Warner Board of Selectmen

Meeting Minutes

October 30, 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

Odd Fellows Building Committee

            Rebecca Courser

            Jim McLaughlin

            Chris Closs

            Pam McDonald

Rosemary Heard – CATCH Neighborhood Housing, Concord NH

Mike Reed – CATCH Neighborhood Housing, Concord NH

Mike & Julie Russo – Dust from Warner Aggregate

David Herrick – Warner Aggregate

Tobi Nickerson – Property owner of drive that leads to Warner Aggregate

Mike Ritter – Manager, Warner Aggregate

Ed Mical

Judith Rogers

 

1. ODD FELLOWS BUILDING COMMITTEE

Mr. Closs began by saying that he presented a report to the OFBC explaining up to date efforts on the development plan for the Odd Fellows Building .  The report cited a number of market and other current construction factors that at this point have caused Mr. Closs to pause and wonder where to go with this project.  In the last year or so construction costs have risen dramatically, at the same time the market for class A commercial office space in the Town of Warner has not moved, and then there is the parking and drainage situation which was learned to be at maximum capacity.  All these factors resulted in taking a second look at residential use for the property. Residential use would reduce the intended parking from 48 spaces to about 15 spaces.    Another point Mr. Closs touched upon is the project is beginning to feel more like a publicly managed project.  Meaning a project where a public entity would have access to State and Federal funds and subsidies; as a private developer Mr. Closs does not have access.  Mr. Closs spoke of a couple of scenarios; one would be a public/private partnership or a public program where the town actually conducts the entire project.  Because of the increasing cost per square foot it was recommended to Mr. Closs that he contact CATCH Neighborhood Housing in Concord , NH .  Mr. Closs spoke with Rosemary Hurd, President of CATCH who was intrigued and came out and visited the building.  Mr. Closs explained the purpose of bringing CATCH before the select board this evening which is to see if the Town would be interested in having CATCH take a look at the project as a potential partner in developing a solution along the lines of residential.  

Mr. Closs formerly introduced Rosemary Heard, President of CATCH Neighborhood Housing, as well as Mike Reed, CATCH Development Director.  Ms. Heard explained that she has been in the Real Estate business for over 20 years and is familiar with residential as well as historic developments.  CATCH is an organization that was founded in the early 1980’s in response to a housing crisis.  Since CATCH was founded nothing has changed, there is still a housing crisis.  For the average person (moderate income of $56K) can’t afford to buy a house.  CATCH creates affordable quality housing opportunities; a lot of what CATCH does contributes to downtown revitalization.  Currently CATCH owns 187 housing units in the Concord area.  In the last year CATCH has added 54 units as part of a two-phase development targeted for families.  The second phase will be 41 units of age restricted.  CATCH would like to grow further in Merrimack County and is currently working with the City of Franklin on a small 6-lot subdivision targeted for the moderate income.  Ms. Heard recently participated in the Business and Industry Association Strategic Planning Commission which met trying to figure out what is the largest barrier in attracting industry to towns.  All agreed one barrier is the lack of quality work force housing.  The way CATCH differs from other organizations is that they have the ability to attract different pockets of funding, for example CATCH is a Neighbor Works Organization which is a national organization for community developers like CATCH.  Neighbor Works was originally set up to divide congressional funding; CATCH has at least 7-8 sources of funding.  Ms. Heard feels very strongly for any development or project to succeed it has to be a partnership and only wants CATCH to be where it is needed and wanted and part of the partnership of the local community.  Ms. Heard believes the Odd Fellows Building has potential for either family housing or age restricted housing.   

