Warner Board of Selectmen

Meeting Minutes

July 24, 2007

 

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         Christopher Closs            Allan N. Brown

Jim McLaughlin                                        Richard Senor                 Allie Mock                         Ron Klemarczyk - Forester

Martha Mical                                           Paul Fouliard                   Gerald Courser

Barbara Annis                                          Mimi Wiggin                    Larry Sullivan

Anthony Mento                                        Darren Blood                   Marianne Howlett  

1. JIM MCLAUGHLIN – EXTENSION STATE SCENIC BYWAY  

Jim spoke to the Board about extending a State Scenic Byway route that currently runs through Warner at Davisville on Route 127. Jim explained the scenic byways program is attached to federal highway monies that are set aside for projects of various kinds on designated scenic byways; the State of NH has been in this program for 12 years. The byways are based on individual segments proposed by various communities.  The proposal before the Selectmen is coming from the Odd Fellows Building Committee which is looking for potential funding for a parking lot that will help support the Odd Fellows Building .  Central NH Regional Planning Commission which is the group that will put the application together has offered 15 hours of a planner’s time at no cost to the Town.  The goal of the Odd Fellows Building Committee is to look for available funding for the parking area; it may be determined that funding for the parking is not available through the Scenic Byways Program but having a designated scenic byway offers the Town other advantages like potential funding for tourist related projects.  In the Town of Newbury located at the docks the railroad car information area was funded through scenic byways.  Jim is asking for the Selectmen’s endorsement toward on request for CNHRPC’s offer.  

Selectman Eigabroadt asked how much leverage does the Town have because it is a State road, what authority does the Selectmen have and is this a function of the Selectmen or Planning/Zoning or all the above.  Jim believes that there is no direct involvement by the Town.  

Selectman Cook asked if it would be a segment of Route 103. Jim explained that he is recommending connecting with Currier & Ives Trail in Davisville extending this byway along Rt. 103 through Warner village to the Intervale (Exit 9).  Selectman Cook asked where the Currier & Ives Trail is.  Jim explains that the trail follows Route 127 into Salisbury .  Selectman Eigabroadt looked on the internet and found that the Currier & Ives Trail is 30 miles long.  

Chairman Hartman recommended terminating the trail up to the Waterloo Historic District instead of Exit 9.      

Martha Mical asked what the restrictions are because scenic highways have severe restrictions.  Jim explained that this is different from scenic highways.   

Barbara Annis asked if anyone has read the Scenic and Cultural Byways System RSA 238:19 Purpose, 238:20 Establishment of Scenic and Cultural Byways, 238:21 Duties, 238:22 Designation which includes a public hearing, 238: 23 Funds and 238:24 Advertising Devices of Scenic and Cultural Byways. There is a lot more to scenic byways than just receiving federal funds.  Barbara Annis recommends that the Selectmen review these RSAs carefully before endorsing the application.  

Chairman Hartman explained that the letter that has been drafted is asking Central NH Regional Planning Commission for help and he also believes that the assistance would answer all these questions; the letter does not say the Town is applying for it.  Selectman Cook asked to look at the letter.  Laura believes that in reference to what Barbara was discussing CNHRPC will look at RSA 238 and determine if the indicated stretch of road meets the criteria.  Selectman Eigabroadt spoke about the intent of the statute which in 238:19 is very clear, the intent reads as follows:

I. The scenic and cultural assets of the byways will be respected, that the rights of the individual property owners shall be preserved, and that nothing in this subdivision shall be interpreted to preempt any land and zoning authority granted to the municipalities.

II. It shall be a process of state and local identification of scenic and cultural byways that shall build a state wide system. However, nothing in this subdivision shall restrict a municipality from designating scenic byways within its jurisdiction, require that such designated scenic byways be nominated for inclusion in the New Hampshire scenic and cultural byways system, or require that the scenic and cultural byways counsel accept such locally designated scenic highway into the system.  The RSA further explains how the counsel is made up and their duties.  Barbara Annis wanted to bring the law to the Selectmen’s attention.  

Selectman Eigabroadt asked if it would be a help or hindrance to have the Town of Bradford involved.  Jim explained the council is meeting sometime this fall and involving another Town may hinder the deadline.  

Martha Mical added that there is a person (not named) working on development in the commercial area and asked “this scenic byway will absolutely will not hinder his project if it is designated”.  Chairman Hartman interprets the RSA as the project may hinder the scenic byway application from being approved by the State.   

