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Warner Board of Selectmen Meeting Minutes Tuesday, July 6, 2010 Chairman Hartman opened the public session
at 5:32 p.m. 1.
Nonpublic Session Selectman Karrick moved to go into
nonpublic session under RSA 91-A: 3 II (d) sale or lease of real
property at 5:35 p.m. The
motion was seconded by Selectman Carson.
A roll call vote was taken.
Chairman Hartman – yes; Selectman Karrick – yes; Selectman
Carson – yes. Motion
passed unanimously. In Attendance: Chairman David Hartman,
Selectman David Karrick, Jr., Selectman Clyde Carson, Town Administrator
Laura Buono, Fire Chief Richard Brown, Ed Mical. Laura Buono reviewed the price offer from
Ms. Hayward with regard to the property on 136 Main Street.
The property was discussed with regard to the information already
gathered on the parcel as well as the positives and negatives.
Other parcels were also reviewed again as well as site criteria,
etc. The Board will plan to
meet with Ms. Hayward on July 20th to further discuss price
and contingencies and will also hold a public meeting on Thursday, July
15th for any input the public may have on the parcel. Chairman Hartman moved to come out of
nonpublic session at 6:33 p.m. Motion
was seconded by Selectman Carson. A
roll call vote was taken. Chairman
Hartman – yes; Selectman Karrick – yes; Selectman Carson – yes.
Motion passed unanimously. 2.
Public Session Chairman
Hartman opened the public session at 6:35 p.m. In Attendance:
Selectman David Hartman – Chairman, Selectman David Karrick,
Jr., Selectman Clyde Carson & Town Administrator – Laura Buono Others present at the public session:
David L. Scott – NHDOT Bridge Design Bureau, Kimberley Brown Edelmann,
Brian Hotz, Ed Mical, Paul Violette 3. NH Department of Transportation – Stevens Brook David Scott from NH DOT met with the
Selectmen to discuss the bridge project that will take place on Route
103 over Stevens Brook. Mr. Scott said the bridge was built in 1966 and the project
entails rehabilitating the bridge. In order to accommodate the traffic
work will be done in three phases.
To accommodate trucks coming out of the off ramp from I-89 north
trying to take a left going east on Route 103 the island will be
reconfigured, which will be rebuilt when the project is over.
Because there will be jersey barriers, especially during the
middle phase of the work the left hand lane going into Market Basket
will have a limited length. Work
is anticipated for spring 2011. Selectman Carson asked if this work could
be a possible impact to any future reconfigurations on the Planning
Board level. It was thought
because there is no firm plan in place or money to implement a plan that
there would be no impact. Kimberley Edelmann asked what precautions
are being taken in regards to the fish.
Mr. Scott said the project must go through the permitting
agencies, Department of Environmental Services, for a minor impact
wetlands permit. He also
expects the extent of the contract would be to set-up staging and
cribbing to catch debris. The
work is strictly for the decking. Mr.
Scott said the Bureau of Environment asked Mr. Scott to read two
paragraphs to the Board: The Bureau of Environment of the NH DOT has the responsibility of
investigating the potential impacts that our projects will have on the
surrounding natural, cultural and social environments, identifying key
resources early in the project. Development
process enables the department to avoid or minimize impacts as design
proceeds. In regard to potential impacts to other resources this
project is not expected to involve substantial impacts to noise levels,
air quality, hazardous material or invasive species.
However, there may be negligible impacts caused to areas under NH
Wetlands Bureau jurisdiction. So,
as part of the project the department will secure all necessary
environmental permits prior to construction taking into consideration
erosion and sediment controls. We are asking if anyone has concerns about the above mentioned resources
in or immediately adjacent to the project area they bring them to our
attention tonight or contact the environmental analyst assigned to this
project at 271-3226. Brian Hotz said that the Conservation
Commission will also need to review the permits as well.
Mr. Scott said DOT will be responsible for
traffic control; flaggers will be used.
