Chairman Mical opened the meeting at 6:00 p.m.; in attendance were Selectman Edward F. Mical – Chairman, Selectman John C. Brayshaw, and Selectman Allen C. Brown, along with members of the public.

Recorder of the minutes is Mary Whalen.

First order of business was the continuation of the March 18, 2003 Public Hearing, (proposed layout of 131 feet of a Class VI road known as Cunningham Pond Road per RSA 231:28). Chairman Mical took this time to summarize what has transpired up to this point.

The Board of Selectmen received a petition from Eugene Moran to upgrade 131 feet of Cunningham Pond Road classified as a Class VI road.

Following the petition, it was noticed in a newspaper and sent out certified return receipt to the abutting property owners.

The initial Public Hearing started on February 25, 2003. At that meeting it was voted to continue the meeting until March 4, 2003.

The Board of Selectmen visited the site on March 7, 2003; this would have been Selectman O’Connor, Selectman Mical and Selectman Brayshaw, along with the Director of Public Works.

The Public Hearing was continued until March 18, 2003, during this period there was a change in Selectmen. Selectman Allen C. Brown was brought to visit the site along with the Director of Public Works.

After March 18, 2003 it was voted to continue the hearing until April 1, 2003.

Chairman Mical addressed Mr. Moran indicating that Mr. Moran was not in favor of placing a conservation easement on his property but is willing to put a restriction on his deed for no further sub-division of the land. The Selectmen did receive some wording proposing a deed restriction from Mr. Moran’s attorney. The Selectmen in turn sent wording back to Mr. Moran’s attorney that was more conducive to what the Selectmen wanted to see on the deed to assure no further sub-division of the land.

Mr. Moran proposed to the Board not to upgrade the road and to use a breech in the stone wall as an access to the land, also he would record on the deed relinquishing the Town from supplying any services.

The Board of Selectmen was not in favor of this proposal due to the Class VI road policy that does not allow any building, or structure on a Class VI road.

Chairman Mical asked Mr. Moran if he would like to pursue the original petition. Mr. Moran said yes.

Chairman Mical read to the audience a response from Town Counsel (on file) regarding the petitioned road upgrade by Mr. Moran.

The fundamental authority of the Board of Selectmen in this matter is conferred by RSA 231, which constitutes the specific regulatory scheme applicable to the layout, discontinuance of municipal highways; and takes precedence over the general authority over Town property conferred in RSA 41:11, (i.e., buildings and cemeteries) and the use of Town maintained highways conferred by RSA 47:17 (i.e., parking and traffic controls). It is little wonder that the provisions of RSA 231, which hark back to the horse-and-buggy era, still inspire confusion. It may be useful to your understanding to begin with some of the basic statutory terminology.

The principal statutory layout is authorized by RSA 231:8, which specifies that "Selectmen of a Town upon petition may layout any… Class V or Class VI highway or alter any such existing highway within their town for which there shall be occasion". The essential elements are a petition and a finding by the Selectmen that there is a public purpose for the layout. The succeeding sections of the statute provide that, unless you are clearly of the opinion that the petition ought not to be granted, you will give at least thirty (30) days notice to the first petitioner and to each owner of land over which the highway may pass. The costs of title examination and notice shall be borne by the petitioners in the event of the highway is to be reopened was to be discontinued subject to gates and bars. The hearing shall be accompanied by a personal examination of the proposed highway by the Selectmen, and if you deem it appropriate you may layout the highway over any ground you deem most suitable.

Accordingly, it is our opinion, based on facts presented that the procedure you have adopted is valid and proper, with the exception that any hearing on the conditions of the RSA 231:8 layout should precede the approval of the layout and any construction pursuant thereto. The articulating Policy appears to be correct in this regard. We recommend your review of the applicable portions of RSA 231 identified above to assure your Policy and procedure in these matters be and remain in conformity with your statutory authority.

Mr. Paquin asked the Board if there is any consideration for a turn around. Selectman Brayshaw explained that the road crew currently backs up into Colby Lane.

Mr. Cook asked the Board for clarification regarding the deed restriction for Mr. Moran. Will the deed contain the language that was provided from the Town of Warner? Chairman Mical stated that the language has been forwarded to Mr. Moran’s attorney and will be contingent to the approval.

Selectman Brayshaw made a motion to allow Mr. Eugene Moran to upgrade 134 feet of a Class VI road known as Cunningham Pond Road to a Class V road. Conditions are as follows; The 134 feet of road will be upgraded by the instructions of the Director of Public Works (on file), Mr. Eubank placing a Conservation Easement (Society of Protection of NH forests) on his property located at Map 8 Lot 29, Mr. Moran recording and registering the deed subject to a restrictive covenant as follows:

After all terms are met along with the acceptance of the road upgrade, Mr. Moran will be allowed to apply for a building permit for Map 9 Lot 41. Selectman Brown seconded the motion. All were in favor. The motion passed.

Chairman Mical closed the Public Hearing.

The Board of Selectmen signed an agreement with Mr. Eubank to follow through with the conservation easement.

Derek Pershouse, met with the Selectmen to discuss the structure of the Planning Board membership. There are two issues, 1. Representation to the Planning Board from a member of the Conservation Commission. 2. Chairman to the Planning Board. Chairman Mical commented that the Planning Board has a vacancy and recommended moving an alternate to a full member. Selectman Brayshaw commented about the Planning Board’s decision to allow Aubuchon Hardware to have a dumpster that is not screened. It should be noted that all dumpsters in that area are screened. That area already has a trash problem. Mr. Pershouse recommended to Selectman Brayshaw to re-visit that decision at the next Planning Board meeting. Mr. Pershouse will forward membership decisions after the Planning Board meets on April 7, 2003.

