Meeting opened at 6:00 p.m.

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

Recorder of the minutes is Mary Whalen

Others present:

Paul Fouliard - Transfer Station

Judith Rogers – Town Clerk

Angela Tarleton – Dance Studio

Josh Moulton

Joe Hurley

Argus Champion

The Selectmen met with Paul Fouliard first giving Paul the option to go into non-public session. Paul declined the non-public session. The Board met with Paul as a follow-up to a memo dated November 9, 2005. Chairman Eigabroadt read into record the first part of the memo:

Mr. Fouliard responded to the above memo dated November 9, 2005:

In the history of the Town of Warner, no other employee has been attacked, question or harassed as much as I have within the official position as the Transfer Station Department Head for the Town of Warner. Furthermore, no other Town of Warner employee has been censored in the manner I have and been forced to follow different procedures, regulations and policies than is published in the Warner Town Personnel Policies, Rules & Regulations. Additionally, I fully acknowledge that it is not in the best interest of the Town of Warner to litigate my claims, this is the reason I have continuously requested a resolution attempt in every submitted Memo.

In response to Paragraph 1, the alleged phone call to Selectman Cook, I defend with:

a. There is no context to the statement; and

b. David Hartman campaigned for the elected position of Selectman on the a platform including the alleged issue of placing the Transfer Station back under the supervision of the Warner Highway Department and the Director of Public Works; thereby making said statements public and not gossip as implied;

In response to Paragraph 2, my comment to Selectman Cook in regards to a surprise visit from Department of Labor stems directly from Selectman Hartman’s past retaliatory dealings with me and the Transfer Station. This comment was justified and requires no defense on my part.

Chairman Eigabroadt asked Paul to expand on 2b.

Paul explained that it is no secret that Allan Brown is bitter about the separation of the Transfer Station from the Highway Department. Past Boards had to remind Mr. Brown of this issue. Paul then said Selectman Hartman, in four years has not said a positive thing about the Transfer Station. Then looking at Selectman Cook, said that he also has not said a positive thing in ten months about the Transfer Station. Paul stands by his statement.

Selectman Hartman commented that what is at issue at this point is being accused of campaigning to put the Transfer Station back under the Director of Public Works. Selectman Hartman explained that it is not true; it was never a part of his campaign. Selectman Hartman presumes that the severing of the Transfer Station from the Highway Department was part of rectifying a problem. Selectman Hartman expanded on the comment about not having a good thing to say about the Transfer Station. Selectman Hartman has spent many years in a role to set up a recycling program in the Town of Warner, he has been a prime mover in getting a recycling ordinance adopted in the Town of Warner, and when the occasion presented itself, not failed to compliment the operations of the Transfer Station. Selectman Hartman is proud of the affect that the Transfer Station has, and has been since the day it started 15 years ago with Selectman Hartman’s leadership along with a committee. Selectman Hartman does not understands Paul’s accusation and did not campaign against Paul. Selectman Hartman asked Paul who said he was campaigning against the Transfer Station. Paul would not state a specific name but did say it came from some of the people that held meetings at Alfred Hanson’s. Selectman Hartman clarified that he has never been at Alfred Hanson’s.

Paul said the bottom line is the meeting that was held at the Transfer Station last year when the Recycle Committee and the Budget Committee were on tour. Selectman Hartman walked around calling Paul a liar. Steve Bridgewater had to pull Selectman Hartman aside he then went outside and through his clipboard on the ground in front of Peter St. James screaming that he hated the Transfer Station, Paul and everyone that worked there. Selectman Hartman asked if Steve Bridgewater is willing to say that. Paul then said that there were twenty people who saw Selectman Hartman do this. Chairman Eigabroadt was called by Mr. St. James after the incident. Selectman Hartman recalls a meeting that took place after that session where Mr. Hartman was told by Chairman Eigabroadt that the best thing would be for Mr. Hartman to resign as Recycle Committee Chairman. Mr. Hartman left that decision up to the Board. Selectman Hartman commented that if in fact this all goes back in time to that one evening he fully apologizes as he did so back then (Selectman Hartman was not a Selectman during this recollection).

