Warner Board of Selectmen

Meeting Minutes

January 22, 2008

 

Meeting opened at 6:00 p.m.

In Attendance:   Selectman David E. Hartman – Chairman

Selectman Richard A. Cook

Absent:             Selectman Wayne Eigabroadt

Recorder of the minutes is Mary Whalen  

Others Present: 

Laura Buono – Town Administrator

Dianne Bischoff – Pillsbury Free Library Trustee

Nancy Ladd – Librarian

Ed Mical – Emergency Management

Mary Whalen – BOS Secretary

Frederick Moe – Resident

Ron Wirth – Resident

Richard Senor – Resident

Ken Hazen – Resident  

1. Pillsbury Free Library – Sidewalk Maintenance

Library Trustee Dianne Bischoff explained that the sidewalk plow when it passes over the sidewalks in front of the library packs down the snow making the conditions hazardous for patrons and is asking if the Town could alleviate the situation.  There is also a concern about how uneven the sidewalks are which may contribute to a tripping hazard.  Chairman Hartman explained that the Director of Public Works will be consulted regarding the Trustees concerns.  Ms. Bischoff asked if there is a snow blower for the sidewalks instead of a plow.  Chairman Hartman explained that the apparatus used is actually a snow blower. There have been some break downs this season but it is believed that the equipment is now in good working condition.  Nancy Ladd explained during the sidewalk cleanups she has never seen the auger in operation, the snow is always being pushed and packed down.  Ms. Buono asked if it would be easier if the sidewalks are not plowed around the library so who ever does the clearing for the library will be able to clear down to the surface of the bricks.  It is not clear if the current equipment has the capability for thorough clearing because of the uneven surface.  Ms. Buono will contact the Director of Public Works who will then meet with the Librarian about her concerns.  

Ron Wirth added he broke his leg four years ago in two places because of not being able to walk on the sidewalks.  Mr. Wirth studied the sidewalks and presented a report to the Selectmen’s office explaining how to correct the arch that has developed over time.   

Ms. Bischoff asked if the Library Director could be included in the Emergency Response Plan.  

2. Hazard Mitigation Plan Update - Grant

Emergency Management Director Ed Mical presented paperwork to the Selectmen to sign that accepts a grant in the amount of $4,572.50 which represents 50% of the cost to update the Hazard Mitigation Plan by Central NH Regional Planning Commission.  Part of the balance has been encumbered in the Emergency Management budget.  Selectman Cook made a motion to accept the Emergency Management Performance Grant contingent upon Governor’s Council approval in the amount of $4,572.50.  Chairman Hartman seconded the motion.  All were in favor, the motion passed.  

3. Recorded Meetings - Policy

Mary Whalen explained meetings that are recorded such as Budget Committee, Selectmen’s meeting, Road Committee have been stored for 6 months and then erased and reused. This has been in practice for a number of years established by a past Board of Selectmen.  Recently Ms. Whalen requested meeting tapes from the Recycle Committee; the Committee chair declined the tapes based on advisement he received from his attorney.  Ms. Buono asked the Selectmen if they wish for this policy to remain, and should the Selectmen require all committees to tape the meetings and return the tapes to the Selectmen’s office. It is not required by State Law to record any meeting.  Selectman Cook asked if the meetings are being taped with Town equipment; if so, the tapes should remain in the Selectmen’s office.  Selectman Cook said originally, recording the meetings was to facilitate Ms. Whalen in creating the meeting minutes.  Ms. Whalen, at first was producing the Recycle Committee’s meeting minutes; the Committee is now creating the minutes.  Selectman Cook asked Mr. Senor if he is acting in his official capacity as chair, or acting as an individual citizen.  Mr. Senor said he is acting as an individual for the volunteer that is producing the minutes.  Selectman Cook said by that definition the volunteer is creating the minutes in an official capacity.  Mr. Senor said “however it goes” he is not handing over the tapes and would also like the tapes back that he has purchased (Mr. Senor was offered the use of Town equipment but declined).  Mr. Senor offered to copy the tapes on CD.  Chairman Hartman said if the recordings are being used to create the minutes then in his opinion the tapes fall into the same category as the other tapes that are stored.   

Selectman Cook said to Mr. Senor that the Recycle Committee serves at the pleasure of the Selectmen.  Mr. Senor interjected by saying “absolutely, the Board has met with Town Counsel to find out if he could be removed from the Committee”.  Selectman Cook said to Mr. Senor that it’s coming to a point where he is an obstacle rather than trying to work cooperatively with the Selectmen.  Selectman Cook thinks Mr. Senor has a personal agenda that he is pushing and does not feel it is in the best interest of the Town.   