Selectman Eigabroadt spoke in favor of the facility CATCH developed in Manchester , NH and recommends more public relations to get the word out to the public.  Ms. Heard is looking to the Select board for an endorsement for CATCH looking at developing the Odd Fellows Building .  Chairman Hartman feels that time is of the essence for the building and it needs to be dealt with quickly, CATCH sounds like a reasonable use for the building.  Selectman Cook asked Ms. Heard what the next step would be.  Ms. Heard feels the next step would be to look at both uses, family and age restricted, create schematics, reviewing the numbers and matching up potential sources of funding.  Mr. Closs added another choice is to look at mixed use of the building.  Ms. Heard added that CATCH recently changed their by-laws to include mixed uses.  Selectman Cook added that at the last OFBC meeting he told the members that the Select board had discussed adding an addition onto the Town Hall and there was discussion about repairs to the Odd Fellows Building roof to slow down the deterioration.  At the meeting Mr. Closs and the Committee said they would obtain a cost for the roof and come before the Selectmen.  If the town is serious about redeveloping the building the roof needs to be addressed immediately.  Selectman Eigabroadt spoke about a suggestion by a business owner; he suggested moving the VFW to the town lot located on Kearsarge Mountain Road across from the school and expanding the parking area located on the corner of Main Street and Kearsarge Street Extension.   Selectman Cook encouraged a work session for further discussion with CATCH. Ms. Heard encouraged the Select board to review the CATCH website at www.catchhousing.org as well as visiting some of the developments.  Mr. Closs would like to do some preliminary work in order to prepare for a next meeting being less vague and more specific about some possibilities within this category of residential use.  Ms. McDonald asked what the intended use is for the addition to the Town Hall.  The thinking right now is the same size as the addition for the Selectmen’s office for record storage which is becoming limited, also the handicap accessibility to the main hall is challenging.  

2. MIKE RUSSO – DUST FROM WARNER AGGREGATE

Mr. Russo began by saying he is before the Select board again about the sand-pit, a plan was suppose to be in effect and it never happened.  Mr. Russo said that Mr. Herrick was using a dust stop product the he had asked Mr. Herrick to use; Mr. Herrick has stopped using the product.  Mr. Russo was informed by Mr. Herrick he stopped using the product because he couldn’t get it from the company.  Mr. Russo said he has a letter from the company president saying that is not true.  Mr. Russo submitted pictures to the Selectmen.   

Mr. Russo said there is a new problem that Mr. Herrick created; Mr. Russo is under the impression the drive to the gravel pit must be closed tomorrow morning because of the severe danger Mr. Herrick has put everyone in, by loading loose stone all over the drive.  Mr. Russo said instead of dodging dirt his daughter has to now dodge from flying rocks.  Mr. Russo showed pictures of the stones in the road, he says the vehicles kick the stones up which could hit his vehicles and family.  Chairman Hartman asked Mr. Russo how his daughter is getting hit by the stones.  Mr. Russo said the vehicles pick up stones and they are projectiles going through the air, the stones are not packed.   

Mr. Russo presented pictures of the vehicles on his property from 2 weeks ago with dust on them; the dust is also on the front of his home.  Selectman Cook asked Mr. Russo when the dust became a problem again.  Mr. Russo said a few months ago, Warner Aggregate kept saying they were going to this and that; they stopped the dust stop and started applying calcium chloride.  Selectman Cook asked Mr. Russo to clarify “a few months ago”, Mr. Russo said June, July.  Mr. Russo said he has been trying to work things out with Mr. Herrick and it’s impossible.  Mr. Russo said that he can’t live at his own house and go outside to grill a steak, it’s always filthy.  Mr. Russo feels very strongly that the stones will break his windshields and put his daughter’s life at risk.  Mr. Russo stated for the record that he feels the road needs to be closed immediately; tomorrow he is calling the DMV and the State Police if the road is not closed.  Mr. Russo feels that he should not be forced to live like this, he runs a legal business, and Mr. Russo said Warner Aggregate is not grandfathered.  Mr. Russo introduced a woman who lived in his house before him, he said he is sure she is willing to tell the Selectmen that in 1979 there was no sand-pit and Mr. Russo said he has other people who are willing to come forward.  Rose Daniels stated her name and said for 20 years she owned the house that Mr. Russo now lives in and was never aware of a sand-pit, there were never trucks going in and out, no dust, nothing like what Mr. Russo has described.   

Chairman Hartman said the primary issue the Board focused on was the health issue; it was discussed to come up with a solution to keep the dust down.  Chairman Hartman as an observer has been to the site and followed one of the trucks on the road discussed and saw no dust; there may well be dust generated but Chairman Hartman does not know for sure that the dust is actually coming from the drive to the pit.  