Chairman Eigabroadt commented that there were a lot of rumors during that time, and one was Selectman Hartman wanting the Transfer Station back under the Highway Department. The other rumor was there were meetings that took place at C&M, again just rumors.

Selectman Hartman would like to move on and has no intention of resigning interest in the Transfer Station.

Selectman Cook referenced meeting minutes dated November 22, 2005 and read "Selectman Hartman informed the Board that as reported to the Regional Co-op recycling tonnage up to October 2005 the Town of Warner has recycled the most tonnage (330.65 tons) than any other town within the 27 town co-op. Selectman Hartman will be attending a Regional Co-op Recycle Committee meeting on December 1, 2005." This was stated with pride. Selectman Cook recommended to Paul to read meeting minutes before saying, "nothing is said positive". Selectman Cook commented that he takes very seriously rumors that are spread around town, especially when it is received by a phone call. It has never been discussed amongst this current Board to put the Transfer Station back under the Highway Department, a rumor as Selectman Cook sees it started by Paul. Paul said that he never said the "Board", he said David Hartman and Allan Brown. Selectman Cook asked Paul where did he get that information, Paul replied "that’s my opinion, my opinion based on a lot of experience"; Selectman Cook said "it’s a rumor". Paul replied "I can have all the opinions I want". Selectman Cook read into record from the personnel policy Section 900 "violation to include but not be limited to the following rules may be considered adequate justification for immediate termination of an employee. #8 Disclosing confidential information to unauthorized persons or any action that might create poor public relations" Selectman Cook explained that the starting of rumors creates poor public relations, it would be in the Town ‘s best interest if Paul no longer promoted false rumors.

Chairman Eigabroadt asked Paul to expand on the comment about a surprise visit by the Department of Labor.

Paul explained that this goes back to the baler incident. There were two incidents and Paul feels he should have been notified on the first incident if safety was such an issue. When Paul was approached the second time he rectified the incident immediately. Paul said that letting it go two times resulted in his wondering if the Board was looking to make the situation more serious. As far as contacting the Department of Labor, that was just a guess because the Transfer Station has been turned into the Department of Transportation in the past. Paul does not feel the motivation was for safety.

Selectman Cook explained that it has been explained to Paul a number of times why Selectman Hartman did not react on the baler incident until the second time because he was not sure what he saw the first time. Selectman Cook told Paul that there was no basis or fact regarding the Department of Labor’s surprise visit. Paul said OSHA called right after the incident and asked if he was interested in training aspects. Selectman Hartman feels that this is a non-issue.

