In attendance:

Selectman Edward F. Mical – Chairman

Selectman John C. Brayshaw

Selectman Allen C. Brown

Recorder of the minutes: Mary Whalen

Chairman Mical opened the meeting at 6:00 p.m.

The Selectmen proceeded to sign a payroll change for Theresa Buskey.

The Selectmen discussed a vehicle issue on the property owned by Mr. Gamil Azmy located on Poverty Plains Road. A police officer visited the site with Mr. Azmy and reported that all but two vehicles meet the required vehicle registration and inspection. A letter of satisfaction will be sent to Mr. Azmy.

The Selectmen further reviewed the proposed changes for the Transfer Station. Since the August 19, 2003 Selectmen’s meeting a report from the Department of Environmental Services on the Transfer Station has been received. Selectman Brown highlighted three areas. DES commended the Town of Warner for diverting material out of the waste stream. A copy of this report has been forwarded to Paul Fouliard. The report did note that the swap area needs to be controlled to assure proper use and to minimize the risk of fires, also access by the public to the household hazardous waste storage area should be prohibited in order to ensure public safety. DES also requires that the shingles be actively managed and the Town should take steps to remove the shingles that are stock piled. After reading the report from DES, Selectman Brown revised the proposed changes for the Board to consider limiting the proposal to the swap area and the demolition area.

Discussion between the Board members:

Selectman Brayshaw recommended changing some verbiage to "operators own discretion". Selectman Brayshaw asked if there are other alternatives for the shingles. Selectman Brown commented that there are no alternatives right now but there may be in the future. Selectman Brayshaw also commented that he would like other verbiage changed to "obvious useable condition". Selectman Brown noted that Mr. Fouliard will meet with the Board on September 9, 2003 to propose his changes regarding the DES report.

Selectman Brayshaw made the motion to accept the Transfer Station proposed changes with corrections. Selectman Brown seconded the motion. All were in favor. The motion passed.

Mr. Fouliard voiced his objection to the motion made. Chairman Mical explained that the Board was not receiving public comments at this time.

The Selectmen confirmed a date of September 23, 2003 for a Public Hearing with the Wage Study Committee.

The Selectmen will be meeting with all Chairs of Boards on September 30, 2003.

Chairman Mical discussed the Emergency Response Plan that is sponsored by a Federal Grant.

Chairman Mical commented that a Hazard Mitigation meeting would take place on September 24, 2003. New Hampshire Central Regional Planning Commission will present a plan to the public.

Chairman Mical speaking on behalf of Emergency Management will arrange an emergency exercise with Simonds School. Chairman Mical will arrange a date with Simonds School by the end of September.

The Board reviewed Hazard Assessment Proposal’s for the Martin Building. The Board would like the assessment completed prior to the September 23, 2003 Public Hearing.

Selectman Brayshaw made the motion to approve the August 5, 2003 meeting minutes. Selectman Brown seconded the motion. All were in favor. The motion passed.

Selectman Brayshaw made the motion to accept the resignation of Jere Henley as an Alternate member to the Central New Hampshire Regional Planning Commission. Selectman Brown seconded the motion. All were in favor. The motion passed.

Selectman Brayshaw made a motion to allow Troop # 67 to sell popcorn on the Town Hall lawn and at the Transfer Station. Selectman Brown seconded made the motion. All were in favor. The motion passed.

The Selectmen discussed keeping a record of the amount of vacation time used , at the Selectmen’s Office.

The Board proceeded with signings:

Town Hall Rental

Vacation request

The Board will review the current fees that are applied toward renting the Town Hall at a later meeting.

Chairman Mical opened the Public Hearing for the final design of the Riverwalk Project. . Mr. Charles Albano presented a history leading up to the Public Hearing. Mr. Albano presented the first phase project breakdown which will include the building of the Babe Ruth Field with dugouts, softball field & dugouts, a pavilion, rehabilitation of the concession stand and the Riverwalk, all to begin this Fall. Phase two will consist of building tennis and basketball courts, and rehabilitating the parking lot, which will start in the spring of 2004.

Public Comments:

Nicole Fouliard: What type of measures will you take to make the park handicap assessable?

George Pellettieri: In the future the park would like to provide more paved surfaces. Presently the currently paved surface will be kept allowing access to the concession stand, little league field and the end of the football field. At this point there are not enough funds.

Stephanie Gardner: Are you looking at keeping the park lighted all night, also how far does the walkway go toward Dalton Bridge.

Mr. Albano explained that the walk will go as far as the point and will then turn toward and along I-89. Lighting is not all figured out yet. Motion lights have been discussed.

Stephanie Gardner: Why was the canoe ramp taken out of the plan.

Mr. Albano explained because of the sensitivity of the river.

