Meeting opened at 6:08 p.m.

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

Recorder of the minutes is Mary Whalen.

The Selectmen met with the Departments starting with Finance Director Wendy Pinkham. The Selectmen proceeded to open oil and propane bids for the 2004-2005 heating season. Rymes Propane, Irving Propane & Heating Oil along with Kearsarge Heating Oil responded to the bid process. Chairman Brayshaw made a motion to remain with Rymes Propane for the 2004-2005 heating season. Selectman Eigabroadt seconded the motion. All were in favor. Chairman Brayshaw made a motion to remain with Kearsarge Heating Oil for the 2004-2005 heating season. Selectman St. James seconded the motion. All were in favor. The Selectmen then signed a Tax Warrant. The Selectmen reviewed up to date expenses.

Tax Collector Marianne Howlett presented a request from a taxpayer asking for a waiver toward interest accrued. Selectman St. James made the motion to waive $11.05 in interest (no names identified). Selectman Eigabroadt seconded the motion. All were in favor. The motion passed. The Selectmen reviewed a request from Mr. Allan Jones to waive the current use penalty for a piece of property that has recently sold with the Tax Collector and the Assessing Clerk. Mr. Jones claims that the property is over 10 acres; all along he has been taxed for 7.7 acres. The Selectmen agree that a survey of the property needs to be provided before any decisions are made. A letter will be sent to Mr. Jones explaining the Selectmen’s decision. Chairman Brayshaw made the motion to move forward and have Mr. Allan Jones provide a survey of the property in question in order to take under consideration the request to waive the current use penalty. Selectman St. James seconded the motion. All were in favor.

Planning Board Chair Barbara Annis explained to the Selectmen that the Charette is complete. Final copy has yet to be received. Still waiting for information pertaining to the corridor study.

Maintenance Technician and Emergency Management Director Ed Mical explained to the Selectmen that painting continues at the Fire Station, when complete he will then finish painting at the Old Grade School. There are some windows covered with plywood that need repair at the Old Grade School, Mr. Mical will inform the Selectmen of the cost before any repair is completed. There was also repair completed on the newly installed windows in Head Start. Mowing of the lawns continues. Mr. Mical installed ceiling fans within a timely manner at the Transfer Station; complements were extended from the staff at the Transfer Station. As Emergency Management an earthquake scenario was completed last week. Not all departments were able to attend. Communication and coordination needs to be worked on. Mr. Mical will be attending Hazard Mitigation training the next two days. Paper work for reimbursement toward digital radios from the Homeland Security Grant will be sent this week. Selectman St. James requested Mr. Mical to coordinate posted steps/procedures regarding hazardous/bio-hazardous material at the Transfer Station for the staff to follow. Mr. Mical thanked the Highway Department for responding promptly to a wash out at the Old Grade School.

The Selectmen took a break with the Department Heads and met with Mr. Joseph Abbondanza regarding a cease & desist order he received for a working gravel pit. Chairman Brayshaw recused himself from the conversation. Mr. Abbondanza uses the property to stockpile material, not as a gravel pit, and would like to reclaim the land using the material that he has stockpiled. The cease & desist order was placed by the State due to a considerable change to the shape of the property since Mr. Abbondanza purchase in 2001. Mr. Abbondanza explained that per recommendation from the State, if the Selectmen sign the intent to excavate and Mr. Abbondanza pays $100.00 to the State of New Hampshire the State will lift the cease & desist order. Mr. Abbondanza will also need to meet with the Zoning Board regarding the stockpiling of material on vacant land in an R2 zone. Selectman Eigabroadt made a motion to hold off signing the intent to excavate until Mr. Abbondanza meets with the Planning Board (determine if any excavation is taking place) for a permit number. No second to the motion. More discussion. Selectman Eigabroadt withdrew his motion. Selectman Eigabroadt made a motion to fill in the amount of stockpiled loam on the intent to excavate, the Selectmen would then sign the intent. With the Intent signed by the Selectmen the State would remove the cease & desist and Mr. Abbondanza would then meet with the Planning Board. Selectman St. James seconded the motion. The motion passed. The Assessing Clerk commented that Mr. Abbondanza needs to see the Zoning Board regarding the stockpiling of material.