Selectman Cook made the motion that the Selectmen endorse the concept of applying for the designation of Route 103 from the intersection of Route 127 in Davisville to an end point to be determined somewhere west of Town for the New Hampshire Scenic Byway Program.  Selectman Eigabroadt seconded the motion.  All were in favor.  The motion passed.  

2. PAUL FOULIARD – TRANSFER STATION MULCH PILE  

Paul explained that he would like the Selectmen to consider the original area cleaned out for mulch being used instead for the tin can trailer, metal trailer and maybe the demo trailer depending on how the hauler feels he can remove the containers and then moving the mulch to where the metal bin currently sits.  The current metal area can be expanded by cutting into the bank just below the fence.  Paul feels this plan is a better utilization of the space and will make the area look less cluttered.  

Chairman Hartman recalls specifically that the Selectmen, last December, agreed to go through the fence providing room to relocate the mulch pile.  The State was approached with the mulch proposal; the State approved the proposal because the area would be gated, which has yet to be put in, so the general public would not have access other than specific times.  At the time the State was hesitant about opening the area up to something other than a specific use.  The State may think differently today.  Chairman Hartman at this point is prone to say the mulch pile should be moved to the location that has been cleared and then deal with the potential changes as they arise.  Chairman Hartman has been in touch with the Town Administrator several times since the location has been cleared as to why the new area is not being used for the mulch pile as agreed.    

Selectman Eigabroadt asked when the Selectmen first spoke with the State where they not surprised that the Town came to them because the portion of land cleared is land that the Town currently leases.  Chairman Hartman said it is a portion of land that the Town leases but the Town was not prepared to put a fence around it. Without having a fence around the area the State was not comfortable having the land used for general access as the demo debris and the steel would need to be.   

Selectman Eigabroadt suggested gating the driveway to the highway department to eliminate access from the other side.  Selectman Cook feels gating the highway department would cost as much as fencing in the area.  Selectman Eigabroadt is suggesting a swing gate.  Selectman Eigabroadt likes the idea of un-cluttering the area by moving the containers.  The State could be contacted to see if the new plan would be acceptable.  

Martha Mical asked where the gate would go at the Highway Department because there is a public sand shed that needs to be accessed.  Selectman Eigabroadt said maybe the entrance up farther but that could be too wide.  The fence is to satisfy insurance purposes.  

Ed Mical believes the fence is a requirement of the State rules for Transfer Stations.  Chairman Hartman believes in the lease agreement it states the area shall be fenced. The State was comfortable with the idea of the Town in order to solve a space situation at the Transfer Station for the compost set up, and by getting the mulch out of the way would ease up some of the congestion.  Ed added that it would help with the parking.   

Paul is asking for the Selectmen to think about his proposal and added that there is a clause with DES, the fence is not required if the ground is difficult and isolated enough.  Paul believes a gate across the opening would satisfy both the State and DES.   

Selectman Cook added that the metal area seems to work well where it is, it looks neat. Paul agreed.  Selectman Cook does not understand the advantage of moving the mulch pile to where the metal bin is; the metal area looks great. Paul said this change would be the start in consolidating everything in one area.  Selectman Eigabroadt said the advantage he was thinking of was all the big metal trailers would be located away from the housing area.  Selectman Cook said that next time he comes to the Transfer Station he would like to take a tour with Paul.  

Chairman Hartman wants to make sure something is done with the mulch pile so Paul can actually begin doing something about reorganizing.  Paul said that he can’t do anything about the mulch pile until the gate goes up.  Paul thought Allan Brown was going to put the gate in.  Chairman Hartman said no, Paul should make the arrangements with Allan Brown to get the loader and begin moving the mulch pile.  Chairman Hartman also asked Paul not to keep adding to the mulch pile where it is.  Selectman Eigabroadt thought the discussion determined that the State was going to be contacted to verify if the metal box could be stored in that area.  Point being there is no sense moving the mulch until the State is contacted.  Chairman Hartman said for now the mulch pile should be moved in order to un-clutter the immediate vicinity of the crush glass, tin cans and the loading dock.  If need be the mulch could be moved again.  Laura added that Allan Brown is planning to use the mulch as ground cover at the gravel pit.  Selectman Eigabroadt asked Paul if he had already asked for the loader but was told to hold off until after this discussion.  Paul said the loader was for the sheet rock which he is waiting on DES.  Laura added if Allan is going to take the mulch pile then technically there is no mulch to move; Laura will find out from Allan when he is taking the mulch and then she will contact the State about the metal and if there are any restrictions.   

