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2011 BOARD OF SELECTMEN MINUTES ~ TOWN OF HENNIKER |
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Available Meeting Minutes:
Draft or Adopted HTML version PDF (printable) copy Adopted January 4, 2011 January 4, 2011 Adopted January 25, 2011 January 25, 2011 Adopted February 1, 2011 February 1, 2011 Adopted
Adopted March 1, 2011 March 1, 2011 Adopted March 11, 2011 March 11, 2011
Adopted March 22, 2011 March 22, 2011 Adopted April 5, 2011 April 5, 2011 Draft April 19, 2011
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Town of Henniker
Board of Selectmen Meeting
Tuesday, April 5, 2011
Henniker Town Hall, Adopted Minutes
Members Present: Kris Blomback, Chairman; Leo Aucoin, Vice Chairman; Thomas Watman, Selectman; Robert French, Selectman; Ron Taylor, Selectman
Town Administrator: Peter Flynn
Guests:
Kim Johnson, Neva Foley, Leigh Bosse, Tom French, Bill McGirr,
Greg Aucoin, Carl Knapp, Laurie Sanborn, Andy Sanborn and Michael Pon
Recording Secretary: Cherry Palmisano
Chairman Blomback opened the meeting at 6:15 p.m. with the Pledge of Allegiance.
Selectman Aucoin moved, Selectman Taylor seconded to approve the Consent Agenda as presented. Passed 5-0-0
APPOINTMENTS:
Item 1: Neva Foley-representative from Senator Kelly Ayotte’s Office, regarding introduction and discussion of her role in constituent and board assistance.
Ms. Neva Foley informed the Board that on behalf of Senator Kelly Ayotte she is meeting with Boards in Merrimack County. Their office is based out of Manchester. Ms. Foley asked if there are any questions that the Board may have or questions from community members that the Board would like relayed to the Senator. Ms. Foley said that Senator Ayotte is committed to cutting spending.
Item 2: Senator Andy Sanborn informational pertaining to State Senate Bills
Senator Andy Sanborn said that he told the Board when he ran for office he would come before them every quarter if he were to be elected, and he is here to fulfill his promise. He said that they are trying to create jobs and expand the economic base. The Governor presented his budget in February and the House passed the $10.3 billion budget on Thursday; for comparison the budget in 2009 was $10.4 billion. There are fourteen different agencies in the state government. The General Fund is where tax revenue comes from. The challenge is that each agency (DES, banking, insurance) is self funded and he thinks that some should be exempt and do not get the oversight that the General Fund gets. They are having discussions to determine if they can effectively bring them back into the General Fund.
Senator Sanborn said that they have an ‘education funding’ problem. The House and the Senate both passed their paragraph to redefine their version of education. Some people don’t want to have courts involved in education; others don’t want the state involved, and there are some that don’t want either. They will be voting on who has the responsibility to dutifully establish and distribute the necessary funds and 60% of the vote in November will be needed. They crafted a new formula for education funding that will be the same for the next three years because they are trying to provide consistency to the numbers.
Senator Sanborn said that they feel strongly about local control. They did not repeal Evergreen, only to say that the state is not going to mandate it and it be up to the towns on whether or not to include it.
Senator Sanborn said that the retirement system has been promising an 8.5% return for several years, but is short $4.7 billion. There have been changes done, but those changes will only save $750 million.
They are working hard on culvert issues and there have been challenges with DES regarding culverts and bridges. They are working on a piece that has passed through the House and is coming to Senate.
The Pole Tax is on the table in the House. Senator Sanborn said that he is working with the legislature to eliminate it, which was promised to be only for two years. It raised $90 million, but only $30 million went back to local communities for betterment and $60 million went towards state salaries. There is an assessment of $1,000 on each pole. The only people paying the tax are those still using land lines, specifically the telephone poles owned by the telephone company.
The State of NH pays 25% of the retirement cost for all employees, but the Governor’s budget suggested it should go from 25% to 0%. The Governor’s budget came out after the town’s having their Town Meetings and calls for downshifting $256 million and the loss of school building aid. The House said they would not downshift that money to local communities, therefore they found the necessary cuts.
Selectman Watman commented on being thankful for not downshifting. He said either directly or indirectly the legislature gives them less money or is adding more to their bills, he would be likely to hold those senators liable for the downshifting. He asked how much it is going to cost the town, if they are in the hole, and have to go back to the taxpayers. Senator Sanborn said that he understands it will not take anything away from the town or increase the burden on the town. Selectman Watman said that if people need services and can’t get the services at the state level, then the town is responsible for helping those people. He feels it is an unfair tax system and said that the towns do not have a limitless pool of money to pick up the costs that might be burdened onto them.
Senator Sanborn said that they need to fundamentally change how government is run and fundamentally restructure how the state operates to make the state competitive and attractive to business.
Selectman Aucoin pointed out that DES has increased every fee they have, with no justification and points the finger at the Legislature mandating such fees.
Selectman Aucoin mentioned the Governor wanting to stop funding retirement systems and asked Senator Sanborn if this is what is going to happen in the future. Senator Sanborn said yes, the town should be responsible for their own employees, they will not lose it this year or next year, but after that there are no guarantees.
Senator Sanborn informed the Board that forty-seven states allow people to register their cars at the dealership and twenty-two states do it electronically. ADP is putting together software that will allow the towns to register cars at the time of purchase at the dealership. If successful ADP will pay for all of it and the dealerships will maintain the system. This will give Town Clerks the ability to pull information directly from the dealerships and give more money to the towns.
Senator Sanborn stated that he would return to update them in June.
Item 3: Rescue Chief Tom French – discussion and recommendation for ambulance purchase
Chief French said that they the Town called for bids twice for the new ambulance and both times the bids came back above their funding price. The Board gave him authorization to negotiate, but negotiations with Specialty Vehicles from Massachusetts failed. He continued to negotiate with Professional Vehicle Corporation out of Rumford, Maine and he was able to get the $210,310 base bid price down to $174,000 by negotiating line item pricing. He also found a chassis to purchase from Hillsboro Ford and that took another $10,000 off the cost. Mr. Gee’s tire saved them $1,000 on tires. The IV pump system costs $1,500 to $5,000, the ambulance-manufactured bid is $2,500, and he was able to get a quote for a refurbished model for $1,500. The final numbers being requested are:
$38,588 to Hillsboro Ford for
the chassis
$125,124 to Professional Vehicle Corporation (box, putting on the chassis and
set up as an ambulance)
$3,520.28 to Mr. Gee’s Tires for wheels and winter tires
$1,500 for the IV pump
Rescue Chief French said that in the past the old vehicle went to state auction, but he thinks they can generate more revenue through other sources. Once the purchase is completed, he will concentrate his efforts towards revenue from the ambulance. The revenue for the truck is not accounted for yet. All radios and regular equipment come off the old vehicle.
Selectman Watman moved, Chairman Blomback seconded to authorize the withdrawal of $142,500 from the Rescue Squad Ambulance Capital Reserve and expenditure of $26,190 to be raised from taxation per the quotations of Rescue Chief French, totaling $168,702. Passed 5-0-0
Selectman Watman voiced his appreciation to Rescue Chief French and his staff for all their work and due diligence towards the project.
Item 4: Marc McMurphy – Chair of the Recreation Director Feasibility Committee discussion regarding “Charge” and funding for 2012 Town Meeting
Chairman Blomback informed the Board that he received an email from Marc McMurphy informing them that he would be unable to attend tonight’s meeting due to illness. The discussion was delayed until the next meeting of the Board of Selectmen.
