Warner Board of Selectmen

Meeting Minutes

September 18, 2007

 

Meeting opened at 7:15 p.m.

In Attendance:   Selectman David E. Hartman - Presiding

                        Selectman Wayne Eigabroadt

                        Selectman Richard A. Cook

Absent:             None

Recorder of the minutes is Mary Whalen  

Others present:  Laura Buono – Town Administrator,  Martha Mical,  Richard Senor  

1. NON PUBLIC SESSION

Selectman Cook made a motion that the Board of Selectmen enter into Nonpublic session as allowed by RSA 91-A:3 II (b) the hiring of any person as a public employee. Selectman Eigabroadt seconded the motion.  Roll call vote: Selectman Eigabroadt - Aye; Selectman Cook - Aye; Chairman Hartman – Aye.  Motion passed unanimously.  

Laura introduced Jean Lightfoot as the preferred candidate for the Land Use Secretarial position.  Qualifications and past employment was discussed.  Rate of pay was agreed upon ($14.26) a performance review will take place in 6 months, with a step increase if successful.  

Selectman Eigabroadt moved that the Board of Selectmen come out of Nonpublic Session.  Selectman Cook seconded the motion.  A roll call: Selectman Cook – Aye; Selectman Eigabroadt – Aye; Chairman Hartman – Aye.  The motion passed unanimously.  

PUBLIC SESSION OPENED AT 7:30 P.M.  

2. MOTION TO HIRE

Selectman Cook made the motion to hire Jean Lightfoot as the Planning/Zoning Secretary at $14.26 per hour with a start date of October 8, 2007 .  Selectman Eigabroadt seconded the motion.  All were in favor.  The motion passed.  

3. MARTHA MICAL – REXFORD PROPERTY

Martha explained that the Town took a portion of two different lots (undivided interest) through taxes several years ago.  One of the owners of the property sent the Selectmen a letter requesting of the Selectmen to  purchase the Town’s interest.  The other owners of the same property have been notified.  Martha asked the Selectmen if they are willing to offer the property to the interested party; the other owners have expressed no interest in the property.  The main significance will be the property will end up in clean ownership to one family. Martha is requesting permission to offer the property at the cost of the deeds.  Selectman Eigabroadt does not understand how the Town could take an interest as opposed to a piece of property.  Martha said the Town can only take the portion that did not get paid; this divided interest was set up many years ago.  Selectman Eigabroadt doesn’t have a problem with offering the property; he is trying to understand how the interest was taken for taxes.  Selectman Cook made the motion to offer Map 6 Lot 31 & 35 (Town’s interest) for sale to Marsha Rexford Trust for the cost of drawing up the deeds and back taxes.  Selectman Eigabroadt seconded the motion.  All were in favor.  The motion passed.   

4. 911 SECONDARY LIAISON

The Selectman appointed Mary Whalen as the 911 Secondary Liaison.  

5. SHARON WASON – CENTRAL NEW HAMPSHIRE REGIONAL PLANNING COMMISSION

Sharon met with the Selectmen to discuss various projects and activities of the Commission.  Sharon explained the Executive Committees commitment is to maintain dues at the same level ($1.05 per person per capita). (Note: prior to this point the audio tape was not audible in various sections)  One of the activities Sharon shared is central and southern NH is working with Local Government Center to develop a training program for Planning Board and Conservation Commission Clerks called Clerk Works.  There will be a Saturday training program twice a year, when the curriculum is completed a certificate will be received. 

The CNHRPC is also working on local source water protection grant applications (for protecting existing permanent water supplies).  CNHRPC has spoken with Conservation Commission member Jim McLaughlin about some ideas, CNHRPC has helped Jim complete some recent work with scenic by-ways.  CNHRPC has given the Planning Board an estimate for a Master Plan.  Selectman Cook asked what the water protection is. Sharon explained that the State has an RFP out for local source water protection grants which can be for mapping activities, local land-use regulations, signs, fences, gates, physical security measures, and planning for land acquisitions.  The grant applications are due November 1st.  The State has priority watershed areas, all of CNHRPC 20 communities are in the priority watershed areas, and Warner scored high in a good way as far as a chance in receiving some money.  The Selectmen spoke about the Exit 9 development and how that has potential impact on the public water supply.  The Conservation Commission brought forward concerns about the Exit 9 development and the inadequate drainage.   