Selectman Cook recommends that if Allan Brown is interested in the mulch pile that he works toward removing it immediately.   There is no sense in moving the mulch pile if Allan is going to take it, and if it is acceptable with the State to store other material at the expanded site then the Selectman need to make that decision.  If Laura could find out the particulars from the State in a timely fashion then the Selectmen could make a decision.  

3. TRANSFER STATION PART TIME POSITION  

Paul Fouliard interviewed 2 candidates for the position and is recommending that the Selectmen hire Peter Savlen.  Because of past acquaintances with Mr. Savlen the Selectmen are waiving their interview process.  Selectman Cook made the motion hire Pete Savlen for the part-time 20 hour attendant position at the Transfer Station contingent upon his providing normal pre-employment screening documentation.  Selectman Eigabroadt seconded the motion.  All were in favor.  The motion passed.  Wages will be determined based on Paul’s recommendation.  

4. DARREN BLOOD – NEWMARKET ROAD SPEED LIMIT  

Darren is asking the Selectmen to address the speed limit between the Waterloo Covered Bridge and Retreat Road .  Currently there is no signage, but it is believed the speed limit is 35 m.p.h.  Darren is asking the Selectmen to request the Highway Safety Committee to discuss the section of Newmarket as indicated and to consider lowering the speed limit in that area.   Selectman Eigabroadt asked if the Highway Safety Committee had already looked at Newmarket Road .  Darren said that he had spoke with the Police Chief at the July 19 Highway Safety Committee meeting and the Chief said he would be in support of looking at that area again.  The Police Chief told Darren that the traffic trailer was placed on Newmarket Road and that he had some counts that he would fax Darren, but he has not received them as of this date.  Previous Highway Safety Committee minutes will be reviewed.  Darren still respectfully requests that the Highway Safety Committee address the section between Waterloo Bridge and Retreat Road .   

5. MIMI WIGGIN – LOGGING OPERATION AT THE CHANDLER RESERVATION  

Mimi read a letter into the record to the Selectmen and Chandler Reservation members:  

My name is Mimi Wiggin and my property abuts the Chandler Reservation at the end of Howe Lane , Warner, NH.  I’m the third generation of my family to be living here at the end of Howe Lane .  To be very honest and up front, I am very upset (to put it mildly).  When I made the decision to come forward publicly to air my grievances, I had to really think about what has made me so upset.  I can narrow it all down to two issues.

One: The positioning of the bottom landing for the current logging operation.

Two: the lack of any information coming our way in regards to this logging plan.  

I’ll address each issue separately.  

One: The last time the Reservation was logged on the Howe Lane side an existing woods road was used to bring the logs down and out of the forest.  Three landings were established top, middle & bottom.  At the end of the cut, this woods road was improved to approximately 18 feet wide (wider than Howe Lane in spots) and went to the top of the hill.  When I questioned the forester at that time, the response was that this was for future logging operation on the Howe Lane side of the Reservation.  Fine, I accepted that, it made sense to plan for the future.  

Well, now, the future is here and another logging operation is taking place.  But, the existing bottom landing is not good enough this time.  The reasons why do not make sense to me.  What I can see is that now a whole new section of the forest has been totally destroyed for a landing that is squeezed in between my property line and the brook.  Fill is being used to make this a level site that will be big enough to accommodate the large equipment used in this operation.  My issue with this is why couldn’t the existing landing have been utilized?  Was this an idea that was even considered?  That’s what it was built for and was used in the last logging operation.  There’s much more room for a landing on that side of the brook.  It seems that if the same effort, time, fill, drainage and equipment was used to improve the existing landing, a larger area that would accommodate the larger equipment would have been made and there would not be such a blight on the land right front and center of Howe Lane.  Why couldn’t the existing infrastructure have been used/improved to support the current operation?  

One of the answers I got was that area is too wet.  Well, if that were the case and using all that big equipment, fill etc. wouldn’t’ solve the wet problem, then why not adjust the forest management plan?  Is it absolutely imperative to log that section of the Reservation?  What would be wrong with leaving a big buffer zone between abutters and have an old growth forest there instead of what’s being done?  Why isn’t the logging plan adjusted to fit the land rather than the land adjusted to fit the equipment?  