Mike Rogers: I am concerned about the parking being so far away, especially from the softball field.

Mr. Albano explained that the commission reviewed that concern, storage facilities placed in strategic places have been discussed, and funding is not available at this time.

Mr. Pellettieri explained that the walking path would be accessible to emergency vehicles. Mr. Pellettieri’s business will be volunteering labor for the project.

Selectman Brayshaw asked about bleachers. Mr. Albano explained that one set needs to be refurbished, additional bleachers would need to be put into the budget.

Mr. Pellettieri explained that this project might take as long as ten years, greater community involvement will help move the project along.

Mr. Albano explained that the Skateboard Park is not part of the Federal Grant. The Skateboard Park will need to be addressed at a later time.

Name unknown: Is part of the concession stand built on a septic system?

Mr. Albano explained that the system has been checked and any addition would not overlap that area.

Howard Kirshner: Thanked the Parks & Recreation Commission for their consideration toward the wilderness area.

Susan Bliss: Confirmed that the trails would not be open to ATV’s.

Gamil Azmy: Recommended selling baked items at the Fall Foliage Festival to raise money and offered his assistance.

Chairman Mical closed the Public Hearing.

Mr. Gamil Azmy met with the Board to discuss the Poverty Plains property that he owns. Mr. Azmy inquired about the complaint regarding the wetlands on his property and asked the Board if they have any information from the Department of Environmental Services. The issue still lies in the States hands. Mr. Azmy feels that the area were the barn is proposed is not in the wet lands and intends to start the construction of such barn. Selectman Brown explained to Mr. Azmy that he would be building at his own risk if the State finds that he is violation. Mr. Azmy confirmed that the stakes placed by the Public Works Director (placement of the barn) is still honored. Mr. Azmy asked the Board of Selectmen for the dollar (plus interest) that is owed to him from the Town for the purchase of road frontage on his property. Mr. Azmy confirmed that the light on his property does not need to be moved. The Board did not find the lighting to be a nuisance. Mr. Azmy discussed his property on Route 103. Mr. Azmy asked the Board to come to his property to view the stone that has been placed in the Class VI road that borders his property. The Board agreed to look at the stone. The stone may actually rest in Webster.

Mr. Robert O’Connor offered the Selectmen information for clarification. Mr. Azmy uses the Class VI road to access the back of his property. Part of the road belongs to Warner and part to Webster. Webster discontinued the road. When the road was discontinued half of the road reverts back to the property owners. Mr. O’Connor explained that a RSA states that you can not block the road if the entire road was not discontinued, the entire road must be assessable from beginning to end.

Selectman Brayshaw explained that the part of the road that is blocked is in Webster even though you have access from the Warner side. Mr. Azmy explained that it is also blocked in Warner.

Mr. Azmy requested a copy of a letter from the Planning Board defining the approved Site-Plan violations. Mr. Azmy does not feel that he has any violations. Selectman Brayshaw explained to Mr. Azmy that he was allowed to open a commercial business in a residential area. There were restrictions to comply when opening a business in a residential area. The Site-Plan that Mr. Azmy submitted to the Planning Board for approval does not reflect the business that is in place now. The Planning Board asked the Selectmen to notify Mr. Azmy to return to the Planning Board to explain the deviations to the approved Site-Plan. Mr. Azmy asked again what the violations are. Selectman Brayshaw explained that the approved Site-Plan is in violation. Selectman Brayshaw explained to Mr. Azmy that he should look at the approved Site-Plan and compare it to what is at the location. Selectman Brayshaw explained to Mr. Azmy that if he falls into compliance he could operate his business without any disturbance. There are guidelines that need to remain in compliance, if you remain non-compliant, a letter will be sent out explaining that you have a certain date to come into compliance or the business needs to cease and desist until such time. The town has ordinances and regulations as guidelines. Mr. Azmy stated that he would attend the Planning Board meeting on September 8, 2003 to clarify everything. Mr. Azmy feels that he is being harassed. Selectman Brayshaw explained to Mr. Azmy that it is not the Board of Selectmen that are harassing him, when you have fourteen residents from your area come in and bring complaints to the Board, it is our obligation to follow up. Mrs. Azmy asked the Board if when a letter from the State verifies that their septic system is fine, will that be explained to the residents that complain. Selectman Brayshaw commented that yes, the Board does explain when people are in compliance. Selectman Brayshaw explained to Mr. Azmy again about the deviations on the Site-Plan. Mr. Azmy clarified that he needs to prepare himself for the parking at the restaurant because that is the issue. Chairman Mical explained that it is the Site-Plan that was submitted that needs to be addressed.