Selectman Eigabroadt feels the stones on the drive would cure the dust problem; however, there is a question about breakage.  Chairman Hartman said that if the dust was not going to be kept under control by an applied dust retardant it was suggested to use stone.  Mr. Russo said that he has argued that point; he did not want stone because of the danger. The Select board does not recall Mr. Russo saying anything about the stones being a danger.   

Selectman Eigabroadt recommended moving forward.  Mr. Herrick has taken a positive step to eradicate the dust problem.  Maybe the last section of the road needs to be done with a type of pack.  

Mr. Russo said that he has sales records on how his business has suffered, property value has gone down, and it is a health issue, if you look at the letter from the president of the dust stop company it states in the letter that it’s a health issue.  Mr. Russo does not feel it’s going to control the dust, it’s not going to control the dust from coming behind his house, and dust follows the trucks all the way up the road.  Mr. Russo feels the only solution is to pave the entire drive or move the road.  Mr. Russo stressed again the dangers of the stone.  Mr. Russo also said the only reason Warner Aggregate is running is because of the grandfather clause, he just brought a witness forth and can bring more forward.  

Chairman Hartman asked Mr. Russo for the record when he started his business (selling used vehicles).  Mr. Russo said 1997.  There was some loose conversation about the stone on the driveway.  Mr. Russo said to the Board that “this” is not a driveway, if it was a driveway with vehicles and cars coming in and out he would have no problem.  Selectman Eigabroadt said if it wasn’t a driveway the State would shut them down.  Mr. Russo said it’s not a personal driveway, this is commercial. Selectman Cook reminded Mr. Russo that it is a commercial zone; there is no ordinance that says one cannot have a stone driveway.  Mr. Russo said it does say you can’t create a health issue and a nuisance and there is rocks ending up on his property already, there is one by his mailbox and in the road.  Mr. Russo said he can’t open his business in the fall, he is afraid that he may be liable if someone gets hit by a stone while looking at a car.  Mr. Russo said that he parks the vehicles close to the house trying to keep the dirt off; it goes into his house and gets tracked into his home.  Mrs. Russo commented on the amount of rocks that have since accumulated after the pictures Mr. Russo took.  

Mr. Nickerson, owner of the property between Mr. Russo and Warner Aggregate said there is another possible solution and has spoken with three interested parties about purchasing the property west of the Davisville Cemetery which could be used as an alternative access. Mr. Nickerson and Mr. Russo are in favor of the purchase; what’s left is an agreement.  As far as the drive itself, paving it would be too costly.  Mr. Nickerson spoke about the alternative property and how the town would be involved in regards to the Planning Board; there are wetlands and a brook that would need to be crossed.  

Selectman Eigabroadt said when the dust issue was first discussed the Selectmen said they needed to see a plan in writing with indicated dates, which was done and is on file.  Certain things were to be done by certain dates and if it is proven to be futile to the issue then it would move on to plan b, up to this morning Selectman Eigabroadt is not sure if the dust stop was applied once or never purchased.   Selectman Eigabroadt said as a Board, he as the Health Officer and the Board of Selectmen as the local Health Board, if the conditions are not being met in the original signed document the Board is obligated to act.  Mr. Russo feels strongly that something needs to be done immediately.  As far as what is done to the road and who pays for it, Selectman Eigabroadt said to Mr. Nickerson that he is sure that his attorney told him that ultimately he is the responsible party, being the landowner.  Selectman Eigabroadt said as Health Officer he sees this as a stalemate.  

