Meeting opened at 6:00 p.m.

In attendance: Selectman David E. Hartman – Chairman, Selectman Wayne Eigabroadt and Selectman Richard A. Cook

Town Administrator, Laura Buono

Recorder of the minutes is Mary Whalen

Others present:

Ed Mical Brian Hotz – Conservation Commission,  Mike Russo,  Judith Rogers,  John Springer – ATC Tower,  Ken Klinedinst, Howard Kirshner

1. PUBLIC HEARING TO ACCEPT FEMA & NANCY SIBLEY WILKINS FUNDS

Chairman Hartman opened the Public Hearing per RSA 31:95 b for the acceptance of unanticipated revenues. The funds are from FEMA related to disaster relief in the amount of $239,294.72 and from the Nancy Sibley Wilkins Fund in the amount of $16,300.00. Laura and the Director of Public Works have reviewed the paperwork from FEMA and have pulled out the expenses that will be taken out of the budget. The Department of Revenue Administration recommended showing that transaction on one line for the flooding expenses. The materials and outside services amount to $141,320.10 (excluding labor) that will be placed back into the highway budget. The balance of the FEMA funding will be applied to flood related issues in 2007. Ed Mical added that there are pending mitigation projects that the Town has received preliminary approval for; no money has been received for these projects. The money that has been received is directly related to the May 2006 flood. Laura added that the remaining money that is for specific repairs must be utilized or the money needs to be returned, these projects will be presented in warrant articles.

No public comments

The funds from the Nancy Sibley Wilkins Trust will aid Parks & Recreation toward the purchase of a mower and trailer and wiring for a surveillance system in the amount of $12,500, also a local organization called Warner Connects was granted $300 for start up costs and the Town of Warner received $2,500 for the replacement of the back stage curtains.

Ed Mical asked where the mower and trailer would be stored. Storage needs to be determined.

Chairman Hartman closed the public hearing at 6:15 p.m.

Selectman Cook made the motion to accept the Federal Funds associated with disaster FEMA-1643-DR-NH the May 2006 floods in the amount of$239,294.72. Selectman Eigabroadt seconded the motion. All were in favor the motion passed.

Selectman Cook made the motion to accept the donation from the Nancy Sibley Wilkins Fund in the amount of $16,300. Selectman Eigabroadt seconded the motion. All were in favor. The motion passed.

2. WARNER AGGREGATE

Laura has asked the Planning Board to put Warner Aggregate on their December 4^th agenda. Mr. Russo continues to inquire about the activities at the gravel pit which needs to be discussed by the Planning Board. Mr. Russo submitted pictures of his property. The activities at the pit have become a nuisance to Mr. Russo’s property and business. Selectman Eigabroadt is still waiting to hear from the State Health Liaison. Mr. Russo explained that the activities are posing a health problem to his family.

