Warner Board of Selectmen

Meeting Minutes

Tuesday, April 27, 2010

 

Chairman Hartman opened the public session at 2:06 p.m.

In Attendance:   Selectman David E. Hartman – Chairman, Selectman David Karrick, Jr., Selectman Clyde Carson &

Town Administrator – Laura Buono  

Others present: Jeanne Hand, Meg Whittemore, Shirley Brown, Alan Piroso, Paul Violette, Richard Strickford, Richard Cutting, Jim McLaughlin, Ed Mical, Royal Latuch, and Barbara Annis  

1. Jeanne Hand – Nonpublic Sessions

Jeanne Hand complimented the Board of Selectmen for following the law in regards to nonpublic sessions; however, she does not feel the School Board follows the law.  Ms. Hand asked about land acquisition and why a nonpublic session would be sealed.  The Board said the session would be sealed because of on-going negotiations.  Ms. Hand said she understands that, but conservation property is dealt with public money.  The Board feels conservation land is dealt with in a public fashion.  The Board explained when the Board of Selectmen are dealing with land acquisition it is entirely different than the Conservation Commission dealing with conservation land easements; the Conservation Commission works independently and are authorized to do so.  Ms. Hand said if a nonpublic session for land negotiations are sealed the taxpayers have no way of knowing what property is being negotiated.  The minutes Ms. Hand is referring to took place on July 7, 2009 .  The Town Administrator said she would look at the minutes to see if they can be unsealed.  Ms. Hand feels there are a lot of aspects on the negotiation of land that can affect taxpayers.  Chairman Hartman added that sealed minutes are reviewed periodically for unsealing.  

2. Meg Whittemore – Lawn Damage

Ms. Whittemore said that for the past 5 years she has noticed at the end of each winter more and more grass disappears on her property; she has walked around and noticed other properties with the same damage.  She would like to see future strategies that will minimize the damage from the sidewalk snow blower after each winter.  The Town Administrator recommends speaking with the Director of Public Works about alternatives if any.  Selectman Carson who also lives in the same area as Ms. Whittemore has noticed a difference in lawn conditions, some lawns have damage and some do not.  Shirley Brown another area neighbor has re-loamed in the past but has instead planted perennials because the roots are deeper.  Ms. Brown also experiences sand up to her front door from the sidewalk snow blower.   Chairman Hartman explained that it is not policy for the town to fix lawns, but the Board will look into a way of preventing the damage as well as why it is happening.  The Town Administrator said on the other side, the Town deals with complaints in the winter about the sidewalks not being cleared enough.  

Allan Piroso who works for the Highway Department mixes the sand and salt at a ratio of 10 to 1, he said the State recommends 3 to 1 and he said the snow blower did not use any material this year because it does not have a spreader.  

3. Paul Violette – Class VI Roads for ATV Use

Mr. Violette who is a member of the Bound Tree ATV Club is respectfully requesting that the Warner Board of Selectmen grant permission for ATV travel on certain Class VI Roads in Warner. This would include portions of or all of the following roads listed below:

1. Bear Pond Road (also called Judy Town Rd. )  (from Boundtree Jct. to Sanborn Road    .8 miles)

2. Sanborn to Hoyt Lane (1.1 miles)

3. Hoyt Lane – north to Jct. of Loud Lane & Badger Road (.5 miles)

4. Hoyt Lane – south to Henniker Town Line (1.6 miles)

5. Badger Hill Road – Loud Lane to Henniker Road (1.2 miles)

6. Daisy Hollow – Henniker Road to Cunningham Pond Road to Warner/Henniker Town Line (2 miles)

7. Cunningham Pond Rd. to Wiggin Trace (also called Mink Hill Road (1 mile)

8. Wiggins Trace Road to Henniker Town Line (.6 miles) (Sisco Corner to Tom Patenaude’s Trail in Henniker)  

Mr. Violette also introduced to the Board, Richard Strickford, who is the Superintendant of the Contoocook Water Department and is also the trail master for the Bound Tree ATV Club as well as Bill Simpson, Sargent of the Hopkinton Police and President of the Bound Tree ATV Club.  

