Chairman O’Connor opened the meeting at 6:00 p.m.

In Attendance: Selectman Robert C. O’Connor – Chairman

Selectman John C. Brayshaw

Selectman Edward F. Mical

Recording secretary: Mary Whalen

Public Attendance: Barbara Proper, Martha Mical, Margi Lord, Jim McLaughlin, Richard Cook, Pete Newman, Charlie Albano, Barbara Annis, Meg Donahue, Tim Wallace, Howard Kirchner, Allen Brown, Mrs. Theroux, David Theroux, Brian Farmer.

Selectman Mical made a motion to go into non-public session per RSA 91-A: 3, II (a) Promotion or setting compensation for a public employee. Chairman O’Connor seconded the motion all were in favor. The motion passed.

Selectman Brayshaw made a motion to come out of non-public session and to open the public session. Chairman O’Connor seconded the motion. All were in favor. The motion passed.

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

Chairman O’Connor opened the Public Hearing concerning the Water Precinct.

Donna Lane, consultant to the Community Development Block Grant (CDBG) that this public hearing is to receive public input about the rehabilitation of the wells that service the Precinct. The project was successful and is up and operating servicing the residents and businesses that are within the Precinct. The project cost approximately $57,000.00.

Public Comment: None received.

Ms. Lane proceeded with the closeout agreement:

The balance left over after the $57,000.00 can be used in any manner.

The 250 households are currently being served.

The Board of Selectmen will re-adopt the 504 Self Evaluation Plan for Handicap Accessibility.

Chairman O’Connor closed the Water Precinct Public Hearing.

Chairman O’Connor opened the Public Hearing for the Conservation Commission to accept unanticipated funds.

The next public hearing was for the Conservation Commission. To accept unanticipated funds for the digitizing of the Towns tax maps per RSA 31:95, B III. Mr. Cook, Chairman of the Conservation Commission explained that the Conservation Commission received $4,500.00 form the New Hampshire Conservation Committee; it was money that was raised through the sale of conservation license plates. The Conservation Commission is using the funding to help the Conservation Commission complete mapping for the Mink Hills Project. The Town of Warner Conservation Fund paid for the digitizing of the Towns tax maps, which was part of the project. The funds being received tonight will be used for other kinds of mapping.

Mr. Jim McLaughlin, who is also on the Conservation Commission, informed the Board of Selectmen that he was in contact with Cardovac Associates and confirmed that the Town of Warner’s tax maps are all digitized. The maps will show outlines of all parcels in the Town with Map and Lot #. The maps will not be indicating distances, names of streets and other map annotations; it will cost an additional $3,000.00 to do so. Mr. McLaughlin recommended to the Board of Selectmen to consider adding the cost to next year’s budget.

Mr. Howard Kirchner asked if the maps would be available through the Internet now that they are digitized.

At this time they are not available on-line.

Mrs. Martha Mical stated that the maps will be available at the Pillsbury Free Library, and they are not the official Town’s Tax Maps.

Mr. Allan Brown asked Mr. Cook the purpose of digitizing the tax maps. Mr. Cook explained that once the maps are digitized it is easier to keep up with changes in land parcels, it is also easier to look at in relation to other map information.

Selectman Brayshaw made a motion to accept the unanticipated grant money amounting to $4,500.00 for the digitizing of the Towns Tax Maps per RSA 31:95, B III. Selectman Mical seconded the motion. All were in favor. The motion passed.

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

Tim Wallace met with the Board to further discuss the Town Forester position that is now vacant. The Board reviewed the duties with Mr. Wallace. The Board will check on insurance requirements with the Finance Director.

