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Warner Board of Selectmen Meeting Minutes August 19, 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: Jeanne Hand
Jim Hand
Mary E. Cogswell
Janice Cutting
Robert Heslop Leah Milano
Pete Newman
JD Colcord
Ken Klinedinst
Carolyn Beverly Peg McLaughlin
Jim McLaughlin
Gerald Marsh Sr.
Vaughn Coburn
Paul Proulx Richard Senor
Tim Bolgna
Jim Flynn
Gerald Courser
Paul Violette Wayne Eigabroadt
Robert Shoemaker
Rebecca Courser John
Healy
Paul Reichard Ron Wirth
Jack Solomon 1. Richard Senor – Petition & Recycle Committee Chairman Cook asked Mr. Senor to first
address the submitted petition. Mr.
Senor introduced himself and presented a petition to the Board of
Selectmen. The petition is
asking the Board of Selectmen to re-hire Paul Fouliard as the Transfer
Station Manager. Mr. Senor
read into the minutes Mr. Fouliards letter of resignation:
Dear Board of Selectmen, I hereby resign my position with the Town of Attorney Donald Gartrell explained that
Mr. Fouliard brought grievances against the Town; both sides were
represented by counsel which culminated to an agreement which a portion
was read by Mr. Senor. Mr.
Gartrell further explained that a matter of an employee of the Town is
not a subject for a petition; petitioners do not have the right to hire
for the Town. In Mr.
Fouliards case which has gone the distance involving the Town’s
insurance company, legal counsel and courts there was a settlement and
the settlement is final. Though
it is appreciated that a number of people signed the petition, they may
not have known all the facts involved.
From the stand point of the Town the case has been resolved and
is closed. Mr. Gartrell spoke about the grievances
filed by John Healy, Wayne Eigabroadt, Ken Klinedinst, Richard Senor and
Ron Wirth (request for job applicant information) that went before the
court on this date and will be decided by the court, he also added that
a lot of the activity that is on-going under the guise of the
Right-to-Know Law is felt to be misguided because assaults can’t be
made on certain portions of the Right-to-Know Law which preserve certain
privileges. One of those
privileges is employment, when people seek positions with the Town they
may expose things to the Town in terms of being considered for a
position, but may not have informed their current employers that they
are seeking employment. Whether
or not the applicant is offered employment with the Town there are
certain aspects of the applicant’s submissions that may be privileged.
Similarly conversations with legal counsel and the Selectmen as
well as legal correspondence with the Selectmen are also privileged
information which is not subject to disclosure. Under the Right-to-Know
Law this information is protected under legal ethics, unless the
Selectmen in office choose to disclose the information
Mr. Gartrell feels there is a crusade which is taking on some
turns that he feels will be unproductive for the Town.
Mr. Gartrell urged the group (Mr. Senor, Mr. Healy, Mr.
Eigabroadt, Mr. Klinedinst and Mr. Wirth) with whatever their concerns
are that they be open and ask the questions, but when the questions
approach an area of privilege the Town has valid reasons to protect that
privilege and not make any disclosures.
With respect to the delivered petition Mr. Gartrell does not feel
there is anything the Selectmen can do with it. Mr. Senor said in response to Mr.
Gartrell’s comment that there is no contention that Mr. Fouliard has
settled the case. Mr. Senor
said that his group is not asking about the case.
Mr. Senor is asking the Selectmen to hire Mr. Fouliard because he
is an asset to the Town. Mr. Senor then presented on behalf of the
Recycle Committee a document addressed to Warner business owners.
The letter is asking businesses to do their part in the Town’s
recycling efforts and also offers the Recycling Committees assistance.
The Recycle Committee is asking for the Selectmen to approve the
document. 2. Ken Klinedinst Mr. Klinedinst said that he found it
interesting that the Town Attorney was present discussing the privileges
the employees and Selectmen may have.