Two: The lack of any information in regards to this operation, especially when the landing would make such an impact.  You can imagine my surprise when I went down the road and turned the corner and saw that nothing was left of that knoll except what looked like a continuation of Howe Lane .  The stonewall and all the trees were gone and I bet there is hardly a blade of grass along the stonewall that divides the two properties.  

All of this confrontation would have been avoided if I had been acknowledged as an abutter that might have some concerns over the decision being made in regards to the landing and maybe have been able to have some input.  

I put 87 acres under a conservation easement just last October.  This easement abuts the Chandler Reservation and was given as a gift to the Town of Warner to help with the ongoing project of reserving the Mink Hills.  There were discussions about this easement at the Conservation Commission meetings and the discussions were open and also printed in the local paper.  A member of the Chandler Reservation Committee came to visit me concerned that his logging right of passage to his woodlot abutting my property might be impacted by the easement.  This has been an agreement in effect for three generations and I assured him that that right would not be changed.  This woodlot abuts the Chandler Reservation on the same side I do.  He must have been well aware that this logging operation was going to take place and that the new landing and new skid roads would be very close to if not on my property line as well as his.  That would have been the perfect opportunity to tell me what was going on, show me a plan of the operation and see if I had any concerns.  None of that happened.  Why does one abutter have the right for input into the process and the others do not.  Why wouldn’t the Chandler Committee, as a whole, make sure that all the abutters had equal opportunity for input?  

Shouldn’t it be standard procedure to get some public input (especially abutters) on decisions that are being made about public lands?  I realize that the Chandler Reservation Committee has a management plan in place, but shouldn’t they be looking for some public input about these large area that is to be managed for multiple uses?  The Chandler Reservation Committee has a formidable task in hand, trying to juggle and address all the opportunities as well as forest management.  Why wouldn’t these deferent interests be represented or informed when major decisions are made about the Reservation?  

I realize that the Chandler Reservation committee is made up of elected members whose job is the oversight of the forest management.  The sad part is that there doesn’t appear to be any accountability for the Committee (no matter who is on the board). Since the public elects them, they should be accountable to the public, but if not information is given out, then no accountability is needed.  I think all this could have been avoided if the information was shared and some outside input/opinion could have been given.  I’d like to see a plan of this logging operation.  I feel like it’s (pardon the paraphrase) “closing the barn door after the horse is stolen” but at least I could be aware of and maybe have some input into the final outcome.  

Sincerely,

Mimi Wiggin  

Selectman Cook visited the site with some of the Chandler Reservation Committee members along with the Forester and had some discussion with Mimi.  Selectman Cook will say compared to where the landing used to be, this one does hit you in the face when you go up there.  Selectman Cook understands that the size of logging equipment has changed dramatically over the last decade and now a larger area is needed to get equipment in.  Selectman Cook added that in his discussions with the Chandler Reservation Committee there seems to have been good reasons for moving the landing and asked the attending members if they would like to comment.   

Chandler Reservation member Allison Mock explained that they did start on the top landing, with three days of rain it resulted in the road becoming muddy and greasy.  At one time the Chandler Reservation Committee was going to put a landing in where it is now; it has been created because of the amount of rain.  There was a concern about trucks sliding with a full load.   

Selectman Cook asked the Chandler Reservation Committee the reason why the harvest had to be at this particular time.  The Forester for the operation explained that this timber harvest went out to bid two years ago; there has been extremely poor weather the last two years.  One of the problems with the site is that there is a high water table.  The landing site that was chosen was based on the conditions of the land.  The Forester said that he did drop off a letter to the Wiggin’s before the harvest began.   

Selectman Cook asked the Forester to explain the process that took place in choosing a logger.  The Forester explained because of the property being owned by the Town up to 15 notices were sent to surrounding mills and loggers.  No response was received because of the terrain and condition of the site.  The Forester personally contacted a couple of logging firms and obtained two bids, one from Hopkinton Forestry Land Clearing the other from C & C Chipping from Allenstown.  Selectman Eigabroadt asked what will happen with the landing when the operation is over.  Allison Mock said the landing should stay there for future operations and it should be kept mowed.  Allison added that the landing being used was marked at least 40 years ago by the State Forester.   The Forester explained trees are typically harvested on a 15-25 year cutting cycle; the area last harvested was located on top of the site.  

