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Warner Board of Selectmen Meeting Minutes January 22, 2008 Meeting opened at 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 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 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
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