Item 5: Review and adopt public and non-public minutes of March 22, 2011
Selectman Watman moved, Selectman Taylor seconded to approve the minutes of March 22, 2011 as corrected. Passed 5-0-0
Selectman Watman moved, Selectman Taylor seconded to approve the non-public minutes of March 22, 2011 as submitted and to seal and restrict the minutes indefinitely. Passed 5-0-0
Item 6: Grange Building roof repair bid award recommendation
Mr. Flynn informed the Board that they received the following five bids:
Prep Contractors Plymouth, NH $14,500 OSHA violation
CK Landmark Corp Manchester, NH $14,900 No violations from OSHA
DGD Builders Northfield, NH $18,900 No violations from OSHA
CR Potter Co. Quechee, VT $19,420 No violations from OSHA
Target New England Winchester, NH $27,670 OSHA violations
Mr. Flynn recommends that CK Landmark Corp with a price of $14,900 be awarded the bid. Their references checked out and they have no OSHA violations. Mr. Flynn said that proof of worker’s compensation insurance and liability are being sent.
Selectman Watman moved, Selectman Aucoin seconded to accept the bid from CK Landmark Corp with a price of $14,900 to repair the Grange building roof and cupola subject to receipt of the appropriate insurance certificates.
Mr. Flynn said that he discussed with the contractor the practicality of waiting until the end of the school year so as not to interfere with the school buses. Mr. Flynn said that there should not be any change order and if so, the policy allows for no more than 10% of an increase to be authorized by the Town Administrator per the Town’s Procurement Policy.
Item 7: First reading: Drug and Alcohol Policy for certain Police and Fire personnel
All full time police and firefighters are subject to pre-employment, post-accident, random, reasonable suspicion, follow-up, and return-to-duty testing. All part time police and firefighters are subject to pre-employment, post-accident, reasonable suspicion, follow-up, and return-to-duty testing.
Mr. Flynn said that he has not heard anything negative from the police or fire departments regarding the policy following the second review by the department heads involved. He would like to forward the policy to town counsel for review. Mr. Flynn asked to move to the second reading in two weeks.
Selectman Watman asked if the testing is limited to testing for the five items listed in the policy or not limited to those five items. It was discussed that it should state, “not limited too.”
Selectman Aucoin moved, Selectman Watman seconded to accept the Drug and Alcohol Policy with changes as the first reading. Passed 5-0-0
Item 8: Town Administrator’s Report
1. Lot 98 Purchase Proposal – Mr. Flynn said that there is an issue and he is unsure if the discussion should be held in public or non-public session.
2. Old Concord Road Retaining Wall Repair – This discussion will take place in non-public session.
3. Salary and Benefits Survey – Mr. Flynn informed the Board that he would present this information at their next meeting.
4. Safe Routes to School – A meeting is scheduled for April 20th.
5. Western Avenue Bridge – It was mentioned that a discussion needs to take place on whether to spend the $40,000 remaining for engineering fees. Selectman Watman would like advanced notice of when the discussion will be on the agenda.
6. Western Avenue Sidewalk – Mr. Flynn said that Mr. Knapp is working on getting a bid once he gets the engineering specs developed.
7. Old Warner Road Application – There are no new updates.
8. Athletics for Youth Committee-Study Committee for Recreation Director – The discussion scheduled for tonight’s meeting was postponed.
9. Drug and Alcohol Policy for Non-DOT Employees – The first reading was tonight.
10. Solid Waste Management Committee – Mr. Flynn said that he is not sure if they are pursuing this because the survey has been completed. The Board said to remove this item from the list.
11. Soccer Field Lease from USACOE – The Board renewed the lease with the U.S. Army Corps of Engineers for another five years. (In the consent agenda tonight)
12. Grove Street – Mr. Flynn said he is talking with the representative from NEC regarding the timeframe and it was discussed that they will wait until the weather is dry and a survey is completed.
13. Grange Roof and Cupola – This was dealt with tonight.
14. Town owned Land for sale – Selectman Taylor commented on the list of town owned land for sale. It was discussed that the Board gave Mr. Flynn a charge to create the list and have a real estate agent provide opinions on whether or not the lot is saleable. Selectman Watman said that once they get the opinion, they will discuss if they want to sell. Chairman Blomback said that there are five parcels out of the fifteen on the inventory sheet that they are getting real estate opinions on. Selectman Watman would like the Conservation Commission to have the opportunity to discuss this before the Board makes a final decision. Chairman Blomback said that they would probably ask the CC that lots they want and which they are comfortable with selling. It will take some time to get the reports.
15. Overtime Policy – Mr. Flynn said that he gathered information from other towns and most towns are paying overtime on actual time worked over 40 hours. In order to proceed he would like to come in with a first reading of a proposal to set or revise a policy on overtime qualification. He recommends leaving in the holiday time to qualify for the 40 hours, but advocates not counting sick or vacation time towards the 40 hours to qualify for overtime pay.
Selectman Aucoin moved, Chairman Blomback seconded to have the Town Administrator prepare a change for the overtime policy for a first reading, modeled after the Town of Alexandria and to include holidays but not sick or vacation time towards qualifying for overtime pay.
Selectman Watman would like to look at Hillsboro and Hopkinton’s policies because he feels that they are more relevant.
Passed 5-0-0
OTHER BUSINESS
Selectman Watman stated that he is opposed going into non-public session based on section “e” of the Right to Know RSA. He does not believe that the discussion should take place in non-public because all parties are already aware of the topic. It would not give any advantage to anyone by taking place in non-public. Selectman Watman said that the topic the lawyer speaks about was fiercely debated prior to Town Meeting in public.
Selectman Aucoin suggested holding off the discussion until the other side is invited to attend.
Selectman Watman said that the issue is whether or not it should be discussed in public. Selectman Watman thinks they will probably come to a decision tonight and not wait two weeks.
Chairman Blomback asked if anyone has a motion to remove said the agenda item from the non-public session.
Selectman Watman moved, Selectman Aucoin seconded to discuss Attorney Drescher’s concerns about the deed to Lot 98 in public session. Passed 4-0-1; Chairman Blomback abstained
Chairman Blomback recused himself at 8:02 p.m.
Selectman Watman said that there is a question on the deed and whether or not people were properly notified back in 1979. It was discussed that because of the conservation conditions they should insist that the proper conclusion of the deed be resolved before closing on the property.
Selectman Watman moved, Selectman French seconded to recommend to Attorney Drescher that the buyers need to resolve the issue with the deed before closing. Passed 4-0-0
Chairman Blomback returned to the meeting at 8:05 p.m.
Item 9: Non-Public – Per RSA 91-A:3, II, (d)
Chairman Blomback moved, Selectman Watman seconded to enter into non-public session @ 8:06 p.m. pursuant to the authority granted in RSA 91-A:3II (d). A roll call vote was taken, Selectman French – yes; Selectman Aucoin – yes; Selectman Taylor – yes; Selectman Watman – yes; Chairman Blomback – yes. Passed 5-0-0
Selectman Taylor moved, Selectman Watman seconded to come out of non-public session @ 8:34 p.m. A roll call vote was taken, Selectman French – yes; Selectman Aucoin – yes; Selectman Taylor – yes; Selectman Watman – yes; Chairman Blomback – yes. Passed 5-0-0
Selectman Watman moved, Selectman Taylor seconded to seal and restrict the minutes of the non-public session for one year. Passed 5-0-0
Chairman Blomback moved, Selectman Aucoin seconded to authorize Mr. Knapp and Mr. Flynn to release J. Parker and Daughters from their contract, pay J. Parker and Daughters the sum of $10,000, and retain Hoyle Tanner as the engineer for the project. Passed 5-0-0
Chairman Blomback moved, Selectman Taylor seconded to adjourn at 8:46 p.m. Passed 5-0-0
Town of Henniker
Board of Selectmen Meeting
Tuesday, March 22, 2011 ADOPTED MINUTES
Henniker Town Hall
Members Present: Kris Blomback, Chairman; Leo Aucoin, Vice Chairman; Thomas Watman, Selectman; Robert French, Selectman; Ron Taylor, Selectman
Town Administrator: Peter Flynn
Guests: James Garvey, Cathy Dias, Scott Dias, Carl Knapp
Recording Secretary: Cherry Palmisano
Mr. Flynn opened the meeting at 6:15 p.m. with the Pledge of Allegiance.