Selectman Eigabroadt added next time an informational meeting with abutters should be considered.  Chairman Hartman recommended the Chandler Reservation Committee host such a meeting with the Selectmen as part of the process.   

Mimi added that she is not opposed to logging; the issue is why are there so many access points, isn’t one enough.  Why couldn’t the management plan be adjusted instead of creating another landing?   

Selectman Eigabroadt said that as far as where the landing is currently, the Forester did a good job of explaining why, but in the future he feels the abutters should be included so they know what to expect.  

Selectman Cook thinks the Chandler Reservation Committee needs to be more open about what they do.  Meetings need to be posted, held in a public place and minutes made available.  In the future if the Chandler Reservation intends to do another forest management plan they should hold a public hearing.   

Larry Sullivan remembers years back, a previous Forester, after logging and after a road was put through the hills, basic questions were asked and the Forester said to him that the road is for future logging operations, it will be done right so that another road would not be needed.  Mr. Sullivan spoke about what happens with Howe Lane and the drainage issues with a clear cut, the road washes out.  The road continues to wash out when there is a rainy situation as it did the last two years.  When Mr. Sullivan first saw what the current logging operation had created, another entire infrastructure of road and land completely cleared, again, he asks, where the water is going to go.  The water run off is going to go exactly where there is a current problem; Howe Lane will continue to wash out.  Mr. Sullivan asked if anyone considered the drainage that will now be coming off of the hill.  If there was a meeting regarding the cut, Mr. Sullivan would have addressed the drainage issues.  Mr. Sullivan is frustrated over something that is common sense.   

Selectman Eigabroadt explained the Selectmen’s involvement in the project is signing the intent-to-cut; the Selectmen leave the management up to the people that are elected to do that management.   

Marianne Howlett had two comments, her brother is a one-man logging operation, talking about the landing, bigger is not always better.  Just because you have bigger equipment doesn’t mean you are going to do a better job.  Maybe with such a site they need to look at something other than the biggest logger in the business.  Marianne also addressed the issue about the intent-to-cut, Marianne was working when the Forester came into the office to obtain the intent-to-cut, and because the logger was ready the Forester was in an absolute nag. So no one thought about it, it was signed and rushed off because the logger wanted to start.  Nobody said to the Forester that he needs to wait the normal amount of time to allow the Selectmen to look at the intent; it was signed the next day.  Selectman Cook said to Marianne, when the Forester explained about the response to his advertising the sale, the reason he was asked that question is because Selectmen Cook wanted people to understand that the Forester did not receive a response; there was no alternative… Marianne interjected and asked couldn’t he search out for someone? Selectman Cook said that the Forester did find a logger himself, Selectman Cook was trying to make the point that at first the Forester had no response from 15 notices.  Marianne thinks there are plenty of small logging operations, as far as the intent-to-cut process went, there was no thinking.   

Selectman Eigabroadt agreed with Marianne, which is exactly the way it went.  The intent-to-cut came in; the Selectmen signed it, which is typically what the Selectmen do when intents-to-cut come in from the Chandler Reservation or other Town forested cuts.  The Selectmen know that the Assessing Clerk has reviewed the intent and checked to see all the information is there, along with the Committee that manages the forests, so the Selectmen have no need to scrutinize as much as they do with other intents.  

The Forester explained again that there had been two previous intents-to-cut on the property, the harvest never happened because of land conditions. This time the Forester did not want to go through the expense for a third time, filing was not implemented until the Forester was positive the harvest would begin.   

Richard Senor said that he agrees with both Selectman Cook and Selectman Eigabroadt about holding a public meeting.  Mr. Senor appreciates the work the Chandler Reservation Committee does, but again it’s public land, the public should be notified, especially abutters.  Mr. Senor felt that Selectman Cook’s question was not answered, why the cut couldn’t wait a little longer.  The Forester explained that it did not start raining until after the operation moved in.  Mr. Senor felt that the cut could have been stopped, the price of wood goes up, he would rather see the cut stop than the land being exposed.  The Forester explained the markets right now are fluctuating; waiting for the prices to increase may take a long time.  

