Meeting opened at 6:00 p.m.

Present: 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: Barbara Annis, Martha Mical, Jim McLaughlin, Marianne Howlett

1. ZONING CHANGES

Selectman Cook asked the Board to take a position on the proposed zoning changes. Selectman Cook continued by saying that he was upset with the way the last Planning Board meeting was handled in the fact that public testimony was received in writing and people in the audience at the meeting were not allowed to speak. Selectman Cook had previously asked if he could write a letter and was told by the Planning Board Chair that the letter would need to be received by the night of the public hearing, subsequent to that, the Planning Board Chair received written testimony and read the testimony into record in a meeting that was not receiving public input. Selectman Cook does not agree with how the Planning Chair conducted the meetings; if public testimony is going to be received in written form then all public testimony should be received. Selectman Cook also believes that the public testimony received and read into the record was in favor of the Planning Board’s Chair position on the meeting subject. Selectman Cook added that a Planning Board member that owns land within the commercial district and who could benefit from the zoning changes was allowed to vote for or against the proposed changes. Selectman Cook believes that it would be meaningful for the Selectmen to take a position on ARTICLE XI- COMMERCIAL DISTRICT C-1, Section F which would change the ordinance to read footprint instead of gross floor area. Selectman Cook believes that this change would allow a business 80,000 square feet instead of a maximum of 40,000 square feet. Selectman Cook does not feel that the people of Warner want this and it is totally out of scale for the commercial development that is wanted at the Exit 9 area. Selectman Eigabroadt added that the ordinance still maintains a maximum of 40,000 square feet with no one building exceeding 20,000 square feet. Selectman Eigabroadt at the same meeting recommended ARTICLE XI be reconsidered because the lack of a full board and the fact that two members that were against the proposed change were at one time members of Citizens for Smartgrowth who currently stands to gain the most from this change because it is their lawsuit against the hotel. This change could weaken their case or it could strengthen their case if ARTICLE XI stays the same. Selectman Cook does not believe being a member of Smartgrowth would bar anyone from voting on an issue because they are not personally benefiting. Selectman Eigabroadt disagrees; the benefit for Smartgrowth is they would win their case easier with the article as is than with the proposed change. Selectman Cook disagrees. Chairman Hartman agrees that ARTICLE XI still maintains a maximum of 40,000 square feet. Selectman Cook agrees that he understands that now and asked what the purpose for the change is. Selectman Eigabroadt explained that the change was for clarification purposes in regards to gross floor area; did it pertain to the footprint of the building or all the floors added together? Selectman Cook changed his recommendation on taking a position.

2. ODD FELLOWS BUILDING

Selectman Cook handed out a draft article that the OF Committee is sending to the Warner New Paper. The Odd Fellows Building Committee is beginning an educational effort to inform the voters. Mr. Closs is moving forward with a plan to develop parking for the Odd Fellows Building on property owned by the Moores behind Foothill. The second plan with the school would move the project out another year or more and it is felt that a firm plan for redevelopment needs to be presented to the voters. Selectman Cook understands that there will not be a warrant article asking for Town money.

3. COMMENT ABOUT NON – PUBLIC/WAGES

Selectman Eigabroadt commented that if wage increase proposals are going to be discussed then it is not required to be discussed in a non-public session; if conversations are going to take place about individuals then a non-public is required. Selectman Eigabroadt added that the details surrounding the wage increases have been worked out by the Town Administrator and the Selectmen need only to approve the recommendations presented. If there are employees that are in disagreement with their increases then those circumstances can be dealt with on an individual basis by the Selectmen. Laura explained to the Board that the Town Clerk met with Laura during the week and explained that she believes that discussions regarding individual wage increases do not belong in a non-public forum. The Town Clerk supported her disagreement by a conversation with Town Counsel. Laura has previously spoken with legal representatives at the Local Government Center and confirmed that individual wages can be discussed in a non-public session and had relayed that information to the Town Clerk before the Town Clerk contacted Town Counsel. Laura has an issue about spending town funds to disagree with another town employee instead of coming to Laura and discussing it. The Local Government Center is there at no cost for municipalities to use. Laura does not wish to discuss individual wage increases in a public session; both views were forwarded to the Board for their decision. Laura added that RSA 91-A 3 II (a) when discussing individual wage increases does not give the employee the right to have an open session. Laura also has a concern that Town Counsel, not knowing what was said to him agreed with the Town Clerk. Marianne Howlett added that historically in the Town of Warner wage scales have been discussed in a public forum. Marianne added that a spread sheet was made available to the Selectmen and feels the following applies, Chambers vs. Ray the court held that budget estimates prepared by department personnel in the early fases of preparation of (the State budget) were not financial records exempt from disclosure. Marianne continued that if the Selectmen are looking at the wage steps as a whole as in the past it has been done in a very open process. Laura agreed with Marianne but the spread sheet presented to the Board of Selectmen lists individual employee wage increases not the revised wage scale. Chairman Hartman added that the wage scales are available for public and employees. Laura respectfully asked to be dismissed from employee wage/performance discussions positive or negative in a public forum. Selectman Cook and Selectman Eigabroadt recommended that the Board should only approve the total amount allocated for wage increases and allow the Town Administrator to administer the breakdowns as she feels appropriate. The Selectmen would then only deal with any individual disagreements after they have been filtered through the Town Administrator. Selectman Cook also agrees that the Selectmen as allowed under RSA 91- A can discuss individual wage increases in non-public. Selectman Eigabroadt made a motion to approve the proposed salary increases as presented by the Town Administrator other than her own. Seconded by Selectman Cook. The total recommendation amounts to $34,618.46 including the COLA ($23,000 is allocated for merit the balance COLA). Martha Mical asked if the increases are from January 1, 2007 or from Town Meeting forward. Barbara Annis added that past practice has been effective from vote at Town Meeting retroactive back to the first of the year or effective date of Town Meeting. Vote was taken on the motion. All were in favor. The motion passed unanimously. Laura explained that the employees that are at the top of their scale will receive a COLA, a Department Head has requested a lump sum for an employee who is at the top of their scale as a bonus. Laura asked the Board if they are interested in this request. Selectman Eigabroadt feels that the budget cannot support this request because if one employee who is at the top of their wage scale is offered a bonus then you would need to address others. Selectman Cook agrees. Martha Mical asked since the Board has approved the salary increases is the spread sheet that indicates individual wage increases now public information. Selectman Cook explained that once Laura has met with each employee. Laura added that the spread sheet is a working document. Laura will be addressing the increases with the Department Heads and the employees within next few weeks.

4. NON PUBLIC SESSION

Selectman Eigabroadt made a motion that the Board of Selectmen enter into Nonpublic Session pursuant RSA 91-AII (a) and (c) employee compensation. Seconded by Selectman Cook. A roll call vote was taken. Selectman Eigabroadt – aye, Selectman Cook – aye, Chairman Hartman – aye. Motion passed unanimously.

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

Selectman Eigabroadt moved that the Board of Selectmen come out of Nonpublic Session. Seconded by Selectman Cook. A roll call vote was taken. Selectman Eigabroadt – aye, Selectman Cook – aye, Chairman Hartman – aye. Motion passed unanimously.

Motion to adjourn 7:27 p.m.

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