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Warner Board of Selectmen Meeting Minutes June 24, 2008 Meeting opened at 6:00 p.m. In Attendance:
Selectman Richard A. Cook - Chairman Selectman
David E. Hartman Selectman
David Karrick Jr. Absent:
Laura Buono - Town Administrator Others present: Dale Trombley
Martha
Thoits
Barbara Annis
David Bates Duane Souder
Lori Lee Souder John
Healy
Ken Klinedinst George Saunders
Paul Proulx
Betty Proulx
Gerald Marsh J J Marsh
Wayne
Eigabroadt
Ed Mical
1. Meeting Policy - Discussion The Selectmen are looking for input from Board and Committee Chairs
regarding the DRAFT Meeting Policy. MEETING POLICY (DRAFT) 1.
All meetings must be posted as required under RSA 91A (24 hour
notice). The Selectmen’s Office will be happy to post meetings as
requested by either calling Mary at 456-2298 x 2 or email the
dates/times/locations to her at selectboard@warner.nh.us.
2.
All committees must record meetings using Town equipment which
will be supplied. 3.
Meeting minutes must be forwarded to the Selectmen’s Office and
Town Clerk’s Office within five business days from the date of the
meeting (RSA 91-A:2 II). 4.
Audio files of Selectmen, Planning Board and Zoning Board
Meetings will be placed on the website for 3 months after which audio
copies may be obtained at the Town Hall. 5.
Audio files of all other committee meetings may also be obtained
at the Town Hall. Chairman
Cook read input from Committee Chairs or secretaries that could not
attend this evening’s meeting. Richard
Senor, Chair of the Recycle Committee is in favor of the policy draft so
far. Mr. Senor assumes based on the policy that he cannot use his
own equipment and feels if the equipment is made convenient to obtain
before the meeting there should be no problem.
Selectman Hartman asked what the complications are if personal
equipment is used. The
policy is still subject to change.
Selectman Hartman also confirmed that “meeting minutes”
refers to the written version. Jim McLaughlin from the Conservation
Commission wrote to express his concern for the required audio recording
of the Conservation Commission meetings because the Commission has
discussions about landowners who may be interested in Conservation
Easements on their property but whose identity is not something that
should be made public knowledge at that time.
Often there is sensitivity on the property owner’s part.
Also there are discussions regarding wetland violations or other
matters in which the Commission may need to conduct a report, this too
involves sensitivity toward the landowner. Selectman Hartman felt that the Commission could hold non
public sessions for these types of discussions.
David
Bates, Chair of the Energy Committee, feels having the meetings recorded
may stifle discussions, but he hasn’t spoken to all the members about
this yet. The Energy
Committee is only advisory to the Selectmen. Martha
Thoits, Zoning Board Chair, asked if equipment will be made available to
all the committees. Chairman
Cook said that equipment would be available to who ever would need it.
Barbara
Annis, Planning Board Chair, asked how the Planning Board work session
would be recorded during the meetings that are broken down into
sub-committees. Chairman
Cook feels that recordings from Boards that are not making decisions
that directly impact people’s lives are not necessary; he does feel
that recordings should be made for Planning, Zoning and Board of
Selectmen. John
Healy asked why the recordings would only be on the website for 3
months. Chairman Cook said
because of space. Ken
Klinedinst asked the Selectmen if the website (www.warner.nh.us) is the
Town’s official website. Chairman Cook said it is the Town website, the Selectmen do
not guarantee the information on the site.
If someone wishes to view the official set of meeting minutes
they are available at the Selectmen’s office.
Mr. Klinedinst asked if this Board or any other Board stated in
the past that the Town website is the official Town website regardless
of the disclaimer. Chairman
Cook did not know about past Boards.
Selectman Hartman did not recall either.
Mr. Klinedinst said the Concord Monitor says that the website is
the official Town website. Chairman
Cook said the website is maintained by a volunteer doing the best job he
can in the timeliest fashion to provide a service to the community.
The webmaster also has permission from the Town to use the Town
seal. Mr. Klinedinst
confirmed that the Town does not financially support the website.
Selectman Hartman also added that the disclaimer on the website
was placed there because of Mr. Klinedinst’s recommendation. Barbara
Annis feels #3 on the draft policy should read “unapproved” meeting
minutes, she then asked if it will be possible to store the recordings
on a disk. Chairman Cook
confirmed that the recordings could be stored. The
Selectmen will take the comments into consideration when revising the
meeting policy. 2.