The primary reason for the request is to allow members of the Bound Tree Club and any other legally registered ATV operators to use these certain Class VI roads as connecting routes with ATV trails in bordering towns, namely, Hopkinton, Bradford and Henniker. Bound Tree has received, in writing, the support of the Warner Police Chief; Fire Chief and Director of Public Works. Bound Tree has also received backing from numerous Warner Residents who have signed a supporting petition that will be presented to the Selectmen.  

If permission is granted, the Club would mark the trails with appropriate signage according to NH Laws, so that users would clearly understand which trails and roads may be legally used for this purpose.  The Club, through its members, would work to encourage its members and other users to ride the trails according to all laws and regulations; to stay on these trails; and not to use other roads and trails that are not legally authorized for use by ATV’s.  

Facts about the area and roadways requested:

1.         Estimated total of 8.8 miles are requested by the Club.

2.         All of these roads are used in the winter season by the Kearsarge Trail Snails Snowmobile Club and listed on their 2009 Edition Trail Map.

3.         All of these roads are used currently on a year-round basis, or nearly year-round by both registered and non-registered wheeled vehicles of all types.

4.         Numerous 4-wheel drive vehicles make use of these roads frequently.

5.          Numerous 2-wheel (motor cycle; trail bikes, etc.) make use of these roads frequently.

6.          Without granted permission by the Selectmen of Warner, ATV’s are the only type of vehicle that is not    allowed to use these roads or any Class VI roads in town.

7.           Many of these other wheeled vehicles leave these roads in much worse condition from spinning through rough areas and wet areas.  Yet they have no problem using them whenever they wish.

8.           The operators of these “other types of wheeled vehicles” do not attempt to maintain these roads or to make minor repairs to fix the damages they cause.

9.            The numerous floods and heavy rainy periods in the past few years have left these roads in poor condition.

10.          Logging operations have also left the roads in poorer condition.

11.          These roads have been used and will be used again as fire trails and emergency access within the town and for operations that cross town boundaries. The Warner Fire Department owns an ATV and a trailer to haul it.

12.         Using these roads year-round by an authorized club will help keep them in useable condition for suppression  of wild fires and other emergency operations and incidents.

 

Facts about the ATV Club:

1.         The Bound Tree ATV Club, Inc. originated in Hopkinton-Contoocook and has been in operation for approximately 5 years.

2.         The Club draws most of its membership from Hopkinton and Warner. The Club conducts regular monthly meetings, except during the winter. The day-to-day operations of the Club are handled by its elected officers, which includes: a President; Vice President; Secretary; Treasurer and Trail Administrator.

3.                   The Club’s Mission Statement is: 

o             To develop and maintain a healthy working relationship between all ATV riders and landowners.

o             To organize safe family level events or outings, geared toward ATV riding.

o             To develop a trail system for the purpose of providing our members and guests with safe and legal areas to ride.

o             And to serve the interests of ATV riders and comply with all state laws and local ordinances pertaining to ATV’s.

 

Mr. Violette explained the Club has monthly activities for families; last Sunday the club cleaned the trail system, trash, brush clearing, maintenance etc.   

Selectman Karrick asked what type of signage would go up.  Mr. Strickford said the signs are markings much like the snowmobile club.  Selectman Karrick asked if permission is granted would the club communicate with the abutting landowners.  Mr. Strickford said yes, the State law says riding on private property must be granted by permission.  

Selectman Carson asked if Bound Tree is asking for year-round access.  Mr. Violette said no, when the Class VI roads are closed by the Town they will not be accessed, all the ATV trails are closed during mud season.  Also, the trails are shut down with more than 8” of snow.  

Mr. Strickford explained the definition of an ATV; it is a vehicle equipped with low pressure tires under 10 lbs. psi or less, no more than 1,000 lbs in weight empty and cannot be more than 50” in width.   

Selectman Carson asked if there are trails today open on private lands.  Mr. Strickford said yes, the Contoocook Precinct has about 500 acres with trails that are open to the public.  Before that, the Contoocook Precinct tried to post the land but continued having problems, it was then decided to post around Bear Pond shoreline and welcome people, since then there has been little vandalism.   

Selectman Carson asked how other towns co-exist with hikers.  Mr. Strickford some of the trails are multi-use trails.  

Chairman Hartman said some of the roads Bound Tree ATV Club is asking to use are not Class VI roads so the Board does not have the authority to grant the use of land that is not a Class VI road.   Chairman Hartman recommends defining which roads are actually Class VI roads before the Board can act on the request.  