The Town of Warner was asked to sign a municipal work zone
agreement, but a date needs to be corrected so Mr. Scott will send
another agreement via email. The
Town Administrator said that she has already spoken with the Police
Chief regarding the project.
Mr. Scott said the project will take about 14 weeks, may be
longer with weather delays. Ed Mical asked if there will be travel in
both directions during all phases of construction.
Mr. Scott said all phases will have two-way traffic, but, the
left hand lane turning into Market Basket will have a restricted length.
Mr. Mical asked if there will be traffic lights set up, he feels
the restricted lane could cause major traffic.
Mr. Scott said signage will be installed.
He also said he has a peak hourly volume left turn into Market
Basket on Saturday of about 315 vehicles.
Mr. Scott spoke with highway design people and they said the
restricted lane will cause some back up but not bad enough to warrant a
traffic light. Chairman
Hartman asked Mr. Scott if he is prepared to make an adjustment if the
restricted lane causes sever back-ups.
Mr. Scott said he believes he is prepared, but he has not ever
been in a situation were it has gone bad. The project amounts to $450K
much of which will be spent on traffic control.
4. Bower Conservation Easement Forest Society representative Brian Hotz
met with the Selectmen to answer the Board’s questions and to obtain
their signatures on the purchase and sales agreement portion of the
easement. Mr. Hotz said the
easement is 99% complete the final percentage is the survey which will
cost $28K. This cost was
held off until the property owner signed the easement.
The Town of Sutton has already signed their portion of the
easement. Chairman Hartman said he noticed a typo in
regards to the acreage in a memo, in some areas of the memo it says 242
acres when the acreage amounts to 424 acres.
Mr. Hotz said the 242 is a typo.
Chairman Hartman asked why this property
value has gone up when the land values throughout the Town have gone
down. Mr. Hotz feels it is
because the appraiser had more time to appraise and compare the
comparables. Selectman Carson asked if the same
documents are signed in Sutton. Mr.
Hotz said yes. The Selectmen proceeded to sign the
purchase and sales agreement only.
Mr. Hotz expects the survey to be ready within two months.
Mr. Hotz also explained that a contingency is built into the
project regarding the grant money that has been awarded by the State;
Mr. Hotz is still confident that the grant money will be issued on time
for the closing. 5. Consent Agenda Selectman Karrick moved
to approve the Consent Agenda for July 6, 2010: o Tax Refund – Diane Surrette $1,268.26 Selectman Carson seconded the motion; all
were in favor, the motion passed. 6. Manifest Selectman Karrick moved
to authorize the Selectmen to sign manifests and order the Treasurer to
sign Accounts Payable checks numbered 44606 – 44659 in the amount of
$742,861.36. Accounts Payable includes checks totaling $395,000.00 for
Capital Reserve Funds as voted at the March 2010 Town Meeting.
Selectman Carson seconded the motion; all were in favor, the
motion passed. 7. Peter Ladd – Bridge to Access Property Mr. Ladd owns property on West Roby Road
that amounts to over 100 acres some of which is across the river.
Mr. Ladd would like to access the larger section of the property
across the river by building a bridge.
Mr. Ladd presented a plan in a location were there was once a
bridge. He understands that he would need to first complete all State
permitting such as wetlands and shore land.
Mr. Ladd currently accesses his property through his neighbor’s
property, with their permission. He
said the Town of West Salisbury has a historic iron bridge from 1893
that they are trying to find a home for.
Because the bridge is one of two that are left, the State has
said the bridge cannot be destroyed.
Mr. Ladd feels this bridge could be adequate for his use.
Because Mr. Ladd owns land on both sides of the river the
Director of Public Works would issue a driveway permit and Mr. Ladd
would follow up with a building permit as well as State permits.
There is also a dam in the river that is controlled by Mr. Ladd;
he said he would most likely lower the level of the river during any
construction and because the bridge does not meet fire truck standards
it would keep the property private and non-developable for a multi home
site. 8. Barn Preservation Easement – Scoring The barn is located on Map 15 Lot 009.