Mr. Herrick said the first part of the summer Mr. & Mrs. Russo had given him the website for the dust stop which is out of Canada and continually tried to obtain the material.  The company would answer back saying the material was going to be available, but it wasn’t going to done by a certain time, they were testing it.  Mr. Herrick was told by the company if the material was added to water it would gel and plug the truck up, they are working on phase II.  Mr. Herrick, knowing Mr. Russo was getting anxious asked Mr. Russo if calcium chloride could be applied and as Mr. Herrick remembers the answer was “no” because Mrs. Russo was concerned about the airborne particles of the calcium.  Therefore Mr. Herrick applied water onto the drive on several occasions telling Mr. Russo to call him and he would be gladly apply more water within 24 hours also offering (Mr. Herrick brought a sample, name was not stated) another material which at the time was not available, he could apply calcium chloride until then.  This material came around August and a coating was applied.  Selectman Cook asked what material.  Mr. Herrick said the material he is speaking about is not from Canada (dust stop) it is from New York and is biodegradable.  The material as Mr. Herrick understands it is, when the molecules are applied to the dirt, when it rains the rain re-liquefies it.  There was a few dry stretches this summer, and water was reapplied to the surface.  Mr. Herrick recently received a second batch of the material and told Mr.  Russo about 3 weeks ago, however it is not recommended to apply the material when it has rained and Mr. Herrick said that it has rained a lot within the last couple of weeks.  Mr. Herrick said the sand-pit itself is not making the dust, it’s the right of way road that’s making the dust, when there is rain the silt from the Warner Aggregate trucks and the vehicles from the flea market leaves a trail onto Route 103.  Mr. Herrick said when the material is on the driveway and it rains it stays moist for quite a few days.  Mr. Herrick said the stone was the Board’s suggestion; it was put down today to try help with the silt in the road.  Mr. Herrick said he is aware of the Russo’s sensitivity to the dust and does not want the family to have problems and has not ignored the situation.  A man has also been available to sweep the silt at Mr. Russo’s request.  Mr. Herrick explained the stone was applied today, Mr. Nickerson requested the ¾” stone so it wouldn’t hurt the horse’s hooves.  Mr. Herrick realizes the stone is loose and plans on addressing it tomorrow, he is going to add some pack.  Mr. Herrick is trying to prevent the silt from tracking out onto the road.   

Selectman Eigabroadt said the other issue is the trucks coming down the drive, they create a vacuum of dust, and can the vacuum be controlled somehow.  Mr. Herrick asked if he would be allowed to apply liquefied calcium chloride.  Mr. Russo said it would rust his cars and it’s a proven fact it would deteriorate the foundation to his house causing his house to loose value.   

Selectman Eigabroadt said as a Health Officer he has done some further research on calcium chloride and all the information states that the material is an irritant for respiratory issues and advises Mr. Herrick not to add to the health issue. Selectman Eigabroadt, as Health Officer will be asking Mr. Herrick officially in writing to mitigate the dust.  Mr. Herrick asked if the Director of Public Works will be told to stop using calcium chloride.  Selectman Eigabroadt said no, the calcium chloride is used on sections of roads by request.  This is a respiratory problem affected by the calcium chloride, different issue.  

Selectman Cook said the Board has a letter saying the dust stop is used by all kinds of company’s for the same problem at hand.  The Board is hearing one thing from the president of the company for dust stop and a totally different story from Mr. Herrick.  The letter states that the product is established in 94 countries world wide, though they have not made a concentrated effort to market the product in the US .  David Herrick suggested giving the dust stop company another call, and if they refuse to issue the product again he will give Mr. Russo the contact number and if he can get the material shipped, Mr. Herrick will gladly pay for it.  Mrs. Russo asked if there is another way to apply the material so that it would not gel.  Mr. Herrick said the first phase of the material is what gels; they are working on a second phase. 

Mr. Ritter, Manager of Warner Aggregate contacted in the spring of 2007 the company in Canada that makes the dust stop.  They were in the process of coming up with a second generation product that would be completely safe for farms, food etc. which was to replace the original product.  They had stopped production of the dust stop material that was on the website.  When Mr. Ritter spoke with the salesman for dust stop he was told that their first set of tests had failed, the product did not last and was still in development.  Mr. Ritter called again to find out when the product would be ready; he was told the product was not ready; there were problems with the equipment.  Mr. Ritter said the company handles orders that are in the 100’s of tons range, he is only looking for 500 lbs.  The dust stop pursuit was abandoned in hopes of finding another product that is biodegradable.  Selectman Eigabroadt said based on what was said about this company supplying 94 countries they wouldn’t stop production on their first product while they continued R&D on their second product.  Mr. Ritter said he will give Selectman Eigabroadt the name and phone number and he can call; Mr. Ritter said he was told at least a half dozen times that the product is not ready.   