Chairman Hartman concluded the items that need to be addressed, that being the Selectmen requests the Chandler Reservation Committee make their process more open, keep records, and incorporating public hearings into their management process especially abutters to a harvest.   

Barbara Annis encourages the Selectmen’s request of the Chandler Reservation Commission.  Barbara added that she asks the Selectmen to send out information to every Board & Committee about the right-to-know law.   

Allison Mock, a Chandler Reservation Committee elected member said that meetings have been posted and held at the Town Hall and anyone is welcome, actually no one ever shows up.   

Martha Mical, Assessing Clerk, asked the Selectmen that they have implied that they want to make changes to the intent-to-cut process.  The State law does not require notifying any abutters.  The Selectmen clarified only on Town properties.   

6. TAXABLE INVENTORY FORMS  

Martha Mical, Assessing Clerk met with the Selectmen and asked if they wish to continue using the Taxable Inventory Forms for 2008.  Selectman Eigabroadt said the main reason for using these forms was because the Town did not require internal building permits; however, the Town does now, and because the process is not in full swing,   Selectman Eigabroadt made the motion to implement the taxable inventory forms for one more year, and decide next year if they should continue.  Selectman Cook seconded the motion.  Selectman Cook asked that when the Selectmen decided to use the forms it was discussed that the Town Clerk could also uses the information.  Selectman Cook asked the Town Clerk if she has used the forms.  The Town Clerk will, because the dog licensing is coming to a close.  Selectman Eigabroadt added that a type of census form could be used instead.  Marianne Howlett said that she assumes penalties will be followed through.  The Selectmen said that they had agreed to the penalties.  Martha explained that there was $14,000 received in penalties, the cost to process the forms was between $1,200 & $1,500 (postage & labor).  All were in favor.  The motion passed.  

7. CONNORS MILL BRIDGE  

Allan N. Brown, Director of Public Works met with the Selectmen regarding the engineering for Connors Mill Bridge provided by Provan & Lorber.  The scope of work will be described; a survey will be completed to ensure the bridge location, hydraulic analysis of the watershed, and recommended designs that will sustain a 50 year storm.  Selectman Cook confirmed that the important issue is that the design must be approved by the State to ensure continued funding.  As the Town has chosen Provan & Lorber as the engineer, the first step is to notify the State which Laura has drafted the letter for the Selectmen to sign. Provan & Lorber has submitted their proposal to the Selectmen that indicates a dollar figure, once the Selectmen review the proposal and accepts it, the proposal will move on to the State for their approval.    

Laura explained that there is one other issue; there is a time frame for FEMA money.  The State originally said that they would deduct the FEMA funding from the overall cost of the bridge job.  Allan feels that the FEMA money should be used to offset the Town’s cost; the State doesn’t see it that way.  The State is saying the FEMA money comes off the top.  Allan doesn’t understand the State because the State does not have any money in the structure; the bridge was funded by the Town.  Selectman Eigabroadt added that FEMA confirmed the funds could pay for the engineering.  Allan did go back and reviewed the letters from the State and it was originally stated that the FEMA funding would be taken off the overall cost of the job.  Laura has drafted a letter asking the State to reconsider the project cost.  The FEMA funds are because the structure washed away.  Selectman Cook understands the State; they are going to subtract what the Town has received for reconstruction and fund 80% of the balance.  

Martha Mical asked if the Town has enough funding available to build the bridge if the Town uses the State figures.  Allan said the Town would need to come up with their portion, 20%; Allan was in hopes of using the FEMA funding for the 20%.  The Town’s portion would go before Town Meeting in 2008.  

8. 127 WEST JOPPA  

An audience member asked the Selectmen the status of 127 West Joppa that abuts her property.  Chairman Hartman understands from a recent communication from the same neighborhood that 127 West Joppa is in despicable shape.  Animals are in just as bad condition as they were prior to their removal two years ago.  The audience member said that the animals are on her property, along with dog houses, trash, and numerous amounts of junk; it has been going on since April 4, 2006 , a letter was written to the Selectmen with no response.  Chairman Hartman asked Selectman Eigabroadt his involvement regarding the property and if he has anything he could share.  Selectman Eigabroadt said that he does not have anything.  Chairman Hartman believed that Selectman Eigabroadt offered to check on the residents’ concerns.  Selectman Eigabroadt said that he has not done so.  Chairman Hartman said the Selectmen have not taken up the issue recently as a Board, and personally understands the frustrations.   

