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Warner Board of Selectmen Meeting Minutes July 8, 2008 Meeting opened at In Attendance:
Selectman Richard A. Cook - Chairman Selectman
David E. Hartman Selectman
David Karrick Jr. Laura
Buono – Town Administrator Others present: Donald Gartrell – Town Counsel Jerry Frew – Superintendent Kearsarge
Regional District
Clark Lindley Carolyn Stoddard
Jeanne Hand Ed Mical
Karen Merrill-Antle Richard Senor
Ken Klinedinst Ron Wirth
Wayne Eigabroadt George Stevens
Gerald Marsh Patrick J. McNicholas
Judith A. Rogers Rick Davies
Martha Mical Wayne Eigabroadt 1. Jerry Frew – Superintendent Kearsarge Regional District Mr. Frew introduced himself to the
Selectmen and encouraged the Selectmen to contact the SAU office with
any questions and concerns. Chairman
Cook asked Mr. Frew if he plans on meeting with the Selectmen before the
school meeting to speak about the warrant, Chairman Cook found this to
be helpful. Mr. Frew said
that he does plan on meeting with the Selectmen before the school
meeting. Clark Lindley, Warner School Board Member
also welcomed Mr. Frew stressing that the staff will continue as in the
last 5 years to inform everyone about the financial aspects of the SAU
as well as the educational aspects.
2. Emergency Management Update Emergency Management Director Ed Mical
spoke to the Selectmen about the Hazard Mitigation Plan update.
Part of the plan speaks about creating a permanent Hazard
Mitigation Committee, currently the committee is made up of Department
Heads. FEMA has changed the
guidelines as far as participation; the committee now has Mr. Mical received a memo from the State
about the Pre Disaster Mitigation Grant period for 2009, grant
applications will be opening soon. Letters
of intent are due by Mr. Mical forwarded to the Selectmen
information regarding the American Planning Association and how they are
looking at local governments that are working with Hazard Mitigation
Plans. Mr. Mical talked about the National
Incident Management System and how the State created a compliance audit.
All the communities in the State of 3. Transfer Station Update Director of Public Works Allan Brown
explained that Selectman Hartman asked Mr. Brown if any
other items were cited during DES’s follow up visit.
There was a fuel storage tank citied as well as the lack of
signage. Wayne Eigabroadt said there is a company
in Ron Wirth asked how many smoke detectors
there are. Mr. Brown said
about 35-40. Mr. Brown said there is a large amount of
batteries that need to be disposed of as well as flouresant tubing. The
copper, aluminum & brass have been secured. Ron Wirth asked why DES objects to the
gypsum. Mr. Brown said the
material is not considered hazardous waste it is considered municipal
waste. Mr. Wirth asked why
it can’t be buried. Mr.
Brown said he is not a soil engineer and is not going to try to answer
the question. Mr. Wirth
feels the question should be answered if the Town is facing a large
cost. Selectman Hartman
asked DES about using the gypsum in other applications, DES said if the
gypsum is clean new gypsum it can be used in various applications, what
is on site is old construction gypsum contaminated with glue, nails,
paint, wallpaper, etc.; that was the objection last year.
Mr. Brown added that he did ask DES during their visit if he
could use the material as a land spread and the DES engineer and
inspector both said the State of Gerry Marsh said that he spoke with
someone from Hillsborough and learned that Hillsborough stock piles
brush and wood; once a year the material is ground down by a company out
of Henniker for biomass purposes costing approximately $5K per year.
This way the Town does not deal with ash disposal.
Mr. Brown said the rules are changing in regards to burning; the
Town will need to look for another alternative. Mr. Brown is looking at different
scenarios regarding the way the main building is set up.
For insurance purposes there is a concern about people in the
building during public hours while the machinery is running.
Selectman Hartman asked Mr. Brown to
comment on the rat infestation that he has been working on at the
Transfer Station. Mr. Brown
said there was a tremendous amount of Styrofoam peanuts (65+ bags) piled
in with aluminum foil which had food on it.
Mr. Brown verified that there is no market for the Styrofoam
peanuts. When the crew started carrying out the bags of peanuts live
rats came out. Mr. Brown
noted that there are also cats at the Transfer Station, having cats and
rats is not allowed. Ms.
Buono added that the Department of Environmental Services addresses how
the site can be managed so that there is no infestation.