The scoring questions are as follows: 1.
Scenic Quality of
structure (to be completed on a site visit):
(12)
The structure is very scenic/aesthetically pleasing and the view
of it is
unobstructed for a considerable distance along the roadway or
waterway.
(9)
The structure is scenic/aesthetically pleasing and the view of it
is partially
obstructed from the road or waterway.
(6)
The structure is scenic/aesthetically pleasing but the view of it
is very limited
from the road or waterway.
(0)
The structure is neither scenic/ aesthetically pleasing nor
visible from the road or waterway. The Selectmen chose (12). 2.
Public
access/participation in enjoyment:
(12)
View is from a designated scenic by-way.
(9)
View is from an arterial road (>400 average vehicles/day)
(6)
View is from a major collector road (249-400 average
vehicles/day)
(3)
View is from a minor collector road (97-248 average vehicles/day)
or other great pond.
(0)
View is from a less traveled public road or waterway. The Selectmen chose (8).
The traffic count amounts to 387 on average. 3.
Historical importance on a
local, regional or national level, individually or as part of a historic
area:
(9)
Structure is listed or eligible for listing, in the National
Register of Historic Places. (6)
Structure’s physical or aesthetic features contribute to the
historic or cultural integrity of
a property listed or eligible for listing in the National
Register of Historic Places.
(4)
Structure is a “contributing” structure in a National
Register of Historic District.
(0)
Structure bears no relationship to a designated historic
district. The Selectman chose (0). 4.
Age of the proposed
structure:
(14)
Over 175 years
(10)
125-175 years
(6)
75-125 years The Selectmen chose (10).
The barn was moved from Salisbury to Warner in 1870. 5.
Present purpose of the
structure:
(18)
Structure is part of a productive farm or used for an
agricultural purpose.
(8)
Structure is now used for another allowable purpose.
(1)
Structure has been altered in a way that significantly changed
its appearance. The Selectmen chose (8). 6.
Physical condition of the
structure:
(10)
Structure completely restored, or restoration is part of the
proposed easement.
(9)
Barn has been repaired and maintained in good condition.
(8)
Owner expresses plans to improve condition of structure using tax
savings.
(1)
No verifiable maintenance program. The Selectmen chose (10). The property owner will be notified on the
assessment adjustment based on the scoring (48). 9. ATV – Class VI Road Usage Request Selectman Karrick said that he is in favor
of trying a limited program for a limited amount of time.
He himself has been in the Minks snowmobiling and hiking on
numerous occasions. He has
also witnessed the damage from four-wheelers and jeeps.
Selectman Karrick feels the presence of the Bound Tree ATV club
may bring an advantage to bringing some order to the trail usage.
He said the Town does not have the manpower or the funds to
patrol the Minks. Selectman Carson said his sense is that
there are a greater proportion of residents who are not in favor of the
ATV request. He feels the
Minks is a valuable resource and an asset to the Town and he has learned
that vehicles tend to go off the road even when barriers are set in
place and a lot of the damage is not by the unauthorized ATVs but
primarily from the four wheeled vehicles.
He tends to say the Town does not do the Minks or the Town any
favor by allowing the ATVs when it is well known that there are jeeps
and four wheeled vehicles already riding the Class VI roads; he does not
feel this way of thinking is protecting the asset.
Selectman Carson also feels when there is focus on an issue and
the Board makes a decision to either allow or not allow he feels an
opportunity is lost to come up with a solution for the area.
Selectman Carson has read the Mink Hills Conservation Plan; there
is a lot of talk about conserving the land but no discussion about how
the land will be used once conserved.
He feels a plan should be in place indicating what vehicles will
be allowed as well as determining what type of enforcement.
Selectman Carson said he walked the area around Bear Pond and
found the trail itself to be a nice trail and well signed, he also went
walked out to other areas involving the ATV club.
