Meeting opened at 6:00 p.m.

In attendance: Selectman Wayne Eigabroadt – Chairman, Selectman David E. Hartman and Selectman Richard A. Cook

Recorder of the minutes is Mary Whalen

Others present:

Linda Mueller – resident Anthony Mento - resident

John Brayshaw – R.C. Brayshaw Co. Inc. George Pellettieri -resident

Karen Sally – R. C. Brayshaw Co. Inc. Intertown Record

Alan Wagner – resident

Paul Proulx – resident

Linda Mueller met with the Selectmen regarding the currently increased activity on Map 3 Lot 88-1. Mrs. Mueller has submitted documentation supporting the activities of parked commercial vehicles along Route 127 and overnight in the property owner’s yard. The Town of Warner earlier in the year filed for a cease & desist order, a motion to enforce was granted. The Town of Warner had 30 days to enforce the order if the property owner did not comply. The property owner did comply, but has recently begun the commercial activities again. Mrs. Mueller requested that the Board of Selectmen take immediate action toward the activities. Chairman Eigabroadt explained that the Selectmen need to consult with Town Counsel on the continued process, does a letter noting the violation of the court order need to be sent to the property owner or can the Selectmen immediately file for a motion of contempt and issue fines. Selectman Cook will seek Town Counsel advisement on the term "storage of vehicles" versus "parking of vehicles". On September 13, 2005 at the Department Head meeting, the Selectmen asked the Police Department and the town crew to document any commercial vehicle activity at Map 3 Lot 88-1. The Selectmen asked Mrs. Mueller to continue forwarding the activity documentation.

John Brayshaw and Karen Sally, representatives from R. C. Brayshaw Co. Inc., met with the Selectmen regarding an approved Storage Container Permit. There is a storage container situated on the Newmarket Road site. Mr. Brayshaw asked who complained about the container and was it submitted in writing. The Selectmen explained that Mr. Proulx contacted Selectman Cook by phone. During a public meeting Mr. Wagner stated that there was a storage container positioned at the Newmarket site, it was noted and recorded in the meeting minutes. Mr. Brayshaw stated that it has been passed Selectmen’s Policy to receive complaints in written form with a signed signature. The Selectmen explained that a motion approved the container permit that was signed by the Board for a renewal at the Waterloo site not the Newmarket site. The secretary explained that when the permit was submitted she understood the permit to be a renewal for the Waterloo site and submitted the paperwork as such. The paperwork did indicate the Newmarket address but was overlooked by the secretary and the Board members; there is no building or mail received at the Waterloo site. The main topic of this meeting is to clarify with R.C. Brayshaw that they do not posses an approved container permit for the Newmarket site only for the Waterloo site. Town Counsel has been consulted and advised the Board that due to the court order on the Newmarket site, the Board does not have the authority to approve a container permit. The burden of proof is now the responsibility of R. C. Brayshaw Co. Inc.; based on Town Counsel’s advice, if the applicant can demonstrate that a storage trailer was permitted by the site plan approval and authorized by the Superior Courts decision in the Brayshaw case then a reapplication may be considered by the Board of Selectmen. The storage containers are considered a physical expansion of the business; the court order prohibits any physical expansion. Mr. Brayshaw stated for the record; if you open the storage container and saw items from my home would that be considered physical expansion of the business. Chairman Eigabroadt explained that it is a storage container on R. C. Brayshaw Co. Inc. property and it would be determined as a physical expansion. Mr. Brayshaw commented that he is aware of a least five business’s in Warner that have variances stipulating what is/is not allowed. If there were five other businesses in Warner that had a variance as well as being in residential areas, or colleges, or things of that nature, are they in turn, when nothing is written in a court order about storage containers not being permitted, is it safe to say Warner Power in a residential area or Mesa International or some of these other companies are not allowed containers? R.C. Brayshaw wants to do what is right, 100%. The reason the container is there is because we are getting ready to move. We are waiting for the contractor, we are moving racks out, the other container is storing paper. So, is a company, any company not allowed to move to another location by storing things and sorting things in their shop to get to that point if they are going to do it within six months? We are physically getting ready to move, should I buy an eighteen wheel delivery truck and park it back there, there is nothing that says that R. C. Brayshaw can’t have a delivery truck, can I buy an eighteen wheeler with a cab and park it back there? Can I do that? The Selectmen responded "not to my knowledge." Mr. Brayshaw continued; it doesn’t say anything in the ordinance about not being able to have a delivery truck. The Selectmen asked if they would be used for storage. Mr. Brayshaw replied that they would be used for deliveries between Hanover, Lebanon and Warner locations. I’m just asking questions of the Board. Chairman Eigabroadt answered that the questions are hypothetical. When the situation arose, and you put the trucks out, the Board would seek legal advice, as far as the other five businesses in Town we are not dealing with them, right now, we are dealing with R.C. Brayshaw Co. Inc., if you feel other business’s are getting away with stuff then go through the appropriate channels and the Board will deal with it but right now, this is not a court, the Board is trying to to give you our decision on what happened. The Board was under the impression that the container permit was a renewal. The Town Attorney, in his opinion, says that the court order and the stipulation specifically says that a storage container is not allowed. Town Counsels suggestion is to have your attorney show the Town where it says that you can have a storage container. Ms. Sally commented that R.C. Brayshaw submitted in good faith for approval by the Board of Selectmen a permit for a storage container on 29 Newmarket Road. This has cost the company a good deal of money. Ms. Sally commented that she feels that the company is being attacked, singled out and harassed. Selectman Cook argued the comment about being attacked; under the court order the Board of Selectmen do not have the authority to issue a container permit. R. C. Brayshaw Co. Inc. made agreements in the site plan to have no further additions or expansion of the physical facilities. Ms. Sally asked if the Town of Warner will reimburse R. C. Brayshaw for all the costs incurred. Chairman Eigabroadt explained that the Town is not responsible for the costs because the permit that was granted was for the Waterloo site. Mr. Brayshaw asked if they remove the storage container and cover the racks with a blue tarp is there a problem with that? The Selectmen advised Mr. Brayshaw to contact their attorney. The Board of Selectmen closed the discussion by leaving the burden of proof with R. C. Brayshaw Co. Inc. A letter will be sent requesting the removal of the storage container that is located on the Newmarket site. A letter will also be sent acknowledging the planting of the buffer zone as indicated on the site plan.