The Town Administrator explained the next step which would be to hold a public hearing.   

Conservation Commission member Jim McLaughlin asked the Bound Tree ATV members to meet with the Conservation Commission members on May 5th.   

4. Capital Improvements Program

Ed Mical met with the Selectmen and reported that he is Chairman of the CIP Committee.  He said the process will begin in early June.  Mr. Mical is looking for any information that the Board would like added as well as a Selectman’s representative.   Selectman Karrick will be the Board’s representative.   

5. Red Cross

The Red Cross contacted Ed Mical about an orientation seminar that they would like to bring to the Merrimack County communities.  The seminar is a 3 hour presentation about shelter operations.    

6. Town Hall Roof

Ed Mical reported that the slate has been ordered, it could be delivered within 4 weeks after which the work will be scheduled.   

7. Royal Latuch – Main Street Drainage

Mr. Latuch spoke about the shooting that is taking place on North Village Road .  He said last Sunday afternoon the shooting went on for 5 – 6 hours.  Selectman Karrick asked if he had any idea where the shooting is coming from.  Mr. Latuch said it is very hard to determine because of the way sound travels.  

Mr. Latuch commented to the Board about the last three years and how the senior two Selectmen handled the Transfer Station, the lawsuits and the divisive attitude in the town.  Mr. Latuch has watched with great amazement since three years ago how the town has transformed; the lawsuits and the Transfer Station has been resolved and overall he feels life in the Town of Warner is one of tranquility and positive.  

Mr. Latuch commended the Board on the reduction of the budget and tax rate, especially in these tough economic times.   

Mr. Latuch initially wanted to meet with the Board for clarification.  He has been involved from time to time with the Odd Fellows Building .  Mr. Latuch asked when the decision was made to fix the Main Street drainage.  Chairman Hartman explained that the drainage was discussed at the 2009 Town Meeting; the improvements will relieve the village drainage problems.  Mr. Latuch asked about the cost and the Board said the cost is still being determined for the work that is scheduled for this year.  Mr. Latuch is concerned about the Odd Fellows Building , he said from the beginning he has been a fierce opponent for rehabilitating the building.  Mr. Latuch said in June of 2007 there was a lot of discussion on the part of the Odd Fellows Building Committee on how the drainage around that building would need to be addressed first before the building can be rehabilitated and he also remembers an amount of $800K to do so.  Selectman Karrick said the cost of the current project is no where near $800K, he also said the drainage problem not only affects the Odd Fellows Building it also affects the Town Hall and businesses on Main Street and whether the Odd Fellows Building remains or not the drainage rehabilitation is still needed.   Selectman Carson agreed, since the time the drainage from Kearsarge Mountain Road was diverted to the current drainage system the load of water entering is exasperating the system.  Mr. Latuch was concerned that the drainage work was solely for the rehabilitation of the Odd Fellows Building .  Mr. Latuch said what is disturbing to him is for 10 years the Odd Fellows Building Committee as he sees it is the most ineffectual committee, accomplishing nothing and probably 80% of their time has been spent on spinning with very little factual information that voters need in order to understand the issues to make a decision.  He said some day the voters will be making a decision about the building and either way it will be expensive.  

Mr. Latuch spoke to the Board about two decisions they made last year that he disagrees with.  One decision was the reappointment of the Odd Fellows Building Committee which he feels has outlived its usefulness, but, he it is not the fault of the committee for failing he feels it is the fault of the Board of Selectmen.  Mr. Latuch said the other decision the Board made was allowing the application for a feasibility study grant in the amount of $12K for the Odd Fellows Building , Mr. Latuch was not in favor of this decision.  

Chairman Hartman said the decision to move forward with drainage repairs has no relation to the Odd Fellows Building .  He also explained the Selectmen have taken a “hands off” approach to the building.  The Committee has been trying to find a private or public developer who is interested in the building but to date there is no interest.  Also, Town Meeting charged the Selectmen with doing something with the building and since that time it has not been taken back.  Chairman Hartman recommended to Mr. Latuch to submit a petition article next year on what he would like to see happen with the building.  Mr. Latuch respects Chairman Hartman’s defense, but he feels the Board of Selectmen and the OFBC in ten years have failed to the responsibility of the town by not presenting the information the voters should have.  Selectman Carson said options will be presented to the voters at the 2011 Town Meeting.  