Wendy Hall met with the Selectmen and formally read into the minutes a complaint regarding the lack of communication resulting in the inconveniencing of five Warner residents. A site visit was scheduled by the Selectmen on June 26, 2004 on Pumpkin Hill Road and Old Pumpkin Hill Road to review a drainage problem. Property owners in the area were notified on June 24, 2004 that the Selectmen would be at the site. Due to a heavy rain the meeting was canceled just prior to the scheduled time of 10:00 a.m.

Mr. & Mrs. Mueller who was sitting in the audience was informed by the Selectmen that the cease & desist order was served regarding the Naughton property. The responsive date has passed and is now in the hands of Town Counsel who will file a motion for summary of compliance. Clarification of the remaining process will be obtained from Town Counsel. The Mueller’s commented that the activity on the property has escalated.

Police Chief William Chandler informed the Selectmen that in 1999 the Police Department received a grant from Counter Drug Task Force who supplied the department with Dell computers. Every September, paperwork was filled out stating that the computers are still being utilized for the intended purpose that they were given. A letter was received on June 1, 2004 advising the Police Department that the program is being removed along with the two computers. The energy efficient lighting is complete and monitoring of the savings will begin. The Selectmen commended the Police Department for their professionalism at the crash site on Kearsarge Mountain along with the Fire Department.

Paul Fouliard, Department Head of the Transfer Station informed the Selectmen that work on the loading dock will be finished today, the front gate has been refurbished to swing open, and both baler doors have been repaired. The pine tree has been removed, the mulch pile has been removed and the area grated for additional parking. Type III modification (for expansion) has been submitted for the Selectmen to review.

Chairman Brayshaw commented that a request to the State for double yellow lines from the Transfer Station to East Sutton Road has been achieved. Chairman Brayshaw thanked the Highway Safety Committee for their efforts.

Richard Senor asked the Selectmen if a sign explaining all the fees at the Transfer Station could be purchased and mounted on the building. Marianne Howlett asked the Selectmen for procedural purposes if there were quotes obtained for the removal of the pine tree at the Transfer Station. Chairman Brayshaw explained that the Selectmen obtained verbal quotes from: Lee Prince, Reggie Goff and A & A Landscaping. Mr. Abbondanza quoted about $2,300.00 for the removal of the tree, mulch and grading of the area. Mrs. Howlett asked why the Selectmen choose to take the tree down during public hours and why wasn’t the Town crew used. The Selectmen explained that the availability of the equipment contributed to the low pricing from Mr. Abbondanza. The Director of Public Works has commented to the Board on several occasions of how busy he is and any extra work would be done later in the year when things slow down, also an excavator was needed for the digging of the tree and soil removal along with grading of the area, the towns excavator is being repaired. The Selectmen made the decision to take the tree down now while Mr. Abbondanza equipment was near. Marianne Howlett commented that she was informed that the tree was rotted for about four years, and the cost for four men from the Highway Department for a full day amount to $461.00. There were other opportunities to take down the tree and the Town policy states that there will be sealed bids (purchasing policy was passed onto the Selectmen). Selectman St. James read from the policy "the bid process may be waived by the Board of Selectmen if in cases of emergency or justifiable special circumstances that require the timely procurement of goods or services". Chairman Brayshaw commented that the tree was lopped off carefully while the public was there but the actual removal of the tree was completed when all was safe. The Selectmen stand by their decision and feel it was made in the best interest of the town.

Director of Public Works Allan Brown clarified that the 5% budget cut does not effect labor. The Selectmen agreed. Mr. Brown will be taking $7,900.00 from Highway General (shop repairs, signs, bridges, guardrails, line striping, Silver Lake Dam), $5,000.00 from paving, and $5,400 from Block Grant. Mr. Brown also explained that he is using a lot of part-time help that was not budgeted. Mr. Brown is using a full time position with benefits to pay for two part-time positions. Chairman Brayshaw explained that the 5% is a spending freeze not a spending cut and the Department Heads need to plan accordingly. Road projects were discussed, Mr. Brown commented that he would have recommended to the Board to have the Town of Salisbury hire a contractor for Quimby Road instead of using his crew, Mr. Brown does not have the time available to do work for another town. The Selectmen agreed to move forward with the catch basin system up at Pumpkin Hill & Old Pumpkin Hill Road. There are surveyors working on Denny Hill. The Selectmen thanked Mr. Brown and his crew for all the work that has been done at Riverside Park.