Mr. Klinedinst said the Board of Selectmen said in a recent
meeting stated that they want to restrict posting signs and gathering of
signatures for petitions, Mr. Klinedinst said that is a first amendment
right, it is also in the Bill of Rights of the State of NH, article 32.
Mr. Klinedinst said that he would enjoy the confrontation if the
Selectmen choose to move forward with that plan. Mr. Klinedinst asked why there is only one
year of Selectmen’s meeting minutes on the Town’s web-site.
Chairman Cook said the office will contact the webmaster.
Mr. Klinedinst requested a response to his question at a public
meeting. Ms. Buono
explained that the webmaster can put as many years on as requested. Mr. Klinedinst said that there is a rumor
that Concord Regional Co-op may sell the land that was purchased in Chairman Cook responded to Mr.
Klinedinst’s comment about restricting the gathering of signatures for
petitions. The Board of
Selectmen is reacting to public input to the Selectmen’s office;
residents were feeling harassed and intimidated by how the signatures
were gathered for the petition submitted this evening.
The Board of Selectmen’s hope is to address the issue by not
restricting but by controlling. Selectman
Karrick also added the factor of public safety.
Mr. Klinedinst said that his group was located in a safer spot
than small children and the public moving through the Transfer Station
every day. 3. Jeanne Hand – Questions about Fouliard vs. Town of Ms. Hand asked what the cost was to the
Town, what the insurance covered and will the rates increase.
Chairman Cook explained that the insurance company paid a
settlement to Mr. Fouliard as well as his attorney fees, the rest of the
cost associated with the settlement is the responsibility of the Town.
Ms. Hand asked if the insurance rate for the Town will now increase.
Ms. Buono explained that it is liability coverage versus
insurance; the Town has yet to receive new insurance figures.
Ms. Hand asked if there is someway the Town can avoid future
lawsuits. Chairman Cook
explained that the lawsuit was filed by Mr. Fouliard; the Town did not
have a choice. Selectman
Hartman said during mediation the Selectmen were looking out for best
interest of the Town, the Selectmen agreed with the mediated settlement. Richard Senor confirmed that the liability
insurance is held by 4. Ron Wirth – Department of Environmental Services Mr. Wirth addressed the Board of Selectmen
as well as the audience and requested that he not be interrupted while
he delivered his information. Chairman
Cook explained to Mr. Wirth that he will not be allowed to go on past
his scheduled time. Mr. Wirth said he went to the Department
of Environmental Services to do research on any Letters of Deficiency
regarding the Warner Transfer Station.
Mr. Wirth said through his research at DES he found that there
was only two Letters of Deficiency in the last ten years.
Mr. Wirth views the June 10th Selectmen’s meeting as
an indictment of the former Transfer Station Manager. Mr. Wirth said
that he has studied the DES website and visited their offices to
physically inspect their records and feels both locations were missing
information that he felt should have been there.
Mr. Wirth personally viewed DES file folders and said he noticed
that there was nothing in the folders from October 2007 up to July 2008.
Mr. Wirth said a DES employee was asked to complete a search for
(Letters of Deficiency) and turned up nothing.
Mr. Wirth said he when he looked up the indexed list at DES for
the LOD he found one addressed to the Warner Transfer Station dated July
2005 and a Letter of Compliance dated April 2007.
Mr. Wirth commented about a statement made
at the June 10th Selectmen’s meeting regarding a LOD from a
year and a half ago with at least 12 deficiencies that in actuality from
1998 up to the time the Manager went on leave on May 9, 2008 no other
LOD existed related to the Transfer Station.
Mr. Wirth confirmed with DES that their site was up to date; he
received a message saying that the site was up to date, but also in the
message was confirmation that DES found one more LOD, Mr. Wirth feels
this is strange. Mr.
Wirth’s main point is that the former Transfer Station Manager was not
cited numerous times for violations as was stated at the June 10th
Selectmen’s meeting. Mr. Wirth further explained that a
September visit by DES which was initiated by Ms. Buono and the then
Transfer Station Manager regarding the sheet rock.
