Warner Board of
Selectmen
Meeting
Minutes
October
5, 2004
Meeting
opened at
5:30
p.m.
In
attendance: Selectman Wayne Eigabroadt – Chairman and Selectman Peter St.
James
Recorder
of the minutes is Mary Whalen.
Selectman
St. James made the motion to go into non-public RSA 91-A;3 (c), Chairman
Eigabroadt seconded the motion. Chief
Chandler was asked if he would like to continue in public session.
Chief Chandler chose to stay in non-public session.
Chairman
Eigabroadt made the motion to come out of non-public session and re-open the
public session. Selectman St. James
seconded the motion. All were in
favor.
Selectman
St. James made a motion to accept the
Police Department Performance Evaluations for the Selectmen’s review.
Chairman Eigabroadt seconded the motion.
All were in favor.
The
Selectmen reviewed the Police Departments 2005 budget.
Chief Chandler gave an overview of the budget.
Fuel costs have escalated, the new copier was budgeted to pay off the
balance of the lease, radio’s was increased due to re-programming, and
building custodian has been added to the building maintenance along with lawn
care. Selectman St. James made a motion
to accept into consideration the budget figures presented by the Police Chief at
this time. Chairman Eigabroadt
seconded the motion. The motion
passed.
Mr.
& Mrs. Tefft
met with the Selectmen to discuss the possible purchase of Map 17 Lot 003-4.
The property card showed a change from commercial too residential
(property card was dated 1993). Mr.
Tefft would like to occupy the property maintaining the auto repair business
with minimum changes, one will be a licensed sale of vehicles, and the other
would be an electric sign. The
Selectmen instructed Mr. Tefft to complete the Home Occupation application for
the Planning Board to review.
Lois
Shea met
with the Selectmen as a follow up to a site visit that the Selectmen conducted
at the
Kearsarge
Mountain Road
tower site (Map 14 Lot 36-1). In
reference to the dish that is not covered, a cover was received but did not fit,
currently one is being hand made and will be installed to the dish immediately
upon arrival (no date). Selectman
St. James read a response addressed to Ms. Shea into the record. “With
respect to the siting on the transmitter building TDS maintains that they cannot
paint the building because of the material used, and that was verified by a
letter from an area contractor. Additionally,
it is the Selectmen’s understanding that in a July letter to the Planning
Board, TDS asked for a waiver on changing the color and that they have not heard
back from the Planning Board; so it makes it difficult for the Selectmen to
enforce something that has not yet been determined.
With respect to the dish covers and the date that the final one was to
have been covered, a cover did arrive, but it did not fit so it was sent back.
A second cover is in the process of being made by hand and will be
installed as soon as it is delivered. Upon
inspection of the property the Selectmen were satisfied that the required screen
has been planted, because there is no specific regulations with respect to type
or size or tree or shrub that is to be planted, in our eyes they have met the
requirement. Without specific
information about your concerns regarding possible emissions from the site, we
have no reason to believe that the cell carriers are exceeding the requirements
that have been established by the FCC. In
fact most of the information that has been seen has shown that the cell carriers
operate well below those stated levels. We
understand your concerns and feel that to you they are justifiable.
But upon inspection we feel that TDS has acted in good faith in trying to
be a good neighbor. In so doing they
have expended upwards of $10,000.00 to address the concerns raised by you the
request from the Planning Board. I
know that this situation has not been resolved to your satisfaction, and I’m
sorry to say will probably continue to be a source of irritation for you.
But we just don’t feel that any action by the Board of Selectmen is
warranted at this time.” Chairman
Eigabroadt explained that the Selectmen understand that the color of the
building and the covering of the dishes was completed as a good faith gesture on
TDS’s part and was not mandated for them by the Planning Board.
Ms. Shea commented that it was mandated in the November 2003 Planning
Board meeting minutes. Last October
a
June
30, 2004
deadline was set for the completion of the site.
Ms. Shea asked about the additional noise at the site.
The Planning Board stipulated that the site would not omit any additional
noise. Chairman Eigabroadt explained
that a base line was not originally established for the noise level and that
there is nothing to compare the current level to.
The Selectmen did visit the site, from Ms. Sheas’ house; Selectman St.
James walked half way to the site through the woods before he could hear the
cooling system running. Ms. Shea
commented that since 1984 (MCT/TDS) did not act in good faith; it was promised
to people that the tower would not be seen and it was built in clear view.