Selectman Cook feels any meeting taped with Town equipment or someone taping a meeting in their official capacity should remain in the Selectmen’s office.  Mr. Moe asked if there is a written policy.  Ms. Buono explained that through a motion of a past Board the tapes are retained for six months. There is no written policy because not all committees tape their meetings.  Ron Wirth asked how many committees serve the Board of Selectmen.  Selectman Cook explained there are four advisory committees that serve the Board of Selectmen, Recycle, Road, Transfer Station Facility and Energy Committee.  Nancy Ladd added if a policy is going to be created it should address how the minutes will be created when the person creating the minutes is not in attendance of the meeting. Chairman Hartman concluded the conversation by tasking Ms. Buono with the creation of a policy.  

Mr. Hazen asked if the court system would accept the transcription version or the recorded version.  Ms. Buono explained that typically if the tape exists then the recording is also entered as evidence.  If the tape no longer exists then the transcribed minutes are the certified copy.  Mr. Hazen added that there could be confusion from using only a tape when creating the minutes especially when people begin to talk over each other.  If the transcriber attends the meeting what is actually said could be understood.  Chairman Hartman explained as the Chair he is in charge of keeping order in the meeting.  

Mr. Moe confirmed that the policy will be brought forward at a future Selectmen’s meeting.  

4. Certificate of Zoning Compliance

Ms. Whalen brought forward information within the Zoning Ordinance requiring a Certificate of Zoning Compliance for all building permits.  This certificate process stopped sometime after 1995.  The current process includes the review of the Zoning Ordinance with each property but does not include the certificate.  The certificate ensures that the owner of the property has read or has been advised of the Building Code and Zoning Ordinance and by signature agrees to abide thereof.  Selectman Cook made a motion to authorize Mary Whalen as the signature on the Certificate of Zoning Compliance until rescinded by a future Board of Selectmen.  Chairman Hartman seconded the motion.  All were in favor.  The motion passed.  The Board approved the updated certificate as presented.  

5. Town Administrator’s Report

Nonpublic Minutes – There are various sets of sealed nonpublic meeting minutes that can be considered for unsealing.  Ms. Buono will have a folder of these minutes available for the Board to review and initial for unsealing.  Once each of the Selectmen have read them and acknowledged that they may be unsealed, they will begin to be listed on the agenda for that purpose.  

Fire Truck – A note was received from Fred Hill of the Fire Department stating that they expect delivery of the new vehicle to be by the end of January.  

Town Hall Tree – The Warner Business Association has offered to purchase a new 8’-10’ tree for the front of the building if the Town will take care of removing the tree that is currently there.  In speaking with Allan Brown, he has confirmed that his crew can take down the tree as they did the other one. Selectman Cook recommends waiting until the minutes are published to see if any comment is received from the public.  

Police Department – Chief Chandler currently has a candidate that is going through the hiring process for the vacant full-time Officer position.  The Chief expects to bring the candidate before the Board in February barring no problems with any of the steps. The candidate is already certified.  

Bridge Report – DOT has sent the annual bridge report and a separate report for Bartlett Loop due to the deteriorated structure.  It was reported last year that the bottom of this structure had rotted out.  At this point, Allan is watching it and if the time comes where it is unsafe to travel on, that portion of the road will be closed.  

2007 Budget – With the final expenses being paid for 2007, approximately $25,000 is left in the bottom line which will go into the surplus.  The additional ambulance expense was paid out of the 2007 budget as was more salt due to the demand on our supply during December.   

6. Manifest

Selectman Cook made a motion to authorize the Selectmen to sign the manifests and order the Treasurer to sign payroll check numbers 40743-40784 dated 01/15/2008 totaling $31,671.78 and accounts payable check numbers 40785-40787 dated 01/15/2008 in the amount of $10,596.24 and 40788 – 40822 dated 01/16/2008 totaling $34,332.90, 40823-40860 dated 01/22/2008 totaling $26,286.84.  Chairman Hartman seconded the motion.  All were in favor.  The motion passed.  

7. Meeting Minutes

Selectman Cook made a motion to approve meeting minutes dated January 9, 2008 , motion was withdrawn until a full Board is in attendance.  

8. General Business

Chairman Hartman and Ms. Buono met with Concord Regional Co-op representative Liz Beddard.  Ms. Beddard has been charged by the co-op to do an analysis on single stream recycling.  The draft report shows that there would be some savings on two different types of options.  Ms. Beddard was asked to do another comparative to see if it would be practical to use the current compactor for the recyclables.  Once the draft is finalized the information will be made available.  Selectman Cook asked what the cost is for a second compactor.  Chairman Hartman said the cost is approximately $60K.  Ms. Beddard will find out if the $60K includes installation.  Selectman Cook asked if the co-op is still exploring single stream recycling as a viable option.  Chairman Hartman said the co-op is serious about single stream being a viable option.  It is believed because the co-op is dominated by the larger communities’, places such as Concord , Laconia , Franklin , and Gilford would find dealing with a single stream operation easier.  A decision point for the co-op will be sometime in May 2008.  

Ron Wirth asked if recyclables would still need to be separated from the trash in the single stream process.  Chairman Hartman said yes, one compactor would be for all recyclables the other for trash.  

Motion to adjourn 7:20 p.m.  

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