The Board of Selectmen asked Mrs. Theroux to meet with them to discuss her intentions with her property that is located on a Class VI road. There were reports to the Board regarding a section of Kelley Hill Road being upgraded. The Public Works Director, Allan Brown had some concerns also. Mr. Brown explained to Mrs. Theroux and her son David that he understood that there is some road preparation that needs to be done when logging, but when he went up to examine the road the work that was done far exceeded normal preparation for logging trucks. Mr. Brown talked to David Theroux about the work that he has done to the roadbed. Selectman Brayshaw asked Mr. Theroux if he intends to build. Mr. Theroux replied yes. Selectman Brayshaw explained that a building permit cannot be approved on a Class VI road without first upgrading the road. Mr. Theroux explained that the logger could not get to the land unless he upgraded the road. Selectman Brayshaw explained to Mr. Theroux the Town’s policy for upgrading Class VI roads. Mr. Brown suggested to the Theroux’s talking to his neighbors regarding the upgrade. Mr. Brown explained about survey pins in the stone walls. If they are on the outside of the wall closest to the road, the land owner owns the wall, if the pin is on the inside then the wall belongs to the Town, if the pin is in the middle then it is a shared wall. That is how the right of way is established. Chairman O’Connor explained the upgrade process to Mr. Theroux:

Meet with the Public Works Director to determine if professional engineering is required.

A list of abutters within 200 feet supplied to the Selectmen’s Office.

A Public Hearing is held to voice intent.

Decision rendered by the Board of Selectmen at the next Selectmen’s meeting after a Public Hearing is held.

Mr. Charlie Albano asked the Board if there is a Public Hearing to update the abutters if the road upgrade goes on for a long period of time. Chairman O’Connor explained that the Public Works Director monitors the upgrade.

Mr. Howard Kirchner stated that a Building Permit is permitted after the road is upgraded and accepted by the Town.

Barbara Proper, Town Treasure reviewed the Revenue sheets with the Board of Selectmen.

Mrs. Meg Donahue met with the Board to voice her concerns regarding the buffalo farm that is located behind her property on Route 103. Mrs. Donahue asked the Board where the Town stood and the Town’s intention regarding the buffalo farm regarding the concerns she has previously voiced to the Board (the stench, increase of flies, concern about the run off and her artesian well, and fencing). Selectman Brayshaw has visited the buffalo farm since the last time Mrs. Donahue was in to see the Board. Selectman Brayshaw observed 11 buffalo with one calf, the main herd is kept in Hillsboro, the selling of meats is primarily done at Fair’s, and the fence line is not buffered with an 7000 or 8000 volt fence. Selectman Brayshaw commented that the only increase in the business that he noticed was the fence. Chairman O’Connor asked if a buffer zone is needed regarding the fence. Selectman Brayshaw recommended the Board needs to determine if a buffer zone is needed. Selectman Brayshaw referenced the other buffalo farm located on Pumpkin Hill Road, there are no restrictions placed on the limitation of animals per acre, no buffer zone between the fences and if you restrict one then the other needs to be looked at also. Chairman O’Connor asked Mrs. Donahue if there are any more issues. Mrs. Donahue stated that it is clear that the farm does not fit the definition for a Home Occupation Permit. A Special Exception is needed for the keeping of livestock for commercial use, and this exceeds personal use, the farm also exceeds the Nuisance Ordinance, there is an increase of flies and odor. Mrs. Donahue expects these issues to be addressed by the Board, and is concerned for her property value and the safety of her children.

Chairman O’Connor asked Mr. Brian Farmer (owner of the buffalo farm) what year did the buffalo arrive? Mr. Farmer stated October of 1999. The Zoning/Planning Board determined that Mr. Farmer did not need a site-plan review in 1999 for agricultural use, the raising and keeping of livestock is permitted in R1, R2, and R3 zones. Mr. Farmer then proceeded with establishing his buffalo farm. Selectman Mical asked Mr. Farmer how many buffalo are on the site. Mr. Farmer stated 12 and a calf. Selectman Mical asked Mr. Farmer what was his intention with moving the fencing out. Mr. Farmer is moving to the next step, being able to rotate the buffalo in order to practice best land management. Mr. Farmer commented that he finds out about any problems through the newspaper and is willing to talk to the Donahue’s about their concerns. Selectman Mical asked Mr. Farmer how many buffalo he first started out with. Mr. Farmer said that he started with 5 buffalo in 1999 at the Warner property. Selectman Mical asked Mr. Farmer how many does he plan to keep at the property located on Route 103. Mr. Farmer stated that it depends on the time of year, and as more land is cleared. Mr. Farmer commented that he went through the process three years ago and it was determined that a site-plan review was not necessary being an agricultural farm. Also he and his wife are concerned about the neighbors and they are starting to feel like they are being pushed. Chairman O’Connor recommended sending all meeting minutes and correspondence regarding the buffalo farm to Town Counsel for his input, on whether the Board of Selectmen can intercede or is now a civil issue. Mrs. Donahue requested copies of any transactions.