Chairman Eigabroadt recommended ideas for a resolution. For direction and supervision all Department Heads will now report directly to the Town Administrator. Chairman Eigabroadt asked Paul if the previous statement is acceptable to him, if so, then the letter from Paul dated November 21, 2005 becomes a mute point. Paul replied that reporting solely to the Town Administrator would be acceptable as long as his yearly review is redone. Chairman Eigabroadt clarified if Paul meant the current standing review. Paul said "yes". Chairman Eigabroadt explained that the performance review is a separate issue. Chairman Eigabroadt asked Paul if he wants to leave the current resolution as a tentative (report to TA, schedule a meeting to resolve performance evaluation) "OK". Paul said "that sounds good". Selectman Hartman clarified that the letter from Paul dated November 21 would be held and destroyed. Chairman Eigabroadt said the November 21 letter will be held until after the performance evaluation, if the evaluation reaches a successful resolution, the November 21 letter will be destroyed. Paul agreed. Chairman Eigabroadt asked Paul what if the evaluation process does not reach a successful resolution. Paul replied that he will proceed with the November 21 letter. Selectman Hartman feels the November 21 letter should be destroyed no matter how the performance evaluation results. Paul explained that the letter is contained with the Selectmen and his attorney. Selectman Hartman feels he is being held hostage, and is asking Paul if he would incinerate the November 21 letter and begin at that point, Paul has already received a reprimand tonight," let’s get on with business". Chairman Eigabroadt asked Selectman Hartman to expand on the reprimand statement. Selectman Hartman explained that verbally it has been stated in this meeting that Paul is to stop starting rumors, which has to be made into a reprimand because Paul admitted doing so. Chairman Eigabroadt replied that he did not take it that way and understood that this meeting was focused on resolution, to set clear boundaries so this situation does not happen again. Selectman Hartman commented the paragraph about the Department of Labor is a rumor started by Paul, and Paul should not be doing that, Selectman Hartman said that a memo could be drafted regarding the rumor and would be appropriate just like the baler memo. Paul commented that documentation under RSA 91- A still needs to be provided. Selectman Hartman wants to remain concentrated on the rumor discussion. Selectman Hartman considers this meeting a reprimand. Chairman Eigabroadt replied that if in fact there is going to be a reprimand the Board as a whole needs to discuss it and vote on it. Selectman Cook hopes that Paul has taken seriously what has been said to him, Paul tries to justify these things, and Selectman Cook believes that there is no justification for these serious actions. Selectman Cook would like to discuss disciplinary procedure as a Board before any decision. Selectman Hartman asked Paul what he was referring to regarding the documentation under RSA 91-A. Paul explained that is was mentioned that there was previous documentation regarding a baler incident in the past, under 91-A Paul requested that information. The secretary explained that a request was received to obtain copies of all documents within Paul’s personnel file which was completed. Paul said the documentation wasn’t in the packet. The secretary replied that was because there was no such document in the personnel file. Chairman Eigabroadt replied that the document was in the file but is now missing. The secretary commented that she has personally never seen such a document in Paul’s personnel file. The TA asked if it was a reprimand. Chairman Eigabroadt explained that it was a hand written statement by a past Selectman. Chairman Eigabroadt said that he read the note in a meeting with the Board. The only documentation referencing the past incident is within meeting minutes. A copy of the minutes will be forwarded to Paul.

Chairman Eigabroadt paraphrased this meeting: Is the Board in agreement that we are done with the two memos. Selectman Cook & Hartman replied "for right now". The Board of Selectmen will review Paul’s performance evaluation on January 10, 2006 at 9:00 a.m.

Judith Rogers commented that because she feels like the longest employee in this room. "With respect to the Board, you are all fairly new members. When employees are disgruntled and it’s not addressed, it continues, and it’s hard to change that even when the Board changes. When things continuously happen you get worn down, very defensive and you get very protective and tired and you just want to do your job and go home. When a department is continually being addressed with every Board that comes in, the various Selectmen that have come through here have always found problems with the Transfer Station, and as far as I’m concerned, as a Department that creates revenue for the town, Paul has worked hard to see that happen so that our tax dollars don’t go up. I have never understood the attack that the Transfer Station has received. I hear a lot about it not only because I have had a Transfer Station member in my household, but from the townspeople, they are not happy with it, they have come to meetings and spoke in favor of Paul. It’s hard to get away from the fact that it’s still not resolved." Judith also commented that a reprimand would be totally inappropriate.

Selectman Hartman would like to see Paul change his mode of operation in dealing with authority and in dealing with the running of the Transfer Station. Selectman Hartman admires Paul for holding together a group of men that run the Transfer Station, they do a good job.

Chairman Eigabroadt asked Paul in order to move forward does he have suggestions that would make communications between yourself and the Board in general more effective and appropriate. Paul does not think he has any suggestions because he’s wondering about his problem with authority. Paul continued and explained that there has been no Board that has asked him to do something that he has not done and done it well. Chairman Eigabroadt had a suggestion; Paul and TA will communicate on a weekly basis, TA will keep the Board informed.