Sharon explained that 3 employees left last summer, staff has been re-hired.  The project for widening I-93 found that some northern towns will be affected such as Concord , Bow, Dunbarton etc. CNHRPC has received over $200,000 worth of work connected with the widening project.  CNHRPC has been able to purchase a new plotter, radar GIS software, and training that benefits CNHRPC and the other communities.  CNHRPC now does circuit writing in 4 of the 20 towns, they do reviews for Planning/Zoning Boards in another 8-9 towns on a regular basis.  CNHRPC is doing an economic development plan with the Town of Pittsfield working with their local committee.   

6. MANIFEST

Chairman Hartman explained the Selectmen initiated the practice of signing payable manifest during the Selectmen’s meeting; the payables have accumulated two weeks prior.  On the alternate Monday or Tuesday when the Selectmen do not meet the payroll manifest is signed and acknowledged during the next Selectmen’s meeting.   

Selectman Cook made the motion to authorize the Selectmen to sign the manifest in order to have the Treasurer sign the payroll checks numbered 39854 through 39905 dated 09/11/2007 totaling $37,710.30 and accounts payable checks numbered 39906 through 39959 dated 09/18/2007 totaling $37,488.63.  Selectman Eigabroadt seconded the motion.  All were in favor.  The motion passed.  

7. STATE VETERINARIAN

Selectman Eigabroadt/Health Officer said that he placed 2 calls without receiving a return call.  Chairman Hartman confirmed that the problem with the animals still exists at Map 10 Lot 45.  Selectman Eigabroadt offered to make a personal appearance at the State Veterinarian office.  Selectman Cook recommended a call to the State Representatives if no action is taken.  

8. MEETING MINUTES – FORMAT DISCUSSION

Laura explained that at the last Selectmen’s meeting it was brought up that the Board would discuss the contents of meeting minutes and if they require more or less detail.  Mr. Senor had brought to the Selectmen’s attention that his comments were not included during a meeting where Corcoran Environmental did a presentation on single stream-recycling.  Selectman Eigabroadt said he has spoken to the secretary about the meeting minutes in the past noticing a pattern; if issues where heated, aggressive or distasteful they were not in the minutes; verbatim is not necessary but specific enough that anybody who reads the minutes can get a general sense of the meetings the topics that were discussed and decisions made.  Laura spoke about a set of meeting minutes where the Board requested changes; the changes were made for the Board to reply back to the secretary, those were never received.  Laura said part of what was said at the last meeting was the Town was in violation of the right-to-know law, based on the minutes that Mr. Senor referenced; the Town was not in violation.  It would also be beneficial for the record keeper to have speakers step up to the microphone, clearly state their names and comments. Selectman Eigabroadt added that accuracy is the key as well; there have been times when Selectman Eigabroadt mentioned clear accusations about Selectman Cook that was not reflected in the minutes, after which corrections were made.  Selectman Cook added that the Board needs to take more responsibility making sure the minutes reflect what the Board feels is important.  Selectman Cook recommends the minutes should continue the level of detail as presented in the August 21 meeting minutes.   

Public Comments:

Richard Senor said in speaking in length with both the Attorney Generals Office and Local Government Center , if someone speaks to a topic it must be in the minutes depicting the tone of the speaker.   

Selectman Eigabroadt said the actual Statute 91-A states “person speaking and a brief discussion of the topic” it doesn’t say anything about tone.  In Selectman Eigabroadt’s opinion the tone of the meeting should be reflected.  Laura added that reflecting a tone could be subjective when the recorder is listening to a tape.  Chairman Hartman summarized the discussion by taking advice from Local Government Center and others along with using the August 21 meeting minutes as a template.  

Selectman Eigabroadt made a motion to recess for 5 minutes.  

