December 26, 2006

Meeting opened at 6:00 p.m.

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

Absent: Selectman Wayne Eigabroadt

Town Administrator, Laura Buono

Recorder of the minutes is Mary Whalen

Others present:

Anthony Mento, Jim McLaughlin, Steve Brown, Ed Mical, Christopher Closs, Pam McDonald, Rebecca Courser, Mike Russo

1. CAPITAL AREA HEALTH NETWORK – JANUARY EXERCISE

Ed Mical met with the Selectmen to solicit their participation in an exercise scheduled for January 24, 2007 from 9:00 a.m. – 1:00 p.m. A grant has been approved to create a regional plan; part of the regional plan is to hold a table top exercise. Associated with the regional plan is to update the Town’s plan. At least one Selectman will attend the exercise.

2. ODD FELLOWS BUILDING COMMITTEE

The Committee members met with the Selectmen to go over where the project currently stands. Mr. Closs (interested developer of the building) came to explain the marketing of the building and the parking strategy. Mr. Closs believes that the parking project needs to be jointly funded through a variety of sources. A cover letter was prepared for a survey that would ask how the people of Warner feel the parking project should be funded, without parking there is no project. Mr. Closs is working with a surveyor that will create topographic information on the area north & west of the Foothills property and the area where the basketball court sits located on school property. In order to create boring samples of the area the cost is estimated at $10,000 - $15,000, Mr. Closs is not confident in the parking lot proposal to warrant spending any additional money at this time. Mr. Closs believes the same results could be achieved with a backhoe at 1/15^th of the cost. Mr. Closs recommends utilizing the Director of Public Works in regards to drainage solutions and planning. Mr. Closs will report back in January on an estimated cost for a parking lot. Selectman Cook asked Mr. Closs if he is looking for the Town to take some action at Town Meeting. Mr. Closs said yes, but he is not entirely clear what the action is, together the parking issue needs to be resolved along with a funding solution. The way it is structured it is a joint project between Mr. Closs, the school, owners of Foothills and the Town, at the very least if Federal or State grants are received the Town has to serve as a recipient of those monies. Ms. McDonald explained that there is an interested commercial client to occupy the building but again the issue always returns to the need for 47 parking spaces. Anthony Mento and Committee members asked the Selectmen about the use of the Town parcel located on Kearsarge Mountain Road for short-term parking. The parking project with the school is more of a long-term higher cost project that would not be considered at least until the 2008 school budget process. Mr. Closs created a rough sketch of the parking area on Kearsarge Mountain Road; it would be a rectangular lot with the possibility of holding 60 cars with u-shape parking. The area would still be utilized by the Fall Foliage Festival. The pond located in the back would be considered in the design. This project would not eliminate the continued need to work with the school to make certain spaces could be acquired on the east side of the Odd Fellows Building. Mr. Closs asked the Selectmen to consider whether it would be acceptable by the Town of Warner to use the space located on Kearsarge Mountain Road as a public parking lot. Selectman Cook asked if the Town decided to move forward with turning the lot into a parking area does that make the project for the Odd Fellows Building a go. Pam explained that the interested party has not seen a drawing of the building nor have they toured the structure, but again available parking needs to be addressed first. Jim McLaughlin recommended working solely with the owners of Foothills at developing a larger lot for parking and then obtaining a right to pass from the school and also swapping the parking spaces with the school that are located closest to the OFB. This plan was presented to the school and the reaction was that the school wanted to keep it simpler. Selectman Cook added that the project could be a step 1, step 2 process if it proves to be costly. Anthony explained that the school Superintendent does not favor a phased process; from past experience phase I occurs, but phases 2 & 3’s never did. Mr. Closs added that the owners of the Foothills property are very flexible, the school because of funding issues has less flexibility, if all could decide on a plan then it could be pursued. Mr. Closs recommends the Town develop more of a partnership with the school in order to move the project along. Mr. Closs’s goal for this coming January is for the school’s attorney be able to review a proposed project finding no reason why the school could not proceed with it from a legal standpoint. Mr. Closs is under the impression that the plan presented by Pellettieri Associates was one that the school was comfortable with. Mr. Closs also added that within the Odd Fellows Building Project there is not adequate funding available to fund the parking project, only as a participant. Chairman Hartman asked if the Parking Committee found any negatives toward the use of the Kearsarge parking area. The only negative was the distance from the building. Chairman Hartman asked if the Parking Committee found that the townspeople would be against the use of the area as public parking. Rebecca explained that this would be a temporary solution in order to get the project off the ground. The festival, school and public could use the area. Anthony does not believe the Parking Committee’s report provided the reaction toward the Kearsarge lot being developed. A survey was suggested to find out the Town’s reaction. The OFC will move forward and research plans for development of the Kearsarge lot. Selectman Cook recommended using the Christina Connors to create a rendering of what the area could look like; also the FFF should be consulted along with the Director of Public Works.

