Chairman O'Connor opened the meeting at 6:00 p.m., in attendance is Selectman Robert C. O'Connor – Chairman, Selectman John C. Brayshaw, Selectman Edward F. Mical along with members of the public.

Recorder of the minutes is Mary Whalen.

Selectman Mical made a motion to close the Selectmen’s meeting and open the public hearing. Selectman Brayshaw seconded the motion. All were in favor. The motion passed.

Selectman Mical presented a written statement from Mr. Allan Brown (Public Works Director) for the Board review. Mr. Brown accepts the upgraded short section of East Joppa Road that has been reconstructed by Mr. Brian Erickson for Mr. George Chase to a Class V road.

Sue Bliss asked the Board to clarify the process for upgrading a road.

Selectman Mical explained that Mr. Chase met with the Board to receive direction on upgrading a Class VI road. From the direction of the Board a public hearing was scheduled in order to notice the abutters of the upgrade and to give the abutters a chance to voice their concerns and also to review the plans for the upgrade. During the public hearing it was then voted by the Board to allow Mr. Chase to upgrade a section of East Joppa Road. The road remains a Class VI road until the Board votes to accept it as a Class V.

Steve Paquin asked the Board. "What law dictates that the Road Agent sets the rule as to what is and what isn’t a Class V or Class VI road?" Selectman Mical explained that State Law determines the class of a road. Mr. Paquin reminded the Board that at the Public Hearing he presented to the Board a State Law that allowed the use of a Class VI road as access to a property. Selectman Brayshaw commented that the Road Agent does not dictate the rules in regards to Class V and Class VI road. The Board referred to the Class VI Road Town Policy that states in short that no one may build a home on a Class VI road without first upgrading the road.

Mr. Paquin commented that if the road is to become a public road maintained by the Town the process requires the citizens of said Town the decision as to whether the road is reclassified. There was discussion between the Board members as to the correct procedure for accepting an upgraded road. Selectman Mical commented that there is an RSA allowing Board of Selectmen to accept roads. Chairman O'Connor clarified further that the Pubic Works Director does not determine what road is upgraded; the Board of Selectmen determines that through a Public Hearing, the Public Works Director oversees the engineering plan of the road. Further research will be completed for the next Selectmen’s meeting.

Mr. Paquin commented that there are procedural steps that need to be followed regarding road upgrades especially in the more pristine areas of Warner, and it’s the responsibility of the Board of Selectmen to have a consensus on all road upgrades.

Mr. Paquin asked the Board what the procedure is after this Public Hearing. Chairman O'Connor explained that normally at the close of public comments the Board would close the public hearing and make a decision to accept or not accept the road. Due to the concerns that have been brought to the Boards attention the hearing may take a different form. Mr. Paquin asked if this road upgrade would be on a Warrant Article for Town Meeting. Chairman O'Connor stated that the Board will further research the Revised Statutes Annotated (RSA) to determine if a Warrant is needed.

Selectman Brayshaw made a motion to close the Public Hearing and to re-open the Selectmen’s meeting. Selectman Mical seconded the motion. All were in favor. The motion passed.

The Board will verify Revised Statutes Annotated (RSA’s) on road upgrades. A final decision will be made on February 11, 2003.

Selectman Brayshaw made a motion to conditionally accept the section of East Joppa Road that has been upgraded by Mr. George Chase as a Class V road as long as the Board has the authority to do so without consent from the voters at Town Meeting. Selectman Mical seconded the motion. All were in favor. The motion passed.

The Chase’s will be notified by letter as to the Boards decision after researching the Revised Statutes Annotated (RSA’s) on road upgrades.

Martha Mical, Assessing Clerk met with the Board to discuss a procedure for the payment of the Forester. The Board of Selectmen want all intents-to-cut to go to the Forester who in turn will go out to do the matrix, return the matrix along with the billing to the Assessing Clerk who will then turn the billing into the Board of Selectmen for processing. Selectman Mical made the motion for all intents-to-cut to go to the Forester who will complete the matrix and return the matrix to the Assessing Clerk for processing. Selectman Brayshaw seconded the motion. All were in favor. The motion passed.

Judith Rogers, Town Clerk met with the Board to address a question. Mrs. Rogers asked the Board to address the salary issues and respond to the fact that the money was not put back in the budget, (originally cut by the Budget Committee), and why the Selectmen’s representative to the Budget Committee does not respond to the Budget Committee? Chairman O'Connor explained that the Budget Committee has not approved the final budget, a work session for the Budget Committee is scheduled for February 6, 2003 and the public hearing is on February 10, 2003. Chairman O'Connor stated that if the money that is needed is not put back into the budget the Board of Selectmen would then turn to the voters for their support.

The Board of Selectmen approved a request for prior service to the NH Retirement Fund for the Finance Director. The Finance Director would like to buy back the time prior to the current retirement program (20 months). The Finance Director is asking the Board if the Town is willing to pay their portion into the retirement fund (not required). A cost calculation will be forwarded to the Finance Director for the 20 months from the NH Retirement Fund. Selectman Mical made the motion for the Finance Director to further pursue the calculations for the service credit and that the Board is willing to purchase the service credit. Selectman Brayshaw seconded the motion. All were in favor. The motion passed.

On February 1, 2003 the Board of Selectmen held a work session. At that work session a motion was made and passed to provide the Fire Chief and the Daytime on-call weekday EMT a full time benefit package and compensation through the Town of Warner. Two Petition Warrant Articles were received on February 4, 2003 for the Fire Chief and the EMT. The reason the Petition Articles were submitted after a motion was made by the Board of Selectmen was because it was informed that the Budget Committee may not provide the funding for the benefits in the Fire Departments budget. Selectman Brayshaw commented that the role of the Budget Committee is to review a budget, not to judge the decision making process of the Board of Selectmen. There was a question as to whether the Petitions can be withdrawn because of the previous motion to provide benefits, or withdraw the motion because the Petition was submitted. Judith Rogers, Town Clerk will verify with the Secretary of State for clarification. The Board of Selectmen will submit a Warrant Article for the benefits for both the Fire Chief and the EMT and ask for the money to be added to the Fire Department budget. If the Warrant passes at Town Meeting the Petition Article may be passed over by the Moderator.

The Board approved:

Town Hall Rental

Home Occupation permit

George Saunders, representing Parks & Recreation met with the Board to inform them that the bon fire for the Winter Carnival will not be allowed at the Riverside Park. Mrs. Pelliterri has asked Parks & Recreation to reconsider their decision. The safety of the children, smoke conditions toward Route 89, and the liability toward the Town of Warner is a concern from all. Mrs. Pelliterri is willing to coordinate with the Fire Department to have a qualified fire person on site. A Hold Harmless Agreement will be made available for Simonds School to sign which will release the Town of Warner from any liability during the Winter Carnival with a stipulation that a qualified fire person will remain on site.

Selectman Brayshaw made a motion to appoint Nancy Martin as an Alternate to the Conservation Commission. Selectman Mical seconded the motion. All were in favor. The motion passed.

Selectman Brayshaw made a motion to accept the resignation of Pamela Muslow from the Planning Board. Selectman Mical seconded the motion. All were in favor. The motion passed.

The Board of Selectmen reviewed the Warrants and the submitted Petition Articles (on file).

The Board reviewed correspondence that was received during the week.

Selectman Brayshaw made a motion to adjourn at 8:30 p.m. Selectman Mical seconded the motion. All were in favor. The motion passed.

Robert C. O'Connor - Chairman

John C. Brayshaw

Edward F. Mical