8. Exit 9

Planning Board Chairman, Barbara Annis asked the Board if they wish for the Planning Board to continue researching Exit 9 area traffic issues.  Planning Board member Ed Mical explained in order to qualify for State Aid the Board of Selectmen need to sign a form that states the town has their portion of funding for Exit 9 traffic upgrades.  Ms. Annis said the Planning Board is not sure that there is still full support from the Board of Selectmen and the Budget Committee.   Chairman Hartman confirmed full support means vouching the fact the Town has $350K of Town funds available to match State funds.  Ms. Annis said the Town’s portion has yet to be determined because a plan has not been decided upon.  Chairman Hartman asked why it is the Planning Board’s responsibility to design the intersection at Exit 9 why not the Road Agent.  Ms. Annis explained a past Board of Selectmen felt since the Planning Board did the Charette and the Corridor Study they should also look at the Exit 9 intersection; it is planning for the future.  Chairman Hartman said it is a concern to him that the Town would put money into the Exit 9 intersection when there are roads that are heavily traveled and are collapsing; he is not comfortable putting money into the Exit 9 project in comparison to the roads that need work.  Selectman Karrick asked where the money would come from; at this point all money’s have been appropriated.   Selectman Carson feels addressing the Exit 9 traffic issues is planning for the future; developing the asset base.   Chairman Hartman feels any enterprise that develops at the Exit 9 area should pay for the traffic upgrades.  Ms. Annis feels waiting until after Exit 9 area is developed would be too late, she recommends taking the first step which is signing the form to qualify for State Aid.  Selectman Karrick asked in order to obtain State help does the Town need to commit to a certain amount of money.  Ms. Annis said yes and no, the first item needed is a working plan which there will be a cost for.  The State will reimburse 2/3rds for a working plan; once the plan is approved by the State then a cost will be known.   

Chairman Hartman asked the Board members if it wishes to have the Planning Board work out traffic solutions at Exit 9.  Selectman Karrick said rather than trying to reinvent the wheel, he feels it makes sense for the Planning Board to continue.  Selectman Carson concurs but at the same time he feels the vision from the Charette needs to be turned into a reality, he asked who would have that responsibility.  The Town Administrator said if there are zoning changes that would be the Planning Board’s responsibility, seeking out businesses would fall under economic development which the Board has been talking about.   

Chairman Hartman asked Ms. Annis if the plan is to spend money for an Exit 9 plan sooner or later.  He feels the current road system at the Exit 9 area can accommodate additional development the way it is right now.   

Chairman Hartman asked the Board if they wish to have the Planning Board continue their work on Exit 9.  The Board agreed; the Town Administrator said she to would like to be involved in the meetings as well as future economic development.  

9. Transfer Station Facility Committee Agenda

Selectman Carson is replacing Chairman Hartman on the Transfer Station Facility Committee, he said in terms of moving forward he asked for a better understanding on what the task of the committee was/is and other items that may need to be focused on.  

Chairman Hartman explained when the lease was coming due at the Transfer Station the committee looked at various options such as relocation, remaining, is the site adequate enough, as well as looking at other operations etc.  The charge today is the committee should remain as a standing committee meeting occasionally.  Committee member Rick Davies has completed a survey and drawings have been made showing what could be done.  Chairman Hartman said at this point he is not sure what the Committee should be charged with.  Selectman Karrick said one item that was not addressed is separating the swap area.  Chairman Hartman added looking at future needs still needs to be addressed.  Selectman Carson said one area he feels worthwhile to look at is ways to reduce what is going into the dumpster.   

10. Consent Agenda

Selectman Karrick moved to approve the Consent Agenda for April 27, 2010 .

  • Notice of Intent to Cut:

                                          Map 3 Lot 17-1

                                          Map 9 Lots 29 & 30

                                          Map 11 Lot 43-4

                                          Map 12 Lot 20

                                          Map 4 Lot 7                                          

  • 3 Timber Tax Warrant in the amounts of $ 7,733.07; $ 5,130.07 and $ 0.00 with 12 Timber Certifications     
  • Elderly Tax Exemption Requalification ( 6 out of 6 approved)
  • 1 Blind Exemption
  • Intent to Excavate Map 7 Lot 60
  • Capital Reserve Fund Payment approval – Cross Country Appraisal Group $16,350.
  • Pole License – TDS Telecom & PSHN – West Main Street .
  • Building Permits – Map 10 Lot 4  (Heath)

                                  Map 10 Lot 25 ( Clark )

                                  Map 10 Lot 26 (Martin)

Selectman Carson seconded the motion; all were in favor the motion passed.  

