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: Mr. Herrick, Ed Mical, Tom Bosela, Judith Rogers, Paul DiGeronimo

1. WARNER AGGREGATE

Mr. Herrick owner of Warner Aggregate met with the Selectmen regarding the dust that is generated from the vehicles entering and exiting the right-of-way that is located on property owned by Tobias Nickerson. The dust has become a nuisance to an abutting property owner (Mr. Mike Russo). The Warner Code Enforcer has visited the site, as of this meeting no report has been submitted. Mr. Herrick asked for clarification on the stockpiling of material that is not part of the gravel pit, is the material under contempt. Selectman Eigabroadt explained that the Planning Board is researching RSA 155-E to determine if the activities at Warner Aggregate are in compliance. The dust situation will be looked into by the Selectmen. Mr. Herrick explained that on December 12^th he applied calcium chloride to the road leading out to the operation. Selectman Eigabroadt added that this time of year the dust situation is non-existent. Over the summer Selectman Eigabroadt visited the home of Mr. Russo who resides close to the right-of-way and has witnessed the dust on the house and surrounding plant life. Mr. Herrick asked the Board of Selectmen what issue needs to be tackled first. The Selectmen explained that the dust is the main issue. Selectman Cook added that since the Planning Board meeting on December 4^th he visited the site on three occasions and drove quickly down the drive. On his Tuesday visit Selectman Cook noticed a recent application of calcium chloride, during his visits on Monday, Tuesday and Thursday dust was not an issue. Mr. Herrick explained that he has spoken to both Mr. Nickerson and Mr. Russo asking them to notify him when the road becomes too dusty so that he may treat it. Mr. Herrick has received a report from the Department of Environmental Services saying that DES did not find a dust situation at the pit or the right-of-way access road nor is the calcium chloride a problem to the water. Selectman Eigabroadt added that the complaint of dust surrounds the roadway not the pit. Mr. Herrick added that the Flea Market that is held on Sunday’s generates more dust than his operation. Mr. Herrick added that Mr. Russo has eluded that the calcium chloride dust is the issue and not the dust. The Selectmen clarified that the main issue is the dust. Mr. Herrick is looking at other solutions to control the dust (sugar beet extract); the drivers have been instructed to travel no faster than 10 m.p.h on the right-of-way. What is tracked on the State road is questionable. Mr. Herrick does have another source to exit the property that is located closer to exit 7 but the area has not been developed and special permitting is required to cross a culvert. Laura recommends sending a letter to the property owner (Tobias Nickerson) and any others listed on the deed regarding the dust problem from using the right-of-way. Martha Mical asked if the Selectmen are satisfied with what Mr. Herrick is doing, applying the calcium chloride. Selectman Eigabroadt added that there is not much of a dust problem this time of year because the ground is freezing. Selectman Cook recommends a permanent solution in place by June 1, 2007. Laura asked if the Selectmen require a written dust control plan that needs to be submitted within 60 days with a permanent solution in place by June 1. Mr. Herrick would like to do tests with certain stone products. Selectman Eigabroadt recommended adding the tests to the plan. To clarify, the dust is not from the activity at the gravel pit, the dust is from the vehicles transporting the material. Mr. Herrick believes that Mr. Russo feels that the calcium chloride is an irritant. Chairman Hartman asked if the DES response (received this evening) states that the calcium chloride that is not a problem. Mr. Herrick replied "yes, the State recognizes the product as a dust control and it is not a problem to the water". Chairman Hartman explained that the Board’s interest is focused on health issues. Chairman Hartman asked the Board if there is a concern about the dust on the vehicles that are for sale at Mr. Russo’s residence. Selectman Cook’s concern is the health issue; if it is solved then the concern about the cars would become a non-issue. Chairman Hartman added if the concern is about the vehicles, then there is a problem all over Town where there is a dirt road. Selectman Eigabroadt added that dust is listed within the nuisance ordinance, the activity of the vehicles leaving the gravel pit creating the dust is considered a nuisance under State Statute and Town Ordinance. Mr. Herrick clarified that the dust is not coming from the pit. Chairman Hartman agreed with the statement. Mr. Herrick asked how the complaints are handled regarding the dust on Town roads. Selectman Cook explained that calcium chloride is applied. Mr. Herrick asked, first it was the dust on the vehicles located at Mr. Russo’s, and then it went from the vehicles to being a health issue (asthma). Mr. Herrick asked if there is any medical documentation supporting Mr. Russo’s complaint regarding the health issues. Selectman Cook understands where Mr. Herrick is coming from but the best way to resolve this is to resolve the dust issue. Mr. Herrick added in closing that the dust generated is short term and very little, and it does happen, if it was anything like what was generated on Plains Road five years ago then he would agree there could be a health issue. Selectman Eigabroadt disagrees, when he visited Mr. Russo’s resident it reminded him of living on Plains Road, vegetation, house, everything was covered in dust. Mr. Herrick is going to try to solve this issue and will work on re-communicating with Mr. Russo. Chairman Hartman closed by reiterating that a letter will be sent to Tobias Nickerson (property owner) requesting a long-term solution to the dust problem submitted to the Board of Selectmen within 60 days along with a permanent solution that will be implemented no later than June 1, 2007. Mr. Herrick asked if there should be some kind of benchmark made with the condition of the asthmatic. Laura’s consensus is it would be up to Mr. Russo to bring documentation in to show the reason for the health issues in regards to asthma. The Board is dealing with the dust nuisance. Selectman Eigabroadt explained that the asthma was a secondary issue, the dust is the nuisance.