Mr. Brown said there is an indicated time frame on how long solid
waste can stay at the facility. Ron Wirth asked for clarification
regarding the trailer, he said he was told it was empty so how did the
oil spill. Mr. Brown said
that there was at least four barrels in the trailer leaking; Mr. Brown
considers a 50’ box trailer empty with only four barrels in it. Chairman Cook explained that the Board of
Selectmen, Ms. Buono and Mr. Brown met with DOT on Wednesday, July 2nd
regarding the purchase of the site.
Chairman Cook thanked Steve Brown from Brown Realty and Rhonda
Rood from Colby Realty for the letters they provided about land value.
The State reduced the asking price by $21K; a Legislative
Committee now has to approve the sale.
The sale price is now $85K plus $1,100 transfer fee. Ken Klinedinst asked the Selectmen if they
have a projection for when the State will complete their side of the
transaction, will it be before Town Meeting.
Chairman Cook said the transfer would not take place until after
Town Meeting, after funding is approved.
Selectman Hartman thanked Mr. Brown and
his crew for their outstanding job at the Transfer Station.
Chairman Cook and Selectman Karrick agreed.
Selectman Karrick added Mr. Brown and his crew disserve
enthusiastic support from the Town.
Mr. Brown was an essential key in the negotiations with the
State. Ms. Buono said the
office has received phone calls from residents voicing their support of
the clean up at the Transfer Station as well as asking for clarification
on information that has been passed out by outside sources.
4. Tax Collector – Marianne Howlett Ms. Howlett presented the Selectmen with a
request from Josh Moulton to abate $38.12 in interest for a
current-use-penalty. Because the property owners where noticed properly
no motion was made to abate the interest. 5. Pat McNicholas – Hartshorne Lane Mr. McNicholas represents the property
owner of lot 20 on Mr. McNicholas said the only way the Town
can issue one tax bill for the lot with 3 residents is to merge the 5
parcels. It is his
contention, for the Town to be able to do that, the Town has to have
either a required merger clause in the Town Zoning Ordinance that says
any substandard lots in common ownership are automatically merged.
Otherwise, Mr. McNicholas believes, the owners would have had to
manifest intent to merge the lots in order for the Town to merge the
lots. Mr. McNicholas said
that the courts have said by sending one tax bill the Town can’t
automatically merge the lots. Mr. Nicholas said if the Morrows intended
to merge the lots then the Town could merge them.
He said that applies to tracts 3 & 4.
He said when you look at lots 3 & 4 the residence at Don Gartrell, Town Counsel for the Town of
Mr. McNicholas confirmed there is a common
well on the north side of the road that supplies water to 5 different
homes. He believes the three
residences have their own septic systems that are located on the south
side of the road; he does not know where the septics are for the two
homes on the north side of the road.
Mr. McNicholas assumes the common well that is there is the one
that is referenced in the 1974 correspondence with the State and is
willing to bet the owner is willing to give up some land.
Mr. Gartrell is not sure that is an option.
Mr. McNicholas sees Mr. Gartrell’s points as considerations but
he does not see that they are conclusive one way or another as to
whether or not there are three lots or one lot.
Mr. Gartrell said if these lots are
conveyed as three separate lots, he feels the Town and the State are in
need of assurance that there are individual septic systems.
If there is a community well the question would be if the well
was tested annually and its current condition.
These items need to be verified before the Town could consider
the owners request. Ms. Buono had a question in regards to lot
1 & 3, house number 29 is built on what looks like a survey line,
why would that not be considered as an intent to merge.
Mr. McNicholas said it does not go over the property line.
Martha Mical asked if the map shows three
separate septic systems, she thought Mr. McNicholas said in the Zoning
Board meeting that there are three houses on one septic system.
Mr. McNicholas said the map does not show the septic systems, and
said if he said during the Zoning there was only one septic on the south
side of the road, then there is only one.
Selectman Karrick noted that the 1974
letter indicates that there is only a trailer and a cottage on the south
side. Chairman Cook said it seems that tract 1
and possibly tract 7 does not allow the space for a septic system.
Mr. McNicholas agreed. Chairman
Cook asked if the septic system is somewhere on tract 5, he also asked
if there was a past problem with the system being to close to the well
that’s why the State required testing.
Mr. Gartrell said the issue is the protected radius.
Mr. McNicholas said that he does not feel this effects the three
residents that he is speaking about, the well is on the north side of
the road, he feels the State is more concerned about the septic systems
for the houses on the north side of the road, Mr. McNicholas does not
know the location of these septics.
Chairman Cook asked Mr. McNicholas if he could retrieve that
information about those septics on the north side of the road.
Mr. Gartrell also feels that Mr. McNicholas needs to find out if
the three lots can support separate septic systems or if there is a way
to make it through a community septic system.