11. Manifest

Selectman Karrick made a motion to authorize the Selectmen to sign manifests and order the Treasurer to sign Accounts Payable check numbers 44374 - 44403 in the amount of $ 30,904.02.   Selectman Carson seconded the motion; all were in favor, the motion passed.  

12. Selectman’s Objectives

The Selectmen scheduled a work session for May 3 beginning at 1:00 p.m. ; they will work on the Personnel Policy specifically sick time.   Another work session is scheduled for May 12 beginning at 1:00 p.m. ; this session will focus on the ambulance billing.  

13. Purchasing Policy

The Town Administrator presented the most recent revision to the Purchasing Policy as indicated below.

Section D General Provisions

1.       Contract Review – Purchases of $5,000 or greater

  •     Contract review and approval will be scheduled as an explicit item on a Selectman’s meeting agenda.

  •     The Selectmen will review the contract in terms of the purchasing policy so that any bids, quotes, or other reasons for awarding the contract are documented within the meeting minutes.

  •     A person knowledgeable about the details of the contract should be available to answer any questions the Board and/or public may have about the purchase.

  •     Contracts with a price of $5,000 or greater made under the emergency provisions above will be on the agenda for the next scheduled Selectmen’s meeting. 

Changed this:  Unauthorized Purchases:  Except as provided within this policy, it shall be unlawful for any Town employee or official to purchase any supplies or service other than in accordance with these policies.  

To this:  Unauthorized Purchases: Town employees who purchase any supplies or services other than in accordance with this policy may be subject to disciplinary action.  

Selectman Carson moved to adopt the amended changes to the Purchasing Policy as submitted by the Town Administrator.  Selectman Karrick seconded the motion; all were in favor, the motion passed.  

14.    Planning Board Alternate Position

Planning Board member Paul Violette approached J D Colcord and asked him if he would consider becoming an alternate member.  Mr. Colcord accepted.   Selectman Karrick moved to appoint J D Colcord as an alternate member to the Planning Board until March 2013.  Selectman Carson seconded the motion; all were in favor, the motion passed.  

15. Other Business

Richard Cutting spoke to the Selectmen about the continued obstruction to the flow of traffic on Joppa Road .  There are unregistered vehicles parked along the road.  The obstruction is blocking the view of on coming traffic.  He said he has brought this to the attention of the Police Department.  The Town Administrator said that she will follow-up with the Police Department and will ask what action was taken.  Mr. Cutting was advised to keep reporting to the police.  

16. Meeting Minutes

Selectman Karrick moved to approve meeting minutes dated March 30, 2010 .  Selectman Carson seconded the motion; all were in favor, the motion passed.  

17. Nonpublic Session

Chairman Hartman moved to go into nonpublic session under RSA 91-A: 3 II (c) reputation at 9:25 p.m.   The motion was seconded by Selectman Carson.  A roll call vote was taken.  Chairman Karrick – yes; Selectman Hartman – yes; Selectman Carson – yes.  Motion passed unanimously.  

In attendance:  David Karrick, Chairman; David Hartman, Selectman; Clyde Carson, Selectman; Laura Buono, Town Administrator  

The Board of Selectmen discussed several properties in which they have received complaints about junk and unregistered vehicles.  The Board discussed these properties and a course of action to be taken on each.

Chairman Hartman moved to come out of nonpublic session at 9:36 p.m. Seconded by Selectman Carson.  A roll call vote was taken.  Selectman Carson – yes; Selectman Karrick – yes; Chairman Hartman – yes.  Motion passed unanimously.

18. Adjournment

Selectman Karrick moved to adjourn at 9:38 p.m. Seconded by Selectman Carson.  A vote was taken.  Motion passed unanimously.   

Board of Selectmen

David E. Hartman - Chairman
David Karrick, Jr.
Clyde Carson

 

Respectfully submitted,

Mary Whalen

Recording Secretary