Ms. Shea commented that TDS should be compelled to pay for an emissions
test to show the Town that this tower that is in a residential area is safe.
Selectman St. James explained that TDS is working from FCC regulations.
Chairman Eigabroadt will consult Town Counsel about the Town of
Warner
compelling TDS for an emissions test. On
a final note, the color of the building still needs to be changed; the Planning
Board continues to address that issue. Barbara
Annis, Planning Board Chair commented that the building would be discussed at
the next scheduled Planning Board meeting. Wendy
Pinkham recommended to Ms. Shea that she herself may contact FCC and would be
willing to supply a contact number. Ms.
Shea also asked if any further terms were found regarding the original variance
that was granted. There was no
further information found (no stipulations were stated with the original
variance). Ms. Shea would also like
to see a cap placed on any further work on the site and asked what the process
was to do so. Chairman Eigabroadt
explained that it is contingent upon an application and whether all five points
are met before approval is granted by the Planning Board.
Ms. Shea commented that she would like TDS to comply with the conditions
that the Planning Board set when the last application was accepted, all
parameters be made known, and independent data revealing that it is safe to have
cell towers close to residents. Chairman
Eigabroadt explained that under the current Zoning Ordinances the cell tower
being added is in compliance, the general use of the facility has not changed.
Selectman
St. James made a motion to approve
meeting minutes dated September 21 & 28 & 21 non-public.
Chairman Eigabroadt seconded the motion.
The motion passed.
Selectman
St. James made a motion to approve a Town
Hall rental contingent upon signing the Hold Harmless Agreement, the scheduled
date is
October
16, 2004
.
Chairman Eigabroadt seconded the motion. The
motion passed.
A site visit is scheduled on
October 6, 2004
to view town property located behind Mr. Glen Davis’ property.
Mr. Davis has previously approached the Selectmen about purchasing the
property.
Chairman
Eigabroadt read into the record “to the Selectmen for the Town of Warner,
Merrimack County tax for 2004, due no later than December 17, 2004, payable to
the County of Merrimack Treasurer, $480,415.00”, 2004 payment was
approximately $438,000.00.
The
Selectmen reviewed a submitted sign permit application by Henry Garcia.
The sign will be no larger that 2’ x 2’ and will read Starry Night
Farm, Alpaca’s, Country Store and Guest House.
The Selectmen would like an opportunity to review the original site-plan
before signing the permit. Selectman
St. James made a motion to put the
request for a sign permit (Henry Garcia) on hold until the site plan is
reviewed. Chairman Eigabroadt
seconded the motion. The motion
passed.
Mr.
Fouliard submitted a vacation request. Wendy
Pinkham stated for the record “that because the last week of the year falls
into the next year’s budget Mr. Fouliard’s request for time off would go
into next years time if he requested to carry his time forward.
A previous Board set a policy that all time accumulated in regards to
annual leave must be used no later January 31 of the following year.
Where the issue of using a “bucket” (including sick, holiday,
personnel, and vacation time) has not been resolved, it poses a problem for me
to continue to carry time over into the following year and then re-allocate time
for 2004 in 2005”. Mrs.
Pinkham’s issue is that time has always been requested, not told, and all time
that falls into next year is not this year’s accumulation.
Selectman St. James made the motion
not to act on Mr. Fouliard’s vacation request until further information is
obtained regarding the current vacation accrual,
how far the current request goes into next year and to research the
previous Board’s vacation policy. Chairman
Eigabroadt seconded the motion. The
motion passed.
Chairman
Eigabroadt stated for the record that the Selectmen are still in consideration
regarding a zoning enforcement request submitted by Mr. Paul Proulx.
David
Hartman met
with the Selectmen to set the Guaranteed Annual Tonnage for 2005.
The tonnage request for the Town of
Warner
is 2150 tons (set at 1900 in 2004). Mr.
Hartman explained that recycling tonnage would also need to be submitted on a
quarterly basis. Mr. Hartman will
obtain the recycling information from the Finance Director; the figures will be
compared to the Transfer Station figures in order to maintain checks and
balances. Mr. Hartman commented that
it would be beneficial if Mr. Fouliard would attend the Regional Co-op meetings.
The next meeting is scheduled for
October
21, 2004
,
7:00
p.m.
,
located at the Bow Municipal building. Wendy
Pinkham explained that the bill of lading indicates only approximate tonnage
that is shipped from the Transfer Station, there are no scales so there may be a
discrepancy between the Finance Directors recycle information and the Transfer
Station.