2. BAGLEY FIELD SNACK SHACK BUILDNG PERMIT

Tom Bosela and Paul DiGeronimo met with the Selectmen for another review of the Bagley Field Building Permit for an addition to the Snack Shack. The area is within the floodplain, after researching topo maps and the Flood Insurance Rate Map it is believed that the existing structure is out of the floodplain. The Selectmen reviewed the maps and feel that the structure is still within the floodplain. Selectman Eigabroadt asked what the ramifications would be putting a building in the flood zone and is there a difference because this is a seasonal structure. Is a municipality required to follow the flood plain ordinance? Ed Mical explained that FEMA requires all structures within the flood plain comply with the National Flood Insurance Program. Elevation of the structure must be determined by a licensed engineer. Ed Mical will contact the Office of State Planning to obtain more information about a municipal structure in the floodplain.

3. TOWN REPORT BIDS

Three bids were received:

E-Print located Hudson NH in the amount of $3,775.00

R. C. Brayshaw located in Warner, NH in the amount of $3,784.00

Riendeau Printing located in Hudson, NH in the amount of $2,952.00

The Selectmen will review the bids; final decision is tabled for a later date.

4. BARN PRESERVATION

Selectman Eigabroadt made the motion to amend meeting minutes dated October 24, 2006 striking "The Selectmen now have 60 days to either grant or deny the easement based on factual findings (the sixty days began after receipt of the completed application). Selectman Cook seconded the motion. All were in favor. The motion passed.

The Selectmen need to determine the percentage mandated by State Law that says the assessed value can be reduced from 25% up to 75%, the assessed value to date amounts to $11,690.00. Laura explained that the easement is designed to allow property owners to save money in order to complete improvements, but the owners completed the improvements first and then applied for the easement. Laura recommends looking at the application when it came in and what the value was at that time which is the $11,690. Chairman Hartman stated he is sufficiently unsure of himself about this process and that he does not want to set a precedent. Chairman Hartman needs to know more about the process than he does right now. With the easement the assessment does not increase because of maintenance and repairs, but the assessment can increase if it is market driven. Selectman Cook recommends researching further before a decision is made. The easement will not take effect until April 15^th 2007. Laura explained, for example if 25% is chosen, even though the value increases, there will be a 25% break, but 100% break on the improvement value for the 10 year life of the easement (the improvement value is not included in the assessed value). Laura will locate a scoring system for the easement. Chairman Hartman recommended contacting other Towns who have experienced this in order to obtain more information.

5. SIGN PERMIT

Selectman Cook made the motion to approve a "Sign Permit" for Northeast Planning Associates, Inc. located at 22 E. Main Street 22" x 32" in size. Selectman Eigabroadt seconded the motion. All were in favor. The motion passed.

Selectman Cook made the motion to approve a "Sign Permit" for Mount Kearsarge Indian Museum located at 25 E. Main Street 18" x 72" in size. Selectman Eigabroadt seconded the motion. All were in favor. The motion passed.

6. BUILDING PERMIT – PLEASANT LAKE ESTATES

The Selectmen approved a Building Permit for a shed.

7. ADMINISTRATORS REPORT

GIS Software – On November 30^th, Richard Cutting gave a presentation on GIS software offered by Mapcom. The presentation was attended by various departments including Planning/Zoning, Water Precinct, Selectmen, Emergency Management, Assessing and the Town Administrator. The software package has quite a few benefits. The Selectmen would like to discuss adding this to the 2008 budget.

Health Insurance – There is an employee meeting at 2:00 p.m. December13th for all employees with regard to the new insurance package. All employees were given notification of this meeting and Melissa Briggs from Local Government Center will be on hand to discuss the package as well as the option to stay on the plan they currently have.

Department Head Meeting – A Department Head Meeting was held this morning which was attended by 7 Department Heads. Various issues were discussed of which some are listed below:

Library – Nancy Ladd reported that the Library will be opening in the afternoon on Mondays beginning in 2007. She also discussed a few building maintenance items as well as a generator for the building.

Emergency Management – Ed Mical reported on the Capital Area Health Network and the pamphlets they have distributed to various towns. Ed also noted that the Emergency Plan will be updated next year. Identification badges for emergency personnel were discussed.