Chairman Hartman knows that the audience member has used recourse by calling and reporting to the Police.  Selectman Cook asked what the response has been from the Police.  The audience member has made numerous complaints and nothing gets done.  She continued on by saying there is no response back from the PD, she calls about dogs in her yard, and she also has her own dog which she can’t let outside for fear of not knowing what is going to happen.  There are chickens, geese, and roosters in her yard eating her birdseed and grass.   

The audience member feels that she is being pushed off by getting no response.  She would like to know what is going on.  Chairman Hartman said at one time the Selectmen were considering drafting an enforcement order on zoning violations.  Selectman Eigabroadt said letters were sent to the property owner of 127 West Joppa saying they must remove the structures that are on the abutters property and he believes someone was going to check with Town Counsel on the next step in lieu of the court decision.  Selectman Eigabroadt said the animals are in the purview of the Police Department, the out buildings is the Selectmen’s responsibility, the trash is civil.   

The audience member asked what happens when you call the Police and nothing gets done, she asked where she should go next.  Selectman Eigabroadt said that she needs to touch base with the Police Chief.  The audience member said that she spoke with Laura last Monday because she was not sure who she should contact at the PD, she believes Sergeant Leppard is suppose to get in touch with her and has yet to hear from him.  Laura said she spoke with the Chief about the animal ordinance, gave him a contact number, and he was going to call the audience member.  Laura received an email on Monday from the audience member asking the status, she has not heard from the Police Chief.   

Selectman Eigabroadt said the Board needs to contact Town Counsel on what can be done about 127 West Joppa as a municipality.  Selectman Eigabroadt asked if the two abutters have surveys of their property; they said yes. He continued by saying those could be used to determine the distance of the buildings close to the property line.  If the owner of 127 West Joppa disagrees then it is their responsibility to have their own survey completed.  The audience member said that was talked about last year.  Selectman Eigabroadt asked Laura to contact Town Counsel.  Selectman Cook apologized for dropping the ball, the Board will try to make progress.   

Chairman Hartman said that one of the things he wants Town Counsel to advise the Selectmen on is if the Selectmen can’t do anything then the advice to the abutters is to obtain their own attorney.  Chairman Hartman does not want them to keep believing the Town is going to do something when the Town can’t do it.  Also, Chairman Hartman does not want to consider a letter of threat about the buildings being in violation of the zoning ordinance if the Town is not ready to go in and remove those buildings.  Can the Town remove the buildings? Selectman Eigabroadt said “with a court order”.  Chairman Hartman asked if the animals are the Town responsibility or the State Veterinarian’s.  Selectman Eigabroadt explained that issue was left as if there were any more issues the State Veterinarian should be contacted.  Chairman Hartman says its time to involve the State Veterinarian.  Selectman Eigabroadt said that he will call the State Veterinarian on Wednesday.  

9. MANIFEST  

Laura explained there is two copies of the manifest, one for the Treasurer the other for the Bookkeeper.  Selectman Cook asked how often will there be a manifest.  Laura explained that the payable checks are done to coincide with the Selectmen’s meetings; payroll will follow the week before the Selectmen’s meeting so the Board will sign and make the motion a week after the checks have gone out. Selectman Cook made a motion to authorize the Selectmen to the manifest allowing the Treasurer to sign the checks date 7/24/07 for accounts payable totaling $19,538.72.  Selectman Eigabroadt seconded the motion.   Selectman Eigabroadt asked some questions regarding particular invoices, his questions were satisfied.  All were in favor of the motion.  The motion passed.  

10. MUNISMART SOFTWARE  

Laura asked the Selectmen if they reviewed the contract, all have done so.  Selectman Cook made the motion to approve the contract with Munismart Systems, LLC for the purchase of municipal software known as munismart along with installation, implementation and support services in an amount approved previously.  Selectman Eigabroadt seconded the motion.  All were in favor.  The motion passed.  