Selectman Carson is leaning towards getting a group together to
create a recreational use plan for the Minks.
Selectman Carson would also be in favor of consenting access
along Bear Pond Road between Bound Tree and the Contoocook Water
Precinct trail so that Bound Tree ATV club could connect into the trail.
He also thinks signage needs to be looked into.
Chairman Hartman is more inclined to have
a demonstration of the ATV proposal that has time limits.
Look at the project after a year and decide if the decision made
was a right decision. He is
not in favor of the entire route that was originally proposed to the
Board; especially the route that goes down by Daisy Hollow; the worse
part of the Daisy Hollow Road is on private land and it can’t really
be traveled on because of the pond that is in the roadway; he said it is
difficult to justify when four wheeled drive trucks and jeeps go right
through it. Chairman
Hartman said the Town does not have any enforcement to deal with it but
he does not like the idea of promoting it.
He is however open to an alternative route that would connect to
the trail system in Henniker. Another
alternative is presenting the Bound Tree ATV Club request to Town
Meeting. Chairman Hartman
feels there is a substantial majority of people in Town that does not
want to see this happen and if the Board does approve this it will
become public knowledge and it will be promoted.
Chairman Hartman referenced a letter that was received; the State
forbids ATV use on most of the park properties. Selectman Karrick asked the Board members
if it would make sense to ask the Bound Tree ATV Club to propose a more
moderate proposal. Selectman
Carson also recommends establishing a group to look at a recreational
plan for the Mink Hills. Chairman
Hartman recommended working with the ATV Club to refine their request
and work toward trial period. The
Board members agreed. The
Town Administrator will arrange a meeting with the ATV Club separate
from a Board of Selectman meeting. 10. Capital Improvements Plan Selectman Carson would like to see some of
the items in the Energy Audit addressed in the Capital Improvements Plan
for 2011; either setting up individual capital reserve funds for energy
improvements or coming up with one total.
He said the total amount for the improvements for all the town
buildings amounts to $300+K most of which are at the Old Graded School.
Another item Selectmen Carson spoke about is the boiler in the
Town Hall which is over 40 years old.
Selectman Carson would like to look at other alternative heating
sources in regards to the Town Hall such as geothermal.
Chairman Hartman recommends establishing a capital reserve solely
for energy upgrades because the Town does not know exactly what to do
but it does know of upgrades that make sense from the audit.
Ed Mical is obtaining a cost for
re-leveling the steps at the Town Hall. The Town Administrator is looking at a
cost to paint the interior of the Town Hall but she does not feel the
cost will be high enough for a capital expense.
The Town Administrator will add to the CIP
$50K for Energy Upgrade Projects. Selectman Carson asked with the pace of
the Capital Improvements Program Committee and the pace of the Road’s
Committee how can recommendations be made to the CIP Committee.
Selectman Karrick said the Director of Public Works has made his
recommendation; paving Pumpkin Hill Road from Pumpkin Blossom Farm to
the Buffalo Farm (about 1,000 feet).
Selectman Carson said as part of the Road Committee the thought
was if the Town continues to put $200K towards road projects a year
what’s the impact on the ability to keep up with road projects or
should the Town be looking at alternatives to bring to Town Meeting with
a new vision and information for addressing the roads. Chairman Hartman said another item that
will need attention is the Odd Fellows Building; the cost for demolition
will be a capital expense. Selectman Carson said he would in the near
future meet with Nick Cotes from Central NH Regional Planning Commission
for putting together an energy plan for the Old Grade School.
He is hoping this plan would be completed in time to apply for
the fall 2010 Regi-Grants. 11. Other Business Odd Fellows Building – The Selectmen attended a discussion with
the OFBC and Mike Rogers who brought in a proposal to renovate the
building. Selectman Carson
said the Board had asked the OFBC for their opinion on the renovation
proposal. The concern from
the OFBC is the proposal is for economic benefit for Mr. Rogers rather
than historical preservation as well as loss of control of the building.