3. RUSSO – WARNER AGGREGATE ACTIVITIES

Mrs. Russo obtained a copy of the unapproved meeting minutes dated December 12, 2006. Mrs. Russo believes the comment regarding the levels of dust being the same as living on a dirt road should be irrelevant because their house is located on a paved road. The Russos have occupied the home since 1997 and have not experienced the severe dust issues even when the Davisville Flea Market is operating as they are experiencing now. The dust problem began when Warner Aggregate increased their level of operation. The dust issue is not restricted to summer months; it begins in the spring and lasts through the fall. The Russos maintain that the main problem is the heavy trucks going up and down the road (route 103), also noted is the material in the trucks is not covered. The calcium chloride that is being used to control the dust is now killing the vegetation located on the Russo’s property. Mrs. Russo explained that the Connecticut River Joint Commission discourages the use of calcium chloride by sand and gravel pits to control the dust. It was stated in the December 12^th minutes that the owner of Warner Aggregate would instruct his drivers to drive slow in and out of the area, to date and before that has not happened. Mrs. Russo if requested by the Board of Selectmen will obtain medical support explaining that all three of her family members have tested positive to a dust allergy; Mrs. Russo has bronchial damage to her lungs and difficulty breathing under poor air quality conditions, their daughter also has asthma. Mrs. Russo also believes that the pit does not meet the "grandfathered" requirements. Mr. Russo added that the activities generated from Warner Aggregate have affected his business that is located at his home (the selling of used cars) and the health of his family. Mr. Russo would like to know how the activities can continue at Warner Aggregate without a permit when the footprint of the pit has changed so drastically. Selectman Cook responded that the Planning Board will decide if the pit is grandfathered or not. Selectman Cook asked if there is a dust problem this time of year. Mr. Russo said yes, the majority of the dust is coming from the highway. The Selectmen have responded to the dust issue by sending a letter to Mr. Nickerson who owns the property and the right-of-way to the pit. Mr. Nickerson and Mr. Herrick (owner of Warner Aggregate) have 60 days to submit a dust control plan that would be implemented by June 1, 2007. The goal of the plan is to not be carrying more dust out onto the highway and to have some kind of surface on the right-of-way that will minimize the dust. The damage to the vegetation is a civil issue. Mr. Russo requested to be notified in the future when the Selectmen will be discussing Warner Aggregate activities.

4. EMERGENCY MANAGEMENT

Selectman Cook made the motion to encumber $2,535.00 from the 2006 Emergency Management budget; funds will be used to conduct a tabletop exercise and to update the Emergency Operations plan in 2007. Seconded by Chairman Hartman. Motion passed unanimously.

5. NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS)

Mr. Mical explained that in 2007 if a community applies for Federal grants there is a requirement that the community must be NIMS compliant. Mr. Mical will forward the information required to become NIMS compliant.

6. FEMA

Mr. Mical explained that he and the Director of Public Works will be submitting a request for an extension on the repairs that have not been completed from the October flooding. The funding for the repairs has an 18 month completion limit. Also, the Town was approved for Hazard Mitigation funding associated with the October flooding (West Joppa & Horne Street). The Federal Government and the State completed a site-visit; both agencies are now waiting for the Town to complete documentation. There is a 6 month review process before the grant is approved. The 6 months begins when the Town’s information is received by the State. For budgeting purposes the funding is a 75/25 match, the two projects are estimated to cost $90,000; the Town would be responsible for 25%.

Mr. Mical also spoke of the funding received for the May flood, that too has an 18 month limit. The Connors Mill Bridge is part of the funding. Mr. Mical explained that if the Selectmen are not going to use the FEMA funding for the bridge then the money allocated would need to be returned FEMA. The Selectmen explained that a decision regarding the bridge will need to be determined. The Selectmen have asked for an analysis of the cost benefit of either using/or not using the FEMA funds. The Selectmen will schedule a work session to discuss the Connors Mill Bridge on January 2, 2007 beginning at 5:00 p.m.

7. PRE-DISASTER HAZARD MITIGATION GRANT PROGRAM

Mr. Mical will re-submit for the East Roby Road Project. The deadline for submission is January 12, 2007.

8. BAGLEY FIELD BUILDING PERMIT

After determining that the addition to the current structure is out of the floodplain the Selectmen approved and signed the building permit. The Emergency Management Director also signed the permit.

9. TOWN REPORT BIDS

The Selectmen requested printed samples from the submitted bidders before making a final decision.

10. FIRE EQUIPMENT CAPITAL RESERVE

The Selectmen will contact the Fire Chief to meet with him on January 2, 2007 for further discussion.

11. WAGNER SUBDIVISION – ROAD NAME

In order to continue with the Planning Board process a request was submitted for the Selectmen to choose a road name that would be added to the subdivision application for Map 14 Lot 10. At this time the road is not considered a public way. Ed Mical asked how this fits into 911. Selectman Cook added that this action is in no way an indication that the Selectmen would accept this as a town road at this point. The applicant requested the Selectmen to choose a name so that it may be added onto the subdivision mylar. The Selectmen are only recommending a name. Selectman Cook made the motion to advise Toth Engineering (Merrimack NH) that the Selectmen recommend that a road being built on Map 14 Lot 10 be named Hudson Lane. Seconded by Chairman Hartman. The motion passed unanimously.

12. RESIGNATIONS

Selectman Cook made a motion to accept the resignation submitted by George Roberts as a Transfer Station Attendant. Seconded by Chairman Hartman. The motion passed unanimously.

Selectman Cook made the motion to accept the resignation submitted by Evelyn Joss from the Zoning Board of Adjustment. Seconded by Chairman Hartman. The motion passed unanimously.

The vacancy recommendation submitted by the Zoning Board will be discussed on January 9, 2007.

13. MEETING MINUTES

Selectman Cook made a motion to approve meeting minutes dated November28 & December 12, 2006 and the December 21, 2006 Transfer Station site-visit. Seconded by Chairman Hartman. The motion passed unanimously.

14. GENERAL COMMENTS

The Selectmen’s office received a number of complaints regarding on street parking during the parking ban restrictions. The complaints were passed on to the Police Department.

Motion to adjourn at 8:30 p.m.

Board of Selectmen

David E. Hartman, Chairman

Wayne Eigabroadt --Absent

Richard A. Cook