Name not audible: This is my first time attending a Selectmen’s meeting, I believe in electing people and letting them do their job. For thirteen years I have bragged about our Transfer Station. I find the personnel helpful; I believe the Board is overstepping their role in what they are doing with the Transfer Station. As a citizen of this Town I believe your role should ensure that the Transfer Station conforms to State and Federal law and that it is safe. I don’t believe you were elected to manage the Transfer Station to the extent that you are trying to do. I ask the Board to allow Paul to do his job.

Richard Senor: I hope that the Board will include the Recycle Committee; they have ideas that need to be put forth.

George Pellettieri: I employ a number of young people, they all have had received helpful support when attending the Transfer Station, I have used recycled material from the Transfer Station. The whole concept of recycling in the community should be to recycle and reuse material. Recycling should be made mandatory, and I would like to see more support for the Transfer Station staff.

John Healy: I read the memorandum, stating that Paul has sole authority for the day to day operations of the Transfer Station.

Stephanie Gardner: Has there been a number of complaints about how the Transfer Station is operated? Is the Board listening to those who want service quickly, or are they listening to the general population. Would more signage help in directing residents to leave only usable material?

Selectman Brown: People have complained, they are people who feel just as strongly about this Town.

Name unknown: Do you realize that there are children from the High School that are asked to go to the recycle center and ask for small motors. Do you realize that the Transfer Station is used in that manner?

Selectman Brown: Nothing has been said preventing Paul to do that.

Joan Saunders: The Transfer Station was set up to transfer out our refuse, and it was to transfer out the unnecessary. I feel there is a great confusion toward understanding what may be useful, and what is considered material that needs to be disposed of. Maybe due to the growth changes and the recycling of more products, people are now unclear as to the function of the Transfer Station.

Selectman Brown: Part of the problem is the growth of the Town. It has grown considerably since the Transfer Station started. The Transfer Station was built to handle certain population. I understand that the Transfer Station is going to produce more clutter, but it also means you need to manage it better.

Joan Saunders: Are we still trying to bring income in from the Transfer Station.

Selectman Brown: It’s very much a goal at what Paul is doing.

Jerry Marsh: There should be money put in the budget to purchase a scale. Guessing weight is ludicrous.

Selectman Brown: I agree.

Mike Rogers: I am wondering why Mr. Brown has the authority to tell Paul what to do, when there is a memorandum stating that he has authority to run the Transfer Station.

Selectman Brown: In my understanding there are two levels of authority here. The Board sets the goals for the Departments, and on a supervisory level they deal with "how am I going to do that". You’re right, there is a document that states Paul is in charge of the day to day operation, but that does not mean he has sole control of the goals.

Selectman Brayshaw added that the role of the Selectmen is to monitor and control the budget of every department.

Mike Cutting: I think your job is much more than monitoring the budget. Your job as Selectmen is to manage the Town that is what you are elected for. Part of that management is to manage all the departments within the Town.

Paul Digeronimo: You entrust your Department Heads to stay within the budget, which means they need to make decisions. There should be more working together and a team effort.

Selectman Brown: There have been many conversations between the two of us regarding his ideas. There are steps with any plan between starting and finishing.

Selectman Brayshaw: The Transfer Station is not only a source in getting rid of trash, it is also a business. We realize that tax dollars can be saved.

Paul Fouliard: I would like to say that we haven’t made any progress this year, and I feel like we have been deliberately hammered. There is no reason why the Town can’t go through the fence and acquire more land. I don’t feel like Selectman Brown has worked with us. We have gone three and half years being hampered by some of the Selectmen, playing us down in the newspaper, and doing everything to degrade a department that your vote obligates you to help and nurture. Neither Selectman Brown nor Selectman Mical has said a single constructive word about the Transfer Station since they have been in office. You never ask about my men’s welfare, you never ask about the volunteer who works twenty-four hours a week. How caring and knowledgeable are you about this operation.

Selectman Brown: Then you haven’t been listening Paul.

Steve Bridgewater: I have been asked to serve on the Recycle Committee. The Selectmen have asked us to look into issues at the Transfer Station. There have been many suggestions that have come through the committee; none of them have dealt with the management of the Transfer Station. The committee was established to generate ideas on saving money, how do we enforce the law that was enacted by the Town of Warner, and how do we continue to recycle. It is the Selectmen’s responsibility to enforce the law. The law states that any vendor that is going to take trash in and out of Town must be bonded. This is an operation that the Selectmen should direct the Finance Director to enforce. It has never been enforced since the law was written in 1989. The committee is concerned that the dumpster use in the Town of Warner accounts for 50% of the trash going out that goes against the Towns capital budgetary numbers. As taxpayers we are paying for the dumpsters. The committee has asked the Selectmen repeatedly to gain control or at least handle the dumpster issue. Instead the Selectmen focus on personnel. Paul has brought ideas to the committee and the Selectmen for ways of enhancing the Transfer Station and the recycling area, Paul’s ideas would not only clean up the area but would also help the Town be more profitable.