Selectman Watman moved, Selectman Blomback seconded to approve the Consent Agenda as presented. Passed 5-0-0
Public Forum
Item 1: Reorganization of the Board of Selectmen
Mr. Flynn called for nomination and election of Chairman.
Selectman Aucoin moved, Selectman French seconded to nominate Kris Blomback as Chairman. Passed 5-0-0
Chairman Blomback called for nomination and election of Vice Chairman.
Selectman French moved, Chairman Blomback seconded to nominate Leo Aucoin as Vice Chairman. Passed 3-2-0; Selectman Watman and Selectman Taylor were opposed.
APPOINTMENTS
Item 2: James Garvey-New England College-Banner selection for lamp posts
Mr. James Garvey said that back in December they came before the Board and a suggestion was made at that time to place a banner on every other lamp post opposed to every lamp post and NEC has agreed. Mr. Garvey presented two samples of the banners that will be on the lamp posts to the Selectmen for review. The total cost for the twenty-four banners will be $2,175. The Board agreed to the NEC logo banner. Mr. Garvey said when the time comes that the banners need to be replaced, he will come before the Board again for suggestions.
OLD BUSINESS
Item 3: Review and adopt minutes of March 1, 2010 and March 11, 2011
Selectman Watman moved, Selectman French seconded to accept the minutes of March 1, 2011 as presented. Passed 4-0-1; Selectman Taylor abstained
Selectman Watman moved, Selectman Aucoin seconded to accept the Non-Public minutes of March 1, 2011 as presented. Passed 4-0-1; Selectman Taylor abstained
Selectman Watman moved, Selectman French seconded to seal and restrict the Non Public minutes of March 1, 2011 for one year. Passed 4-0-1; Selectman Taylor abstained
Selectman French moved, Selectman Aucoin seconded to accept the minutes of March 11, 2011 as presented. Passed 2-1-2; Selectman Watman and Selectman Taylor were opposed and Chairman Blomback abstained.
NEW BUSINESS
Item 4: Discussion and possible assignments for Board representation on committees and boards.
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Board of Selectmen Standing Committee Assignments 2010-2011 |
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Athletic Committee |
Leo Aucoin |
|
Byway Advisory |
Robert French |
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Capital Improvements |
Leo Aucoin |
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Community Center |
Peter Flynn |
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Conservation |
Tom Watman |
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Highway Safety |
Robert French w/Leo Aucoin as alternate |
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Historic District Commission |
Kris Blomback |
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Municipal Records |
Peter Flynn |
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Paper Mill Site |
Kris Blomback |
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Planning Board-Regular |
Ron Taylor |
|
Planning Board-Alternate |
Tom Watman |
|
Recycling |
Kris Blomback |
|
Road Management |
Robert French |
|
Wage and Benefits |
Kris Blomback |
|
Board of Selectmen Special Committee Assignments 2010-2011 |
|
|
Energy Committee |
Kris Blomback |
|
Hazard Mitigation |
Peter Flynn |
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Waste Water – CSWW |
Ron Taylor |
|
CNHPC/Safe Routes to School |
Robert French w/Leo Aucoin as alternate |
OTHER BUSINESS
Item 5: Town Administrators Report
1. Lot 98 Purchase Proposal – Mr. Flynn said that the easement was voted on March 11, 2011 and signed at the Selectmen’s meeting. The next step is to get the title finished, deed preparation, and then closing of the sale.
2. Old Concord Road Issue – Mr. Flynn said they will go into non-public to discuss this item. Selectman Watman commented that any discussion of issuing and canceling contracts will have to be done in public session; any discussion involving legal or negotiation should be in non public.
3. Salary and Benefits Survey – Selectman Watman said that he was disappointed with the Town Administrator’s draft regarding the distribution of the $10,000. Selectman Watman said that the motion stated that the Town Administrator shall make recommendations to the Board for use of the funds and that priority should be given to the positions lowest on the pay scale. Selectman Watman commented that some of the statistics ended up with expenditures over $10,000 and he hopes the Town Administrator will come back with a report that reflects $10,000. It was discussed that the Waste Water Department is separate.
4. Safe Routes to School – Mr. Flynn said that they met on March 16th. At the meeting it was discussed that there will be a bike rodeo next month with the police involved, there will be walking events that adults can go on, and there will be an audit walk in which the people on the walk will observe the route, sidewalks, and traffic. Mr. Flynn said that the committee is in full force.
5. Western Avenue Bridge – Mr. Flynn said that there is nothing new to report. Selectman Watman asked if they can put the Western Ave Bridge on a relatively quick agenda to discuss the process and a timeline to come to some agreement on what to do next.
6. Western Avenue Sidewalk – Mr. Flynn said that the funding was approved as part of the operating budget at Town Meeting and Mr. Knapp is working on the specs.
7. Old Warner Road Application – Mr. Flynn said that there are no new updates. He expects that the party that wanted permission will at sometime withdraw their application.
8. Athletics for Youth Committee-Study Committee for Recreation Director – Mr. Flynn said that he is not sure if the Board is going to go through the same committee appointment process, but Marc McMurphy has quite a few names to submit. Selectman Watman asked for the charge or responsibilities of the committee. Mr. Flynn said that Marc McMurphy is working on it. Selectman Watman said if they want to operate under the Selectmen’s operation then the Board needs to approve the members and the charge of the committee. Mr. Flynn said the important thing is the description of their function and to have it put in written form would be best. Selectman Watman said that at some time there will be a recommendation for a director and a request for funding. Selectman Blomback proposed that the Selectmen read the proposal in earnest and decide if they want to move forward. Mr. Flynn will gather more supporting information.
9. Drug and Alcohol Policy for Non-DOT Employees – Mr. Flynn said that the policy was supposed to go out last Thursday, but it did not come in yet, and as soon as he gets it the appropriate departments will receive it. There will be a first reading sometime in April.
10. Solid Waste Management Committee – Mr. Flynn said that the survey was done as requested. The results are in and he was pleased to see that so many people filled it out. It was discussed that residents are happy with the status quo.
11. Soccer Field Lease from USACOE – Mr. Flynn said that this was requested by the Athletic Committee and Leo Aucoin. They had to make sure that the lease was renewed properly. Mr. Flynn said that the original letter has not come in yet. The construction of a new ball field was also approved. Selectman Aucoin said that Tim Lamphere is going to put a proposal together for this ball field, with relative costs, and propose it to the Selectmen. There is the possibility of donated time and material, which will be properly brought forth as a donation. Selectman Aucoin said that the Army Corps permission was the first step in the process.
12. Grove Street – Mr. Flynn said that the article was approved, there is title and deed work required, as well as the easement. The college will work on it and take care of all the expenses.
