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Warner Board of Selectmen Meeting Minutes May 13, 2008 Meeting opened at 6:00 p.m. In Attendance:
Selectman Richard A. Cook - Chairman Selectman
David E. Hartman Selectman
David Karrick Jr. Laura
Buono – Town Administrator Absent:
None Others Present: Tracy Bryant
Rich Bourgeors Jr.
Ken Klinedinst
John Healy Ray Martin
Nancy Martin
Paul Violette
Richard Strickford William Simpson Jr.
Alan R. Piroso
Ed Mical
Susan Bliss Jim McLaughlin
Joan Packard
Allan
N. Brown
Peg Bastien John Dabuliewicz
Susan
Hemingway
Chuck Thoits
Robert DeAngelis Pat DeAngelis
David Ries
Brian Hotz
David Carle Pamela Carle
Faith Minton
Charlie Goodwin
Marianne Howlett Rick Davies
John Warner 1. Bound Tree ATV Club – Permission to Use Class VI Roads Paul Violette who is a member of the ATV
Club introduced William Simpson and Richard
Strickford from Hopkinton, NH who are also members as well as Alan
Piroso from Warner, NH. Mr. Simpson explained that the Bound Tree Club was
created after laws went into effect which did not allow riding in areas
if there was no permission from the landowner. Mr. Simpson worked on
legalizing areas to ride for everyone.
Once trails were legalized in West Hopkinton the club experienced
an increase of Warner residents as members. The club has obtained
permission from the Town of Hopkinton as well as Warner property owners
to ride on identified trails.
The reasons for requesting the use of Class VI roads is the club
would like to legalize the use of ATV’s and post the roads so no one
will be breaking the laws. One
of the benefits would be the club members would maintain the Class VI
roads to a certain level that are used as trails. Mr. Strickford explained the club was established in order to
obtain some organization and control over ATV’s and dirt bikes running
through Hopkinton NH and up through Bear Pond. Mr. Strickford is in
charge of the stewardship for the land around and up through Bear Pond,
438 acres, as well as overseeing the 200 acres that is in a conservation
easement. Initially the Contoocook Precinct posted most of the land
trying to keep activity out of the boundary limits of the Precinct;
enforcement didn’t work. The
Contoocook Precinct decided to open the land and only post the immediate
shoreline around Bear Pond. The
land was open; the trails were identified for biking, hiking,
snowmobiling etc. and since, there has been no vandalism of any nature.
Mr. Strickford presented a copy of the club’s bylaws.
The Club is requesting that the Selectmen
allow use of a portion of the Class VI roads on a one-year trial basis
with the hopes of showing the Selectmen ATV’s will not be a major
problem. Mr. Strickford
presented a map of the current trail system that begins in West
Hopkinton NH which includes the Class VI roads the club wishes to
access. Mr. Strickford said
the club would be willing to unplug some culverts that are located by
Hoyt Cemetery, as well as the first section on Judy Town Road. Mr. Strickford has spoken with the Director of Public
Works who had no objection to the club using the Class VI roads.
Mr. Strickford also presented a copy of the Sate Law that
explains the Selectmen have the authority to allow ATV’s on Class VI
roads. Selectman Hartman asked if there is a
current agreement with the Kearsarge Snail Trails which use the Class VI
roads. The Kearsarge Trail
Snails do use the Class VI roads, it is unknown if there was ever a
written agreement. Chairman Cook has letters of support from
the Fire Chief, Police Chief and the Director of Public Works and one
e-mail from Conservation Commission member Sarah Allen who opposes the
request. Alan Piroso said that ATV’s have been
riding the Class VI roads for years; the club wants to make it legal.
The club would police trash once a year and he feels the roads
would be in better shape than they are now.
Mr. Piroso also feels the Fire Department will benefit as well as
cross country skiers, hikers, and anyone who wants to use the Class VI
roads. John Healy feels the ATV Club which has a
number of retired Police personnel will also assist in policing the
Class VI areas. Ray Martin owns land on a Class V seasonal
section of Henniker Road, he asked how the club is going to keep the
ATV’s/motorcycles leaving the road and going up into the trails.