Angela Tarleton met with the Selectmen for approval to use the Town Hall for a dance recital that will take place on June 14, 16 & 17, 2006. Selectman Cook made a motion to approve the use of the Town Hall on June 14, 16 & 17, 2006 by the Kearsarge Conservatory of Dance with a returnable deposit of $100.00. Selectman Hartman seconded the motion. All were in favor. The motion passed. Selectman Cook made a motion to reduce the fees to $75.00 per day. Selectman Hartman seconded the motion. All were in favor. The motion passed.

Josh Moulton met with the Board to discuss a submitted building permit. The Selectmen explained to Mr. Moulton that the lot Mr. Moulton is applying for, 74-1, is accessed from a driveway that is located on Lot 74-2. The Selectmen explained that the submitted building permit would be approved however there are two remaining lots. The Fire Chief for the Planning Board to consider has submitted proposed driveway regulations. The Selectmen explained to Mr. Moulton that if these changes become a zoning ordinance/regulation, as the properties are presented to date a building permit could not be granted (three residents off of one driveway). Mr. Moulton explained that he understood that since the three lot subdivision was granted with one driveway accessing three homes that all three building permits would be granted regardless of any future changes. The Selectmen explained to Mr. Moulton that the three-lot sub-division was approved, but there may be changes to zoning that could affect the one driveway access. It is unclear when/if the changes could take place. The Selectmen recommended to Mr. Moulton to become involved in the process so he is well informed.

Selectman Cook made the motion to approve a building permit for Map 13 Lot 16. Selectman Hartman seconded the motion. All were in favor. The motion passed.

Selectman Cook made the motion to approve November 9,15, 22 & 29 work session, November 15, 22 & 29 meeting minutes with corrections. Selectman Hartman seconded the motion. All were in favor. The motion passed.

The Selectmen’s office will add an additional telephone for the TA costing $209.00.

The TA will draft a response noting the Board’s neutral stand regarding the newly proposed district court to be located in Hillsborough. Selectman Cook spoke with Honorable Brackett Scheffy who expressed concern. Chairman Eigabroadt spoke with Chief Chandler who also had some concerns.

The Selectmen discussed a favorable endorsement regarding the use of the Sutton site for a new middle school. Selectman Hartman made the motion to send a letter endorsing the Sutton site for a middle school. Selectman Cook seconded the motion. All were in favor. The motion passed. The TA will draft the endorsement that will be sent to the School Board.

The Town of Hopkinton has sent a request for the Town of Warner to consider abating current and future taxes for the Harris estate. The Selectmen will hold the request until further clarification is received from the Conservation Commission regarding the status of an easement.

Selectman Cook made the motion to direct the Tax Collector to collect taxes in the sum $2,753,858.58 with interest at 12% from the 5^th of December next on all sums not paid on or before that day. The Tax Collector is furthered ordered to pay the same when collected to the Treasurer on or before the 10^th of the following month after collection. Selectman Hartman seconded the motion. All were in favor. The motion passed.

Selectman Hartman made the motion to authorize Chairman Eigabroadt to act on the behalf of the Board of Selectmen regarding negotiations with Market Basket. Selectman Cook seconded the motion. All were in favor. The motion passed.

Selectman Hartman made the motion to approve $750.00 for Ed Packard in appreciation of his volunteer hours at the Transfer Station. Selectman Cook seconded the motion. All were in favor. The motion passed.

The TA will coordinate with the office staff to begin the necessary research to become GASB compliant for 2005 and then hire to do a complete audit in 2006. The Selectmen still need to decide on a limit regarding the inventory (GASB), the average is $10,000.00.

Selectman Hartman made the motion to accept Laurie Terwilliger’s resignation from the Conservation Commission. Selectman Cook seconded the motion. All were in favor. The motion passed.

Motion to adjourn 8:45 p.m.

Board of Selectmen

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