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Warner Board of Selectmen Meeting Minutes Tuesday, August 3, 2010 Chairman
Hartman opened the meeting at 6:02 p.m. In Attendance:
Selectman David Hartman – Chairman, Selectman David Karrick,
Jr., Selectman Clyde Carson & Town Administrator – Laura Buono Others present: Martha
Mical, Rebecca Courser, Paul Violette, Daniel Perry Fifield, Noreen
Skinner Fifield, Matt Waite, Allan N. Brown, Alan R. Piroso, Pam
Trostorff, Nancy Martin, Jill C. Fischman, Stephen Trostorff, Charlie
Goodwin, Peter Holden, Bill Rosenault, Nancy Martin 1. East Roby Road Project Director of Public Works, Allan N. Brown
presented draft plans; the final plans will be signed by the engineer (Provan
& Lorber) and passed onto the Town.
Property owners Daniel Perry Fifield and Noreen Skinner Fifield
were also present; they will be signing an easement agreement with the
Town of Warner as part of the East Roby Road Project.
Chairman Hartman asked Mr. Brown if he spoke with Provan &
Lorber regarding the retaining wall and if it is necessary for some of
the retaining wall to be three-tiered. Mr. Brown explained that the retaining wall will be
redesigned once they start moving material; however, he believes the
last 200’ will still need a retaining wall. Chairman Hartman said
another part of the project is to have a logger clear the site.
Mr. Brown said Provan & Lorber will set the center line of
the new road, once the center line is set the cut amount will be
determined. Selectman Carson asked if the logger has a “not to exceed
budget amount”. Mr. Brown
said the entire project has a not to exceed budget amount of $350K.
The Town Administrator explained that there is $281K in the East
Roby Capital Reserve and another $108K in the Road Construction Fund.
Selectman Carson asked about finishing Main Street.
Mr. Brown said the finish comes from the paving budget. The total cost for East Roby Road Project is $25K for
engineering, which is completed and $350K for construction.
The first budget for this project was in the $900K range. The project will take about 6 weeks with
complete road closure. Mr.
Brown spoke with the school transportation; the closure will not affect
them or the postal services.
The road closure will be advertised once the date of construction
is established. Mr. Brown spent a few hours with the
Fifield’s who are agreeing to an easement so the Town can relocate the
road. A warrant article
will be presented in 2011 to take away the Town’s use of the
right-of-way across the Fifield’s property.
Mr. Brown said without the easement from the Fifield’s the
project cost would rise to $1,000,000 because of the retaining along the river. Selectman Karrick moved
to sign the agreement between the Town of Warner and Daniel P. &
Noreen S. Fiefield, Map 17 Lot 31, of East Roby District Road allowing
the Town of Warner to relocated East Roby District Road approximately
810’ starting at the Warner/Sutton town line marker and moving in a
westerly direction. Selectman
Carson seconded the motion; all were in favor, the motion passed. Selectman Carson moved
to approve the sub-contract agreement between Weaver Brothers
Construction Company and the Town of Warner to complete the East Roby
Road retaining road project as defined in the agreement dated August 2,
2010. Selectman Karrick seconded the motion; all were in favor, the
motion passed. Assessing Clerk, Martha Mical asked the
Board who would be paying the timber tax on the wood that is cut.
Mr. Brown said no one would be paying.
Ms. Mical recommended a waiver from the Board of Selectmen.
Selectman Carson made a motion
for any timber cut as a result of the East Roby Road Project will be tax
exempt and the Town of Warner will absorb the cost. Selectman Karrick seconded the motion; all were in favor, the
motion passed. 2. Holden Engineering – Safe Routes to School Grant Peter Holden and Bill Rosenault from
Holden Engineering met with the Selectmen and explained that they are
working for the Town of Franconia on a similar sidewalk project.
They have also worked in Massachusetts constructing a bike path
from Lowell to Acton; this path was along an old railroad bed so they
had to deal with hazardous waste, interact with every town as well as
Conservation Commissions, wetland impacts and bridge crossings.