Mr. Martin believes it would be difficult to police that area
once they leave the Class VI road.
Mr. Martin asked if this request is approved will the trails end
up on a website or official trail map that will bring in more people
than the Bound Tree ATV club, and how can that be controlled. Another
question he had was how do you keep the ATV’s on the roads and how is
it going to be policed. The club representatives said signs are
the best control tool; the club encourages its members to pick up trash
and obey all signs. Although, as soon as the club accepts funds from DRED the
club is entitled to provide maps, the club has not applied for funds nor
do they intend to, they do not want the trails showing up on a website.
The club will post the roads that are closed, after that it’s
up to Fish & Game to enforce. Richard Strickford commented that
regardless of whether or not the Town allows use of the trails by the
club which is not asking sole usage, they wish to share the trails,
there will be ATV’s using the trails.
Ray Martin asked how far and wide is this
advertised. A club member said they do not advertise anything, it’s a
local club. They do have
maps available to anyone who asks for one.
Chairman Cook purchased a map from a local convenient store; he
is concerned if Warner’s trails are on the ATV map that more people
will be attracted than wanted because there are a variety of trail
users. One of DRED’s
preferred ways to expand trails is using Class VI roads.
Chairman Cook has noticed the municipalities that have granted
permission are now on the State wide trail map; Chairman Cook is not
comfortable with this for Warner. A
club member said that the club has not applied to DRED for funding; the
club contributes their time and their own money to maintain the trails.
Chairman Cook said that is at this time, in the future new
members may decide to apply to DRED.
Susan Bliss has a concern about attracting
more people and having the trails advertised.
Ms. Bliss does not want to see excavators or machinery cleaning
up the Class VI roads, she recommends shovels only and also feels the
ATV’s will ruin the trails for everyone. Brian Hotz is a Conservation Commission
member and is concerned about the character of the Mink Hills.
There are easements that have had ATV damage.
Bringing in more ATV’s scares a lot of people, and it is felt
there will be more problems. With
the conservation properties, most of the easements are held by the Town
which would put the Town in an enforcement situation if third parties
are damaging the conservation lands.
Rebecca Courser read a letter from Alice
Chamberlain. Ms.
Chamberlain’s letter expressed her opposition toward allowing ATV’s
to use Class VI roads in the Mink Hills.
Ms. Courser asked what the total mileage is now for the ATV club
in Hopkinton. A club member
said about 16 miles. Ms.
Courser is also concerned about the trails being publicized, over time
member’s change and bylaws change.
Ms. Courser asked how the club would enforce proper use of the
trails. A club member said
they would be stopped and informed of the violation and the potential of
loosing the use of the trails. Ms. Courser feels with more users and more use of the trails
brings more problems. David Carle said before he purchased land
in Warner he purchased a trail map and chose land that did not have
trails near it; he was looking for the wilderness approach.
Mr. Carle is concerned that this is the beginning of change;
sending heavy equipment on the Class VI road is going to need policing;
regardless of whether or not the club wants to publicize these trails,
its public information. Also where are vehicles going to park when the trails are
being used? Mr. Carle is
concerned about the affect to area wildlife, will the use of the trails
be a formal agreement and how will the agreement be enforced.
Mr. Carle has reports on the impact to Yellowstone by snowmobiles
and other similar uses, the pollution, water quality issues etc.
Mr. Carle feels there are a number of policy issues that need to
be worked out. Sue Hemingway shared some concerns from a
landowner who donated 430 acres to a conservation easement around
Cunningham Pond. The
concerns are noise pollution, lack of policing and the affects on
wildlife. Ms. Hemingway
found one RSA that stated although landowners are protected from injury
they are still liable for damage to protected resources.