Ms. Sally asked the Selectmen who reported that there was equipment operating in the addition that was constructed in 2001. Chairman Eigabroadt explained that it was Alan Wagner. Mr. Wagner explained that it was not a complaint; it was curiosity, Mr. Wagner asked the Selectmen to verify that the addition was not being used for anything other than storage.

Mr. Wagner commented that since the buffer zone has been planted, the R.C. Brayshaw van is being parked just past the buffer zone, Mr. Wagner understood that the site plan indicated designated parking. Mr. Wagner asked the Board to ask Mr. Brayshaw to park the van in the designated parking. Chairman Eigabroadt asked whose property is the van on. The van is being parked on R. C. Brayshaw property with that said Chairman Eigabroadt commented that in good faith he could not ask R.C. Brayshaw to park elsewhere on their own property. Mr. Proulx addressed the Board and commented that if the court decision is read, there is to be adequate buffering year round to screen completely the facilities and the operation, which includes the truck.

Selectman Hartman made the motion to approve meeting minutes and work session minutes of August 16, 2005, meeting minutes and work session minutes of August 23, 2005 and meeting minutes dated September 6, 2005. Selectman Cook seconded the motion. All were in favor. The motion passed.

The Selectmen briefly discussed scenarios for the Town Administrator’s office. Further discussion will continue at a later date. The Selectmen met earlier today with a representative from the Local Government Center, 23 applications were presented to the Board for their review. The LGC made 5 higher recommendations from the applicants. The Board will invite two additional members to assist with the interviews, one will be from the Budget Committee and one from the private sector, a goal of October 6, 2005 is set to begin interviewing.

The Selectmen discussed performance evaluation scheduling. The Selectmen set a September 30^th deadline.

Chairman Eigabroadt stated for the record that the Fire Department was not represented at the Department Head meeting.

Selectman Cook made the motion that a plot plan showing the location of the proposed storage container be made part of the application for any future storage container permit. Selectman Hartman seconded the motion. All were in favor. The motion passed.

The Selectmen received 5 storage container permit applications for Knoxland Equipment. The Planning Board has not yet approved the site plan for Knoxland Equipment. Selectman Cook made the motion to submit the proposed storage container permits for Knoxland Equipment to the Planning Board for they’re in-put and review. Selectman Hartman seconded the motion. All were in favor. The motion passed.

Selectman Cook made the motion to approve an intent to cut for Map 20 Lot 9. Selectman Hartman seconded the motion. All were in favor. The motion passed.

Selectman Cook made the motion to sign the annual lease 2005-2006 for the Kearsarge Children Center located in the Old Grade School. Selectman Hartman seconded the motion. All were in favor. The motion passed. George Pellettieri witnessed the signatures.

Selectman Cook made the motion that the Board approve the use of the Town Hall pending submittal of the Town Hall rental agreement for bible studies to be held from September 13 – October 4, all fees are waived. Selectman Hartman seconded the motion. All were in favor. The motion passed.

The Selectmen will confirm if a travel trailer has been removed from 9 Marsh Lane.

Selectman Cook made the motion to approve a building permit for an addition located on Map 19 Lot 8. Selectman Hartman seconded the motion. All were in favor. The motion passed.

George Pellettieri offered his services to the Town of Warner within his capacity.

The Selectmen signed an agreement for State assistance for the repair of Connors Mill Bridge. The work will not begin until 2010, the State will however continue monitoring the situation. Selectman Hartman explained that the Town’s portion that amounts to $17,000.00 ($85,000.00 total) can be funded from the Road Construction Capital Reserve. Chairman Eigabroadt made a motion to sign the application for bridge aid showing that the Town of Warner has raised the $17,000.00 for rehabbing bridge #194172 on Connors Mill Road. Selectman Hartman seconded the motion. All were in favor. The motion passed.

Selectman Cook discussed the rug in the lower meeting room. The rug sustained damage from the lower level flooding. The Selectmen have not determined if the rug will be replaced with tile or a new rug. The Finance Director will contact Kerry Karpet for replacement recommendation.

The Chandler Reservation submitted bid proposals for a timber cut. The reservation members accepted Hopkinton Forestry and Land Clearing to do the harvest.

The current Auditor submitted a contract for the next year’s audit. The Finance Director will be sending a RFP to other auditors.

Motion to adjourn 8:45 p.m.

Board of Selectmen

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