11. HIGHWAY SAFETY COMMITTEE  

Chairman Hartman informed the Board that the Highway Safety Committee met on July 19th.  During that meeting a request from residents on Bartlett Loop to reduce the speed limit from 35 mph to 20 mph was considered.  The Highway Safety Committee reviewed the statutes and found the speed limit could be reduced to 25 mph maximum speed.  Police Chief William Chandler added that an approval is needed from the Commissioner of the Department of Transportation when speed limits are changed in order for the change to be enforceable.  Chairman Hartman researched and found the Commissioners approval may not be needed for a Town road; this information came from the District V Engineer.  Chairman Hartman will bring this information back to the Committee at the next scheduled meeting.  The Committee has received another request regarding Newmarket Road ; meeting date has yet to be set.  In conclusion, the traffic trailer will be positioned to gather information on Bartlett Loop, rates of speed and the number of vehicles.  The data will be used to determine if the speed limit should be lowered.   

Martha Mical asked isn’t the speed limit going to be reduced during the construction period on Pumpkin Hill Road .  Chairman Hartman yes, Allan Brown will adjust the signage.   

12. PROPANE & OIL FOR 2007/2008  

The cost of oil currently costs $2.535, HR Clough has submitted a cost of $2.399 for 2007/2008 heating season.  Propane currently costs $1.67 cap, Rymes Propane has submitted $1.719 cap per gallon for 2007/2008.  Laura asked the Selectmen if the wish to stay with the same companies.  Last year in comparison Rymes and HR Clough were very good.  The Selectmen agreed not to solicit for bids for the 2007/2008 season.  Selectman Cook made the motion to accept proposals from HR Clough for the purchase of fuel oil for 2007/2008 and Rymes Propane for 2007/2008.  Selectman Eigabroadt seconded the motion.  All were in favor.  The motion passed.  

13. TOWN ADMINISTRATOR’S REPORT  

Fire Hydrant – Chief Brown has informed Laura that they have decided to place a fire hydrant at the new water tank in the amount of $4,000.00.  Chief Brown said a hydrant in that area is a necessity and feels his budget this year can sustain the purchase.  

Table/Chair Request – We have received a request from an individual to use 15 tables and 65 chairs for an event on Connors Mill Road .  There are times that individuals have borrowed tables & chairs in the past; however, Laura has been informed it’s out of the ordinary for the request to be this large.  The Selectmen recommend creating a sign-out form acknowledging that the equipment will be replaced if damaged, lost or stolen. The Selectmen are not requiring any deposit.  

Planning/Zoning Secretarial Position – The search for a secretary to fill the vacant position in the Planning/Zoning office is not faring well.  Laura did receive a name of an individual who had applied in another municipality and whom may be interested.  Barbara Annis is also looking into another possibility for finding interested individuals.  

Postage – The Town offices are currently running a four week trial of the stamps.com program in the Selectmen’s Office and will report as to whether or not it seems promising once it had been used  for a couple of weeks.  The one requirement is a charge card; one thought is creating a debit account.   

Audit – The auditors are done with their on-site work and have given us a list of approximately a dozen items they need from us to complete the review at their office.  We anticipate getting all the information to them within the next two weeks.  Laura also needs authorization from the Treasurer in order for her speak to Sugar River Savings Bank about account information.  Selectman Cook asked if there is an indication on how the audit is going.  Laura said it is going well, a management report will be submitted from the auditor.  

“Welcome to Warner” Packets – As a result of a discussion at a recent recycling meeting, Mary Whalen has put together packets containing information on municipal office hours, the Transfer Station brochure, Warner’s Community Profile, building permit information and WBA’s street map. The Town Clerk’s Office will hand these packets out to new residents as they come in to register their cars.  Chairman Hartman informed the Board about the Recycle Committee meeting held on July 19th.  Chairman Hartman felt it was a very productive meeting.  There is another resident, Tori Herr, who is interested in joining the Committee.   

Permission to Hunt - Ali Mock has requested that the Selectmen issue a permission to hunt moose and use a wheeled vehicle on town property to Cody Chellis.  Cody’s name was picked as part of the annual moose lottery to hunt moose and he would like to do it on town property but if he shoots one, he’ll need to remove it by using a wheeled vehicle. The Selectmen agreed to allow use on existing roads only.  Laura will also obtain a copy of the assigned area along with Mr. Chellis’s plan to hunt.  

14. MEETING MINUTES  

June 26 Meeting Minutes, July 2 Work Session, July 3 Site Visit, July 9 Site Walk, July 10 Meeting Minutes, approval is postponed until the next scheduled meeting.  

Motion to adjourn 9:27 p.m.  

Board of Selectmen  

David E. Hartman – Chairman

Wayne Eigabroadt

Richard A. Cook