Marianne Howlett, Tax Collector, met with the Board and presented to them the properties that may be deeded on May 5, 2003. Mrs. Howlett explained to the Board that she needs a list of properties in the Pleasant Lake Camp Ground because the camp ground is leined differently and also how the Board will be billing the camping area for the revaluation. Also, Mrs. Howlett needs a list of properties that have cell towers.

Barbara Chellis, met with the Board to inform them that the Kearsarge Children Center is planning a town wide yard sale on September 13, 2003.

The Board of Selectmen reviewed the final draft of the Selectmen’s responsibilities, changes were made, and the final draft will be corrected on forwarded to the Selectmen.

Selectman Brayshaw made a motion to appoint John Dabuliewicz as an alternate to the Conservation Commission. Chairman Mical seconded the motion. All were in favor. The motion passed.

The Board briefly discussed the formulation of a Road Committee. The Planning Board’s role regarding roads was discussed. Chairman Mical commented about RSA 231 stating that it is the Director of Public Works that is responsible for the roads in Town.

Chairman Mical made the motion to appoint Selectman Brayshaw as a representative to the Highway Safety Commission. Selectman Brown seconded the motion. All were in favor. The motion passed.

The Board discussed final payment to E & R Cleaners. Selectman Brayshaw made a motion to pay the balance of $683.00 to E & R Cleaners the conclusion of the Transfer Station uniform rental. Selectman Brown seconded the motion. All were in favor. The motion passed.

Chairman Mical presented a proposal from Colonial Alarm for a security system in the Town Hall. Chairman Mical recommended putting the Town Hall, Highway Department and the Police Department on this contract along with a panic button for the Town Clerk’s office. Judith Rogers commented to the Board that the money that was originally in her budget for the security alarm for the Town Clerk’s office was deducted during the budget process. Chairman Mical made a motion to change over the monitoring of the Town Hall, Highway Department and Police Department along with the panic button for the Town Clerk’s office to Colonial Alarm, per the submitted quote of $1,090.00. Selectman Brown seconded the motion. All were in favor. The motion passed.

The Board of Selectmen signed a resolution of level funding for the Land and Community Heritage Investment Program (LCHIP).

Chairman Mical asked the Board to move forward with the purchase of a generator that has been awarded funds through the New Hampshire Department of Safety, Division of Fire Safety and Emergency Management. Selectman Brayshaw made a motion to move forward with the generator that will be purchased with Federal funding. Selectman Brown seconded the motion. All were in favor. The motion passed.

Chairman Mical informed the Board as the Emergency Management Director, that in the fall of 2002, Central Regional Planning Commission created a Hazard Mitigation Plan for three communities. Another grant has been issued for 2003 from Emergency Management through FEMA, for three more communities to create a Hazard Mitigation Plan. Chairman Mical informed the Board that Warner has been accepted as one of the communities. The FEMA regulations have been amended stating as of November of 2003; if a community wants to participate in a mitigation measure the community must have a Hazard Mitigation Plan in place.

Chairman Mical as Emergency Management is working with Simonds Elementary and will be doing an exercise with the school personnel in April 2003, and in May of 2003 Chairman Mical will follow up with an exercise with the school and the Town’s emergency personnel. Chairman Mical had a meeting with the Red Cross who is visiting communities to identify potential shelters. A survey was completed on the Town Hall, Simonds School and Harris Lodge.

The Board of Selectmen rescheduled the April 15, 2003 Selectmen’s meeting to April 17, 2003 and the April 22, 2003 Selectmen’s meeting to April 24, 2003.

The Board discussed the "Growth Meetings" that were held on the third Tuesday of every month. Chairman Mical informed the Board that the Planning Board is now taking on the growth concerns during the Planning Boards work session’s that is held on the third Monday of each month at the Pillsbury Free Library at 7:00 p.m. A Public Notice will be issued noting the change in location at the lower meeting room of the Town Hall.

Chairman Mical informed the Board that he has contacted prior members that served on the Wage Study Committee. The members have expressed an interest to re-serve on the Committee. There has been a notice published soliciting volunteers with an April 7, 2003 deadline.

The Board discussed up and coming road issues. There are some roads that need to be re-looked at (Bean Road).

Judith Rogers asked the Board when the security system would be installed. Chairman Mical will notify Colonial Alarm for a time schedule.

Barbara Annis commented that a cell tower has been approved on Kelley Hill Road which is a Class VI road. Mrs. Annis noted that the Planning Board waived the upgrading of the road because it was not a building that is lived in; it would be a structure that is visited once a month.

The Board signed the following:

3 Current-Use applications

4 Intents-to-cut

1 Warrant

1 Building permit

Approved a reimbursement

Letter regarding payment of property damages

Reviewed correspondence

The Trustees of Town Cemeteries met with the Board to inquire about a Grant Writer who will help find funding for the restoration of headstones.

Selectman Brayshaw made a motion to adjourn 9:10 p.m., Chairman Mical seconded the motion. All were in favor. The motion passed.

Edward F. Mical – Chairman

John C. Brayshaw

Allen C. Brown