Selectman Eigabroadt said as long as this situation was moving forward he was willing to continue in helping facilitate a resolution.  But Mr. Russo has decided not to pursue that route and as the Health Officer, Selectman Eigabroadt will have to do something.  

Mrs. Russo asked a question that was not audible.  Selectman Cook answered that he doesn’t think so, the issue of the grandfather is not the Board of Selectmen’s issue, and it would have to be resolved at the Planning Board level.  Chairman Hartman asked Selectman Eigabroadt as a Health Officer will he be proceeding with some specific step.  Selectman Eigabroadt said within a couple of days he will come down and speak with Mr. Nickerson.  Selectman Cook said that Mr. Nickerson spoke about the possibility of purchasing property.  Mr. Herrick said he has been pursuing the possibility during the summer; there has been a communication problem with the owner.  Mr. Herrick said he will continue to be proactive in regards to the dust, but where does it stop.   

Chairman Hartman feels since the agreement last winter, the agreement has run its course by applying various methods of dust control as well as applying the stones.  Therefore, Chairman Hartman presumes the Health Officer will need to exert some other kind of influence to rectify the health situation with Mr. Russo’s daughter.  In order to prevent Mr. Russo’s daughter from getting hit with a stone, Chairman Hartman recommends that Mr. Herrick or Mr. Nickerson needs to sweep the stones back into the driveway immediately.  Chairman Hartman said that Mr. Russo is posing a situation which to him should be in the court system.   

Selectman Eigabroadt asked Mr. Herrick how much the product he has in his possession costs.  Mr. Herrick said $200.00 for 4 gallons; it’s supposed to last for 3 months; it dries out and you have to reapply water; 3 gallons treat 300-500 square feet.  Selectman Eigabroadt asked how much the stone cost.  Mr. Herrick said he did not supply the stone from his material; he purchased the ¾ stone and would also like to add some pack to it.  Selectman Eigabroadt is wondering why Mr. Herrick would bear the expense of all the stone as sufficient to stop the dust.  Mr. Herrick said he is trying to prevent the silt from traveling out into the road.  Mr. Herrick said he has tried very hard to keep the dust down.  Selectman Eigabroadt noted that Mr. Herrick did install speed bumps as well as a 10 mph sign.  Selectman Eigabroadt still feels the dust is an issue.  Mr. Herrick asked Selectman Eigabroadt if he has time to spend with Mr. Herrick on the road to watch it periodically.  Selectman Eigabroadt said he has been and is willing to step it up.  Mr. Herrick is also grinding paving material that he purchased for the road that can be used if the dust stop and the stone doesn’t work.   

Mr. Russo said that Mr. Herrick has already applied calcium chloride; there is a health and nuisance question and feels the only solution is to pave the road or move the road, those are the two solutions he finds acceptable.  

Chairman Hartman stated for the record, he does not want the Selectmen to be put in the position of having said to Mr. Russo that the Selectmen gave Mr. Russo incorrect direction.  The Selectmen gave a direction last spring and it was agreed how the solution would be, the solution would be as discussed and the solution would include at the end if other things weren’t working putting stone down.  Chairman Hartman does not want to see the Selectmen being accused of not trying to take care of a problem, and does not want Mr. Russo just saying that he is fed up with it at this point.  Now the question is where the Board of Selectmen needs to take it to the next step.  As far as Mr. Russo is concerned it’s not the Selectmen that need to take the next step.  Mr. Russo feels he has exhausted all efforts and cannot wait any longer, and feels this has gone on way to long.  Selectman Cook asked Mr. Russo if he realizes that at least he did not know there was a continuing problem until Mr. Russo showed up at the last Selectmen’s meeting.  Mr. Russo said he is not coming down on the Selectmen; he has tried everything; this is at a brick wall; Mr. Russo is asking for the Selectmen’s help.   