9. HIGHWAY SAFETY COMMITTEE RECOMMENDATIONS

The Highway Safety Committee met on August 28, 2007 to consider a request to lower the speed limit on Newmarket Road between Waterloo Bridge and Retreat Road.  The Highway Safety Committee recommends the Selectmen reduce the speed limit from Route 103 to Retreat Road to 25 mph. The congestion between Route 103 and Waterloo Bridge and the lack of sight distance between Waterloo Bridge and Retreat Road supported the recommendation. Chairman Hartman explained that one item Chief Chandler discovered since the last Highway Safety Committee meeting is the Selectmen can lower speed limits to as low as 25 mph. Chief Chandler said if the Selectmen approve the recommendation once posted he would establish enforcement in the section discussed in an attempt to make sure people obeyed the 25 mph limit.  Selectman Eigabroadt asked if everyone in the Committee was in consensus with the change, based on the Highway Safety Committee minutes the change is based on actual numbers and studies provided by the traffic counter.  Selectman Eigabroadt made the motion to reduce the speed to 25 mph from Waterloo Road beginning at Route 103 to Retreat Road.  Selectman Cook seconded the motion.  All were in favor.  The motion passed.  Selectman Eigabroadt asked if there is a specific way the Board wishes to have the change phased in or just leave it up to the Police Chief.  Chairman Hartman explained that different sign posts were discussed in order to accommodate two signs.  The approval will be forwarded to the Director of Public Works and the Police Chief.  Selectman Eigabroadt said it would be a good idea when the enforcement is stepped up to pass out warnings first advising of the change.  Laura recommended noticing the change on cable and the website.  

The second recommendation submitted by the Highway Safety Committee has to do with the island located at the Route 103/McDonald’s, Irving , Market Basket intersection.  The island is not marked or well defined.  The Committee recommends the Selectmen contact the responsible parties about the safety issue regarding the island.  The Selectmen determined that the Department of Transportation should be notified of the complaint.  It was clarified that McDonald’s owns the entrance road.   

A Highway Safety Committee member noted that a resident that lives at the apartments located next to the Old Grade School is not obeying the entrance and exit flow of traffic which is concerning now that school is in session. Chairman Hartman made the motion to send a letter of concern to the owner of the apartments notifying the residents to recognize proper circulation patterns established on Town property.  Selectman Cook seconded the motion.  Selectman Eigabroadt asked if the Town owns the parking lot and is there are any deeded rights for the apartment building.  Laura doesn’t believe so.  Selectmen Eigabroadt said if there isn’t then it can be added as an alternate remedy is for the apartments to find alternative parking.  All were in favor of the motion. The motion passed.    

10. SELECTMEN’S REPRESENTATIVE TO THE RECYCLE COMMITTEE

Selectman Cook said that there are not official representatives to other committees; whoever is interested from the Select board can attend.  Selectman Eigabroadt also recommended that the Recycle Committee can report to the Selectmen periodically/when necessary or when the Selectmen ask for a report.  

11. RECYCLE COMMITTEE GRANT RESEARCH REQUEST

The Recycle Committee submitted a letter requesting the Town Administrator research any available grants pertaining to recycling.  Laura has information on grant and program information from New Hampshire the Beautiful.  

Richard Senor asked a question about the drywall (question was difficult to hear). Laura replied by saying there is information that needs to be looked at.  Richard Senor replied back (reply was not clear).  

Selectman Eigabroadt requested to leave the meeting at 8:55 p.m., Laura asked him to sign the MS-5 before he left.  

12. TOWN ADMINISTRATOR’S REPORT

Capital Budget – Since there is some work to be done on the Capital Budget prior to a presentation to the Budget Committee, Laura asked the Board if they would like her to schedule a work session.  The Board agreed to Tuesday, September 25 at 6:00 p.m.  

Wages – Laura has been working on the 2008 wages with town departments so that they can have a figure and process to the Selectmen within a couple of weeks.  Once they have completed their work, they will request a work session with the Board to go over the information.  

Town Report – Last year, the Town went out to bid for the Town Report.  Laura asked the Board if they would like to do a formal bid process again this year or request quotes from various companies.  The Selectmen agreed to various quotes.  

Recycling Committee – A letter was received from the Recycling Committee with regard to Richard Senor’s request at the last Selectmen’s Meeting for grant research.  There are a couple of programs offered through NH the Beautiful with regard to recycling bins that will be forward to the Committee.  