13. Grange Roof and Cupola – Mr. Flynn informed the Board that he has received three to four bids, but does not have a recommendation tonight. He said that they have a history of awarding low bids and getting low work, and he would like to interview the contractors before making a recommendation to the Board.
Mr. Scott Dias said that he was unaware of the ball field proposal. He stated that the Chamber of Commerce may be interested in participating in the project.
Item 6: Selectmen’s Reports
There were no reports.
Item 7: Possible Non-Public – Per RSA 91-A:3, II, c
Chairman Blomback moved, Selectman Watman seconded to enter into non public session @ 7:10 p.m. pursuant to the authority granted in RSA 91-A:3II (c). A roll call vote was taken, Selectman Taylor – yes; Selectman Aucoin – yes; Selectman French – yes; Selectman Watman – yes; Chairman Blomback – yes. Passed 5-0-0
Selectman Aucoin moved, Selectman French seconded to come out of non public session @ 7:51 p.m. A roll call vote was taken, Selectman Taylor – yes; Selectman Aucoin – yes; Selectman French – yes; Selectman Watman – yes; Chairman Blomback – yes. Passed 5-0-0
Selectman Aucoin moved, Selectman Watman seconded to seal and restrict the minutes of the non-public session indefinitely. Passed 5-0-0
Selectman Aucoin moved, Selectman French seconded to reject J. Parker & Daughters Work Order Change of $8,500 as written. Passed 5-0-0
Chairman Blomback asked if the Board came to a conclusion on what land they were going to have the real estate agents review. Mr. Flynn said that it is ready to put on the agenda and he would like to interview real estate agents.
Chairman Blomback asked about establishing a secure website were the Selectmen would be able to log on to the information provided to them by Russ Roy. It would be a PDF-based secure website. Chairman Blomback said that another option would be to replace the Selectmen’s notebooks with inexpensive laptops. Selectman Aucoin said there are a lot of times in the middle of the week when he would like to look at the information and it would be helpful. Selectman Aucoin also said that having the ability to download the information onto laptops would require less of Mr. Flynn’s time. The Board agreed to have Russ Roy explore the options.
Selectman Watman moved, Selectman Taylor seconded to adjourn at 8:00 p.m. Passed 5-0-0
Town of Henniker
Board of Selectmen Meeting
Tuesday, January 4, 2011
ADOPTED MINUTES
Henniker Town Hall
Members
Present: Leon Parker, Chairman; Thomas Watman, Selectman; Leo
Aucoin, Selectman;
Kris Blomback, Selectman; Robert French, Selectman
Town Administrator: Peter Flynn
Guests: Marc McMurphy, Carl Knapp, Jen McCourt, Paula Amato, Jay Burgess
Recording Secretary: Cherry Palmisano
Chairman Parker opened the meeting at 6:15 p.m. with the Pledge of Allegiance.
Selectman Aucoin moved, Selectman Blomback seconded to approve the Consent Agenda as presented. Passed 4-0-0 (Mr. French out until later in meeting)
Chairman Parker announced that there is a thorough schedule for all target dates for Town Meeting and School Meetings and the steps for registering for office on the town website.
Chairman Parker said that included in the Consent Agenda was a letter of resignation from Scott Davidson from the Henniker Highway Department which the Selecment accepted with regret and best wishes for him in his new endeavors.
APPOINTMENTS
Item 1: Marc McMurphy – Report of the Recreation Director Feasibility Study Committee.
Marc McMurphy said that at the end of last year the Athletic Committee recommended to the Selectmen to study the possibility of creating the position of Athletic (or Recreation) director. The Selectmen created a Recreation Director Feasibility Study Committee. They began meeting in late summer and early fall and held several meetings with a broad based group within the community. The committee looked at whether it was justifiable and if there was a need to have a director; they determined there is truly a need. The committee feels that keeping programs available for the children of the community is a very important need. Apart from justification, the committee looked at listing a number of activities that a recreation director could be responsible for. They did not develop a job description, but a broad base of information to work from. This position in various locations around the state averages $35,000-$40,000 per year for full time or $15-$20 per hour. Mr. McMurphy said that the committee knows that this is not the best time to start a new position considering the economy. There are different funding possibilities and the committee is concerned with the public or the Selectmen not taking a serious look at this position because of the chance of it being funded by taxpayer’s money. The committee decided to put together a plan, take this year to get people to push this forward and get a job description put together, determine the salary, and suggest a funding source. Mr. McMurphy said that other towns provided letters explaining, in detail, the recreation director’s position in their town.
Mr. McMurphy said that he is looking for general direction from the Board. He is hoping to continue with the committee’s work and come back in the fall, after having a core group of people take this to the next step. The committee would like to present a warrant article in the fall.
The Recreation Director Feasibility Study Committee ended December 31, 2010.
Mr. McMurphy said that they need to find some parents and interested people who want to take some interest in the town and build a group of 10-15 people. He would be willing to participate. Selectman Watman asked if this group would still represent a wide variety of groups. Mr. McMurphy said he does not think so. Selectman Watman asked if that would be a disadvantage to not have a variety and only have sports groups represented. Mr. McMurphy said that they generally want to get people interested in this position. Selectman Watman said he thinks the proposition is worthy, but he is not convinced there is outside funding that would reduce the burden on the taxpayer. Selectman Watman said that he is also concerned with narrowing down the committee, the potential of charging players fees, and about the timing of this request. He said that they do not know the economic situation ahead, but thinks the procedure in the past has been that if you want to work with the Selectmen’s support, you need to bring forth goals and members for appointment. Selectman Watman told Mr. McMurphy that he would urge the conventional approach and have him come back in with a list of members. Mr. McMurphy told the Board that he would be happy to provide them with a list of recommendations, but the committee no longer exists. He said that to get the broad based committee that they had took six months to put together, which is why they leaned towards a group with key enthusiasm.
Chairman Parker said that the committee has put together a lot of information and the outline is a lot to think about. He does not see a conflict with what Selectman Watman is suggesting and also Mr. McMurphy’s suggestion of forming a new committee. Mr. McMurphy volunteered to still be involved as a Chair. Chairman Parker said that there is not much else to do other than to encourage Mr. McMurphy to keep organized.
Mr. McMurphy said that by working with Mr. Flynn, he can get a list of people together to form a new committee, instead of seeking individuals from certain groups.
Chairman Parker said that they accept the report with gratitude.
Selectman Watman said it would be important to note that Marc McMurphy has done an exceptional job and in pursuing the information and people who are involved in the Athletic Committee.
Item 2: Jennifer McCourt – Request for placement of two Warrant Articles
Ms. Jennifer McCourt said that there is a portion of Grove Street, which is a Class VI road that has already been discontinued by the Corps of Engineers flood control and a portion of Grove Street along the Henniker Cemetery lot, which is town-owned. NEC would like to discuss with the Selectmen having this road discontinued. The college is the main user and maintainer of this section of road. Ms. McCourt told the Board that this would solve a lot of challenges with the no parking, keeping the area clear for emergency vehicles, and also adds an extra step for anything the college is looking to do in that area.
Chairman Parker said he is surprised with the section she says is discontinued. Ms. McCourt said that the Army Corps went to Town Meeting years back and made a request. Chairman Parker asked what happens with the rest of the road that goes beyond what she is showing. Ms. McCourt said that she has no record that the road continues any farther; it is just a driveway that went to the homestead. The only note in town record is that Grove Street is two rods wide. Ms. McCourt said that the college owns all that land. This area can also be accessed from Patterson Hill.