Selectman Cook spoke about Mr. Herrick applying pack onto the stone tomorrow, should the Selectmen encourage him or is it going to be more problematic.  Mr. Russo feels it would be problematic.  Selectman Eigabroadt’s opinion is in the very short term the pack will exasperate the problem, but once the stone is compacted and wet down he thinks it will help the dust issue but not the rock problem.  Mr. Russo says there are people that leave the drive spinning rubber all the time as well as the trucks not stopping.  Mr. Russo said when he tried to have an auction he was told he needed to have a police officer at the same corner to make sure no one was spinning out.  Mr. Nickerson feels adding the pack to the stone could be a mistake.  

Chairman Hartman turned the conversation to the Board; he is not clear on the direction.   Selectman Cook said that’s why he asked his previous question because he does not want to encourage Mr. Herrick to spend money that’s going to exasperate the problem.  

Mr. Nickerson thinks there is a lot to what Mr. Russo says; the road needs to be asphalt or moved.  Mr. Nickerson said that he has spent over $3K on legal counsel and has learned through a similar situation but on a larger scale it was the person who owned the property that was told to fix the road and when the same case went to Supreme Court, the ruling was it is the person who is actually using the property.  Mr. Nickerson feels he is getting into a spot where he may have to defend himself or move out.  Mr. Nickerson owns the property; Mr. Herrick owns a 50’ right of way. Selectman Eigabroadt said again, a solution for this situation is needed, but at some point somebody has to do something to make this happen.  The Town’s issue is the dust, it’s a nuisance and that is what needs to be mitigated; how it’s done is up to Mr. Nickerson and Mr. Herrick.   

Mr. Herrick suggests if Mr. Russo does not like the stone in the road he will remove it in the morning, lay the gravel back in, compact it and apply the dust stop.  Mr. Herrick was not trying to be malicious; he was trying to prevent the silt from going out into the road.  Mr. Herrick says the dust stop works well when it isn’t cooked by the sun and up to the point when it rains and it tracks out into the road.  Selectman Eigabroadt respectfully disagrees with the characterization of the stones.  Chairman Hartman asked Mr. Russo if he would like the stones removed.  Mrs. Russo said as the stones are now they are loose and asked if there is a way to pack them down.  Selectman Eigabroadt asked the Russo’s to give him until next Monday to try to come up with something before anybody does anything.  Mrs. Russo said there are two issues; the dust from the driveway and the dust from the silt on Route 103.  All agreed to wait until Monday, November 5, 2007 .  Chairman Hartman said Selectman Eigabroadt will bring forward his findings at the November 13, 2007 Selectmen’s meeting to find out what has been resolved. 

Mr. Russo said that he wants to make sure that it is on record that Mr. Herrick has offered to take the stone out, Mr. Russo would like that to happen.  Again, Selectman Eigabroadt asked to give him until Monday and if Mr. Herrick could keep the stone off the pavement until Monday.  Someone said they will make sure it is swept everyday.   

3. ED MICAL – EMERGENCY MANAGEMENT

Mr. Mical has spoken to the Selectmen in the past about Pine Rock Manor taking their residents to a place in the event of an emergency, an off-site evacuation.  The Town Hall has been recommended; Pine Rock would like to formalize and agreement with the Town of Warner .  Currently, Pine Rock has an agreement with a facility in Newmarket .  Chairman Hartman asked if this agreement would be limited to an emergency at Pine Rock, the Town Hall in a general emergency is a point of congregation for everyone as a shelter.  Mr. Mical explained the agreement is asking for enough time if in the event Pine Rock was evacuated to bring the residents to the Town Hall until such time arrangements are made to move the residents to another facility; it may be 5-6 hours it may be 10 hours.  Selectman Eigabroadt asked if it would make more sense to use the school.  Ms. Buono said the school may be in session; the Town Hall is a shelter for emergencies and if the emergency is Town wide, Pine Rock is looking at other alternatives, and being a shelter the Town would not turn away the residents from Pine Rock.  Selectman Eigabroadt asked then why the agreement.  Mr. Mical said the agreement is for a Pine Rock emergency; the document is for Pine Rock’s plan when the State comes in for an annual inspection. The Selectmen discussed their concern if there were a town-wide emergency. Mr. Mical said the Red Cross would look at a regional approach.  Selectman Cook made the motion to accept the Emergency Preparedness Plan Facility Evacuation Relocation Plan for Pine Rock Manor as written dated 10/25/2007.  Selectman Eigabroadt seconded the motion.  All were in favor.  The motion passed.  

