Warner Board of Selectmen

Meeting Minutes

October 16, 2007

 

Meeting opened at 6:00 p.m.

In Attendance: Selectman David E. Hartman – Chairman

Selectman Richard A. Cook

Selectman Wayne Eigabroadt

Absent:             No Members Absent

Recorder of the minutes is Mary Whalen  

Others Present:

Laura Buono – Town Administrator

Brenda Jorge – asking to waive fees for renting the Town Hall

Richard Brown – Fire Chief – Capital Budget

Paul Violette & Barbara Annis – Exit 9 Traffic Light

Richard Senor  

1. BRENDA JORGE

Ms. Jorge asked the Selectmen if she could use the Town Hall as a non-profit organization. She is passionate about educating the community about what she has learned in regards to 9/11.  Ms. Jorge has already arranged to show a screening at the library on November 1st.  Ms. Buono reminded Ms. Jorge that when she came into the Selectmen’s office she wanted the Board to send a letter to other Towns encouraging them to request another investigation.  The Selectmen explained to Ms. Jorge that she could put an article on the Warrant at Town Meeting by petitioning 25 or more voters asking the State or the Federal Government to take certain steps.  Selectman Eigabroadt clarified that Ms. Jorge is not a non-profit organization; she is a private individual trying to educate the public.  Selectman Eigabroadt also explained that it would be up to Ms. Jorge to get other towns involved, the Selectmen do not actively campaign to other communities. Ms. Jorge asked if the Selectmen will waive the rental fee for using the Town Hall.    The Selectmen agreed to waive the Town Hall rental fees for Ms. Jorge.  Ms. Jorge will contact the Selectmen’s office if the showing at the library proves to be successful.   

2. RICHARD BROWN – FIRE CHIEF – CAPITAL BUDGET

The Selectmen asked Mr. Brown if he had any further information about the Capital Improvement Program that requests funding for land to build a central station in the year 2010.  Mr. Brown said there has been no movement forward.  At a fire station meeting a central station was discussed and due to the cost of the project it was agreed to remain at the existing station, fix it up a little and continue funding the Capital Reserve Fund for a new facility; Mr. Brown estimates a new facility could cost up to $2 million.  Selectman Cook feels such a facility should be bonded, using the Capital Reserve to purchase the property.  Mr. Brown agreed.  Selectman Cook is concerned that there isn’t a plan, properties being considered and a timeline.  Selectman Eigabroadt said if Mr. Brown is concerned about privacy in relation to the properties the conversation could take place in a nonpublic session.  Mr. Brown will gather the information he has on possible sites and discuss them with the Board in a nonpublic session.  Selectman Cook feels that a tentative timeline needs to be established, the goal is to keep the fluctuation of capital expenses to a minimum from year to year.   

Mr. Brown talked about his 2007 budget; the sprinkler installation was spent from Building Maintenance.  Ms. Buono explained that the Bookkeeper will make the appropriate accounting change; the funding will be drawn from the Building Renovation Capital Reserve.  Mr. Brown understands that the repairs to Engine 1 came out of his operating budget and the insurance money received for the damage went to the general fund, Mr. Brown is concerned because his budget now looks over spent.  Mr. Brown will be reviewing the fuel costs, fuel costs are driven by the number of calls.  

Martha Mical asked why FEMA money was used to offset the Highway Department Budget and not the insurance money for the Fire Department.  Ms. Buono explained that the FEMA money offset $100K - $200K, those large numbers would have potentially caused the bottom line of the entire budget to go over which can’t be allowed.  The Selectmen could apply the insurance money to the Fire Department but at this point it is not necessary.  The insurance money does cover the line item.   

