Transfer Station is not open enough hours to accommodate his needs resulting in his renting a dumpster. Also because Mr. Marsh recycles he feels that he is being double taxed.

• Mr. Senor explained that the Transfer Station is saving the Town money, 32% of everything that goes to the Transfer Station is recycables, 52-56% of the total garbage goes out into dumpsters, it then can be assumed that 32% of the 52% that is going out in dumpsters are recycables. All of which is going to the incinerator, the town pays the total weight that goes to the incinerator, plus looses money on recycables. Everyone who has a dumpster is making the rest of the Town pay for that loss. It’s a choice to have a dumpster.

The Selectmen realize that Mr. Marsh’s situation is not the same as the average homeowner because of his business. As a business owner the Transfer Station can accommodate Mr. Marsh’s needs. The Selectmen will discuss this type of situation at a later date.

Finance Director Wendy Pinkham met with the Selectmen and presented the actual cost to the Phase I pay adjustment. The Finance Director had found an error in calculation; it was found that the dollar amount approved at Town Meeting was not the correct amount that should have been asked for (FICA, retirement, and some Fire Department personnel were missing in the calculation). Chris Perkins clarified that the first stage of wage increases was to place the employees at the closest level on the wage scale, did that happen or where employees moved up several levels in this first stage? Selectman St. James explained that he was not privy to the proposed increases prior to sitting on the Board of Selectmen and found that some increase when moved to the next level resulted in a minimal increase; as a result, some increase where moved to a higher level than originally planned. Also the Department Heads became involved in the decision process. The Selectmen acknowledge the work that went into Warrant Article and commend the effort that was put forth. The Selectmen will do their best to keep within the bottom line of the budget. Mr. Bjork asked the Board if it was fair to say that the Selectmen did not follow the wage study provision verbatim and made amendments. Selectman St. James explained that the Selectmen used the numbers that the wage study found, there were no deviations, requests were made to make exceptions but the Selectmen did not.

Selectman St. James made the motion to initiate a 5% spending freeze. Chairman Brayshaw seconded the motion. All were in favor. To clarify the motion all departments can only spend 95% of their budget.

The Finance Director discussed the bid process for fuel oil. The current supplier will be raising the price by .31 cents. The Board wishes to follow the annual bid process, along with the propane.

Selectman St. James made a motion to accept the meeting minutes dated May 18, June 1 and May 18, 2004 non-public. Selectman Eigabroadt seconded the motion. All were in favor.

Selectman St. James discussed glass storage at the Transfer Station. It has been recommended to move the storage behind the building. The Selectmen will visit the site on June 26, 2004. Expansion of the Transfer Station still needs further discussion.

The Selectmen met with the Salisbury Selectmen on June 14, 2004 to discuss road maintenance on Quimby Road. Both Town’s Selectmen will meet at Quimby Road on June 26, 2004 at 7:30 a.m.

The Welfare Director has asked the Board to choose three candidates to sit for a Fair Hearing. The hearing will involve a decision made by Welfare. Chris Perkins, Ron Wirth and Tor Bjork have volunteered. Meeting date yet to be decided.

Chris Perkins asked if a new telephone system has been purchased and was the cost included in the budget. Chairman Brayshaw explained that the new telephone system would be worked into next year’s budget.

Mrs. Annis commented that there is money in the Planning budget for a Code Enforcement Officer that would perform final inspections on site-plans. The Selectmen agreed that an Officer needs to be pursued.

Chairman Brayshaw made a motion to go into non-public session per RSA 91-A; 3 II (a) compensation. Selectman Eigabroadt seconded the motion. All were in favor. Chairman Brayshaw made a motion to close the non-public session. Selectman Eigabroadt seconded the motion. All were in favor.

Chairman Brayshaw made a motion to go into non-public session per RSA 91-A: 3 II (d) lease of property. Selectman St. James seconded the motion. All were in favor.

Chairman Brayshaw made the motion to close the non-public session and re-open the public session. Selectman Eigabroadt seconded the motion. All were in favor.

Motion to adjourn at 9:47 p.m.

Board of Selectmen

John C. Brayshaw – Chairman

Peter St. James

Wayne Eigabroadt