When Holden Engineering reviewed the sidewalk project they
recognized that Geneva Street is already set up for a sidewalk, however
it becomes complicated where Geveva and Main Street come together, he
understands that there was conversation between the Board and the
Director of Public Works about possibly making that area a one-way
entrance. Mr. Holden feels
this is a good idea but the turn radius at the corner of Geneva and
Roslyn would need to be widened and the side walk closer to Main Street
would need to be pulled away from the house on the corner of Roslyn and
Main Street. On Mill Street coming around the parking
lot Mr. Holden is suggesting adding a grass area and curbing to separate
the parking area from the sidewalk; this would prevent vehicles when
parked from hanging over the sidewalk.
Mr. Brown said back in 2000 in regards to
establishing a one-way onto Roslyn from Main St. he had a group
discussion with the neighbors in the area who were in favor of the idea
but when the Town constructed the sidewalks on Geneva St. the Town ran
out of money and could not complete the project.
Mr. Holden agreed that the one-way is a good solution.
Selectman Carson feels the neighborhood now has an alternate
proposal. The sidewalk going to Riverside Park the
bridge railing would have a chain link fence attached for safety
purposes. It has not been
determined whether there will be an actual sidewalk or a painted
sidewalk/bike path. Mr. Holden reviewed a timeline for the
project and possible conflicts; the firm would show the project to any
abutters and also have a public information meeting. Chairman Hartman thanked Mr. Holden for
his presentation and informed him that the Board of Selectmen along with
the Town Administrator and Director of Public Works will select one of
the two firms, either Provan & Lorber or Holden Engineering.
Martha Mical asked the Selectmen if they
have made a decision to make the Roslyn Ave. entrance a one-way.
Chairman Hartman said the Board has not made a final decision.
Ms. Mical asked if the Board has a time frame on when they would
make that decision. Chairman
Hartman said the Board will move forward with that decision after they
have chosen an engineer. 3. Reimbursement for State & Federal Forest Lands Assessing Clerk Martha Mical explained
that the form is signed every year but with the revaluation this year
the values for the State Forests have decreased, almost by half.
There are seven State Forests in the Town of Warner.
Selectman Karrick moved
to agree with the numbers for valuation presented by the New Hampshire
Department of Revenue Administration in their application for
reimbursement to Town & Cities in which Federal and State land is
situated specifically in the Town of Warner for the year 2010.
Selectman Carson seconded the motion and asked if the Town has a
choice. Ms. Mical said she
thinks if the form is not signed the Town will not receive any money.
Call for the motion; all were in favor, the motion passed. 4. Bound Tree ATV Agreement Selectman Karrick moved
to agree to grant permission to the Bound Tree ATV Club to provide
public ATV access on the Town of Warner’s Class VI roads as indicated
in the draft agreement that was presented to the Board of Selectmen.
The agreement would be on a trial basis expiring on December 1,
2011. Chairman
Hartman seconded the motion for discussion. Chairman Hartman explained what has transpired up to this
point. The Board of
Selectmen have been deliberating over the Bound Tree ATV Club proposal
for about six weeks which includes the initial proposal, a public
hearing, a site walk and finally determining an agreement.
Chairman Hartman feels it is time to come to a vote, but first
Chairman Hartman had two more questions. The first question is he wants
to make sure the property owners on the portion of the trail that was
changed to Dummer Road have been notified and secondly he wants to make
sure the Town’s of Henniker and Hopkinton are aware of what the Town
of Warner is agreeing to with the Bound Tree ATV Club.
Boundtree Road deposits into Henniker and Hopkinton roads and on
Hoyt Lane the road deposits on a Henniker property.
Chairman Hartman recommends before a decision is made that the
two Town’s should be notified and the Board should review their input. Selectman Carson has some questions and
requests as well. He said he thinks Hoyt Lane will become a trail head into the
Mink Hills impacting Henniker and Warner the same for Dummer Road.
He feels it will be difficult in preventing these areas from
becoming trail heads because there are areas for parking.
Another concern is how the Board will determine whether or not
the trial period is a success, what measurements will be used.
What is the assessment on the conditions of the roads today and
will the Board be able to look at the conditions of the roads a year
from now and make a determination.