Chairman Hartman asked Mr. Brown about the status of the on-call position.  Last year the position was vacated but funding for the position remained in the budget; for the 2008 budget Mr. Brown has removed the funding.  Mr. Brown said the on-call position has been vacated for a full year, he has since seen the morale of the group improve by 100% along with daytime call response unaffected by the change; Mr. Brown recommends the Fire Department should continue to run without the on-call position.  Selectman Eigabroadt is in favor of keeping the on-call position; he explained that since the position has been eliminated he has heard on the radio more re-tones for rescue calls as well as several ….. Mr. Brown said he has heard of that information also and what he needs to see is dates, times, calls and the reason for the re-tones.  Mr. Brown said there are a lot of calls that if Henniker or Hopkinton covers Warner doesn’t go because there is no need to.  Selectman Eigabroadt said it was calls within town bounds that he is hearing re-tones for. There were several calls where the Hopkinton Ambulance had to go on by themselves because there was nobody from Warner to respond.  Selectman Eigabroadt feels strongly that the on-call position should remain for another year and filling the position should also be considered.  Selectman Eigabroadt feels the position provides a much better service to the community.  Mr. Brown said he could keep the money in the budget but does not honestly see the need for the position.  Mr. Brown would like to see the calls that were missed because he can only think of 1 or 2.  Mr. Brown said he has heard the same rumors that Selectman Eigabroadt is talking about; at the Officers meeting he reviewed the calls and found maybe 1 or 2 where Hopkinton had to go to the calls by themselves.  Mr. Brown cannot justify spending $35K a year and another $30K - $40K for Hopkinton just because Warner missed one call especially when another Town was able to make the call, that’s why Warner has Mutual Aid.  Selectman Eigabroadt asked Mr. Brown why the on-call position was created.  Mr. Brown said that it’s a long story and belongs in a nonpublic discussion.   

Mr. Senor commented that the whole issue of full time EMT was voted on at Town Meeting so if you like to get rid of that position maybe the Town should … (rest of comment was not audible). Mr. Brown said that he believes the Town approved the money for the position.  Paul Violette made a comment but was not audible.  

Selectman Cook asked if a nonpublic needs to be arranged.  Selectman Eigabroadt does not feel that it is a long story; he recollects that Mr. Brown wanted to fill the on-call position to better serve the community.  Mr. Brown does not want to get into an argument at this meeting, there was a reason why it was felt the position was needed, this meeting is not the place to display that reason, and the discussion belongs in nonpublic.   Selectman Eigabroadt recommended that Mr. Brown speak to Ms. Buono for her to determine if the reason belongs in nonpublic.  Ms. Buono asked if the reason deals with someone’s reputation.  Mr. Brown said yes.  Reputation is grounds for a nonpublic session.  

3. PAUL VIOLETTE & BARBARA ANNIS – EXIT 9 TRAFFIC LIGHT

Mr. Violette met with the Selectmen during a work session on October 9th.  During Mr. Violette’s appointment the tape recorder malfunctioned.  Chairman Hartman paraphrased the discussion which consisted of piecing together the current status at exit 9, should the stop light come first and can it be installed before the park & ride is relocated all tying into the development of the property owned by RAW.  The Selectmen determined that Planning Board, Board of Selectmen and the State should meet and review the total consequences of what has been talked about for the exit 9 area.  Ms. Annis said that the Planning Board has dealt with the Department of Transportation Division V and feels there has been no progress.  Ms. Annis did recall that during the conversations with Division V she was referred to the Bob Barry Fund.  Ms. Annis learned that Mr. Barry administered the State funds and has since retired.  Ms. Annis did however speak with Mr. Barry before he retired; Mr. Barry requested a copy of the Corridor Study, which was sent and since Mr. Barry retired without any further contact.  Ms. Annis believes she may have the phone number for Mr. Barry’s replacement.  Chairman Hartman asked what the criterion for the fund is.  Ms. Annis does not know.  

The RAW conditions for approval were discussed.  Chairman Hartman said that one option discussed by the State in connection with getting new bus service to Warner was relocating the park & ride at exit 7.  Selectman Eigabroadt heard the State say that if there was a bus service in Warner the park & ride would need to be redesigned to allow a bus to go all the way around without backing up.   