There would apt to be legal implications as to how to share the
rights of maintenance and operations.
Selectman Karrick wondered if the new Shoreline Protection Act
has any bearings in this. Ms. Buono said if two lots were created
there would be more septic service options. Chairman Cook would like to know the
current septic system situation as well as what the Department of
Environmental Services thinks as far as the potential for future
construction and how a failed septic system would be addressed.
Mr. McNicholas feels the current arrangement would be
grandfathered as far as septic replacement.
Mr. McNicholas verified the information he
must obtain:
Mr. Gartrell added if the Town approves
what Mr. McNicholas is asking for, indicating liability to the people
who purchase the property in the future is needed because they will
assume the property meets code. 6. Non Public Session RSA 91-A: 3 II (b) - Hiring Chairman Cook moved to go into Non Public
Session per RSA 91-A;3 II (b) hiring.
Selectman Hartman seconded the motion.
Roll call vote: Selectman Hartman, Aye; Selectman Karrick, Aye,
Chairman Cook, Aye. All were
in favor, the motion passed. The Selectmen and Town Administrator met
with Fire Chief Richard Brown, Sue Greenlaw and Ed Raymond.
The Fire Department interviewed Ms. Sneck through their screening
committee and unanimously recommended offering the EMT I Intermediate
position to Susan Sneck. Selectman Hartman moved to close the non
public session. Selectman
Karrick seconded the motion. Roll
call vote: Selectman
Hartman, Aye; Selectman Karrick, Aye, Chairman Cook, Aye.
All were in favor, the motion passed. 7. Motion to Hire Selectman Hartman made the motion
to offer the position of EMT I Intermediate to Susan Sneck.
Selectman Karrick seconded the motion.
All were in favor, the motion passed. 8. Ken Klinedinst Mr. Klinedinst asked to have a letter that
was generated from the Selectmen’s office read into the minutes, after
which Mr. Klinedinst asked if the Chairman would pole the Board asking
if they have ever seen the letter. Chairman
Cook read the letter as follows: Dear Mr. Klinedinst: I am writing in response to your
right-to-know request dated Very truly Laura Buono Chairman Cook displayed a copy of the same
letter that was placed in the Selectmen’s read file which was
initialed by two of the three Selectmen.
Ms. Buono said there was more information that was researched
regarding Mr. Klinedinst’s request.
Mr. Klinedinst interjected and said he would like to continue
first. Mr. Klinedinst began
by saying when he received the letter the language didn’t fit his
understanding of the way the Town Clerk writes or speaks.
Mr. Klinedinst said the statement in the letter that begins with
“After requesting this information from the Town Clerk we have been
advised that there is no evidence that a special Town Meeting was held
on the date that you have noted.”
Mr. Klinedinst said the statement is a lie, the Town Clerk did
not say that. Mr. Klinedinst
said he has a letter in his possession from the Town Clerk describing in
detail what transpired in regards to the request for the Ms. Buono responded by explaining what was
requested from the Town Clerk was the meeting minutes from the June 12th
Town Meeting and there are no minutes and that through the Selectmen’s
minutes there was nothing found to support that a meeting was held on
that day. The
Selectmen’s office then found, which was not supplied by the Town
Clerk, but was fueled by a letter in the Concord Monitor by Mr. Healy
the Articles of Agreement dated “ Mr. Klinedinst feels it is disingenuous to
say there was no evidence the June 12th Town Meeting was
held. The evidence was in
the Town Clerk’s office and Mr. Klinedinst also added that he himself
had already researched the June 12, 1985 Town Meeting minutes and did
not find them before he sent in the same request to the Town
Administrator. Mr.
Klinedinst does not feel it is his responsibility to find minutes; they
may be in other parts of the Town Hall such as the Bookkeeper’s
office. Ms. Buono explained the June 12th
date that is used in the Articles of Agreement and when minutes of a
Town Meeting are needed the Selectmen’s office would go to the Town
Clerk because the Town Clerk is the keeper of the records.
Ms. Buono said to Mr. Klinedinst that he had already completed
the research and when the Town Administrator showed the Town Clerk his
right-to-know request the information regarding the Articles of
Agreement was not shown. The
Town Clerk interjected and said she had never seen the letter Ms. Buono
is referring to and feels she responded correctly to the BOS
secretary’s request for the meeting minutes dated June 12, 1985
Special Town Meeting. Mr. Klinedinst feels the question at hand
now is the legality in 1985 of joining the Co-op.