Mr. Mical explained the two Hazard Mitigation letters of intent, one for a stone culvert on Joppa Road and the other is for a stone culvert on Horne Street (2007 flood) are due October 31, 2007 and will be submitted.  The Selectmen granted Ms. Buono the power of signature.  The status on the three existing Hazard Mitigation Grants is as follows: the one Horne Street the Selectmen have signed, Mason Hill has been forwarded to the Governors Council for approval and the one for Joppa Road approval should be seen soon and then it will move forward to the Governors Council.   

Mr. Mical is applying for a 50/50 match grant that will be used to update the Hazard Mitigation Plan; the grant must be used by September 2008.  The Town is required to update the Hazard Mitigation Plan every 5 years which is next year.  Selectman Eigabroadt asked about the money in the budget for the HMP, the budgeted money will be used to offset the cost.  

Selectman Cook asked what the mitigation grant for Mason Hill is, is it to work on the lower section by Couchtown Road going across the wetland.  Mr. Mical said yes, and for replacing the culverts, raising the road bed, changing the width of the road.  

4. MANIFEST

Selectman Cook made a motion to authorize the Selectmen to sign the manifest ordering the Treasurer to sign check numbers 40160 – 40161 totaling $5,311.77, payroll checks numbers 40162 – 40207 dated 10/23/2007 totaling $40,868.45 and accounts payable check numbers 40208 – 40252 dated 10/30/2007 totaling $49,502.79.  Selectman Eigabroadt seconded the motion.  All were in favor.  The motion passed.  

5. TOWN ADMINISTRATOR’S REPORT

Old Davisville Road – Willie Richard informed Ms. Buono yesterday that he is not interested in paying his portion of the survey fee for Old Davisville Road in order to gain ownership of a portion of the road per the warrant article in March.  With that in mind, the Town retains ownership until such monies are paid and there appears to be a continued problem with Gamil Azmy using that road to store personal items.  Ms. Buono asked the Director of Public Works to take a look at the items that are within the right-of-way so that the Town can take steps to once again get them removed.  Mr. Azmy had said he was willing to pay his $600; however, he has yet to bring the payment in.  Selectman Eigabroadt believes that the Selectmen made it very clear that if both abutters did not pay their portion the road would not be reverted back.  Chairman Hartman is not sure about Selectman Eigabroadt’s comment.  Selectman Eigabroadt explained the Board decided if Mr. Richard and Mr. Azmy paid the amount that the Town put into locating the road ($1,200) the Town would then revert the road back and each would own from the center line, but only if the both paid the expense.  Selectman Eigabroadt recommended putting a fence up to calm any disputes.   

Safety Program – The Joint Loss Management Committee is meeting on Thursday to finalize the Safety Program which the Board has been supplied copies of previously.  Ms. Buono asked the Select board if they have any comments and/or suggestions. Ms. Buono is trying to schedule a day of training in November in which town departments will be closed for the day so that all employees can receive training on the Safety Program.  There will also be training from LGC in the afternoon on subjects to be determined.  Ms. Buono would like to get into the habit of having training on an annual basis.  Chairman Hartman asked if the Town has a semblance of a current program and what does it look like.  Ms. Buono explained the Town has a Safety Program but it is lacking considerably.  When the Department of Labor conducted their visit a number of areas were pointed out.  Chairman Hartman asked Mr. Mical if the section he worked in the Safety Program is verbatim from the Department of Labors Rules. Mr. Mical said the listed numbers are in reference of the Department of Labors Rules.  Chairman Hartman recommended noting any sections that are out of the Department of Labors Rules.    