Building Maintenance – Ed Mical stated that he will be handling some painting projects in the Old Grade School and Town Hall. The front steps were discussed and Allan Brown will check with another individual to get a price on the repair of the granite steps.

Fire Department – Chief Brown reported that the Department didn’t have any large scale incidents this year. He also reported that since the resignation of the Captain in October, Sue Greenlaw is the Lieutenant in charge of rescue and doing a very good job. The on call coverage during the day is being covered on an as needed basis by some new recruits who are available during the day. If this arrangement works well, the on call position may not be filled as it was previously.

Highway – Allan Brown reported that Mill Street is completed with some lawn work and shrub planting still left to do in the spring. He also clarified a statement he saw in the newspapers with regard to him violating policy by issuing a driveway permits on a Class VI road. Allan stated that the Town must allow residents access to their properties by issuance of driveway permits but the issuance of a driveway permit does not mean that building will be allowed on the lot. We also discussed whether or not it would be logical to charge the mechanic’s wages to the various departments as work is done on other vehicles. Allan feels that as long as it is understood that these expenses are carried in his budget for work on behalf of other departments, then it doesn’t seem to make sense to do the additional paperwork to transfer charges.

Assessing – Martha Mical reported that out of the 500 people who were charged inventory penalties for either not turning in their inventory forms or turning them in late, there have only been approximately 10 people who have voiced disapproval of the penalty. Martha also reported that the Tax Collector is busy collecting taxes which are now overdue since the due date was December 7^th.

Finance Department – Cheryl Eastman has done a great job sliding into the bookkeeper position and is working on the month end reports for October and November. During her first week Laura went over the various functions in the office. Cheryl sat with Laura through a regular payroll run and she handled payables and the Fire Department payroll on her own. Laura also reviewed what is needed for year end.

Leadership Institute – Laura is pleased to inform the Board that she has "graduated" from the Leadership Institute through Antioch College & LGC. The program was a two year program which focused on issues and laws that Municipal Managers in all departments deal with. Laura’s plans are to now enroll in the Certified Public Managers program which is offered through the State of NH. This is a three year program.

Short-term Disability – Laura presented the current figures for short-term disability and the impact it would have on the 2007 budget.

8. ALTERNATE – CONCORD REGIONAL SOLID WASTE

Chairman Hartman recommends appointing Paul Fouliard as the alternate. Selectman Eigabroadt recommends appointing other Transfer Station personnel because of the personal demands at home that face Mr. Fouliard. The Board will further discuss an alternate possibility at a later date.

9. MEETING MINUTES

Selectman Eigabroadt requested more detail in the November 14^th meeting minutes pertaining to the health benefits.

Selectman Cook made the motion to approve November 2 work session, November 14 non-public, November 16 work session and December 5 work session. Selectman Eigabroadt seconded the motion with the understanding that the vote is for the meetings he was present at. Selectman Cook amended the motion to add "as corrected’. All were in favor. The motion passed.

10. GENERAL BUSINESS & COMMENTS

Selectman Eigabroadt spoke with Dan Watt’s and learned that the new system for the State within the Town Clerk’s office requires a separate connection (can’t utilize the existing fire wall). The cost is unknown at this time. Judith Rogers has learned that there may be a chance that the State will pay for the fire wall.

Selectman Eigabroadt asked if the discrepancy between the Town and the IRS has been resolved. Laura explained that the Bookkeeper is currently working on it.

Selectman Cook obtained a quote for slate replacement on the last section of the Town Hall roof located over the Selectmen’s office. The contractor is Mike Connors who looked at the roof and recommended only repairing not replacing the slate because it is in good condition (it would last 70 – 100 years) or if preferred just replace everything that is above the new section. Selectman Eigabroadt recommends assuring the condition of the sub-surface and the guarantee from the other roof work that was completed. Ed Mical added that the other roof sections that were replaced, bituthane was added first then the new slate. The Selectmen recommend obtaining both estimates.

Chairman Hartman reported that Fall Foliage Festival granted $1,000 for the preservation of Town records, 5 crosswalk signs, a softball pitching wall & weather proof display board, $2,500 to purchase trees, $3,000 for the refinishing of Town Hall floors, and funding for curtains on the stage. The FFF net $25,305 this year.

Chairman Hartman attended a Community Development Block Grant Program. The program provided instruction for grant writing. There could be potential for an alternative funding source in regards to the Odd Fellows Building.

Judith Rogers presented to the Selectmen the last of the dog fines. Judith asked that the names be read into the record: Ronald Driscoll, George Greenlaw Jr., Marlo Routhier, Wendy Ruff, Anthony Scola, Patricia Watt, Michael Willey and Gerald Roy. The amount owed will carry over to 2007 and incur the penalty per month until paid. The Selectmen agreed to follow through with a summons to the court.

Ed Mical added that the Pre-disaster Hazard Mitigation Grant has opened up. The deadline to the State is January 12, 2007. The funds have been increased to $100 million.

Motion to adjourn 9:00 p.m.

Board of Selectmen

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