There is no record of a recorded vote, no original warrant
article. Mr. Klinedinst also discussed his June 21st
right-to-know request which requested the inspection and copying of all
non public meeting minutes by the Board of Directors of the Regional
Solid Waste Resource Recovery/Co-op during the period of Mr. Klinedinst at one time asked if
Selectman Hartman was appointed to Northeast Resource Recovery
Association (NRRA) as a representative for the Town of Marianne Howlett responded in regard to
the June 12, 1985 Special Town Meeting.
Marianne explained that she and Martha Mical looked at the 1986
Town Report. In the minutes
for 1985 article 14 it says the article passed at the adjourned meeting.
Marianne said maybe the minutes are not specific and detailed,
but it is mentioned that a vote was taken and passed.
Mr. Klinedinst commented about Selectman
Hartman’s statement. Mr.
Klinedinst sees a conflict of interest with him being a Trustee at the
NRRA and Representative to the Co-op.
9. Pillsbury Library Trustee Appointment Selectman Hartman moved
to appoint Anna Allen as a Pillsbury Free Library Trustee until next
election. Selectman
Karrick seconded the motion. All
were in favor, the motion carries. 10. Conservation Commission Appointment Selectman Hartman moved
to appoint Russ St. Pierre as a full member to the Conservation
Commission until 2009. Selectman
Karrick seconded the motion. All
were in favor, the motion passed. Donation – The family of Jim Mitchell has asked that in
lieu of flowers, donations be made to MainStreet Warner, Inc. for the
purpose of building a community park between the bookstore and the
Pillsbury Free Library. Selectman
Hartman moved to donate $100 to
Mainstreet Warner, Inc. from the Town of Tree Presentation – The Warner Business Association would
like to do a formal tree presentation in August (date to be determined)
and would like to have at least one or more of the Selectmen present.
The presentation will only take a few minutes. Nonpublic Minutes – There has been a request that the Board
of Selectmen unseal a set of nonpublic minutes dated 4/23/08 in which
the court case was recently settled. Town Hall Use – Both the 4-H Club and Wayne Eigabroadt have
requested to use the Town Hall facility with the normal fees to be
waived for the Selectmen’s consideration.
Mr. Eigabroadt asked if the Zoning Board could meet down stairs
because he is expecting a large crowd.
Mr. Eigabroadt was advised to work with the Zoning Board.
Because Mr. Eigabroadt was asked to work on the CIP Committee the
Selectmen considered both requests and waived the fees.
12. Manifest Selectman Hartman made a motion
to authorize the Selectmen to sign the manifest and order the Treasurer
to sign payroll check numbers 1001 – 1041 in the amount of $30,018.55
and accounts payable checks numbered 41874 - 41933 in the amount of
$631,817.33. Selectman
Karrick seconded the motion. Note:
Payroll check numbers are new due to the fact that the payroll
account is now at TD Bank North in order to offer direct deposit to
employees. Accounts payable
checks include $515,000 for capital reserve funds being transferred to
the Trustee of the Trust Funds. All
were in favor of the motion, the motion passed. 13. General Business Selectman Hartman will attend a NRRA
Marketing meeting on July 9th at 9:30 a.m.
Also at 1:00 p.m. Selectman Hartman will attend a NRRA Trustee
meeting. Wednesday, July 16th,
Selectman Hartman will attend a NRRA sponsored single stream open forum
which is offered at the Gerry Marsh said Ms. Buono referenced a
property that is being lease and sales agreement.
Ms. Buono clarified and said she meant a purchase and sales
agreement for the Poverty Plains property. 14. Meeting Minutes Selectman Hartman moved
to approve the June 24, 2008 meeting minutes.
Selectman Karrick seconded the motion; all were in favor, the
motion passed. 15. Sealed Non Public Minutes The Board decided to first review the
minutes and address them at the next Selectmen’s meeting.
Mr. Klinedinst said that he was told that the April 23, 2008
sealed non public minutes would be acted on tonight.
Ms. Buono clarified by saying the Board would take up the
subject. The remaining
sealed non public minutes will be reviewed and notes will be placed on
the top of the minutes (OK or NO). 16. General Comments Ron Wirth asked Ms. Buono how the meeting
policy was coming. Chairman
Cook explained that there was discussion on July 8 with the committee
chairs about the draft policy. Comments
will now be considered and a final draft will be created.
Mr. Wirth asked if he could obtain the draft policy.
Mr. Wirth asked if the audio versions are
being burned onto a CD. Ms.
Buono said no not at this time. Motion to adjourn at 8:40 p.m. Board of Selectmen Richard A. Cook – Chairman Respectfully submitted, Mary Whalen Recording Secretary
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