In Attendance: Chairman Robert C. O’Connor

Selectman John C. Brayshaw

Selectman Edward F. Mical

Recording secretary: Mary Whalen

Public Attendance: Hastings Rigolett, Martha Mical, Neil Cohen, Richard Cook, Mr. and Mrs. Pond

Selectman Mical will be acting Chairman for the Selectmen’s meeting.

Acting Chairman Mical proceeded to open the meeting at 6:30 p.m.

Acting Chairman Mical made a motion to go into non-public session per RSA 91-A: 3,II (c) matters if discussed in public would affect the reputation of any person unless such person requests an open meeting, however this cannot be used to protect a member of the Board. Selectman O’Connor seconded the motion. All were in favor. The motion passed.

Acting Chairman Mical made a motion to close the non-public session. Selectman O’Connor seconded the motion. All were in favor. The motion passed. Selectman O’Connor made a motion to seal the minutes per RSA 91-A; 3, III divulgence of the information would likely affect the reputation of any person other than a member of a Board. Selectman Brayshaw seconded the motion. All were in favor. The motion passed.

Mr. and Mrs. Pond asked the Board about arranging a codicil on a deed relinquishing the Town of Warner from any responsibilities on a Class V seasonal road other than the time that the road is open, and if it could be done after the building permit is approved. Mr. Pond is considering upgrading the road. Selectman Brayshaw asked if the Board wants to require a codicil on the deed because it limits the home site. The Board requested a letter of intent (upgrading of the road or a codicil on the deed) prior to occupancy. Stipulations will be noted on the building permit packet.

Martha Mical met with the Board to discuss and review the duties of a Town Forester. A candidate who is interested in the position will meet with the Board on September 17, 2002 to review the proposed duties.

Mr. Hastings Rigolett met with the Board to discuss the card that was sent out by the Conservation Commission, which asked permission from certain landowners if the Commission may enter onto properties that, the card was sent to. Mr. Rigolett feels the wording of the card is incorrect which could lead to a liability for the Town. There is no proof that the landowners are giving permission to enter the properties. There is only a response if you do not want the Commission to enter your property. Mr. Richard Cook was called and promptly attended the Board’s meeting. Mr. Cook explained to the Board that based on years of experience if people feel strongly, they will send in the no response. Mr. Rigolett asked Mr. Cook how he could prove that he received all the no responses. Mr. Cook explained that there is a color-coded map marked with all the no responses. Mr. Rigolett is concerned if the response is lost in the mail or accidentally miss-placed. Mr. Rigolett explained that there is still a liability with the way the response card is worded.

Mr. Cook assured Mr. Rigolett that the Conservation Commission would not enter anyone’s land without their permission, and the card that was issued gives the landowner the chance to say no. The Board noted a number of residents have phoned the Selectmen’s office stating that they do not want the Conservation Commission on their land and to make sure that the Commission receives their objection. It was recommended that Town Counsel look at the card to make sure the wording is not in violation of anyone’s rights. Selectman Brayshaw asked Mr. Cook if you get to someone’s property and it is posted no trespassing and you did not receive a card what would you do? Mr. Cook had no response. Selectman O’Connor feels there is a certain amount of trust that needs to be acknowledged with what the Conservation Commission is doing. Mr. Cook stated that the Conservation Commission is a volunteer Board with limited resources and they are trying to do the best that they can. The next similar project will be approached differently. Martha Mical asked the Board if they would seek legal advice. The Board will contact the New Hampshire Municipal Association for legal advice. Selectman Brayshaw asked again if there was a no trespassing sign posted and a card was not received, how the Commission would handle it. Mr. Cook stated that the Commission would then make a phone call to the landowner. The Board thanked Mr. Cook for coming in on such short notice.

New windows will be installed at the Old Graded School this year. There will be approximately fifteen new windows. Selectman O’Connor made a motion to replace all the windows of the top floor of the Old Graded School for budget year 2002. Selectman Brayshaw seconded the motion. All were in favor. The motion passed. Martha Mical expressed a concern to the Board that the money may have been spent for the windows. The Board checked the updated budget for available funds and there is money available.

Selectman O’Connor made a motion to use Rymes Propane for the 2002 – 2003 heating season. Selectman Brayshaw seconded the motion. All were in favor. The motion passed. A letter will be sent to Rymes Propane noting the bid acceptance from the Board.

Selectman O’Connor is still waiting word from the Crime Line to see if he may be the Liaison.

Acting Chairman Mical informed the Board that he Highway Department received a request from the Fire Department in reference to the dredging of the Warner River for the pump site.

The Board reviewed a list of recommendations from the Zoning Board for two alternate positions. Selectman O’Connor made a motion to contact Phil Stockwell and Alice Chamberlin to meet with the Board on September 17, 2002. Acting Chairman Mical seconded the motion. All were in favor. The motion passed.

Selectman O’Connor discussed a work program for an individual in Town that is challenged. The Board will contact Department Heads for their input regarding available work for this individual. The Board will further discuss this subject on September 17, 2002.

Selectman Brayshaw informed the Board that there is more activity at the Azmy/Richard property. There has been a No Trespassing sign posted in the Town right-of-way area after a letter stating any further occurrence in the right-of-way would result in fines. Selectman O’Connor would like a chance to talk to the property owners. Acting Chairman Mical informed the Board that a concerned citizen noted the number of vehicles that are parked close to Route 103 and the possible dangers. Selectman Brayshaw reviewed the letter that was sent to both property owners. The letter that was sent did not focus on "any activity". Chairman O’Connor stated that the activity on Route 103 is a State issue. The Board will put together a letter regarding its position towards the two properties; it now is a civil issue.

The Board signed a request to release the money collected by the Tax Collector for the Water Precinct.

Selectman O’Connor made a motion to accept the July 13, 2002 Selectmen’s minutes with corrections. Acting Chairman Mical seconded the motion. All were in favor. The motion passed.

Selectman O’Connor made a motion to accept the August 6, 2002 Work Session minutes. Selectman Brayshaw seconded the motion. All were in favor. The motion passed.

Acting Chairman Mical made a motion to accept the August 13, 2002 Selectmen’s minutes. Selectman Brayshaw seconded the motion. All were in favor. The motion passed.

September 3, 2002 Meeting Minutes

Acting Chairman Mical made a motion to accept the August 13, 2002 non-public session minutes. Selectman Brayshaw seconded the motion. All were in favor. The motion passed.

The Board signed the Community Development Block Grant for the Water Precinct.

Selectman O’Connor made a motion to adjourn at 8:17 p.m. Acting Chairman Mical seconded the motion. All were in favor. The motion passed.

Robert C. O’Connor

John C. Brayshaw

Edward F. Mical – Acting Chairman