Selectman Carson said he tried to hike all the sections of roads
involved in the proposal, while hiking he waved to all the dirt bikes
and ATVs, he said he is not sure what giving permission does when the
roads are already being used. He
asked if giving permission means the Town is going to actively enforce
traffic on the proposed roads and enforce no traffic for ATVs on the
other roads. He feels there
should be a policy in place for both ATVs and snowmobiles, and also he
believes the Board has received a recommendation to look at how the
Class VI roads in the Minks should be used, for all uses, not just ATVs.
Selectman Carson said he would like to give permission to access
the section of the trail that the club currently has but before
permission is granted to other sections he thinks the Board should look
at all the uses of the roads and he also feels the Board should consider
Rebecca Coursers recommendation of establishing a committee.
Selectman Carson is not prepared to vote in favor of the
agreement as written. Selectman
Karrick asked Selectman Carson to show on a map what he is proposing.
Selectman Carson said Boundtree Road to the gated trail that cuts
over to Sanborn Road which creates a loop to the existing trail around
Bear Pond. Selectman Carson
feels strongly that if Dummer Road is allowed the area will become a
trail head which will promote use.
He also he spent time around where the old Hoyt School House was,
he said it was a thorough fare for dirt bikes.
Bound Tree ATV Club member Paul Violette
commented that the Club has cut the original proposal of 8 miles to 3.8
miles to try to come to a compromise. Chairman Hartman said the 3.8 mile
proposal is a modest proposal compared to the original one, modest in
the amount of Class VI highways being considered as well as using
private land, which the Selectmen have no authority over.
He also understands the commitments the ATV Club has made; they
agree to mark, sign and maintain the Class VI roads in a proper and safe
manner. And what that means
to Chairman Hartman is the Club will try to manage the trails as they
are not being managed now. Chairman
Hartman is not prepared to develop an evaluation tool that will be
applied next December 1, 2011 if permission is granted.
He said in generalities he would look to see if in fact trail
heads have developed, if they have become a nuisance, if the trials have
failed to comply with best management practices.
He also said that the agreement if granted can be denied at any
time during the trial period. Chairman
Hartman said that he is prepared to sign the agreement after the
property owners on Dummer Road have been notified and both Henniker and
Hopkinton have been notified. Selectman Carson said he can go along with
Dummer Road and Bear Pond Road provided Dummer Road does not become a
trail head. He thinks Hoyt
Lane has not been used for vehicular traffic for quite some time and to
open it up is a change of use over what it is commonly used for today.
He also feels usage of Hoyt Lane should be determined before any
permission is granted. He
said the Board needs to consider the other people that are using the
Class VI roads in what makes sense for all the people using the Mink
Hills. He thinks to make
the decision for just ATVs is ignoring the other uses for the Class VI
roads. Selectman Karrick confirmed that Selectman
Carson would be in favor of granting permission for Dummer Road up to
the cross trail and back down to Sanborn.
Selectman Carson said it makes a nice loop, it gives a little
access to the people in Warner who have ATVs, and his only concern is
Dummer Road becoming a trail head.
Selectman Karrick recommended
photographing the areas the Board is considering.
Selectman Carson said very few towns have
agreed to open their Class VI roads to ATV traffic.
He said by taking a cautious step in seeing how it works is a big
step in comparison to what the neighboring towns are doing.
Chairman Hartman feels ATV traffic is State wide.
Selectman Carson asked if permission is granted is the Town
prepared to post the other roads limiting ATV traffic.
Chairman Hartman said the Bound Tree ATV Club said that they
would post roads that are not approved.
The Town Administrator said by law there is no permission any
where. Selectman Carson
said that is why an enforcement policy is needed. Chairman Hartman said he would reconsider
the use of Hoyt Lane if the Town of Henniker was against the ATV use.
If there is no opposition he recommends granting the agreement as
it stands with a trial period. The Town Administrator will notify the
property owners on Dummer Road and contact the Town’s of Hopkinton and
Henniker. Further action
will take place at the next Selectmen’s meeting scheduled for August
17th. 5. ATV Policy Discussion Selectman Carson recommends an Off Highway
Recreational Vehicle Policy (OHRV), he created a draft version of a
policy and recommends further discussion after the Board has given the
draft some thought. The
topic will be placed on the August 17th Selectmen’s
meeting. 6. Mink Hills Committee Selectman Carson feels the policy, forming
a committee and granting permission to use Class VI roads go hand in
hand and should be addressed together. 7. Public Comments – ATV Paul Violette asked if the Board could
share the draft versions of the policy and committee formation so that
he could respond back to the Selectmen.