Mr.
Kyle Whitehead met
with the Selectmen to follow up on obtaining permission to access an adjacent
property through his residential property. The
Selectmen along with the Director of Public Works from Warner and the Assistant
Road Agent from
Bradford
had all concurred that the Class VI road that runs along the adjacent property
should not be disturbed. Selectman St. James made a motion
to approve Kyle Whiteheads request to access his proposed new shop on Map 8 Lot
10 from Map 7 Lot 2, with the stipulation that should the status of the shop
change from anything other than shop then Mr. Whitehead will return to the town
offices for necessary waivers or variances, and if the Class VI road needs to be
upgraded to Class V it will be dealt with at that time. Chairman
Eigabroadt seconded the motion. The
motion passed.
Odd
Fellows Committee
Tony Mento and Jim Mclaughlin met with the Selectmen and discussed the hiring of
a contractor to clean out the building. Mr.
Allan Grandy has been awarded the contract through a bidding process.
A Certificate of Insurance needs to be clarified before any work begins.
The cost of the insurance was found to be more than the quote has
budgeted for. Mr. Grandy asked if
the Town would be willing to pay the difference (approximately $600.00).
The Selectmen explained that it is not a normal practice for the Town to
absorb the cost of contractors insurance. The Finance Director recommended
obtaining at least two more quotes for insurance.
Once the insurance issue is resolved a contract will be drafted between
the Town of
Warner
and Mr. Grandy. Chairman Eigabroadt
recommended installing a construction fence along the area by the school.
An updated property card will be forwarded to Mr. Mento.
Parks
& Recreation representative
Charlie Albano presented a 2005 budget to the Selectmen.
Improvements increased to $1,000.00, the increase would allow
installation of gates for security at
Silver
Lake
beach. Maintenance for 2005 will
remain the same as in 2004. In the
future as the park continues improving the maintenance line will need to be
increased. Additional conversation
is needed regarding the cleaning of the facilities; the cost has been increased
in the 2005 budget. Office supplies
were increased due to added postage. Beach
line was increased to $1,000.00 anticipating a higher cost for maintenance.
Skate board park line is budgeted for another $5,000.00 in order to
continue improvements. Total budget
for 2005 amounts to $22,000.00. The
Finance Director asked if there is safety equipment in place at the Town beach,
Mr. Albano will check on the safety equipment and if need be replacement will
take place in this year’s budget as long as there is money available.
Chairman Eigabroadt recommended to Parks & Recreation to consider
changing the sign at the beach to reflect a definite open and close time instead
of open from dawn to dusk. The time
change will assist the police in enforcement.
The
Selectmen will begin Performance Evaluation review on
October
13, 2004
at
10:00
a.m.
beginning with Town Hall.
Barbara
Annis presented a newspaper article to the Selectmen regarding House Bill 1281
which the House recently passed. The
Bill will enable co-operative school districts such as
Kearsarge
Regional
School
District
to use grant money to reduce taxes for each of their member towns.
In order for the KSRSD to take advantage of the new law, voters in each
of its seven member towns will have to approve it by a 50% margin or greater
effectively giving each of them veto power.
The Selectmen will obtain more information regarding the House Bill 1281.
Barbara Annis commented that the Selectmen should not want this bill to
pass; this is the same as the original bill in regards to the State property tax
(a total divided between seven towns, the donor towns would be getting money
back),instead of based on per student.
The
Selectmen signed the Warrant for the next election on
November
2, 2004
.
The Town Clerk will be attending the Town Clerk Convention on October 6,
7 & 8, 2004; the Deputy Town Clerk will maintain regular office hours during
those days.
Jim
McLaughlin informed the Selectmen that to update the digital tax maps the cost
would be about $2,100.00 and then on an annual basis it would be $500.00 -
$600.00 (by Bristol & Sweet).
Chris
Perkins has volunteered her time to assist the Finance Director in the
development of a “leave pool”. The
leave pool would consist of an employees entitled leave time in one pool, the
employee would have the opportunity to use the time as they see fit.
Mrs. Perkins recommended developing the leave pool for the next fiscal
year. The Selectmen graciously
accepted Mrs. Perkins offered.
Motion
to adjourn at
9:00
p.m.
Board
of Selectmen
Wayne Eigabroadt –
Chairman
Peter St.
James
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