It was discussed that Army Corps made the request to discontinue sections of the road at the Town Meeting of 1964.
Selectman Blomback asked why they want to discontinue certain sections of the road. Ms. McCourt said that the college would like to own the road. The college would like to discuss if there is any interest in trading, not paying cash for the land adjacent to the cemetery that is town owned. The college wants ownership of the road entirely all the way through. The town already owns portions of Grove Street. When a road is discontinued, half goes to the abutter on one side and the other half goes to the other abutter. The college would like to barter with the town to make it college property and not town property. The reason they want the land is to be able to take care of the parking problem there and not have to call the police all the time because of parking.
Selectman Watman asked if the Army Corps of Engineers was contacted. Ms. McCourt said that they had several conversations, and this does not affect them. Their portion has already been discontinued and an easement placed on it. Ms. McCourt said they had to get Army Corps approval, which they do have.
Selectman Aucoin asked about the integrity of the stonewall along the cemetery. Ms. McCourt said it would never be touched and could be put into the deed.
The land is less than 6,000 square feet. Ms. McCourt said that their attorney recommended that they deal with this in two separate warrant articles, because they cannot do one without the other. Chairman Parker said they have already spent several meetings discussing issues on Grove Street, and he would be happy with the town getting out of the area. Selectman Watman agrees, but feels that the Board should make sure that the public safety officials get the opportunity to react.
Mr. Carl Knapp said since it is a Class VI road the property is already owned by the adjacent landowners, by discontinuing it the town takes away public access and there is no responsibility to the town. His one concern is access to the cemetery for maintenance purposes. Mr. Flynn said there is access from Circle Street.
Chairman Parker said he thinks it would make sense to come up with an article including a price that the college could pay. Ms. McCourt said the college is looking to barter. Chairman Parker thinks that sorting the whole thing out is a good idea. It was discussed that it would be worth pursuing, researching the value, and see what NEC has that the town might want.
By consensus the Board agreed to tell them to proceed. The State and Federal Government have access to flood the area that was discontinued earlier in the fllod zone if needed.
Mr. Flynn said that the next meeting is January 18th which gives them time to have something put together.
Selectman Blomback stepped down at 7:04 p.m.
Selectman Watman asked Ms. McCourt for a brief status report on Lot 98. Ms. McCourt said that they have held multiple meetings with DES because of the new regulations, the bridge over Amey Brook, and the sensitive wood turtle that they have been dealing with. She stated that everything should go in this week to the Wetlands Bureau.
Chairman Parker stated that they have received an amendment to the Purchase and Sales Agreement for Lot 98. The original P&S of July 21, 2010 had a closing date of October 15th, which was extended to January 14, 2011, that extension was agreed to since they were diligently pursuing permits. They are now requesting another extension to March 1, 2011 with all details of the P&S remaining in effect. It was discussed that the reason for the extension is due to a change of DES Wetlands Bureau rules. Ms. McCourt said that the Patenaude’s would be comfortable with closing if they did not have the permits if they received a letter back from DES saying everything was in place.
Chairman Parker moved, Selectman Watman seconded to approve the extension as submitted for the P&S agreement on Lot 98 extending the closing to March 1, 2011. Passed 3-0-0.
Selectman Blomback returned to the meeting at 7:10 p.m.
OLD BUSINESS
Item 3: Update on Old Concord Road Repair
Chairman Parker said that the Old Concord Road repair has been a major problem because the negotiations are not going well with the contractors involved in the repair. Chairman Parker said that he is also trying to figure out how two different engineers, looking at the same trench, came up with different volumes of materials needed to fill the trench. They are in a situation that regardless of what they do there will be trouble and disagreements and they will end up in court. Selectman Aucoin asked if it is feasible to open up a portion of that road as it stands now and asked for the Highway Department to finish the repair.
Selectman French entered the meeting at 7:12 p.m.
Mr. Flynn informed the Board that he went with Mr. Knapp to the site and examined the width of what is not cut up. He said that it is clear that they can safely open up one side of that road, although Hopkinton Forestry and Land Clearing (HFLC) does not agree with a partial opening of the road in the Winter, according to Mr. Flynn. Mr. Flynn said that he checked with PSNH and they can have a significant powerful light at little cost, put up jersey barriers, and have blinking lights at the site making it as safe as possible. Mr. Knapp is working on the plan and has consulted the with the Police Chief.
Selectman Aucoin said they he brought up the Highway Department because they are doing the trucking and the opinion he has heard from other people is that Mr. Knapp has the experience to do the work.
Mr. Knapp said that it really is not a huge job. He said that if they were to open one side of the road they would be required to have signage showing the traffic direction. Mr. Knapp said that he checked and they do not have any of those signs or any blinking lights. They can purchase a sign package for about $1,200 and the signs could all be used again in the future. Mr. Knapp said that it is possible for the Highway Department to do the repair work, although they would have to hire an excavating machine. Mr. Knapp does not suggest doing the repairs now because they would have to remove the plows from the trucks.
Selectman Aucoin said that the numbers from HFLC are not lining up. Chairman Parker said that he prefers to depend on Hoyle Tanners figures and not HFLC’s figures. Chairman Parker said that he does not like the idea of HFLC finishing the job and also disagrees with the amount of money HFLC wants if the job is to be terminated.
Chairman Parker told the Board that Matt Low came up with another organization willing to go ahead with the job now for $50,000, which would be within the town financial limits. Chairman Parker said that the choices they have is to close the road to one lane for the winter and then have Highway Department do the repairs when the weather is warm or go ahead with the second bidder on the project to get it done now or wait until the spring. Selectman Watman asked Mr. Knapp how long the project would tie up the Highway Department. Mr. Knapp said other than general maintenance, road grading, and bridge maintenance in the spring and until Town Meeting he has not seen a road project list for 2011. Mr. Flynn said there is a Road Management list in place and that he will get it to Mr. Knapp, but there has already been discussion of changes for this year. Mr. Knapp said there is other work to be done, but does not think this is more than a two week job. Selectman Aucoin said that with the frost already set in the ground, the road is not going to go anywhere now and is stable. Mr. Knapp said the town does have some jersey barriers. Selectman Aucoin said that closing off that side of the road and waiting until spring gives them the opportunity to look at the situation. Selectman Blomback asked if Matt Low is vouching for J Parker and Daughter’s reputation and work history. Chairman Parker said that Matt Low has worked with them and they are qualified. Selectman Blomback does not want to burden the town Highway Department with this repair.
Chairman Parker said that they should terminate the contract with HFLC. The problem is that there is an $11,000 difference in what that is worth; Hoyle Tanner said $15,000 and HFLC says $26,000. He would like a motion to terminate and offer a price.
Selectman French stated that the town has tried a number of times to expedite the process. The hold up on the project was not the town; the hold up was due to trying to come to reasonable terms. Hoyle Tanner did not believe the terms were reasonable either.
Selectman Watman moved, Chairman Parker seconded to have the Board terminate the contract with HFLC and have the town attorney negotiate the terms and settlement.
Selectman French stated that he is concerned with making the motion, not being able to come to a reasonable price, and they are stuck paying an unreasonable amount. Chairman Parker said that Selectman Watman made his motion for the town attorney to work out the details. Chairman Parker said that setting a limit puts a burden on the negotiator.
Selectman Watman does not want to stick the Town Administrator with such an onerous or time-consuming task.
