Date: January 4, 2010
Time: 6:30 PM
Place: Town Office
Present: Selectmen Daniel Donovan, III, William Condra and Richard
Rockwood and Recording Secretary Peggy Arn
Joyce Fisk attended the meeting to inform the Board of the elementary school spending $164,000 over budget. She stated that the reason was the special educational cost because they have so many children with special needs. If a child had an IEP, they are put in the special educational program. Mr. Rockwood asked if the special testing has been performed. Ms. Fisk stated testing is performed. She further stated that there are 14 extra aids just for special students. She estimates that the school will need more money by March. The school will have to do a Warrant Article for the amount of $164,000.00 to make up the deficit.
Dawn Tuomala of Monadnock Survey and Michael St Clair attended the meeting
to discuss the question of who has the right to maintain the Bennington
Battle Trail. Dawn made a presentation to the Board of the
history of how the Bennington Battle Trail had been reflected on the town
maps and subdivision plans. In the 1940 tax map updates
they showed Mike’s lot and then in 1978 a portion of Duggin Road
was relocated. The road was relocated because the Taylors did not
like cars going past the front of his house. Dawn stated that Attorney
Little stated that the land owned by Mike St Clair had to be accessed
by the Bennington Battle Trail. As further proof of the use of the
Trail, when Taylors subdivided their land, the plans showed the Bennington
Battle Trail and was accepted by the town. Recently Doug St Clair
did a lot line adjustment with the Doeors which added several acres to
their abutting property.
When Mike was putting gravel on the Bennington Battle Trail, the Doerr's
informed him that the Bennington Battle Trail is their driveway and therefore
Mike cannot maintain the road to the condition needs to be. Mike
has an agreement with the town that he can build on a class IV road that
agreement was recorded at the Registry of Deeds. Mike would like
to have permission to make the road wider so that an emergency vehicle
could get to his land when he does build a house on his lot.
He would like to cut trees that would be in the way of widening the road
but not more than 12 feet. Discussion ensued as to what the Board
would do to show that Mike has the right to maintain and have access to
his land via the Bennington Battle Trail, which is a class VI road.
Chairman Donovan stated that the Statues give the Board authority to give
permission to maintain a Class VI road. The Selectmen will review
the issue and write a letter addressing the use of the Bennington Battle
Trail by Mr. St Clair.
Jim Tuttle attended the meeting to discuss the contract and Intent to
Cut around the old reservoir and new reservoir. The contract as presented
by Mountain Trucking Company, Inc. is predicated on the old reservoir work
being done without charge and then timbering on the new reservoir.
The content of the two contracts was discussed, with a couple of changes
to be made. Mr. Rockwood has no objection to the new contract.
Mr. Donovan asked who gets the revenue from the timber sale. Spencer
Brookes stated that it is his belief that the revenue should go to the
Conservation Commission per agreement when the Commission was started.
Mr. Tuttle feels it should go to the Water Department. Mr. Rockwood
stated if the Warrant Article to hire an engineer to give an opinion of
what is to be done to the old dam and reservoir is approved, the $10,000
cost should be offset by this revenue. It was estimate that the revenue
could be between $10,000 and $16,000.
Mr. Brookes stated that he is concerned that the logging be done in
a proper way and that the laws for logging be followed. Chairman
Donovan stated that the contract under consideration, states that the laws
will be followed.
The Board agreed that they would approve the contract with option 2
being chosen. This option states that they will conduct tree cutting
services in conjunction with the forest management and timber harvesting
work to be conducted on the New Reservoir Land, Tax Map D-047, at no additional
charge. Discussion ensued as to where trees would be cut and how
many. Mr. Brookes and Mr. Faiman stated that they are concerned with
trees being cut along the side of the old reservoir. They are very
concerned that there are not adequate trees to keep erosion from happening.
It was stated that both contracts need to have statements that the state
timbering laws will be followed.
Neil stated that he had walked the land and marked trees that he feels
do not need to be cut down. Jim stated that these trees on Putnam
Hill side were not going to be cut by this contractor. Michael Guay
has offered to take these trees down with his horses so that there will
not be any more disturbances to the land than necessary. Neal feels
that whoever cuts these trees should have a contract and will follow state
rules for logging.
Mr. Tuttle stated that he would like Sand Hill Road plowed because of the dry hydrant and that there be access to the old reservoir dam. The road has never been plowed. Mr. Donovan then asked how many Class V roads in Wilton are not plowed. Mr. Donovan does not know of any statue that gives the Board authority not to plow a Class V Road. The Board agreed to ask the Highway Agent to plow from Isaac Frye to the new reservoir.
Chairman Donovan stated that the town has not had an impact fee because in order to do so, the Capital Improvements Plan needed to be updated. The CIP has been updated, and discussion ensued on the implementation of such. The Board agreed that they would send letter to the Planning Board suggesting that they consider an ordinance for an Impact Fee that would be fair to all developers.
Mr. Rockwood asked about the contract with members of Recycling and Ambulance Departments. Contracts will be reviewed and a meeting set up with member towns. A meeting will be set up on January 21, 2010 at 7:00 pm for the Recycling Center member towns.
The bills and payroll for the week ending January 2, 2010 were reviewed
and approved.
Correspondence and informational material was reviewed.
The meeting adjourned on a motion at 7:45, with all in favor.
Respectfully submitted;
Peggy Arn, Recording Secretary