Chairman Hartman said since the initial meeting there has been no
further interest from Mr. Rogers and considers the issue a dead item.
The cost of demolishing the building needs to be determined.
The OFBC has explored every avenue for rehabilitating the
building and has not been successful in obtaining a developer.
Selectman Carson asked if the Town has looked at putting together
a development co-sponsored by the Town.
Chairman Hartman explained the Town does not want to co-sponsor
the renovation of the building. Developer
Chris Closs worked towards finding a solution for the building but the
economy has changed that outcome. Selectman
Carson asked if Mr. Closs still has first option on the building.
The Town Administrator said that she has not found anything in
writing stating so, but, it could be argued on his behalf that there is
an unwritten understanding because of the continued encouragement from
the Board to continue finding rehabilitation resources.
Taxable Inventory Forms – The Town Administrator asked the Board
whether or not they would like to implement the form this next coming
year. She said the
Assessing Clerk was going to recommend not doing the forms in 2011, and
then the issue came up about no building permit being required for an
accessory building that is 120 square feet or less.
The Assessing Clerk changed her thinking about the Inventory
Forms as being the only way to pick up the accessory buildings.
Chairman Hartman said the reason why the Town began using the
Taxable Inventory Forms was a way to keep the assessing records updated
for internal upgrades as required by the State, because at the time the
Town did not require internal building permits.
Now the Town does require interior building permits but this year
the Planning Board also changed the requirements for accessory buildings
to match the State Building Code which references the International
Building Code (120 square foot accessory building is exempt).
The Town Administrator added that every five years the Town goes
through an update by the State. Chairman
Hartman questioned how many pick-ups were achieved from the Taxable
Inventory Forms; he also is under the impression that the Town Clerk
references the forms for dog registration.
The Town Administrator will ask the Town Clerk how often she
references the forms. Chairman
Hartman also believes the Taxable Inventory Forms are used to verify
children in the Kearsarge School District. Yurt – The Town Administrator contacted Larry Pletcher in regards
the yurt that was assembled on his property for a one-year trial period.
Mr. Pletcher would like the Board to consider allowing continued
use for 180 days per year with the condition that if there is any
violation the use would immediately cease. Chairman Hartman is inclined
to allow Mr. Pletcher continued use of the yurt per the requisite use of
the year. The Town
Administrator will draft an approved continuance for the Board to sign.
Selectman Karrick moved to continue to allow Mr. Pletcher to use the yurt with the
restrictions the Board has placed upon its use. Selectman Carson seconded the motion and asked if a procedure
is needed for the next yurt that is installed on a property.
Chairman Hartman said the Board has established a procedure based
upon the yurt that was installed on the Pletcher property.
The yurt is a second temporary residence with no services on an
un-subdivided lot. Selectman
Carson said the spirit of this yurt is it’s more like a tent than
anything else. All were in favor of the motion; the motion passed. Selectman Carson asked if there is any new
information pertaining to the vacant position in the Police Department.
The Town Administrator said no, not at this time. Selectman Carson said Public Service of NH
has a program called the Municipal Smart Start Program, and recommended
having a representative meet with the Selectmen to explain the program.
The Board and Town Administrator discussed
the need for better landscaping at the Police Department.
Ed Mical said he would get with the Police Chief about putting
together a Fall Foliage Festival Funding Request for landscaping. Chairman Hartman reported on the vote of
the Regional Co-op; Warner and Loudon were the only two towns that voted
against building the single-stream recycling facility and the Town of
Henniker abstained from voting. The committed tonnage to date is 25,000 tons. 12. Meeting Minutes Selectman Karrick moved
to approve meeting minutes dated June 14 & June 22, 2010.
Selectman Carson seconded the motion; all were in favor, the
motion passed. 13. Adjournment At 9:08 p.m. a motion was made and
seconded to adjourn. Board of Selectmen David E. Hartman - Chairman Respectfully submitted, Mary Whalen Recording Secretary
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