DES Visit – As the Board is aware, DES visited the Transfer Station on September 7th and approved the use of the sheetrock pile in order to build up the berms that were previously built utilizing sheetrock in 2003.  There were a couple of observations by the inspectors that will need work such as the used oil area and the clutter in front of the building.  These are areas that Laura has been discussing with Paul Fouliard.  An area at the Public Works Department where there is stockpiling of construction debris from various projects will also need to be cleaned up.  Allan Brown has stated to Laura that they pile debris every year while working on projects and then sort through it and get rid of it each fall.  Laura said the stockpiling can be done, except where it is being dumped looks like a landfill.  DES said that material needs to be placed in a location where there will be no question as to what is going to happen to it.  Laura has not met with either Paul or Allan yet in regards to the letter.  Laura feels the letter was very constructive and provides the information as to what needs to be done.   

Christmas Eve – Christmas Eve is on a Monday this year and Laura would like to close Town Departments to the public at noon that day so that staff can have the choice to either work a full day or use vacation time to start their holiday earlier.  The Board agreed.  

MS-5 – Copies of the MS-5 were given to each Selectman for review.  As a result of the audit, the ending fund balance for 2005 has been adjusted from $879,245 to $1,021,794.  This report needs to be signed by the Selectmen and forwarded to the Department of Revenue.  Tammy Webb, the lead auditor for Warner, is checking with one of the other auditors for the status of our Capital Assets.  That is the last piece she is waiting for to complete the audit report and management letter.  

Sexual Harassment Policy – One comment has been received from the employees with regard to the proposed sexual harassment policy.  The comment was that it should be clearly stated that as part of the investigation of a complaint, the “accused” will be advised of the problem.  Laura agrees with the comment.  The Board agreed with the change.   

13. OTHER BUSINESS

Selectman Cook attended the Odd Fellows Building Committee meeting that was held on September 14th.  Anthony Mento has resigned as Chair.  The Committee will arrange a meeting with Christopher Closs, there is concern on how to move forward at this time in regards to the downtown drainage system issue.  Because the school is involved it is not clear when there will be any resolution.  Laura offered to call the Superintendent.  Chairman Hartman recommended meeting with the School Board representatives.   

Selectman Cook has received complaints regarding Mr. Dunn and property located on Melvin Mill Road .  There is currently stone and bricks on the property.  Selectman Cook recommends a letter to the property owner saying nothing is to be built without a building permit.  Martha Mical noted that it is also in violation of the zoning ordinance to stockpile material on a property.  

Selectman Cook presented a quote for repair of the slate roof on the Town Hall.  

Selectman Cook reminded the Board that there will be a Zoning Board site walk on September 21 beginning at 5:30 p.m. on Dan Harte’s property and on September 22 there is a Planning Board site walk of Wagner property.   

Selectman Hartman will be participating as a member of the Board of Selectmen speaking at the program for the Pillsbury Free Library, Library of the Year Award on September 22.   

Chairman Hartman and Laura Buono met with Liz Beddard from Concord Regional Co-op study of single-stream recycling; Liz is visiting all the co-op towns obtaining data.  The Co-op has also requested the yearly guaranteed annual tonnage, Paul Fouliard will be consulted.  Chairman Hartman said the town is producing less trash than last year at this time but with three months ahead the Town will not quite reach the GAT.   Selectman Cook asked Chairman Hartman to reiterate the ramifications for under or over estimating.  Chairman Hartman explained if the Town under estimates it doesn’t cause the Town any problem if the Town over estimates (does not deliver as much trash as the Town said they would) the Town is obligated to pay the amount up the GAT.  Last year the Town had to pay for 100 tons.  Chairman Hartman recommends reducing the GAT by 50 tons for next year.  

14. MEETING MINUTES

Meeting minutes dated August 21 Meeting Minutes, August 21 Non Public Session, September 7 Meeting Minutes were not approved.  

Motion to adjourn at 9:22 p.m.  

Board of Selectmen  

David E. Hartman
Wayne Eigabroadt
Richard A. Cook