During that visit DES spotted some minor problems with oil
storage, Mr. Wirth assumes this to be viewed as minor because there was
no LOD. Mr. Wirth is
wondering why the email he received from DES includes an item 13 which
cites the clean up of material behind the highway garage but was not
listed in the original LOD. Mr. Wirth feels that the list of
deficiencies that was spoken about at the June 10 Selectmen’s meeting
to indict the former Transfer Station Manager exhibit several
inconsistencies and makes him wonder if it was an intentional,
premeditated, sandbagged railroad job of the former manager created in
Warner and sent to DES maybe before the May 21st visit.
Mr. Wirth said in conclusion that he feels the former Manager of
the Transfer Station did a stellar job, only once in 2005 was he cited
with a LOD from DES regarding the handling of hazardous waste which
there are continuing arguments on what to do and how to handle hazardous
waste. Mr. Wirth said in
April 2007 the Manager received a letter of compliance for the 2005
deficiency. Mr. Wirth said
he feels the LOD from a year and half ago stated in the June 10th
meeting is actually a Letter of Compliance.
Finally Mr. Wirth said the handling of the former Transfer
Station Manager by this Board of Selectmen should be considered a
disgrace. Mr. Wirth asked why the June 10th
agenda did not indicate Allan Brown.
Chairman Cook explained that the Board of Selectmen responded to
the questions in the audience. Chairman Cook responded that the Board of
Selectmen has in their possession a Letter of Deficiency from DES dated 5. Conservation Commission – Resignation Chairman Cook read into the record the
submitted resignation by Sarah Allen.
The Board of Selectmen feels this is an unfortunate resignation.
Selectman Hartman feels the Town owes Sarah a debt of gratitude
for the work she has accomplished through the years.
Selectman Hartman moved to accept Sarah Allen’s resignation
from the Conservation Commission. Selectman
Karrick amended the motion to
accept Sarah’s letter of resignation with regret.
Selectman Hartman seconded the motion.
All were in favor of the motion, the motion passed. 6. Temporary Sign Permit – Evans Mart The temporary signage can run
sequentially. Selectman
Hartman moved to grant a
temporary sign permit to Evans Group, Map 35 7. Manifest Selectman Hartman moved
to authorize the Selectmen to sign manifests and order the treasurer to
sign payroll check numbers 1106-1142 in the amount of $24,159.69
(includes 9 direct deposit pay stubs) and accounts payable check numbers
42036-42039 in the amount of $23,499.45.
Selectman Karrick seconded the motion; all were in favor, the
motion passed. 8. Meeting Minutes Selectman Karrick moved
to approve meeting minutes dated 9. The Society for Protection of NH Forests Ms. Buono forwarded a copy of a document
that came from the society which is looking at a location on Ms. Buono informed the Selectmen about the
Budget Committee meeting held on August 13th.
Year to date expenses were reviewed as well as revenues.
The 2009 budget was briefly discussed with a request from Budget
Committee member Mike Cutting that the 2009 budget be a 0% increase.
Ms. Buono discussed the fuel costs the Town is facing.
The Committee did not vote on the 0% increase but did initially
say that Ms. Buono can move forward with the budget process as the Town
did last year. This year the
Town experienced snow plowing into April,
because of gas prices, overtime, salt and sand the road side
mowing and line stripping was not accomplished this year.
Ms. Buono said if 0% is considered for 2009 services will need to
be looked at closely as well as the capital expenses. Ms. Buono noted
that the Selectmen made great strides to get on track with capital items
so the Town is not raising money in one year.
Ms. Buono is looking at employee insurance in regards to changing
the co-pay. The rates for
retirement will change in July 2009, rates are still unknown.
The Budget Committee did speak about having the school and county
join them for a meeting to also discuss 0% increase.