2008 Budget – The 2008 Budget Presentation to the Budget Committee on October 22nd went very well.  There was a lengthy discussion on wages; the members now have the budget for their review until the next meeting which is scheduled for December 3rd for the purpose of going over the capital budget and reviewing the anticipated tax rate.  They have also scheduled a budget work session on December 17th.  The Board still has to meet to discuss finalizing the capital budget so that it can be presented to the Budget Committee.  

Town Report – Mary Whalen had distributed a draft copy of a cover photo for the Board’s review and approval.  The photo is of the Pillsbury Free Library in honor of being chosen the 2006 Library of the Year.  The Selectmen recommended taking the street sign out of the picture.  The Selectmen will also need to decide on a dedication page.  

Certified Public Management Program – While preparing the 2007 budget, Ms. Buono included money to attend the Certified Public Management Program which is offered through the NH Division of Personnel, Bureau of Education and Training.  Although Ms. Buono wasn’t able to sign up for the 2007/2008 courses, she would like to attend the 2008/2009 session if the Board is still in agreement.  Ms. Buono has submitted the courses that she took through LGC Leadership Institute so some of those may be able to replace some of the courses that are in the certification program.  The Selectmen agreed.  

Lower Level Meeting Room – For the past few years it has been discussed to replace the existing carpet in the lower level meeting room with tile.  Ed Mical has received quotes to both tile the meeting room as well as carpet the room. The price difference is substantial ($23,200 for tile versus $5,710 for carpet) and with the location and acoustics in the room, carpet may be a better option.  Ms. Buono has received input from the Men’s Club; they would prefer carpeting because of the bad acoustics.  The Selectmen agreed carpeting would be the better choice. Chairman Hartman recommends sealing the drain before the new rug is installed; activity of the drain needs to be determined first.  Funding may be possible for this year if not, the project will be budgeted for 2008.  Also scheduled is replacement tile at the bottom of each stairwell which may also be funded at the end of this year.  Selectman Cook made the motion if money is available at year end after the flooring in the stairwells is repaired; encumber funds needed to replace the rug in the lower meeting room which is to be replaced as soon as possible in 2008. Selectman Eigabroadt seconded the motion.  All were in favor.  The motion passed.  

Conservation Commission – Ms. Buono learned that a member of the Conservation Commission contacted the State with regard to a company that will be logging on Cunningham Pond Road and informed the State that they need to keep an eye on this person because he does not have a good reputation.  Ms. Buono has a concern because the logger has not cut a single tree yet; concerned with somebody that represents the Town calling a State agency about a person’s reputation.  Selectman Cook explained that the RSA that creates the Conservation Commission gives the Conservation Commission the responsibility of acting as the ears and eyes of the Wetlands Bureau within the Town.  If the Wetlands Bureau was called then Conservation Commission has that right.  Selectman Cook also said when he was chair of the Commission they had a terrible problem with the logging company being discussed over by Cisco Cemetery .  Ms. Buono has a concern for any Committee jumping the gun from a liability standpoint; representatives of the Town must take care in what they say and who they say it to.   The Selectman agreed a matter of this nature should be cleared through the Selectmen’s office.  Selectman Eigabroadt said the only defense to defamation or a slander is the truth, as a representative of the Town diplomacy is necessary.  

Judith Rogers said her office discovered that DES was not sending notifications properly; when DES cc’s at the bottom of her copy they would cc Conservation Commission and the Conservation Commission was not getting its copy.  Ms. Buono said that’s how DES does it; they send one envelope and it’s up to the office that receives the notification to do the distribution.  

Ms. Buono clarified that it was DREAD that was contacted not DES.  

6. MEETING MINUTES

Selectman Cook made the motion to approve meeting minutes dated October 2 nonpublic, October 16 work session and October 16 meeting minutes.  Selectman Eigabroadt seconded the motion.  All were in favor. The motion passed.  

7. GENERAL BUSINESS

Selectman Eigabroadt informed the Board that on November 6th at 9:00 a.m. the State Veterinarian is meeting at the Police Station.  

Chairman Hartman said there is a Transfer Station Facility Committee Meeting on November 6th and he will be attending the annual LGC conference on November 7th.  

Motion to adjourn 8:58 p.m.  

Board of Selectmen  

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