Mr. Flynn told the Board that he has made several visits to HFLC, discussing the various HFLC options and scenarios with the flexibility that the Board gave him, regarding removing the gravel, pavement, and guard rail optional allotment of cost flexibility and no conclusive agreement could be agreed between the Board and HFLC. Mr. Flynn said that the number that HFLC wanted to ultimately stay with was $83,000 for the total scope as originally bid, and they would not move, unless their recommended concessions were met. To finalize where they were when they agreed on something, would have been making changes on the scope, eliminating pavement, earth and guardrails etc. Mr. Flynn said that although he was aware of a surveyor on the site at one point, he never had any access to the reports. Matt Low was the person requesting the information.
The motion Passed 5-0-0.
Chairman Parker said that the other issue is whether or not to take Hoyle Tanner’s recommendation and enter into a contract with J. Parker and Daughter’s and complete the project immediately. Chairman Parker said that he would just as well see the project done and finished. Selectman Aucoin said that he would like to see an outline of what will be required of J. Parker and Daughter’s and of the Town Highway Department. Chairman Parker said that his understanding is that J. Parker is supposed to come in and complete the repairs with his own equipment. The dirt source is unknown. Selectman Blomback said they should refer the bid spec back to Matt Low to see if it meets the criteria and if he signs off on it send it along. He said to have Matt Low and J. Parker and Daughter’s sort out the details. Selectman Aucoin wants to make it clear what they are undertaking and asked if the town has to provide trucking, gravel, and manpower. Chairman Parker thinks that the town just needs to provide the gravel.
Chairman Parker moved, Selectman Blomback seconded to approve having J. Parker and Daughters do the job for $50,000 subject to review by Matt Low and input from Mr. Knapp and the Town Administrator. Passed 5-0-0.
Item 4: Review and adopt public minutes of December 21, 2010 public and non- public
Selectman Blomback moved, Selectman French seconded to approve the minutes of December 21, 2010. Passed 5-0-0
Selectman French moved, Selectman Blomback seconded to approve the non-public minutes of December 21, 2010. Passed 5-0-0
Item 5: Review Town Warrant
Mr. Flynn informed the Board that the road money from the state went up to $175,000 and this was the only change to the Town Warrant.
Chairman Parker said that they could bring forth the Town Warrant to the Budget Committee and then to the public hearing on February 1st.
Mr. Flynn told the Selectmen that it is optional for them to be at the Budget Committee meeting.
Selectman Watman commented that the Budget Committee is probably not the appropriate place for any disagreements to take place between Board members regarding the budget; they must be united in their decisions. Chairman Parker said if the Selectmen attend the Budget Committee meeting they are there to support the budget in its current form and get suggestions from the Budget Committee.
NEW BUSINESS
Item 6: Town Administrator’s Report
Mr. Flynn informed the Board that a report from the Police Department is due this week regarding the comparison of Henniker, Rindge, and New London Police Department’s. The report will be thorough because the population is similar and all three towns have colleges.
Selectman Blomback commented on town-owned land that the town is holding onto and is not generating tax revenue. Mr. Flynn asked if the Board wants him to contact the Conservation Commission to put this on the agenda for discussion. It was discussed that it is fair to ask the Conservation Commission why or if they should hold on to or sell town owned parcels.
Mr. Flynn mentioned the resignation the Board accepted in the Consent Agenda. He told the Board that he has not posted anything yet and would normally post in house. Mr. Flynn asked if the Board wants him to post the position as Assistant Highway Superintendent or just Highway position opening. Chairman Parker said that the recommendation to hire should be up to Mr. Knapp. Mr. Knapp said that he wants a truck driver/heavy equipment operator. Chairman Parker said that they should leave it up to Mr. Knapp to decide if he needs assistance.
Chairman Parker moved, Selectman Blomback seconded to authorize the Town Administrator to advertise for a truck driver/heavy equipment operator for the Highway Department to fill a vacancy. Passed 5-0-0
Item 7: Selectmen’s Reports
Selectman Watman mentioned that three Selectmen requested a report on how overtime was calculated and how it relates to sick and vacation time. Mr. Flynn said that he would have the report for the next Selectmen’s meeting. Selectman Watman suggested that the Personnel Policy dealing with that section be handed out prior to that meeting.
Selectman Aucoin moved, Chairman Parker seconded to adjourn at 8:25 p.m. Passed 5-0-0
Town of Henniker
Board of Selectmen Meeting
Tuesday, January 25, 2011 ADOPTED MINUTES
Henniker Town Hall
Members
Present: Leon Parker, Chairman; Thomas Watman, Selectman; Leo
Aucoin, Selectman;
Robert French, Selectman Excused-Kris Blomback
Town Administrator: Peter Flynn
Guests: Jay Burgess, Jennifer McCourt, Carl Knapp, Bill McGirr, Michael McManus, Arthur. Kendrick, Jon Evans, Pete Gilbert, Martha Taylor, Ryan Murdough
Recording Secretary: Cherry Palmisano
Chairman Parker opened the meeting at 6:15 p.m. with the Pledge of Allegiance.
Selectman French moved, Selectman Aucoin seconded to approve the Consent Agenda as presented. Passed 4-0-0
PUBLIC FORUM
Ms. Jenn McCourt informed the Board that she has been talking with the Society for the Protection of NH Forests, who is the agency that holds the easement on Lot 71. The agency has no interest in holding an easement on Lot 98 because of the road and because the lot is small. She has correspondence from her attorney and the town attorney discussing how to accept a conveyance. Ms. McCourt informed the Board that they just want the road and can return the rest to the town. She said that the warrant article was not specific on how the easement would be held. Ms. McCourt said that the society feels because of the haul road and the split it would not be worth their while to take it.
Selectman Watman commented on what both parties agreed to in the Purchase and Sales Agreement and said that he thought it stated that the Patenaude’s were to make arrangements for the conservation easement. Ms. McCourt said that they are still doing an easement, but it would be in the form of a covenant. She stated that the town’s attorney told her that he is waiting for the Selectmen to give approval for the covenant. Chairman Parker said that the P&S states that the buyer shall convey a conservation easement to the sellers choosing one with the Board’s approval, and that gave the town the authority to accept one. Ms. McCourt said that it would be with the town and the deeded covenants.
Selectman Watman feels this issue should be shipped to the Conservation Commission (CC) to be reviewed and discussed. He said that generally the CC does not advise the town to be holding the easements themselves. There is more protection if the easement is held by outside groups, because outside groups are better prepared and able to monitor abutters to make sure they are abiding to the conservation easements. Selectman Watman said that on behalf of the CC he thinks they would like to see what kind of records they have in attempting to find a group to take over the easement. He is concerned that if the town takes the easement it could lead into additional expenses for the town and thinks that they should renegotiate with the Patenaude’s.
Ms. McCourt said that she spoke with the Piscataquog Land Conservancy by phone and they turned her down, she did not contact Five Rivers, and the agency most likely to take the easement denied it.
Selectman French asked if they could make a recommendation for them to work with the CC and have the CC bring back recommendations to the Board.
Ms. McCourt said that the monitoring would be similar to that of the gravel pits in which the town planner goes out once a year to review. She feels that they can work out some sort of escrow account for the monitoring fees. Ms. McCourt said that the CC is taking readings upstream and downstream of that parcel.
