Warner Board of Selectmen

Meeting Minutes

September 21, 2004

Meeting opened at 6:05 p.m.

In attendance: Selectman Wayne Eigabroadt – Chairman, Selectman Peter St. James

Recorder of the minutes is Mary Whalen.

Ray Martin met with the Selectmen to review the 2005 Fall Foliage Festival agenda.  Selectman St. James made a motion to accept the 2005 Fall Foliage Festival report.  Chairman Eigabroadt seconded the motion.  The motion passed.

Bob O’Connor met with the Selectmen for support to further research the construction of sheltered bus stops for the school children.  Mr. O’Connor is completing a project plan, the School District , busing system, State, and the Finance Director have been consulted.  Zoning ordinances will be reviewed.  Areas are being targeted with six or more children.  The shelters will be constructed at no cost to the Town.  Mr. O’Connor will return in two weeks with more information.  Information for local grant writing was forwarded to Mr. O’Connor.  Selectman St. James made the motion to support the bus shelter project.  Chairman Eigabroadt seconded the motion.  The motion passed.

The Finance Director reviewed the submitted Co-operative Preschool budget for 2005, no changes from 2004 ($5,304.00).  Kearsarge Children Center 2005 budget, same as 2004 ($9,980.00).  Lake Sunapee Visiting Nurses is asking for $7,607.00, based on 2,898 residents.  Community Action is asking for $15,792.00 for 2005. 

Chairman Eigabroadt made the motion to approve the August 31 & September 7, 2004 meeting minutes as written. Selectman St. James seconded the motion.  The motion passed.

Warner Boy Scouts Troop 67 requested permission to sell popcorn at the Transfer Station either on September 25th or October 2, 2004 .  Selectman St. James made the motion to approve the request for Troop 67 to sell popcorn at the Transfer Station.  Chairman Eigabroadt seconded the motion.  The motion passed.

Chairman Eigabroadt read for the record the resignation of Selectman John C. Brayshaw.  “Due to extensive travel requirements with business and family obligations I find I will no longer be able to continue in my role as Selectman effective September 15, 2004 .  I regretfully submit my resignation to the Town of Warner and the Warner Board of Selectmen.  It has been a privilege to serve in this capacity for the past six years and I truly hope that I have made a difference in the quality of Town government.”  Chairman Eigabroadt made the motion to accept the submitted resignation from Selectman John C. Brayshaw.  Selectman St. James seconded the motion with prejudice.  The motion passed. 

The Board of Selectmen signed a “Cease & Desist” order that will be served a second time to George and Rachel Naughton due to a technicality noted in New London District Court on September 15, 2004.  The original order was not served with the correct documentation. 

Mr. & Mrs. Glen Davis requested approval for their existing mobile home to remain on site during the construction of their new home. The Board of Selectmen granted approval for the mobile home to remain on site during the construction of a new home for two years or within 30 days after receiving an “Occupancy Permit”, which ever comes first.

Robert Shoemaker and Gerry Courser met with the Selectmen to present a 2005 budget for Trustees of Town Cemeteries.  The mowing contract shows an increase along with an added cost to remove a pine tree in the Lower Warner Cemetery .  The Trustees will be asking the Town for another $5,000.00 for the restoration of headstones.  

Barbara Annis and Derek Pershouse met with the Selectmen and presented a 2005 budget for the Planning Board.  The asking budget for 2005 amounts to $27,910.00, there were increases in the legal, taxes map, and secretary salary line.  The Planning Board received a grant for a corridor study. 

Martha Thoits and Martha Mical met with the Selectmen and presented a 2005 budget for the Zoning Board.  Advertising, supplies, secretary salary and telephone lines show an increase.  Individual merit increases will be discussed at a later date. 

Mr. Paul Proulx met with the Selectmen and presented a written request regarding enforcement of the zoning violations on the site plan for R. C. Brayshaw Co. Inc located on New Market Road .  Mr. Proulx feels that there is a reluctance to address the problem.  Mr. Proulx has consulted with legal counsel who has advised Mr. Proulx to present a written request, Mr. Proulx asked for the request to be read into the record.