3. CELL TOWER ON KELLY HILL ROAD

John Springer met with the Selectmen to discuss the Building Permit Application for a tower to be located on Kelly Hill Road, Map 10 Lot 66. Mr. Kirshner, owner of the property explained that the Planning Board granted approval on a Class VI road because it is not a residence. The driveway access will be located 100’ from the intersection of Kelly Hill Road and Parade Ground Cemetery Road. Selectman Eigabroadt added that the same consideration was discussed for the tower site proposed on Waldron Hill. Selectman Cook asked how much road frontage is on Parade Ground. Mr. Kirshner explained that there is 200 feet, 250 feet is required for a build able lot in an R3 zone. Chairman Hartman noted that the driveway permit that was recently issued is for Parade Ground Cemetery Road not Kelly Hill Road. Mr. Springer explained that the original plan indicated Kelly Hill Road being upgraded to a Class V but the Planning Board objected to the plan because the nature of the facility will generate very little traffic. Coming off of Parade Ground was not discussed in depth. Selectman Cook asked what type of upgrade would be completed on Kelly Hill Road. Mr. Springer is not aware of any plans to upgrade. Chairman Hartman clarified that the driveway permit is for Kelly Hill Road, it was marked incorrectly. Chairman Hartman doesn’t understand why the Planning Board would approve the drive off of Kelly Hill Road when there is a Selectmen’s Policy prohibiting construction on a Class VI road unless the road is upgraded when the drive could have been accommodated from Parade Ground Cemetery Road. Selectman Eigabroadt added that the courts have ruled in favor of applicants under situations where the proposed site will not strain Town services. Mr. Springer added that there is no water or sewer at the site, there will be a mono pole, and equipment at the base in a fenced in area. Mr. Kirshner explained that he was instrumental in guiding the cell tower to accessible entry that would not affect the historical nature of Parade Ground Cemetery Road. Chairman Hartman recommends that a Notice of Limits of Liability be added to the location. A no cut easement needs to be clarified, minutes and the notice of decision from the Planning Board indicates a 500 foot radius. Mr. Springer explained that the no cut is 200 feet and is recorded within the easement (as indicated on the plans). The bond and proof of ownership was reviewed by the Selectmen. Selectman Eigabroadt recommends that Town Counsel review the bond. Selectman Eigabroadt made a motion to conditionally approve the Building Permit for Map 10 Lot 66 being that the language contained in the bond document is acceptable and approved by Town Counsel and that the 30 day quit notice is changed to 90 days. Selectman Cook seconded the motion. All were in favor. The motion passed.

4. LAND DONATION FROM HERBERT W. GOODWIN REVOCABLE TRUST

Mr. Hotz, Conservation Commission Chairman met with the Selectmen to obtain their signatures for a gift of 2.2 acres on the north edge of Tom’s Pond donated by Mark Bates of the Herbert W. Goodwin Revocable Trust. The piece abuts existing Town land. The Commission held a public hearing for this donation. The Selectmen asked the Commission to consider merging all the Town lots into one in same area. Selectman Eigabroadt made the motion to accept the donation of 2.2 acres by the Herbert W. Goodwin Revocable Trust. Selectman Cook seconded the motion. All were in favor. The Town Clerk notarized the signatures.

Mr. Hotz explained that some of the language is being corrected on the Courser Easement. A corrected deed will be presented to the Selectmen upon completion of all the corrections.

5. TRANSFER STATION STIPEND

The Selectmen discussed the request for a $2,000 stipend for the volunteer at the Transfer Station. Last year $750 was granted, discussion between the Selectmen continued. Laura has recommended to Paul Fouliard to budget for this stipend because it has been requested annually. Selectman Eigabroadt made the motion to approve $1,250 stipend for Ed Picard for his volunteered labor at the Transfer Station. Selectman Cook seconded the motion. All were in favor. The motion passed.

6. INVENTORY PENALTY WAIVER REQUEST

Laura informed the Selectmen that a resident submitted a letter asking to waive the penalty for the inventory form. The resident explained that the form was sent in before the deadline, Town records indicate the form was not received. The Selectmen previously agreed to follow through with the penalty process. Selectman Cook recommends that if a penalty becomes an extreme hardship to a resident it should be brought to the attention of the Selectmen. Mr. Klinedinst asked about the origin of the form.

7. NOMINATION OF CONCORD REGIONAL CO-OP REPRESENTATIVE

Selectman Eigabroadt made a motion to nominate Chairman Hartman as representative to the Concord Regional Co-op. for a three-year term. Selectman Cook seconded the motion. All were in favor. The motion passed. An alternate representative will be discussed at a later date.

8. ZONING VIOLATION MAP 16 LOT 85 – TWO RESIDENCES ON ONE PROPERTY

A zoning violation located at Map 16 Lot 85 was explained to the Selectmen. Laura and the Assessing Clerk visited the site that has a park model mobile home hooked up to a homemade septic holding tank. The tank is near the edge of the brook that flows into the wetlands. Electricity is at the location along with an underground propane source. The violation is two residences on one property without any permitting. A letter has been sent to the property owner. Selectman Eigabroadt acting as Health Officer will visit the site. Laura recommends that the propane should be disconnected immediately due to the hazard then allowing 30 days to remedy the remaining violations. The Selectmen agreed with immediate removal of the propane and added that using the mobile home as a domicile must cease immediately with remaining connections removed within 30 days. If the mobile home is going to remain as a recreational vehicle it must be registered if not it must be removed.