Nicole Fouliard: Selectman Brayshaw is it not true that you just said "it’s the Board of Selectmen’s responsibility to monitor and control the budget"?

Selectman Brayshaw: I do believe that is what I said.

Nicole Fouliard: Isn’t true that the Board of Selectmen all agreed to order the clean-up day that cost the Transfer Station nearly $4000.00?

Selectman Brayshaw: I was asked on the phone about the clean-up, but I was not aware of amount involved. I was aware that a dumpster was going to the Transfer Station to clean up some areas.

Nicole Fouliard: Isn’t it true that there is a New Hampshire RSA that strictly says that any Department Head goes 10% over budget that can be terminated from their job?

Selectman Brayshaw: This is the second time I have heard of that.

Stephanie Gardner: Selectman Brown are you a part of the Recycling Committee meetings?

Selectman Brown: Yes I am.

Judith Rogers: Have all these changes come about because people have been complaining negatively?

Selectman Brown: The combination of the complaints and the obvious things that I saw when I went up there. Obviously I feel different about it than you do.

Judith Rogers: What did you see when you went up there.

Selectman Brown: I saw a mess. I saw it getting worse and worse with time. When I first came to Town my reaction to the Transfer Station was a good one. I have seen it change over the last three years.

Judith Rogers: If everyone were aware of the growth they would not say that. As of the middle of July, last year I (Town Clerk) gave out 100 temporary stickers, this year I have given out 200 temporary stickers. My comment is about the complainers. I still don’t see any complainers at the meetings complaining about the Transfer Station. If they don’t come forward and identify themselves then I don’t think there is a problem.

Richard Senor: How long did DES give to get rid of the shingles?

Selectman Brown: The shingles were disposed of before the report was received.

Richard Senor: So you got rid of the shingles because it was growing. We could piece-meal the shingles into the dumpster. To make something organized does not seem like a very good financial decision.

Steve Bridgewater: The Recycle Committee was looking into having the shingles recycled. It will be up for vote in a couple of weeks to use recycled shingles for roadbeds.

Stephanie Gardner: How do we get to the place where everyone works together?

Selectman Brown: I am willing to work with Paul on every single idea he has. That doesn’t mean I am going to agree with him. I am willing to talk.

Stephanie Gardner: Why is there a Recycle Committee?

Selectman Brown: The cost of recycling shingles was discussed and also the additional cost to the Town if they are sent out to be processed into aggregate and then come back to be used by the Town.

Richard Senor: The Public Works Director is willing to use the aggregate.

Selectman Brown: Yes, and we were going to end up $29.00 a ton behind the eight ball.

Steve Bridgewater: That was when there wasn’t a way to use them in NH. Paul brought to the committee’s attention that NH was going to change the law.

Robert O’Connor: The DES report stated that there was a large accumulation, the reason for that is because they could only put so many shingles into the box. The law has since changed so that the percentage of the box can be greater than it was before. In order to meet State requirements they had no choice but to accumulate them. The number of homes being built and the remodeling is affecting the Transfer Station. You’re saying it’s a mess and you want it cleaned up, then give Paul the people that he needs.

Selectman Brown: The reason the shingles were being stock piled was because Paul was using a carrier that would allow 1/5^th worth of shingles because it was a lower dollar per ton. That’s why they were being stock piled, not because of any State law.

Robert O’Connor: I have one question for the Board that does not have anything to do with the topic. On September 16^th there will only be two Selectmen and also on the 23^rd. I want to know why there will be only a two member Board when you have seven past Selectmen that have been called in the past to fill the seat.

Chairman Mical: What’s to say we are going to meet with two?

Ken Klinedinst: Comments were made that some things would be put on the back burner, and you were going to address some items later in the month because you were short a Selectman.

Robert O’Connor: From your statement Mr. Mical I can assume if I show up on the 16^th and the 23^rd I could expect to see three Selectmen.

Chairman Mical: Potentially.

Robert O’Connor: Your going to be gone the 16^th is there going to be a replacement for you on the Board.

Chairman Mical: It’s up to the other Board members.

Selectman Brayshaw: We’ll wait and make a decision.

The Board received a few more comments regarding the Transfer Station.

Chairman Mical closed public comments.

The Board reviewed and signed an agreement for professional engineering service from Provan & Lobar regarding Exit 9 development.

Selectman Brayshaw made the motion to adjourn at 10:19 p.m. Selectman Brown seconded the motion. All were in favor. The motion passed.

Edward F. Mical – Chairman

John C. Brayshaw

Allen C. Brown