Jim Hand is Warner’s representative on
the school board and what ever is decided he can also convey that
message to the school. Ms. Hand has questions about the proposed
Community Center to be located at the vacant 11. Selectmen’s Other
Business Chairman Cook noted that Mr. John Howe
recently passed away; Mr. Howe was once a member on the Zoning Board.
Selectman Hartman moved to
donate to the chosen cause of the family in the amount of $50 from the
Town of The Odd Fellows Building Committee
previously asked the Selectmen to form a drainage committee; Chairman
Cook requested the Director of Public Works attend the next meeting in
order to address the issue. Selectman Hartman said he will be
attending the Concord Regional Solid Waste Co-operative Joint Board
meeting on Thursday, August 21 at Selectman Hartman updated the Board
regarding the latest Planning Board meeting.
There was reluctance in approving the Wagner Subdivision with
conditions if the conditions were not specified, discussion will
continue on September 8. Wayne Eigabroadt spoke to the Board about
his request to be placed on the Selectmen’s agenda after the June 10th
meeting. He was never
contacted but he wanted to let the Selectmen know that all his questions
have been answered so it is now not necessary to meet with the Board.
Mr. Eigabroadt also commented about the last meeting when the
Board adjourned before he could make a comment, what he wanted to say is
the two sets of meeting minutes that the Selectmen sealed were already
public and already disseminated, they have been around since 2005.
Mr. Eigabroadt also stated that with all the Right-to-Know
requests that have been presented to the Selectmen’s office by various
groups, he wanted the Selectmen to understand that a lot of the
documentation that was requested was already in the possession of some
of the people that had requested it.
He thinks they were trying to see if there were any changes made
to the actual documentation. Mr.
Eigabroadt cautioned the Selectmen when moving on into the future that a
lot of “that stuff” is already in possession.
Mr. Eigabroadt also said when the Selectmen stated their
disagreement in court today about the contents on a certain audio tape
that is now destroyed, keep in mind that “this group” (Richard
Senor, Ken Klinedinst, John Healy, Wayne Eigabroadt, Ron Wirth) had
already had copies of a lot of other things and depending on which way
the Judge rules on today’s court hearing it may warrant an appeal on
the argument part. Mr.
Eigabroadt continued by saying if the case does go to appeal, it will go
to trial and again he cautioned the Selectmen that they may want to read
the statute on perjury. Chairman
Cook suggested to Mr. Eigabroadt that he do the same.
Rebecca Courser asked Mr. Eigabroadt if his comment was a threat.
Chairman Cook also wanted to make clear that the Right-to-Know
request from various groups, they have been from one group, and in every
response the Town has provided all the information that was requested
legally. 12. Jessie Levine, Ms. Levine is before the Selectmen as the
Town Administrator of New London but also the New London Board of
Selectmen has recently come out in support of the Ken Klinedinst asked why not renovate for
a school in the future. Ms.
Levine explained the voters approved building a new school versus
renovating and it would be hard for the school to come back to the
voters for renovation funds. Jim Hand, School Board Representative said
there is $310K allocated to tear down the current SAU building, convert
to a parking lot and moving the SAU employees into the former Middle
School. Ms. Levine also
added that there are discussions about Ms. Levine explained that the community
center plan is contingent upon raising the money; there is $2million
that needs to be raised privately in order for the NL Board of Selectmen
to bring the $1.5million bond before the voters.
Ms. Hand confirmed that the community center renovations will
fall on Ron Wirth asked if the former Middle
School buildings could be separated.
Ms. Levine said they are all connected, right now the Fire
Department required the leased section to be sprinkler with a break in
the building (change of use). Ms.
Levine is in favor of sprinkler the whole building instead of the
expense of breaking the building. 13. General Comments Mr. Klinedinst understands that the
Regional Co-op has voted unanimously to change to single stream.
Selectman Hartman explained the Co-op Joint Board in May 2008
debated to proceed to a further level.
The Co-op has not approved building a single stream facility. Motion to adjourn Board of Selectmen Richard A. Cook – Chairman Respectfully submitted, Recording Secretary Mary Whalen
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