9. ADMINISTRATOR’S REPORT

Barn Preservation Easement – The Board needs to make a decision with regard to the percentage allowed for the Barn Preservation Easement so that the paperwork can be drawn up. Selectman Cook would like to review the recent changes in value on the structure before determining a percentage for the Barn Preservation Easement. The Selectmen will continue discussion until December 12^th.

Warner Aggregate – A discussion between the Selectmen and Planning Board with regard to the activity at the gravel pit owned by Warner Aggregate has been placed on the Planning Board agenda for December 4^th.

Capital Area Public Health Network – Pamphlets entitled "Preparing for an Emergency: The Smart Thing to Do" have been distributed to Towns who participate in the CAPHN and are available throughout the Town and in the various departments at Town Hall. A tabletop exercise of the pandemic plan is scheduled for January 24^th from 9:00 – 1:00. The Selectmen and Health Officer are encouraged to attend. Ed Mical is playing a lead role in the exercise.

NIMS – There was a good turnout at the NIMS training which was held on Tuesday, November 21^st at the Fire Station. Although no members of the Police Department were present, it would be a good idea for them to get on board with NIMS. Laura will contact Chief Chandler and talk to him about it and touch base with Ed Mical and talk about holding a second training after the beginning of the year if he thinks it’s worthwhile.

Police Department - The Police Department has formally begun the process of hiring a full-time patrolman. Resumes will be accepted until December 15, 2006.

10. VETERAN’S TAX EXEMPTION

Selectman Eigabroadt made the motion to approve Veteran’s Tax Exemption for Map 10 Lot 53, Map 16 Lot 19, Map 15 Lot 27-3-a. Selectman Cook seconded the motion. All were in favor. The motion passed.

11. DEMOLITION PERMIT FOR GOODWIN PROPERTY

Selectman Eigabroadt made the motion to approve a Demolition Permit for Map 15 Lot 28-1. Selectman Cook seconded the motion. All were in favor. The motion passed.

12. BAGLEY FIELD BUILDING PERMIT

A Building Permit for an addition to the current building at Bagley Field was submitted. Ed Mical recommended that the requirements for the floodplain need to be addressed.

13. GENERAL COMMENTS

Probation period for the Town Administrator has expired.

Chairman Hartman and Laura attended the LGC Conference. Laura is getting involved in the State level dealing with personnel issues.

Chairman Hartman attended the annual Co-op meeting; it was moved to reduce the tipping fee for 2007 from the proposed 43.00 per ton to 42.50 per ton. Co-op wide amounts to $72,000.

Selectman Eigabroadt noted that there must be a release from utilities and a copy of the release must be submitted with the Demolition Permit application.

No approval of meeting minutes

Ken Klinedinst inquired about the two non public sessions held on September 22, 2006 one was sealed the other was not. Ken asked if copies of the notices are available. Ken noted that a non public session should be noted in a public set of minutes, the secretary will take note. Ken also added that the non public session that was unsealed and asked if the individual involved was invited to the meeting. Laura explained that the individual new about the meeting, the meeting was about determining what process that Selectmen wanted to take with the finance position being vacated, it was not personnel. Ken added that there were comments at the session that leads him to believe the Finance Director should have been invited to attend. Selectman Eigabroadt added that the Selectmen have the discretion to invite the individual but also has the right to discuss an employee in a non-public session without inviting them. Judith Rogers added that 91-a says that the person in the discussion has the right to have the meeting open. Laura disagrees, only if they have that right. Judith Rogers noted that sealed minutes should be unsealed after the issue is resolved. Selectman Eigabroadt disagrees. Laura has recommended changing the way minutes are stored for record purposes by including the non-public sessions with the public sessions along with any correspondence pertaining to the meeting.

Judith Rogers asked if there Selectmen will hold a public meeting with the employees concerning medical changes. Laura will arrange a meeting in December, a memo will be sent to the employees once the meeting is scheduled.

Motion to adjourn 8:44 p.m.

Board of Selectmen

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