Ms. Hemingway in her reading did find creating legal road ways
hasn’t shown that the riders are more likely to stay off of
unauthorized trails. John Dabuliewicz has mixed feelings, he
respects what the club is proposing but he also shares the same concerns
that have been expressed and asked the Selectmen not to approve the ATV
clubs request. Peg Bastien said her husband has been
running the trails for a number of years and over the last few years he
has seen an increase numbers of vehicles on the trails and has given up
running the trails. The
erosion and ruts have increased and she is concerned that more vehicle
traffic will ruin the trails for those who enjoy them by foot. Joan Packard feels if this request is
approved for one year there should be specific criteria that could be
used to judge its success or failure.
Charles Goodwin is also concerned about
the noise and erosion and feels the request is a bad idea and asked the
Selectmen to not consider the request. Nancy Martin also feels the increase in
noise would diminish the pleasure of the Mink Hills. Mr. Carle feels there is a bigger policy
issue at hand, and feels a lot of thought needs to be put into a plan.
Chairman Cook has looked into ATV use
within the State; he has reviewed DRED’s bureau trail plans for
ATV’s within the State. Chairman
Cook’s concern is specific to the Mink Hills; the Town has spent a lot
of time, energy and money conserving the land in the Minks by using
taxpayer dollars, as well as money from Federal and State sources.
The number one purpose in conservation easements is to conserve
wildlife habitat. Chairman
Cook sees that allowing ATV use counteracts against the easements.
Chairman Cook feels there should be places where ATV’s are not
allowed. Chairman Cook is
opposed the Bound Tree request. Someone asked what the Town is going to do
about the jeeps and the pick-ups that tear up the Class VI roads.
Chairman Cook agreed that those vehicles are also a problem, but
those vehicles are allowed. Selectman Hartman said the major concern
is having trails on maps. In
his experience as a cross country skier and a trail walker when it comes
to snowmobiles versus ATV’s, Selectmen Hartman feels ATV’s cause
more damage to the trails. Selectman
Hartman does not feel the Board should act on Bound tree’s request
this evening, he feels whether or not it’s a good idea to promote the
trail system in the Mink Hills is not a decision the Board should make
on their own. Selectman
Hartman is not in favor of promoting the trail use in the Mink Hills for
a vast number of users. Selectman Karrick is not satisfied that
the Town has the structure in place to enforce the usage of these
trails. Chairman Cook recommends placing this
request on a future agenda focusing on what further information the
Selectmen would want in order to make a decision.
2. Highway Department Budget The part-time labor has been over spent
due to the winter. Chairman
Cook asked Allan Brown how he will deal with this issue over the rest of
the year. Mr. Brown said he is $30K over budget because of the winter,
projects will be cut back, and projects that will be worked on will be
FEMA related. Mr. Brown
said he will be cutting back on the gravel, instead of 20K yards he will
only do 10K-12K yards, calcium chloride will only be applied by request
only. Chairman Cook
recommended that Mr. Brown meet with the Town Administrator and look at
places within his budget where savings may be made.
One suggested area is line stripping for $4,500.
3. Rick Davies – Welcome to Warner Sign Men’s Club representative Rick Davies
presented some sign ideas to the Selectmen as well as some landscaping
ideas around the sign. Once a design is chosen lead time is estimated to be about 2
months. Mr. Davies said he
has been in contact with the State about the sign; the State would like
to see the final plans before installation.
Mr. Davies said the Business Association recommended adding
information about the businesses in Town.
Mr. Davies is looking for direction from the Selectmen.
Mr. Brown recommended obtaining a sign permit from the State.
Chairman Cook agrees that the current signs need to be
replaced with new signs. Selectman
Hartman is not in favor of adding business advertisement on the sign, he
favors the simple Welcome to Warner with the established in 1774 logo
with the covered bridge logo. Selectman
Hartman does not feel advertising on the Welcome to Warner sign is going
to attract more people downtown. Ms.
Buono explained the thought behind the Business Association’s
recommendation is they are trying to find different avenues to promote
more retail business in Warner. Ed Mical commented that he likes the signs
as they are. Mr. Mical said because of the Men’s Club the Town Hall
was able to update the lighting and sound equipment.
Ron Wirth asked what the minimum and
maximum cost is over the various proposals.