Chairman Parker said that the contract the town has with the Patenaude’s does not require a third party easement holder. Selectman Watman said that the big debate about Lot 98 was conserving it in a consistent manner. He feels that it is inappropriate to come to the meeting at the last minute and ask, after a brief attempt to find a holder that the town takes over the easement. Chairman Parker said that Ms. McCourt raised the issue tonight, but has not demanded a resolution tonight. Selectman Watman said that a week or two ago this issue was raised with the CC and not brought forth to the Selectmen. Ms. McCourt said that the conservation easement submitted with those documents was the one with the third party as discussed. Chairman Parker said that it is appropriate for the Selectmen to ask the CC for input and to ask them for help in find an easement holder. Selectman Watman said that the Patenaude’s, by their actions, were aware at the very beginning that it was desirable to have a third party hold the conservation easement.
Selectman Watman moved, Selectman French seconded that the issue be sent to the CC for review and that the CC supply a recommendation to the Selectmen on how to best handle the town taking over the easement and to also suggest parties to hold the easement.
Selectman Watman said that the CC would be willing to work with the Patenaude’s to assist in finding an easement holder. Ms. McCourt said that when she spoke with both entities they were very familiar with the lot and they were very familiar with the area. She said they tried to find a third party holder because they thought it was the best way to go. Ms. McCourt said that both parties attorney’s are talking and thought they came up with a solution and that is why she is here. Selectman Watman said that he agrees, but because there is conservation involved with this particular lot, they owe it to the CC to advise the Board. Selectman Watman understand that they may not be able to find a third party easement holder and may have to settle for something less desirable.
Chairman Parker does not want the CC to drag out their decision and would like a response by February 15th. Chairman Parker said that he has no problem with the town holding the easement and it being monitored by the town planner and if the CC disagrees they can help locate an easement holder.
The motion passed 4-0-0.
Ms. McCourt would like to take the Wetlands Impact for lot 98 before the ZBA and she needs a letter of authorization from the Selectmen to represent the town before the ZBA.
Chairman Parker thinks that it is totally appropriate for Mr. Flynn to accompany Jenn McCourt to meetings and represent the town and not appropriate for the town to delegate the authority to the buyers.
Selectman Watman said that it would nice to have some of these requests in advance of the meeting, so they have time to research the details and the ramifications. He commented that the Town of Henniker and the Patenaude’s are involved in a joint effort for Lot 98, but this does not mean they have identical purposes and interests. Selectman Watman does not see why they should be signing off to have the Patenaude’s serve as agents representing the Town of Henniker. Mr. Flynn said that he can represent the town, but would need to consult with Mark Fougere. Mr. Flynn will not be able to speak on the technical aspect; therefore Ms. McCourt will present the plans. The Board gave their consensus for Mr. Flynn to accompany Ms. McCourt and represent the town.
OLD BUSINESS
Item 1: Warrant Article discussion(s) – Grove Street
Ms. Jenn McCourt apologized for late deliverance of the warrant article and distributed the following wording for the article to discontinue Grove Street:
To see if the Town will vote to completely discontinue those portions of Grove Street from its easterly point at Circle Street proceeding westerly to the driveway of the Campbell Homestead site, so called, excluding that portion of Grove Street previously completely discontinued; upon discontinuance, the Town of Henniker shall convey the fee of the discontinued portion of Grove Street abutting other land of the Town of Henniker (cemetery land) to New England College and New England College shall, in trade, convey a pedestrian easement from Circle Street proceeding westerly to the property line of Tax Map Parcel 390 and repair approximately 300 feet of the stone wall along the northern cemetery boundary.
Chairman Parker asked what kind of repair to the stonewall is required. Ms. McCourt responded that she is not sure because of the snow, but they did take fieldstones from the parking lot and will use native fieldstones to repair the 100-150 foot section of the wall near Circle Street.
Mr. Jon Evans, Chairman Henniker Historic District Commission, told the Board that they met with Ms. McCourt earlier in the week. They addressed the stonewall and the other issue, which is access to the back of the cemetery. Mr. Evans said that the cemetery lot is deeper than where the actual cemetery is and they have no way to access the back of the lot with vehicles without driving across the cemetery and the stones. They asked Ms. McCourt if they could have a vehicle easement so they could access the back of the property if necessary. They are concerned with the stonewall being the property line after this exchange because it leaves no buffer between the historic stone wall, cemetery, and the land that would be conveyed to NEC. They suggested the idea of a buffer, so there was a certain amount of feet from the stonewall that would be town property. Ms. McCourt said that there would be sufficient access along Grove Street and she is not prepared to address that.
Martha Taylor said there is no way to access the back; right now they can access through Grove Street because it is public property. Once the right to Grove Street is given up there will be no access. Jon Evans said that the stonewall does not go back to the property line. Mrs. Taylor said that they are hoping for an easement, not just a pedestrian easement, to come down Grove Street to be able to do what they need to.
Selectman Aucoin asked if NEC would be willing to write an easement for access to the cemetery. Ms. McCourt said that they could put it into the negotiations with the Purchase and Sales. Selectman Aucoin said that he is asking if it is possible to get vehicle access. Ms. McCourt said they would try and work with the town. Mr. Evans said that a verbal agreement is not enough. Chairman Parker said they are discussing a warrant article that gives them the opportunity to go into negotiation. It was discussed that the other end of the property, which is also NEC property, may be a better access, but would require a right of way.
Mr. Evans said that the Historic District Commission needs to approve this property transfer, notify abutters, and hold a public hearing.
Selectman Watman said that the Historic District Commission wants a right of way to access the rear of the cemetery lot with heavy equipment if needed. Ms. McCourt said that they would have the existing road that is there, which is capable of handling heavy equipment. Selectman Watman would like to see if there could be some arrangement, in the agreement, that the town could access the lot for cemetery repairs. The Board hopes that this can proceed to Town Meeting. Both parties have until March 13th to provide wording for the voters to support the article. If they can’t come to an agreement they can withdraw the article. Ms. McCourt said that they were trying to give some value back to the town and are providing a pedestrian walkway to go the whole length of the road.
Chairman Parker moved, Selectman Watman seconded that subject to a sentence, agreed upon by the Historic District Commission and the applicant; they approve this article to be included in the warrant. Passed 4-0-0
Item 2: Review results of the Budget Committee meetings
Mr. Flynn informed the Board that he was advised by DRA to round off the amount of money specified in Article 13 and then to slightly change the language. The Board discussed that the language suggested to them by DRA is unclear. Mr. Flynn will contact DRA and have the wording to the Board before the Public Hearing with comment from DRA.
Mr. Flynn informed the Board that the Budget Committee made a recommendation on Article 7. The committee supported the $200,000 for the bridge, but did not support the contingency of the sale of Lot 98.
Chairman Parker said that Selectman Watman’s suggestion of tying the sale of Lot 98 and the bridge together was a stroke of genius. Chairman Parker would like to see the Selectmen disagree with the Budget Committee and put the article in as originally discussed. Selectman Aucoin said that the objective of the Board was not to increase the tax rate.
Chairman Parker moved, Selectman Watman seconded to keep the connection with the sale of Lot 98 and the Western Ave Bridge as previously stated in Selectman Watman’s motion. Passed 4-0-0
Mr. Flynn said that a good figure for the legal line would be $25,000. They have $15,000 in the budget and have spent over $3,000-4,000 already.
Chairman Parker moved, Selectman Watman seconded to accept the Budget Committee recommendation of increasing the legal fees line to $25,000. Passed 3-1-0; Selectman Aucoin was opposed.