Selectman Karrick explained the Board also
received a petition with over 100 signatures asking the Selectmen to
consider the application submitted by the Bound Tree ATV Club.
Stephen Trostorff asked what will be done
about the current ATV activity, how is the law going to be enforced on
the Class VI roads. Chairman Hartman said enforcement can be on the agenda of the
Minks Hills Committee. Mr.
Trostorff feels the law is being ignored. The Town Administrator
explained enforcement would require patrolling Class VI roads and the
areas that cannot be accessed by the current vehicles would need to be
accessed by another source that can reach those areas and that would
require the Town to raises funds to do so. An audience member does not feel because
there is unlawful ATV usage that the answer is make it legal and allow
the club usage and usage from out of state.
Who will keep track of who is a club member and who is not.
Paul Violette said in concern with
policing the problem now he believes that if an ATV club is allowed
there is State funding available for the Police Department to purchase
an ATV and there is also funding available for patroling hours at no
cost to the Town. Martha Mical commented that it was ATV
users that rescued the hikers that were lost, and it will be the ATV
users that always come to the aid of accidents out on the trails. Nancy Martin asked if the Board is
creating a liability by granting permission, and is there any liability
for damages caused by ATVs to the landowners that abut the Class VI
roads. Mr. Violette
explained that there was a property owner that experienced damage from
other riders and the Bound Tree ATV Club assisted by setting up barriers
that blocked off the land and they also posted for no riding and so far
no one has moved the barriers. 8. New Hampshire Energy Reduction Fund Selectman Carson attended a session held
by Community Development Finance Authority (CDFA).
The discussion was about an established Municipal Loan Fund for
energy projects. The interest rate for energy project loans is extremely low.
The project would need to have a net positive cash flow, for
example the repayment for the loan would be less than the savings
realized by the project. Chairman Hartman right now is not in favor of the program
because he feels for a $50K project the money could be raised at Town
Meeting and the Town would realize the savings immediately.
Martha Mical said the Board could apply for the loan and if it
was approved the Board has the option of not accepting it.
The Board agreed to have Selectman Carson move forward with the
application. 9. Town Administrator’s Report Household Hazardous Waste – Household Hazardous Waste Day
will be held on September 11th by Clean Harbors.
The agreement has been received and needs to be approved and
signed. This is the same
agreement used with Clean Harbor last year.
Chairman Hartman signed the agreement.
Selectman Carson asked if the Town should make recommendations to
residents about best environmental practices to dispose of expired
medicines. Chairman Hartman
said that there is information available from the Department of
Environmental Services on many similar items, his question is how would
you get the information distributed, maybe a paragraph about a
particular item in the Newsletter as well as the website. Fire Department Pumper – Chief Brown received notice that
the pumper chassis will be delivered on or about September 15th.
The paperwork is underway for the financing and Lake Sunapee will
be meeting with the Selectmen toward the end of the month to finalize
the documentation. Inventory Forms – At the last Selectmen’s Meeting, the
Selectmen asked the Town Administrator to check with the Town Clerk and
the Assessing Clerk with regard to how they use the Inventory Forms
particularly in conjunction with dog ownership and school children. Currently, the Town Clerk does not use the forms to check dog
ownership due to time constraints although she feels it could be a
useful tool. The Assessing
Clerk has used the forms to check students when she receives the student
lists from the school but hasn’t received a list in awhile.
The cost of processing the forms for the last couple of years has
been covered by the penalties charged for those who do not return them
and it is anticipated the same would hold true if they were used again
this year. Chairman Hartman said the forms were
originally implemented because at the time the Town did not require
interior building permits. Chairman
Hartman asked Assessing Clerk, Martha Mical if the Inventory Forms have
been useful in regards to home improvements.