Ken Klinedinst – Concord Regional Co-op Mr.
Klinedinst said that he had asked at a previous meeting why the Concord
Regional Co-op does not file with the IRS.
Chairman Cook provided information to Mr. Klinedinst that
includes the RSA under which the Co-op was created which is a non-profit
governmental organization exempting the Co-op from filing taxes.
Mr. Klinedinst said the RSA does not exist anymore.
Chairman Cook explained the information that was provided to Mr.
Klinedinst was sent to the Town by the Co-op.
Mr. Klinedinst said the IRS letter provided is twenty years old.
Chairman Cook said the letter is twenty years old because that is
when the Co-op was created. Mr.
Klinedinst said the IRS website shows an update for non-profit
organizations as of 2007, he said the Co-op is not current.
Chairman Cook again stated that the Co-op is exempt from taxes
because it is a governmental non-profit organization.
Chairman Cook referred Mr. Klinedinst to contact Jim Presher at
the Co-op. Mr. Klinedinst
asked why these questions cannot be funneled through Selectman Hartman
who is the Town’s representative to the Co-op and who is also a
Director at the Co-op. Chairman Cook said no, because he has yet to be satisfied
with the answers that have been provided.
Mr. Klinedinst then asked what the Town gets from the Town’s
Co-op representative. Chairman
Cook said the Town gets representation.
Selectman Hartman said he has been the Co-op representative for
twenty years and has served the Town trying to make sure the Town is
able to deal with trash disposal with the least amount of aggravation
and the greatest amount of convenience for everyone in the Town.
Selectman Hartman said to Mr. Klinedinst as a representative to
the Co-op that Mr. Klinedinst should follow through with his questions
directly with the Co-op. Selectman
Hartman has tried to answer Mr. Klinedinst’s question with the
information that was provided to him.
Wayne
Eigabroadt asked if the Co-op could be grandfathered under the RSA in
which it was created. Mr.
Klinedinst believes that a representative of the Town represents the
taxpayers and should make sure the Co-op is presenting the best
information possible to the residents.
Mr. Klinedinst said it should not matter if he is the only person
asking the question, if Selectman Hartman cannot answer his question he
will pursue it. Chairman
Cook said again that Mr. Klinedinst needs to contact the Co-op if he
wants additional information. Mr.
Klinedinst previously requested in writing non public Co-op meeting
minutes. Selectman Hartman
explained to Mr. Klinedinst that he can contact the Co-op for those
minutes or he may wait for his reply from his submitted right-to-know
request. Mr.
Klinedinst asked how Wheelabrator fits into the Co-op process.
Selectman Hartman explained that Wheelabrator is under contract
with the Co-op to run the incinerator plant in Penacook.
3.
Collateralization Agreement Selectman
Karrick explained the agreement would collateralize the Town’s
deposits as well as guarantee them.
The agreement would also give the Town insurance on deposits over
the $100K limit. This
agreement has been recommended by the auditors. Selectman Karrick moved
to establish a Collateralization Agreement with Sugar River Bank that
will insure the Town’s total deposits.
Selectman Hartman seconded the motion.
Discussion: Chairman
Cook confirmed the agreement has been reviewed by Counsel. Someone asked if there is a cost to the Town.
Selectman Karrick said that there is no cost to the Town.
John Healy said this agreement sounds like an insurance policy.
Duane Souder
asked what type of securities, how available the securities will
be if the bank should close by the Federal Government and how fast will
the securities be made available, and where will the securities be
stored. Selectman Karrick did not have accurate answers at this time,
but he has been told securities would be made available within days if
not hours. Mr. Souder
confirmed that the securities are US Government securities, but what
type of securities and who they belong to was not stated.
Selectman Karrick said they are US Government guaranteed
securities. Mr. Souder
asked if the securities are in Sugar River’s name.
Selectman Karrick obtained a copy of the agreement and explained
the securities would be held by Wells Fargo Bank as custodian; the
custodian shall also respond to the demands as soon as reasonably
practical. Mr. Souder
recommends asking which securities are being purchased.
Selectman Karrick explained that the securities being purchased
will be outlined within the contract.
Ken Klinedinst asked Mr. Souder and the Board if it would be
appropriate if the Town attorney reviewed the final agreement.
Mr. Healy recommends defining the term “reasonably
practical”. Both Mr.
Healy and Mr. Souder are in favor of the agreement but strongly
recommend knowing accessibility to the Town funds as well as the type of
securities. All were in favor of
the motion; all were in favor, the motion passed. 4.