Mr. Davies said the cost for one of the signs is $400; the
plantings are budgeted at $500 for one sign.
If the Selectmen are interested in a carved sign, the current one
could be repaired for a year and then maybe a fundraiser could be
considered to help finance the sign.
Marianne Howlett mentioned using resources from the State Prison.
The Selectmen will forward their decision at a later date. 4. Transfer Station Facility Committee Timeline Report Committee members are John Warner, Rick
Davies, Selectman David E. Hartman and Richard Carter. Committee member
Rick Davies presented a timeline as requested from the original charge
that was put forward by the Selectmen.
Selectman Hartman added that the Regional
Co-op Board of Directors will hold a meeting on May 20th to
decide upon single stream recycling.
Allan Brown asked if each town in the co-op will be voting,
Selectman Hartman said yes. Chairman Cook asked Selectman Hartman how he
will vote. Selectman
Hartman said he needs to first listen to the presentation at the co-op
meeting, and his inclination this evening is that he would want to bring
back information from that presentation to the Board of Selectmen for
further discussion, he intends to recommend to the co-op that voting
would be unwise without further discussion with the Selectmen. Ken
Klinedinst asked if a public hearing would be held in Warner.
Selectman Hartman asked Mr. Klinedinst if he is referring to the
Regional Co-op building the facility, Selectman Hartman said he hadn’t
thought of a public hearing as something that is needed, but perhaps the
co-op would want a public hearing as well.
Chairman Cook said if the co-op votes to approve single stream it
does not bind the individual towns.
Mr. Klinedinst asked where the information is saying the Town is
not obligated. Ms. Buono
said there is no contract with the co-op obligating the Town to single
stream, the co-op is saying that there is enough need and enough Towns
to utilize single stream, Warner is not obligated to do single stream,
this would be an option. Mr. Healy asked if the co-op approves
single stream, who makes the decision for Warner.
Selectman Hartman said this type of decision would come back to
the Town by either a Public Hearing or through a vote at Town Meeting. Ron Wirth said there are 27 towns in the
co-op and understood 51 towns were needed in order to justify a single
stream facility. Selectman
Hartman said the co-op is focusing on ideal tonnage, to run a minimum
operation he believes that 15K tons per year is needed, to run at
maximum, 25K tons would be needed. Selectman Hartman said the maximum tonnage through the co-op
members is not available at this time; it would be developed through the
co-op members. The total
tonnage measured last year was 10K tons; the co-op has begun marketing
for other communities to see if there is any interest. Mr.
Wirth understands in order for the co-op to move forward they would need
a contract from a minimum number of towns.
Mr. Klinedinst asked how the single stream
plan is funded. Selectman
Hartman said the co-op would fund the project. Chairman Cook brought the discussion back
to the timeline. Mr. Warner feels one of the key elements that is important
for long range planning is flexibility.
There is a lot of fluctuation that is on going in the recycling
industry, new technologies, new opportunities, closing landfills,
increasing fuel prices etc. The
committee is trying to identify what some of those issues are in order
to structure some sort of a plan. The
committee is working with four choices, single stream, existing
operation, as well as two technologies that may prove to be more in the
horizon. 5. Tax Collector – Deeding Tax Collector Marianne Howlett presented properties that have past the May 9th deadline for deeding. The Selectmen will review the provided information in a non-public session. 6. Meeting Policy Ms. Buono said the boilerplate policy
covers posting requirements to whether or not
the Selectmen wish to require all committee’s to record their
meetings as well as posting the Selectmen’s, Planning and Zoning
meeting minutes on the website. The policy is up to the Selectmen’s discretion.
Chairman Cook recommends meeting with the various committees and
their chairs and secretaries and discuss the policy.
Mr. Wirth recommends explaining how the switch to digital makes
the process easier. Mr. Klinedinst asked if the existing tapes
will remain in a permanent state. Chairman
Cook said there has been no discussion yet.