Selectman Brayshaw discussed with the Board about moving forward on establishing a Road Committee. Selectman Mical asked if a Road Committee falls under the Planning Board. Chairman O’Connor commented that the Board needs to outline expectations for the committee and then decide if they should proceed. The Board will come to an agreement by the end of 2002.

The Board reviewed a letter to E & R Cleaners regarding the uniform contract. Selectman Mical would like to review the contract.

Selectman Mical made a motion to adopt the 504 Self Evaluation Plan for Handicap Accessibility. Selectman Brayshaw seconded the motion. All were in favor. The motion passed.

Selectman Mical informed the Board about the Budget Committee meeting that met on September 30, 2002. Barbara Annis talked about the Capital Improvements to the Budget Committee. Growth was discussed and how the Master Plan and the Capital Improvements Plan are a part of the growth plan. Chairman O’Connor asked Mrs. Annis when the Capital Improvements would be solidified. Mrs. Annis stated that on November 4, 2002 the Planning Board would vote on the Capital Improvements. Selectman Mical also informed the Board that the Budget Committee discussed having representation from the Selectmen, Planning Board and the Budget Committee to work together on the finalization of the Capital Improvements. Selectman Mical volunteered to be the Selectmen’s representative, December 5, 2002 is the first meeting.

Selectman Mical also informed the Board that the base coat has been applied to Iron Kettle Road.

For the record Selectman Brayshaw asked Chairman O’Connor if there was any more information pertaining to an on going investigation regarding residents in Sutton.

The Board discussed clean up to be done on North Road. The recommendation came from the Health Officer. A letter will be sent to the landowner asking for the land to be posted "No Trespassing". The Board discussed having the Towns crew do the clean up. Selectman Mical questioned the Board if there are other similar situations of dumping are we going to have the road crew clean that up too? This is a recommendation from the Health Officer.

The Board requested that the Finance Director go out for bid regarding an Accountant for 2003.

The Board read a recommendation from the Zoning Board for a temporary appointment. Selectman Mical made the motion to appoint Joanne Hinnendael as an interim member of the Planning Board as a Zoning Board representative until the permanent member can resume his duties. Chairman O’Connor seconded the motion. All were in favor. The motion passed.

The Board read a letter from the Martin/Odd Fellows Building Committee.

The Board discussed a salary increase for an individual who has surpassed his probationary period. Selectman Brayshaw made a motion to increase Mr. Roberts hourly rate by 10% starting the next pay period. Selectman Mical seconded the motion. All were in favor. The motion passed.

Chairman O’Connor and Selectman Mical met with Mr. Pershouse – Co-Chairman of the Planning Board to discuss the individuals that signed up for various Boards. Mr. Pershouse will return to the Planning Board with the recommendations.

The Work Session for the Selectmen that was scheduled for October 2, 2002 has been canceled.

Selectman Mical spoke to a Selectman in Newbury who was unable to attend the meeting on September 24, 2002 regarding the sharing of resources. Newbury is interested in the concept and would like to continue talks with the Warner Board of Selectmen. A meeting will be scheduled in the near future.

Previously signed by the Board:

Intent-to-cut

Contract for the Community Development Block Grant

Letter to a property owner regarding tax relief.

Chairman O’Connor made a motion to approve the August 27, 2002 Selectmen’s Minutes with corrections. Selectman Brayshaw seconded the motion. All were in favor. The motion passed.

Selectman Mical made a motion to approve the September 3, 2002 Selectmen’s Minutes with corrections. Selectman Brayshaw seconded the motion. All were in favor. The motion passed.

The Board signed the following:

2 Building Permits

Intent-to-cut

Barbara Annis commented on keeping the best interest of the Town in mind in regards to the upgrading of Class VI roads.

Selectman Mical made the motion to adjourn at 9:30 p.m. Chairman O’Connor seconded the motion. All were in favor. The motion passed.

Robert C. O’Connor – Chairman

John C. Brayshaw

Edward F. Mical