Brad Kelly – Highway Foreman –
Newmarket Road Construction Mr. Kelly submitted a letter from the
Director of Public Works requesting funding for reconstructing a section
of Newmarket Road and Melvins Road totaling ½ mile.
The Director of Public Works feels this work would be cost
effective because Weaver Brothers will be in the same location finishing
work from last year. The
Director of Public Works also feels the section of road that he is
requesting funding for is the worst piece of road on the upper end of
Town. Mr. Kelly explained
the construction of the Connors Mill Bridge will not take place this
year; State review is taking longer than expected; it is not recommended
to start a bridge project in the fall.
The Director of Public Works is requesting $100K from the Road
Construction Fund and $50K from his paving line.
Selectman Hartman confirmed the work would be completed by Weaver
Brothers. In regards to the Connors Mill Bridge Mr.
Marsh asked if the engineering costs would increase because of the
delays. Mr. Kelly believes
the State has already approved the cost increase; it was found from the
soil borings that different style footings are needed than what was
originally planned. The
additional cost is undetermined at this point because the bridge is
still in the design phase. Ed Mical reminded the Board that part of
the Road Construction Fund is FEMA money which can’t be spent on
Melvin Road. Gerald Courser asked what the current
bridge is costing the Town. Chairman
Cook said approximately $1,500 a year in rental fees; the State wants
the bridge back. Mr. Healy asked if there was any kind of
bid process involved or is this part of an existing contract.
Chairman Cook explained that the work on Newmarket is from an
existing contract. Selectman Hartman moved
to approve the reconstruction of Newmarket and Melvins Road as proposed
by the Director of Public Works and to allow the use of $100K from the
Road Construction Fund and $50K from the paving line.
Selectman Karrick seconded the motion.
All were in favor, the motion passed. 5. Manifest Selectman Hartman made a motion
to authorize the Selectmen to sign the manifest and order the Treasurer
to sign check numbered 41740 totaling $1,114.00 and check number 41798
totaling $257.49, payroll check numbers 41799-41840 dated 06/17/08
totaling $39,398.53. Accounts
payable checks numbered 41843-41873 dated 06/24/08 totaling $251,828.37
and check number 41842 dated 06/23/08 totaling $1,688.00.
Selectman Karrick seconded the motion; all were in favor, the
motion passed. 6. Minutes Selectman Hartman moved
to approve meeting minutes dated May 29 & June 10, 2008.
Selectman Karrick seconded the motion; all were in favor, the
motion passed. 7. Other Business The Selectmen signed 3 pole licenses. On July 2, 2008 at 10:00 a.m. the
Selectmen will meet with DOT regarding the Transfer Station acquisition. Mr. Souder asked the Board if Madgetech
will be rescheduled to meet with the Selectmen (Madgetech was scheduled
for 6:30 this evening). Chairman
Cook explained the Selectmen’s office will contact Madgetech, it is
understood that they will be moving to another location outside of
Warner. Mr. Eigabroadt asked if the road
construction was on the agenda. It
was explained that it was even though the posted one did not indicate
the item. Also, Mr.
Eigabroadt asked to the best of the Boards knowledge if the Town is
still doing business with the same vendors at the Transfer Station.
Chairman Cook said yes, but he should double check with the
Director of Public Works. Gerry Marsh said he heard there was a
theft at the Transfer Station a while ago.
Chairman Cook said the theft was a few months ago, the stored
copper on site was stolen. Mr. Marsh said in the last 2-3 years there are no records
indicated in the Town Report listing brass or copper ever being sold.
Mr. Marsh asked why the copper was being stored.
Mr. Klinedinst asked what the zoning
violation was for Madgetech. Chairman
Cook explained there is no variance allowing manufacturing.
Mr. Klinedinst asked about the status for the building that was
added to the garage. Chairman
Cook said the approval was for a temporary structure, it does not appear
to be temporary. A building
permit is needed for the structure that was built.
Mr. Klinedinst asked if the owner moves the building is still in
violation, will the owner be called in to address the situation. Chairman Cook said yes, unless he takes the structure down.
Paul Proulx asked if Madgetech is in
compliance with the Department of Environmental Services for the storage
and handling of hazardous waste. Mr.
Proulx said Madgetech does PC boards.
Motion to adjourn at 7:15 p.m. Board of Selectmen Richard A. Cook – Chairman
Respectfully submitted, Mary Whalen Recording Secretary
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