Mr. Klinedinst feels that since the Town is using the digital
technology there is no point in erasing the audio tapes that are
currently on file. Ms. Buono said that is a decision to be made by the
Selectmen, by law the Town is not required to retain the tapes. 7. Children at Play Sign – North Village Road In 2005 the Highway Safety Committee
approved the placement of a “Children at Play” signs on North
Village Road; the original request was submitted by Kristie Ruff.
At that time the Selectmen did not act on financial
responsibility. Ms. Ruff
recently contacted the Selectmen’s office and inquired about the signs
again. Selectman Karrick
made a motion to purchase the
Children at Play signs passing the cost onto the requestor (Kristie
Ruff). The signs will be installed by the Highway Department.
Selectman Hartman seconded the motion.
All were in favor, the motion passed.
8. Energy Committee – Volunteer Interest The Energy Committee chair has recommended
that the Selectmen appoint Peter Ladd, Susan Olsen and Susan Hemingway.
The Selectmen have already met with Peter Ladd and requested to
meet with both Susan Olsen and Susan Hemingway.
Selectman Karrick made a motion
to appoint Peter Ladd to the Energy Committee. Selectman Hartman seconded the motion. All were in favor, the motion passed. The Selectmen recommend a policy for
Selectmen’s Committee appointments to be reviewed on an annual basis. 9. Alternate to the Concord Regional Co-op Selectman Hartman made the motion
to appoint Allan N. Brown as the Alternate representative to the Concord
Regional Co-op. Selectman
Karrick seconded the motion. All
were in favor, the motion passed. 10. Administrator’s Report Collateralization Agreement – David Karrick and Ms. Buono
met with representatives from Sugar River Savings Bank with regard to a
collateralization agreement. This
agreement was a recommendation by the auditor’s. A sample agreement
was provided of which copies have been supplied to each Selectman.
The agreement was faxed to Town Counsel for his review and he has
stated that it appears to be standard wording but would recommend that
we are aware of what is protected and keep track of it.
A mechanism should be put into place to monitor our balances as
well as the strength of the bonds that are insuring our funds.
Selectman Karrick strongly recommends the agreement as well as
reviewing the collateral on an annual basis. Selectman Karrick is
qualified to review the collateral but recommends working in conjunction
with the Treasurer. Selectman
Karrick recommends a Selectman, the Treasurer, Bookkeeper and Town
Administrator to review the collateral on an annual basis. Transfer Station Site – Ms. Buono has spoken with Phil
Miles with regard to the purchase of the Transfer Station.
Ms. Buono indicated that the Selectmen would like to move forward
with the purchase of the site and asked what the next step would be.
Mr. Miles stated that Ms. Buono should send a letter and he will
submit the sale for approval to the Long Range Capital Planning
Committee. He would like to
get this on their agenda for May 27th if possible.
The Committee’s next meeting after that is August 26th.
Ms. Buono explained to Mr. Miles that the Town has a portion of
the funds but would need to go back to March Town Meeting for the
remainder. Ms. Buono asked how that would work out with the lease
expiring in December 2008. Mr.
Miles said approval could be granted until March or Ms. Buono
recommended a new lease price which would go towards the purchase price. The Town has received comparable appraisals from two local
realtors. Magtech – Although the Planning Board advised Magtech on
May 5th that they did not need a site plan review, during the
building permit process it was discovered that Magtech will need to go
to the Zoning Board for a special exception with respect to
manufacturing. Their
building permit has been placed on hold until that requirement has been
satisfied. Chairman Cook asked if the parking expansion was discussed
during Magtech’s meeting with the Planning Board.
Selectman Hartman said not to the extent that a neighbor has
implied that Magtech was getting ready to cut down a number of trees in
back of the building. The
neighbor felt their privacy would be infringed upon.
Chairman Cook said the neighbors were concerned that there was no
public notice from the Planning Board, the meeting was a conceptual
where the decision was made with no ability for the neighbors to have a
say. Used Oil Grant – Allan Brown plans to purchase containment
material through the Used Oil Grant Program for the oil barrels at the
Transfer Station. The last grant that was recently sent in for the
trailers was denied so the money is still available. The Board will need
to make a motion to authorize him to be a signer on the grant paperwork
so that he can move forward with the application.