Selectman Cook’s concern is some action is going to take place whether it’s RAW, the hotel, etc. which will force the Town or conditions are going to demand some sort of traffic control, and at that point the Town won’t be ready.  Selectman Cook recommends revisiting what has transpired with the State in order to move forward.  Selectman Eigabroadt said one of the problems is working with a State road; there are limits to what the State can do; the site meets the criteria for a traffic light now.  Ms. Annis said that she has spoken with the State and asked for contacts regarding the engineering etc.  Ms. Annis is not in favor of spending the Town’s money for engineering to find out it would not be accepted by the State.  The State told Ms. Annis that the Town needs to engineer, design and present the plans to the State.  Selectmen Cook asked if the cost is known for the design and recommends contacting Provan & Lorber.  Mr. Violette asked Ms. Annis when was the last time she spoke with Division V?  Ms. Annis said it has been since the spring.  Ms. Buono said there was a discussion with the State, basically it was said that something needs to be done with the Park & Ride, and it’s the entire Town’s expense.  The State said that they have no plans to move it, change it, expand or reduce it.  Mr. Violette said in his mind that all changes if the situation dictates traffic control.  Selectman Eigabroadt recommends drafting a letter to Division V putting them on notice that the Town has tried to work with them to rectify the traffic light issue and where it’s a State road they have been forewarned, any liabilities incurred is going to be on the State because the Town is absolving themselves.  Mr. Violette recommends starting over with Division V.  Selectman Cook said that he will contact an individual that once worked for Transportation under the Governor for advisement.   

Selectman Cook confirmed that the State is comfortable with the Town moving forward with the traffic light.  Ms. Annis said Division V is OK with the traffic light.  Selectman Cook said when hiring an engineer the firm will know what the State’s requirements are.  Ms. Annis said the question is: Does the Town fund for the relocation of Evans driveway, the drive coming out of Market Basket, and does the Town pay for revamping the Park & Ride? Ms. Annis said this is all State.  There was some discussion about roundabouts. It was agreed that the engineer should provide the best option for the intersection. Selectman Cook said there will be further discussion after he makes contact with the individual that worked for the Governor.  

4. MASTER PLAN

Ms. Annis explained that it is time to update the 1999 Master Plan.  Mr. Violette is chairing the committee and has learned that most Towns are hiring Central NH Regional Planning Commission to up-date the plan.  Ms. Annis said that she has been researching for grants to fund the project and asked what the Nancy Sibley Wilkins Fund is for?  Ms. Buono explained the NSWF is a source as well as the Fall Foliage Festival.  Mr. Violette said the cost for CNHRPC is $25K, there may also be sections where the work has already been completed such as the Intervale area that can be incorporated into the plan; incorporation of work will help lower the cost. Ms. Annis added in order to enforce impact fees a Master Plan and a Capital Improvement Program must be in place (State Law).   

7. MANIFEST

Selectman Eigabroadt made a motion to authorize the Selectmen to sign the manifest ordering the Treasurer to sign payroll check numbers 40044 - 40108 dated 10/09/2007 totaling $47,434.86 and accounts payable check numbers 40109 – 40159 dated 10/16/2007 totaling $167,441.61.  Selectman Cook seconded the motion.  All were in favor.  The motion passed.  

8. STATE VETERINARIAN

Selectman Eigabroadt said that he has involved Police Chief William Chandler.  Selectman Eigabroadt reported that Mr. Chandler has contacted the State Veterinarian’s office and is waiting for a call back.  Chairman Hartman said that he received a phone call from an area resident concerned that there are at least 8 dogs out in the elements on Map 10 Lot 45.  Selectman Eigabroadt said he would step up the contact to a daily call to the State Veterinarian.   

9. VEHICLE REGISTRATION REIMBURSEMENT

Selectman Cook made the motion to approve the reimbursement of $72 to John Klucinec for overpayment of a vehicle registration.  Selectman Eigabroadt seconded the motion. Selectman Eigabroadt asked what happens if the registration is underpaid.  The State sends a letter of cancellation if payment is not received by an indicated date.  All were in favor.  The motion passed.  