Richard Cook, Conservation Commission Chairman met with the Selectmen to ask for their support on a grant that is being submitted by the Jordan Institute to the Jesse B. Cox Charitable Trust. The Jordan Institute does innovative land use planning, which has offered to come to the Warner River Watershed and use their new planning approach called the Three Infrastructures Approach to Planning. The Jordan Institute met with the Conservation Commission & Planning Board and after the presentation both entities voted in support of their project. The towns of Sutton and Bradford are also involved. The Three Infrastructures Approach to Planning will provide maps and other information that will be helpful in the future looking at land use planning. The natural, built and social infrastructure are mapped and related to each other, then areas are identified that will be best for residential and commercial growth and also areas that should be left alone. Selectman St. James made the motion to support the grant proposal being submitted by the Jordan Institute to apply the Three Infrastructures Approach to Planning to the Warner River Watershed. Selectman Eigabroadt seconded the motion. All were in favor. The Selectmen proceeded to sign the letter of support along with the Planning Board & Conservation Commission.

David Hartman Recycle Committee Chair met with the Selectmen and referenced May 18, 2004 Selectmen’s meeting minutes. Mr. Hartman commented that Chairman Brayshaw stated the Recycle Committee supports charging dumpster users for tipping fees. Mr. Hartman clarified that there have been no recommendations from the Recycle Committee. The Committee has discussed a range of options in dealing with dumpsters. Chairman Brayshaw clarified if charging dumpster users was one of the options. Mr. Hartman agreed. The Recycle Committee did recommend that the Selectmen draft a letter to the dumpster users restating that recycling in Warner is mandatory; such a letter has been sent by the Board of Selectmen. Selectman Brayshaw clarified that the minutes do not state that he stated, instead the minutes reflect the Recycle Committee along with the Transfer Station personnel recommend and support the Board of Selectmen’s decision. Mr. Hartman clarified that his point is that the Recycle Committee has not recommended the charging of dumpster users and now that fees are being charged the Selectmen are required to change the Solid Waste Ordinance. Mr. Hartman recommended that a Public Hearing would have addressed any concerns. Chairman Brayshaw asked Mr. Hartman that beyond the process that occurred if he felt the Selectmen made a bad decision. Mr. Hartman commented that aside from the fact that a public hearing was not held, he would have liked to hear the debate. Selectman Eigabroadt asked if the Recycle Committee heard any debate during their meetings, the public had no input due to lack of attendance. Meetings did not notice the agenda. Marianne Howlett commented that it has been said on more than one occasion about taking in regional recycables and if that change is being considered, a change in the ordinance would need to go before the voters at Town Meeting. Mr. Hartman passed out meeting minutes from July 8, 2004 also a copy of a running analysis of dumpsters, Market Basket, Transfer Station tonnages and a recyclable chart. Mr. Hartman also explained that the Town of Warner is on target with the guaranteed annual tonnage @ 51%. Mr. Hartman commented about the enforcement at the Transfer Station. Selectman St. James would like to re-define the role of the Recycle Committee. Selectman St. James commented to Mr. Hartman about his unprofessional behavior at the past two Recycle Committee meetings. Mr. Hartman apologized for his actions. The Selectmen asked if Mr. Hartman would like to continue as Chairman. Mr. Hartman would like to remain Chairman and it was decided by the Selectmen that in the future the Recycle Committee will address the Board of Selectmen with any changes/recommendations that will then if approved be forwarded to the Transfer Station by the Selectmen.

The Selectmen will hold a Capital Improvements work session on July 17, 2004 @ 9:00 a.m.

Judith Rogers commented that Article 23 passed at last Town Meeting allowing the Selectmen to adopt the bylaws ordinance per RSA 31:39.

The Selectmen will begin the 2005 budget process at the July 27, 2004 Selectmen’s meeting.

The Selectmen’s meeting schedule for the month of August is as follows August 3, 17, 24, & 31, 2004. August 10 there will be no Selectmen’s meeting.

The Selectmen approved a temporary sign permit for Knoxland, which will be located at the Exit 7 area.

Selectman St. James made a motion to accept meeting minutes dated June 29, 2004 and non-public meeting minutes dated June 29, 2004. Selectman Eigabroadt seconded the motion. All were in favor.

Martha Mical asked for the Selectmen’s permission to allow reimbursement for purchases made at Market Basket for the Fire Department during fire calls. The Selectmen agreed on a temporary basis.

Town Clerk, Judith Rogers stated for the record that there are 144 dogs that are not licensed.

Motion to adjourn at 9:50 p.m.

Board of Selectmen

John C. Brayshaw – Chairman

Peter St. James

Wayne Eigabroadt