Chairman Eigabroadt read Mr. Proulx’s request handed to the Selectmen on September 21, 2004 .  The letter is dated September 14, 2004 addressed to the Warner Board of Selectmen.  “Gentlemen, in light of some resent developments in the site enforcement issue at the R. C. Brayshaw Co. on New Market Road . I (Mr. Proulx), am requesting that the Board of Selectmen appoint two former Selectmen, they would assist Selectman St. James to oversee the enforcement of the zoning decision and the site plan at the location.  I feel there is a conflict of interest with this issue of enforcement and request that both Selectman Brayshaw and Selectman Eigabroadt recuse themselves from all matters on this issue in the best interest of the Town.  The two appointed former Selectmen that would fill these positions should also have no past connection or input on this issue.  In so doing there should be no hint of a conflict of interest or improprieties associated with the issue of enforcement of the site plan and the zoning decision that were affirmed by the Merrimack County Superior Court of the State of New Hampshire .  I would also request that I have the opportunity to meet with any newly appointed Selectmen to discuss all of the issues of non-compliance at the R. C. Brayshaw Co. location.  Respectfully requested Paul F. Proulx, 168 Waterloo Street , Warner, NH.”  Chairman Eigabroadt asked Mr. Proulx if there was anything else he would like to add.  Mr. Proulx commented “that in talking with some people the reason he is requesting for both (Selectman Brayshaw & Selectman Eigabroadt to recuse themselves) is the fact that any conflict of interest that anyone involved should recuse themselves to be judicially prudent.  It was recommended to me to address it in this manner.  There is a problem with the enforcement; we are enforcing some of these things at one end of the town but not the other.  I would like to say that this could clear up the matter; this thing has been dragging on for several months now.  Hopefully it could be expedited in some form that would address the issue.”  Chairman Eigabroadt explained that the Board of Selectmen will take Mr. Proulx’s request under consideration and will respond within a timely manner.   Chairman Eigabroadt explained that Selectman Brayshaw has submitted his resignation as of this evening. 

Lois Shea and Tina Schirmer met with the Selectmen to discuss the tower on Kearsarge Mountain Road .  Ms. Shea and Ms. Schirmer both feel that the Planning Board and the Town have not addressed some serious concerns that residents have expressed about the site.  A chronological record of events and issues was passed on to the Selectmen to review.  Chairman Eigabroadt asked about one of the stipulations that have been requested “to research and make public the terms of the 1984 special exception that was granted for this site.”  To date the town has not made public the terms of that agreement.  Chairman Eigabroadt asked how the information was requested.  Ms. Shea explained that she has asked the Planning & Zoning Board, the only information located was vague variance language.  Martha Mical, Zoning Board vice-chair explained that she believes the information can be found on microfiche, zoning variances dated back to the 1980’s did not state any stipulations.  Ms. Shea explained that if there are no original stipulations, our concern is that this site has expanded in a residential area and residents of the area would like to see the town clarify what is and what is not allowed on the commercial site.  As residents in this R2 district we are concerned about the growth of the site, dishes were added, propane tanks, and recently equipment trucks have been stored.  The Selectmen will visit the site, and have asked Ms. Shea and Ms. Schirma to return to the Board in two weeks.  Ms. Schirma commented to the Selectmen that the Planning Board did stipulate that TDS plant a screening.  Plants have been installed but they will not act as a screen for another five years.  Selectman St. James asked Planning Board chair Barbara Annis how screening is defined.  Mrs. Annis stated that screening means, “not to be seen”.  It is not specified how close and how large the plantings should be.  Mrs. Mical commented that on the site-plan it usually specifies what type of screening is required.

George Saunders, Parks & Recreation Chair met with the Selectmen to clarify that the Board of Selectmen will fill the part time custodial position that takes place at Silver Lake , Bagley Field and Riverside Park .  For the remainder of the season Parks & Recreation will continue to clean and remove trash.  Both parties agreed that communications would improve. 

Chairman Eigabroadt made a motion to pay $54.00 from the Martin Building Capital Reserve fund to Intertown Record for a clean out bid proposal.  Selectman St. James seconded the motion.  The motion passed.

The Selectmen requested further clarification for the Town Hall roof proposal.  The cost for saving the slate needs to be addressed.

The Selectmen sign on building permit for:

Map 16 Lot 20                Sunroom

Map 20 Lot 13               New Home

The Selectmen discussed a previous request from Mr. George Naughton to lease a piece of property on North Road from the Town of Warner . There are current zoning violations that the Town has yet to resolve on Mr. Naughton’s residential property.  Chairman Eigabroadt made a motion not to lease any Town property to Mr. George Naughton.  Selectman St. James seconded the motion.  The motion passed.

Martha Mical commented to the Selectmen about a camper that is occupied on North Road .  The Selectmen’s office explained that the Health Officer is aware of the situation.

Barbara Annis commented that the Capital Improvements meeting with the Budget Committee went very well.  The Department Heads worked well with each other.

Chairman Eigabroadt made a motion to go into non-public session per RSA 91-A:3 II(a).  Selectman St. James seconded the motion.  All were in favor.

Chairman Eigabroadt made the motion to close the non-public session and open the public session and to seal the minutes.  Selectman St. James seconded the motion.  All were in favor.  The motion passed.

Motion to adjourn at 9:33 p.m.

Board of Selectmen

Wayne Eigabroadt – Chairman

Peter St. James