10. TAX RATE SETTING

Ms. Buono spoke to the Selectmen about setting the tax rate which is being delayed by the School District .  Ms. Buono has learned that the required forms from the school have been submitted to the Bureau of Education; from there they will go to the Department of Revenue; the school numbers are the final numbers needed to set the tax rate, they have been consistently late year after year.  Ms. Buono anticipates another 2 weeks before the tax rate is set.  If necessary to keep the Town from borrowing a Tax Anticipated Note (TAN) the school payment will be held back.  

11. DEPARTMENT OF ENVIRONMENTAL SERVICES

DES had sent a letter to the Town about the Transfer Station and the construction/debris pile at the Highway Department.  Recommendations were made in the letter by DES; Ms. Buono spoke to both departments in regards to the recommendations.  DES contacted Ms. Buono and informed her that Mr. Senor called DES upset about DES not pursuing the construction/debris pile at the Highway Department.  Ms. Buono explained that DES issued a cease & desist order regarding the C/D pile, Ms. Buono spoke with DES and is aware as well at the Department Head about what is needed to be done.  Mr. Senor expressed his feeling to DES by saying they are not doing enough because the C/D site has toxic substance underneath the ground as well as barrels.  DES said they were not concerned and informed Mr. Senor that he could file a complaint with Special Investigations which has been done.  Ms. Buono spoke with the Director of Public Works who has pictures from the past that he sent to DES because he had concerns about the glass storage in the same area; again DES was not concerned with the area.  The Town is now waiting to here from Special Investigations; Ms. Buono is not sure what toxic substance would be under the ground.  The Director of Public Works is confident and willing to dig holes where ever he is instructed to.  Ms. Buono is not clear on the information that Mr. Senor has, where it came from and what backs it up.  Mr. Senor said that he did not fill out …… it’s not his place.  Ms. Senor said that Selectman Eigabroadt brought “it up” and he wanted to see how the Town would resolve it.  Selectman Eigabroadt clarified what Mr. Senor said; it was actually Ms. Buono not Selectman Eigabroadt.  Ms. Buono added that DES said Mr. Senor complained to the Commissioner which automatically triggers Special Investigations.  Mr. Senor said he received a message from DES saying it was felt it would cost a lot of money to clean up and too much of a problem, Mr. Senor has the message on tape.  Ms. Buono said DES did not mention anything like that to her.  Ms. Buono has spoken to DES about stockpiling C/D material until the fall; DES said the pile shouldn’t be in an area where DES would question whether or not it’s going to be buried.  Ms. Buono said the concern toward the accusation that the Town of Warner has toxic substance buried is pretty strong.  Mr. Senor said ………………. it will be all validated by finding out what is buried.  Chairman Hartman said the Town will work with the State on any regulations that need to be dealt with at the Highway Department and the Transfer Station.  Ms. Buono recommends asking DES to revisit the area at the Highway Department once it is cleaned up. Selectman Eigabroadt recommends cleaning the C/D out of the pile.  Ms. Buono said the DES letter targets that area as well as the oil at the Transfer Station.  

12. OTHER BUSINESS

Chairman Hartman has been in contact with the State in regards to the Transfer Station lease and was told that the Town would have a figure by the end of the week.  

Chairman Hartman will attend a Regional Co-op meeting on October 18th where he will report on the Town’s guaranteed annual tonnage.  

October 18th at 12:30 p.m. there will be a meeting with the Department of Transportation for the 10 year highway plan.   

October 20th a site walk at the Transfer Station is scheduled for the TS Facility Committee.  

Budget Committee meets on October 22nd.  The Selectmen agreed not to meet prior to the BC meeting.  Budget will be presented as it stands except for the health insurance amount which is due by the end of the week.  

13. MEETING MINUTES

Selectman Cook made the motion to approve meeting minutes dated August 21, August 21 nonpublic, September 7 & 18, September 25 work session, October 2 and October 9 work session.  Selectman Eigabroadt seconded the motion.  All were in favor.  The motion passed.  

Motion to adjourn at 8:04 p.m  

Board of Selectmen    

David E. Hartman – Chairman
Wayne Eigabroadt
Richard A. Cook