Chairman Karrick opened the meeting at 2:05 p.m.

In Attendance:   Selectman David Karrick, Jr. – Chairman, Selectman David E. Hartman, Selectman Clyde Carson &

                        Town Administrator – Laura Buono

Absent:             None      

Others present: Martha Mical, Jeanne Hand, Ed Mical, Jim McLaughlin  

1. Nonpublic

Chairman Karrick moved to enter into Nonpublic Session at 5:06 p.m. per RSA 91-A: 3 II (c), reputation. The motion was seconded by Selectman Hartman. A roll call vote was taken. Chairman Karrick – yes; Selectman Hartman – yes; Selectman Carson – yes.  Motion passed unanimously.   

In attendance: Chairman David Karrick, Jr., Selectman David E. Hartman, Selectman Clyde Carson and Town Administrator Laura Buono.  

The status of Map 3 Lot 76 was discussed as well the next steps to be taken.  

Chairman Karrick moved to come out of Nonpublic Session at 5:37 p.m.   The motion was seconded by Selectman Hartman. A roll call vote was taken. Chairman Karrick – yes; Selectman Hartman – yes; Selectman Carson – yes.  Motion passed unanimously.   

2. Nonpublic

Chairman Karrick moved to enter into Nonpublic Session at 5:38 p.m. per RSA 91-A: 3 II (a), employee discussion. The motion was seconded by Selectman Carson. A roll call vote was taken. Chairman Karrick – yes; Selectman Hartman – yes; Selectman Carson – yes.  Motion passed unanimously.   

In attendance: Chairman David Karrick, Jr., Selectman David E. Hartman, Selectman Clyde Carson and Town Administrator Laura Buono, Police Chief William Chandler.  

Chief Chandler met with the Board of Selectmen to discuss the recent resignation of David Ackerman.  

Selectman Hartman moved to come out of Nonpublic Session at 6:10 p.m.   The motion was seconded by Chairman Karrick. A roll call vote was taken. Chairman Karrick – yes; Selectman Hartman – yes; Selectman Carson – yes.  Motion passed unanimously.   

Chairman Karrick opened the public session at 6:12 p.m.  

3. Emergency Management

Ed Mical, Emergency Management Director reported to the Selectmen that the Emergency Management Performance Grant Program which is a 50/50 match allows for the purchase of generators.  Mr. Mical asked the Selectmen if they would like him to move forward, he said that he could apply for two generators, one for the Fire Station and one for the Town Hall; these items are already in the Capital Improvements Program.  The cost for the Town Hall is $13,500 (13 KW); this would run the entire Town Hall.  The cost for a 20 KW is $16,120.  The cost for the installation of an automatic transfer switch is $1,985.  The cost for wiring the Town Hall is $8,000; this cost includes modifications to the current electrical system.  Chairman Karrick asked Mr. Mical what he would be applying for.  Mr. Mical said the generator, switch and wiring; the Town would be responsible for 50% of the cost, labor can be included as part of the 50% cost.  Chairman Karrick asked if the program has guidelines.  Mr. Mical said no, he does feel the 13 KW would be adequate for the Town Hall.  Both Selectman Carson and the Town Administrator advised on the larger one in case there is future expansion to the Town Hall.  Chairman Karrick asked what the life span is.  Mr. Mical said 20 years or more; there is also routine maintenance involved.  These generators are run by diesel.  Mr. Mical said the State recommends obtaining the funding first before applying for the grant; expiration for applying is September 2010. Selectman Carson recommends a warrant article in 2010 for half the cost and if the grant does not come through he recommends another warrant article in 2011 for the balance so either way the Town Hall ends up with a generator.   

Mr. Mical reported that the deadline for completing the Connors Mill Bridge project is September 30^th; the State needs to be notified that the project is complete so the State can begin their inspection.  Selectman Hartman asked what is the engineers (Provan & Lorber) role in the close out.  It is believed that the engineer does have a close out check list.  The next project that will be ready for close out is Joppa Road West .   

Mr. Mical provided a letter from the Capital Area Public Health Network about the fall flu season and the involvement of the Emergency Responders.  Both the Town Administrator and Mr. Mical will attend a table top exercise on Thursday, October 8.  

Selectman Carson asked for an update on the property survey (Map 29 Lot 1).  Mr. Mical said he should hear from the surveyor next week.  

4. Jeanne Hand – Work Force Housing

Ms. Hand recommends delaying the proposed work force housing regulations that will be proposed by the Planning Board per RSA 674:23 for the 2010 warrant.  She feels the advantage of trying to delay this warrant is more information will be available such as the census information.  Selectman Hartman said the census information will not be available for 2-3 years and there is no guarantee that an ordinance will be ready for the next Town Meeting.  Selectman Hartman explained the work force housing statute as it relates to Warner; right now the Town of Warner meets the standards for available housing.  A developer can build work force housing under the present ordinance.  Selectman Hartman said the Planning Board is trying to develop a system to deal with sub standard lots.  