Ms. Mical said she usually picks up 6 – 12 circumstances that
required a building permit, her newest concern is for the accessory
building that is 120 square feet or less that does not require a
building permit, she feels there is probably not a lot of them but she
said the Town is required to assess those buildings.
She would like to see the Planning Board reverse that change.
Ms. Mical said the Town Clerk’s office has used the forms to
verify residency. Selectman
Carson asked if the Planning Board could readdress the 120’ accessory
building, it could require a notification for tax record purposes.
Selectman Carson asked the Board if the
Planning Board changed the requirement for a building permit would the
Town still use the form. The Town Administrator said if the penalties were not
covering the cost then it would not make sense to continue the forms.
Ms. Mical said the last round of forms generated $8K in penalties
and processing the forms is costing about $1,500.
Selectman Karrick moved to
implement the Taxable Inventory Forms for one more year.
Selectman Carson seconded the motion; all were in favor, the
motion passed. Land Donation – The Town received a letter from Donald
Crotty and Cynthia Blanchette with regard to Map 7 Lot 50 which is a
parcel of land consisting of 3.2 +/- acres of swampland located on the
Warner River that they would like to donate to the Town.
A copy of the letter and tax card has been given to each Board
member for review. If the
Board is interested in this the Town Administrator will send it to the
Conservation Commission and ask for their input on the parcel.
Selectman Karrick asked what the advantage is for the Town to
accept the land. The
property is close to other conserved land, the value of the property
amounts to $820. Martha
Mical added in the past there was conversation about the possibility of
needing a well and this land is in the area of interest.
The Board agreed to send the interest to the Conservation
Commission as well as the Warner Village Water District. Hayward Property – The Town Administrator has been in
contact with Phil Miles at NH Department of Transportation with regard
to the right-of-way that is owned by the State on the Hayward property
and has been given information as to who to submit a proposal to obtain
ownership of a portion of the ROW.
The Town Administrator has also sent a letter to the Kirchner’s
with regard to an easement for the sewerage pipe but has not heard back
from them as to their interest. Moser
Engineers submitted a proposal to do engineering and the Shoreland
Permit Application. A copy of that proposal has been given to each of the Board
members. A boundary survey
would need to be completed first before the shoreland application can be
submitted; the cost for the survey is about $4,400.
Ms. Hayward would like to sign a Purchase and Sales with the
Selectmen and the Town Administrator has drawn one up for the Board’s
review which outlines the contingencies that have been discussed.
Selectman Karrick moved
to approve up to $4,400 for engineering services proposed by Moser
Engineering for the boundary survey and the shoreland permitting.
Selectman Carson seconded the motion; all were in favor, the
motion passed. Interoperability Memorandum of Agreement – Chief Brown
dropped off a MOA between the Town and the State for the reprogramming
of the radios that the Town had received under the PSIC Grant years ago.
This agreement must be signed by the Chairman of the Board which
completed by Chairman Hartman. 10. Consent Agenda Selectman Karrick moved to approve the
Consent Agenda for August 3, 2010;
Dog Fee Refund – Sandra Bull $33.50 Selectman
Carson seconded the motion; all were in favor, the motion passed. 11.
Manifest Selectman Karrick moved to authorize the
Selectmen to sign manifests and order the Treasurer to sign Accounts
Payable check numbers 44726 – 44764 in the amount of $149,094.86.
Selectman Carson seconded the motion; all were in favor, the
motion passed. 12. Meeting Minutes Selectman
Karrick moved to approve meeting minutes dated July 6, July 15 & 21, 2010. Selectman
Carson seconded the motion; all were in favor, the motion passed. 13.
Other Business Selectman
Carson would like to hear from the Board members their reasoning on why
they feel it is a good idea to allow the Bound Tree Club use of the
Class VI roads, their thought process and why they feel it would be good
for the Town of Warner. Chairman
Hartman said he will present his feelings more clearly; he does feel
however that he has expressed his thoughts fairly well.
Selectman Karrick agreed. 13. Adjournment At 9:11 p.m. Selectman Karrick moved to
adjourn. Board of Selectmen David E. Hartman - Chairman Respectfully submitted, Mary Whalen Recording Secretary
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