Selectman Hartman moved to
grant authority to Allan N. Brown as the grant signer for the Used Oil
Grant Program. Selectman Karrick seconded the motion; all were in
favor, the motion passed. Haight Property – Richard
Haight (Map 22 Lot 2) has responded to my December 2007 letter with
regard to returning their property to the original footprint.
Mr. Haight is asking for an extension of the June 1st
deadline due to access to the property in conjunction with the winter.
Selectman Hartman moved to extend the deadline for complying with the required reduction
of the structure located on Map 22 Lot 2 to September 1, 2008.
Selectman Karrick seconded the motion.
All were in favor, the motion passed.
Ms. Buono will meet with Mr. Haight and review what is expected. 11. General Comments Marianne Howlett commented in regards to
the non-public session for Map 14 Lot 16, she spoke in favor of the
property owner’s on-going efforts to make their property taxes current
and recommends the Selectmen grant an extension. Ed Mical informed the Selectmen that the
roofers completed a temporary patch at the Odd Fellows Building.
The valleys have been tarred as they can.
Some of the areas with slate, tar have been applied, and some
areas are in very tough shape. A
report will be submitted on their findings.
12. Manifest Selectman Hartman made a motion
to authorize the Selectmen to sign the manifest and order the Treasurer
to sign payroll checks numbered 41503-41550 dated 05/05/08 in the amount
of $40,436.81 and accounts payable checks numbered 41551-41586 dated
05/13/08 totaling $17,548.59. Selectman
Karrick seconded the motion; all were in favor, the motion passed. 13. Other Business Selectman Hartman will attend a Northeast
Resource Recovery Association meeting on May 14th, next
Tuesday he will also attend a DRA Exemptions & Credits Mini Course,
then he will attend the evening Regional Co-op meeting starting at 7:00
p.m. Selectman Karrick is attending a
Selectman’s training class on May 17th. Selectman Hartman informed that Board that
Barbara Annis was elected Chair of the Planning Board. Chairman Cook attend the May 8 Recycle
Committee meeting, there was a request to place a recycling structure on
the Town Hall property. Mr.
Mical feels the structure may detract from what is wanted in front of
the Town Hall; the size of the structure seems large (88” long).
There are many events that take place on the Town Hall lawn.
Selectman Karrick recommended making the structure more portable
so that it could be moved for certain events, not a permanent structure.
The Board agreed. Chairman
Cook said the Recycle Committee also plans to create some helpful
signage at the Transfer Station as well as identifying the recycle bins
with examples, Chairman Cook is unsure about the status of this plan.
Chairman Cook recommended sending a
congratulatory card to Simonds School staff & students expressing
the Board’s pride in their accomplishment in becoming an elementary
school of excellence in the State of NH. 14. Non Public Session RSA 91-A;3 II (c) Selectman Hartman moved to go into Non
Public Session per RSA 91-A;3 II (c) reputation.
Selectman Karrick seconded the motion.
Roll call vote: Selectman Hartman, Aye; Selectman Karrick, Aye,
Chairman Cook, Aye. All
were in favor, the motion passed. Selectman Hartman moved to close the non
public session and re-open the public session.
Selectman Karrick seconded the motion.
Roll call vote: Selectman
Hartman, Aye; Selectman Karrick, Aye, Chairman Cook, Aye.
All were in favor, the motion passed. Selectman Hartman moved to seal the non
public session meeting minutes. Selectman
Karrick seconded the motion. All
were in favor, the motion passed. 15. Tax Payment Deadline Chairman Cook moved
to extend the 2005 deadline to deed for Map 6 Lot 31, Map 6 Lot 35, Map
14 Lot 16, Map 7 Lot 67 and Map 2 Lot 5 and for the building located at
15 Pleasant Lane to August 1, 2008.
Selectman Hartman seconded the motion; all were in favor, the
motion passed. Motion was made to adjourn at 9:36 p.m. Board of Selectmen Richard A. Cook – Chairman
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