5. Assessing Clerk – Signatures

Martha Mical, Assessing Clerk, presented two items: Heavy Hauling Permit for Cunningham Pond Road , and 2 Veterans Exemptions.  

Selectman Carson asked, referencing the logging operation on Horne St., if there is a place on the intent where it would indicate all other necessary forms with the State have been filed.  Martha Mical said no, any further State permitting is verified by a phone call.  She said usually any paperwork from the State is received after the logging operation is completed.  Ms. Mical also said the Town Forester visited the Horne St. logging operation and verified everything is in place and there are no issues with the logging operation.  The only issue was the logger did not post the intent in a visible location.  Martha Mical said the State of NH has a logging operation in the Ashington State Forest as well as two more in the Harriman/Chandler Reservation.   

6. Highway Safety Committee Recommendation

Members of the Highway Safety Committee met on Thursday, September 17 to consider a request to lower the speed limit on School Street to 25 mph.  The current speed limit is 35 mph which is not posted.  Because the road is considered secondary the Board of Selectmen can approve this request without any State permitting.  The Highway Safety Committee is recommending a 25 mph limit from the beginning of School Street up to the Carroll State Forest boundary marker, and then 35 mph up to the curve near Fish & Game.  Selectman Carson asked if the same could be done for Denny Hill Road .  The Committee agreed that the Denny Hill Road , Old Main Street and School Street area needs to be looked at.   

Selectman Hartman moved to lower the speed limit to 25 mph from the beginning of School Street up to the Carroll State Forest boundary.  Chairman Karrick seconded the motion; all were in favor, the motion passed.  

7. Administrator’s Report

Capital Area Public Health Network - The Town Administrator and Ed Mical will be attending a table top exercise with the CAPHN on the morning of Thursday, October 8^th which will be centered around H1N1.  

Zoning Board – Atty. Donald Gartrell accepted service for a case involving the Zoning Board whereas Albert and Mary Ann Plass are appealing a decision of the ZBA.  A copy of the appeal has been forwarded to Martha Thoits of the ZBA and to the Town Clerk.  

Odd Fellows Building (roof) – Odd Fellows Building Committee member Jim McLaughlin said repairing the roof will slow down further deterioration on sections of the building from rain and snow melt.  Mr. McLaughlin said in August 2009, OFBC member Kyle Whitehead prepared an estimate for the roof repair totaling $3,945, of which $1,530 is for materials, $735 for equipment rental leaving the balance for labor.  Mr. McLaughlin said the cost could be lowered, particularly the labor (pro bono).  Mr. Christopher Closs and the Men’s Club have donated $250 each; the Men’s Club included a proviso, that the work is completed by December 2009.   Mr. McLaughlin is asking if the Town could provide the balance of the cost.   

Selectman Hartman said it was hoped that there would be developer interest by the end of August.  At this time, since there has been no developer response, Selectman Hartman recommends bringing the building back to Town Meeting as well as suspending any more spending on the building. Jim McLaughlin said the OFBC has not moved forward yet in contacting other parties that may be interested in the building such as assisted housing, CATCH and other similar entities.  Mr. McLaughlin is also working towards obtaining an estimate for more substantial work that will keep the building from further deterioration.  Selectman Carson feels in order to bring proposals for the building forward at Town Meeting the roof should be repaired. Chairman Karrick asked how realistic the pro bono labor is. Mr. McLaughlin can verify that offer.  Selectman Hartman recommends that the OFBC formally request funding from the Nancy Sibley Wilkins Trustees.  Selectman Carson asked if the Odd Fellows organization within the State of NH may have an interest.  Chairman Karrick recommended that Mr. McLaughlin report back to the Selectmen on October 13^th as to whether the Nancy Sibley Wilkins Trustees are willing to help, if the labor is pro bono as well as if there a reduced cost to the equipment rental.  Selectman Carson would also like a current status on building maintenance; if there will be any surplus this year.    

Nonpublic Minutes – The Board had been approached by Wayne Eigabroadt with regard to unsealing nonpublic meeting minutes for meetings which took place after Michele Smith had filed her verbal complaint against certain employees in 2006.  Mr. Eigabroadt has claimed that the transcripts that were made from the meeting tapes by one of the attorneys during preparation for the legal case involving Ms. Smith, were not completely accurate and he would like access to the tapes in order to correct the transcripts.  The transcripts are in the possession of the attorneys and are not open to the public.  The Town Administrator said if the Selectmen are not in agreement to unsealing the nonpublic minutes then she recommends Mr. Eigabroadt should approach the attorney.  She also said the Selectmen need to determine based on the content of the minutes if unsealing the nonpublic minutes results in a public interest greater than the interest of protecting the reputations of the individuals involved with what is written in the minutes.  The Town Administrator said that it is important to remember that the meetings that took place were the result of a verbal complaint of an employee at that time, not of the legal case.  Mr. Eigabroadt recommended that the subsections of the nonpublic minutes be changed to legal.  The Town Administrator said she reviewed some of the information because Mr. Eigabroadt during a Selectmen’s meeting said he, when he was Selectman, informed the Board it was going to be a legal issue, which the Town Administrator found not to be the content in the sealed minutes.  The Town Administrator feels there is no public benefit in unsealing the nonpublic minutes just for the benefit of one individual who wants to set a sealed record straight that is not in the possession of the Town. Selectman Hartman recommends making a final decision on the seal nonpublic minutes at the next Selectmen’s meeting.  

Town of Henniker Transfer Station – The Town of Henniker ’s Town Administrator met with Laura Buono about four Warner property owners that use the Henniker Transfer Station.  This has been in place since 2004 with the agreement that the Town would pay Henniker $512 annually for the use of their Transfer Station by the four property owners; but the payment has not been consistent and it has never been a priority for Henniker.  Recently the topic has arisen again in Henniker; the cost has increased to $297 per property per year.  The Town of Henniker will be sending a letter to the four property owners asking if they still use the Henniker Transfer Station and if so they will need a letter from the Town of Warner saying the Town will continue to pay.  The Town of Warner does have out-of-town residents that use the Transfer Station, the difference being the residents are charged directly.  In 2004 the then sitting Selectmen Peter St. James and Wayne Eigabroadt approved paying the fees for the four residents. If there were any rate increases the property owners would be responsible for the difference and the agreement would become null and void if any of the properties changed ownership or if Henniker Road changed to a complete Class V road.  The Town Administrator noted that the agreement is between Henniker and Warner not Warner and the residents.  Selectman Hartman asked if there are agreements with the residents.  The Town Administrator will check their property files.  

Energy Committee – Selectman Carson reported the grant from the Regional Greenhouse Gas Initiative will go to Governor and Council on October 21 for approval.  The grant total is $11,150 for energy audits of the municipal buildings.  The goal is to complete energy audits on the Town Hall and Old Graded School by the end of December.

Selectman Carson moved to authorize the Chairman of the Board of Selectmen to sign the paperwork required in order to receive a grant from the Regional Greenhouse Gas Initiatives.  Selectman Hartman seconded the motion; all were in favor, the motion passed.  

8. Manifest

Selectman Hartman moved to authorize the Selectmen to sign manifests and order the Treasurer to sign payroll check numbers 2084-2108 (includes 11 direct deposit stubs) in the amount of $31,099.89 and accounts payable check numbers 43558-43598 in the amount of $81,116.50.  Selectman Carson seconded the motion; all were in favor, the motion passed.  

9. Resignation

Chairman Karrick moved to accept the submitted resignation by David M. Ackerman, Jr. dated September 24, 2009 from the Warner Police force.  Selectman Carson seconded the motion; all were in favor, the motion passed.  

10. Selectmen’s Other Business

Selectman Carson asked the Board if they would like to schedule budget work sessions as well as requesting the Budget Committee to reschedule the Selectmen’s presentation of the draft budget on October 15^th.   The Selectmen agreed to a work session on October 6^th beginning at 6:00 p.m.   The Department Heads will be notified of the presentation.  The work session will be restricted to budget only.  

Selectman Carson asked if the Board is in favor of two additional newsletters in October and December.  The Board is in favor.

Selectman Hartman noted that the Household Hazardous Waste Day will be held on October 3 located at the Highway garage.

Selectman Carson asked if the Town has an inventory of all the computer equipment; he is willing to work on an inventory that indicates age, equipment, software and plan for replacing and how they are maintained.  The purpose is to create a replacement schedule.  The Town’s asset management is for $10K and over.   

Ed Mical asked the Selectmen if they wish for him to work with the Town Administrator who will sign the audit form for the projects that are closing or do they wish to sign the forms themselves.  The Selectmen authorized the Town Administrator to sign the audit papers.  

11.  Meeting Minutes

Selectman Hartman moved to approve meeting minutes dated September 15 & 28, 2009.  Chairman Karrick seconded the motion; all were in favor, the motion passed.   

 12. Motion to Adjourn

Chairman Karrick moved to adjourn at 7:56 p.m.   Selectman Hartman seconded the motion; all were in favor, the motion passed.  

Board of Selectmen    

David Karrick, Jr. – Chairman
David E. Hartman
Clyde Carson  

Respectfully submitted,

Mary Whalen

Recording secretary