Selectman Watman said that he is relatively pleased with the budget they put forth. He pointed out that his survey shows that most taxpayers are in favor of bonding the Western Avenue Bridge. If they decide to bond it and put $10,000-$20,000 into the Highway Department to fund the engineering, they can keep moving forward. There would be a reduction in the tax rate of roughly $0.13 per $1,000. Selectman Watman would like to leave this as a thought tonight and wait to see the reaction at the public hearing. He told the Board that he has done other figuring on what they would have to do if they had to significantly cut the budget and said that the choices in this stage of the game would be extremely difficult. Selectman Watman said that they could honestly say that if they were to cut further, they would have to make drastic reductions.
Chairman Parker asked Mr. Flynn for the financial summary on the Western Avenue Bridge. Mr. Flynn said that the town has paid Hoyle Tanner $158,465 and have a balance of $42,409 left to pay on the contract. The town’s books have $91,286 in unspent appropriations left in the bridge Capital Reserve Fund. Mr. Flynn said that they still have money to engage engineering services. Chairman Parker said if they were to propose bonding it would have to be done in two phases; design this year or next because until they get the design they do not know how much the project will cost. Selectman Watman said that the interest rate on a twenty-year bond through the NH Bond Bank is 4%. Chairman Parker said that the big push continues to be a way to add to the Highway Fund for bridges. Selectman Watman said that the Legislature would be meeting after they finish Town Meeting. Selectman French said that if they don’t get the money that is expected the tax rate will increase and they will have to find ways to get that money back in cuts. Chairman Parker said that they still have an outstanding request that Hoyle Tanner come back to the Board, which has to be done before the design process. Mr. Flynn told the Board that warrant articles have to be posted by February 21. Chairman Parker said that they need to come up with recommendations on which way they are going to go.
The Board of Selectmen will discuss options for the Western Avenue Bridge at their February 15, 2011 meeting.
Selectman Aucoin stated that he thinks the budget is out of control and they should cut $50,000. He would like to see the Town Administrator go back to the department heads to make additional cuts. Selectman Aucoin commented that the Fire Department could postpone the new equipment purchases. He feels that the Selectmen are not trying hard enough for the people they are representing. Selectman Aucoin feels that there are significant cuts that can be made and commented on the $1,000 for concerts. Selectman Watman said that the budget has increased $.35 and to get to where there is no increase they have to come up with $190,000 in budget cuts. He does not think it is that easy to come up with that amount of reductions. Mr. Flynn said that they came up with $104,000 in reductions; some of which were really severe. Selectman Aucoin said that if it comes down to personnel, it would have to happen. Selectman Watman stated that they have a budget that is decent, which they spent a significant amount of time developing and he would like to see the reaction at the public hearing.
Chairman Parker said that he has a continuing long-term concern regarding the continuing difficulty for getting volunteers to fill the vacancies on a variety of committees. He said that the amount of people who attend the budget hearings is very small and when the Board gets to Town Meeting there are not a lot of people who have seen the explanations behind the budget.
Item 3: Review and adopt minutes of January 4, 2011
Selectman Watman moved, Selectman French seconded to accept the minutes of January 4, 2011 as presented. Passed 4-0-0
NEW BUSINESS
Item 4: Discussion Re: Overtime Policy
Mr. Flynn said that overtime has come down a lot this year and there has been diligent review by department heads, especially in the area of the Transfer Station. Mr. Flynn said that if the Board makes changes to the overtime policy they would have to go through the proper procedures, which would include a public hearing and notifying employees.
Section D of the Overtime Policy states: Actual hours worked constitutes “time worked” for the purpose of determining the work week required to establish eligibility for overtime compensation or compensatory time premium. Holidays and vacation will be considered as “time worked”. Sick leave will not be considered as “time worked” except in those instances when someone is asked to work during an emergency declared by the department head or by the Board, e.g., snow storm, fallen trees, failed pumps, etc
Selectman French thinks that overtime should only be paid after working forty hours, which would not include holiday, vacation, or sick time as time worked. Selectman Watman said that if there is proper documentation and if someone was out sick and then called in to do emergency work they would receive overtime. Mr. Flynn said that is the historical way of doing it, the problem is they have to address it and make it clear. Selectman French said if an employee is too sick to work at regular pay, then how can they work at overtime pay. Selectman French said that snow plowing is in the job description; it should not be considered an emergency. Selectman Aucoin said that when you put your name in to plow for the Highway Department, it is not an emergency when you get called because you expect it to snow.
It was discussed that overtime is based on a forty-hour workweek, not on an eight-hour day.
Selectman Watman asked how and when comp time is figured. Mr. Flynn said that employees have the option of choosing comp time or earning overtime when the time is earned. Every pay slip has indication of comp time and is signed off by the department heads and the Town Administrator.
Mr. Flynn said that the way to really address the issue is to look into a revised policy in that area.
Selectman Watman said to review with other towns to see how overtime is spelled out in their policies. Selectman French said that each week they sign the Consent Agenda and there are employees who have worked less than forty hours and are earning overtime hours, which he has an issue with. Selectman Watman is not sure if he has an issue, but rather a problem with how it is figured out.
Mr. Carl Knapp said any regular hours less than forty were due to a holiday and his previous experience has included holiday when calculating overtime.
Mike McManus, a Highway Dept. employee, asked why when they get paid for holiday it would not count towards their hours. He asked if the Board feels the employees have been abusing overtime.
Selectman Watman said that it is spelled out in the policy that holidays and vacation are counted as hours worked.
Ryan Murdough said that it is spelled out in the Fair Labor Act.
Mr. Flynn will check with area towns and present his findings to the Board.
Item 5: Solid Waste Survey– Mr. Flynn informed the Board that he checked with Wayne Colby, the moderator, to see if as a municipality they could form a group to participate in a survey at Town Meeting or on polling day. He was told that they could survey residents at both events, but thought it was the best idea to do this at elections. They could have residents check off the best options for the system used at the Transfer Station. The options would be:
· No change
· Mandatory recycling
· Pay As You Through
· Single stream
· Curbside pick up
Mr. Flynn recommends that if they were to do the survey, it be done at the election booths and suggested having Selectmen and volunteers at the survey table.
Chairman Parker asked what would happen with the result if they do the survey. Selectman Watman said that the next Board would be under a lot of pressure to do something or do nothing. The members of the Solid Waste Disposal Committee would be disappointed with no follow up. The Board recommendation is to do the survey. Selectman French said that the survey would let them know what the majority of people would like to see.
Mr. Flynn will put together a survey, with Bill McGirr’s assistance and check with a Solid Waste Disposal Committee member regarding the wording of the descriptions. Chairman Parker mentioned having members of the committee sit at the survey table.
Item 6: Town Administrator’s Report
It was discussed that the Selectmen are the agents that can close Old Concord Road.
Mr. Knapp said that the repair would take about a week once the ground is thawed out. Mr. Knapp said that they are currently maintaining the sidewalk down to that home beyond the Cemetery. Chairman Parker said that they could leave the road closed and those residents beyond can still utilize it. The Selectmen are sensitive to the needs of that homeowner.
Chairman Parker moved, Selectman Watman seconded to close the section of the Old Concord Road that is currently dug up for construction, from now to until May 1st unless it is possible to finish the construction and open the road earlier. Passed 4-0-0
Item 7: Selectmen’s Reports
Selectman Watman said that the Conservation Commission was given the task of preparing a report on various lots to be held for conservation. The Commission met and created the report and they are requesting permission to come to the Selectmen’s second meeting in February to discuss it with the Board. Selectman Watman said that the Commission also prepared a response for the lot on Colby Hill Road. The Selectmen will have the written report prior to their February 1st meeting.
Item 8: Possible non-public session per RSA91-A:3, II (a)(c) and (e)
Selectman Watman moved, Chairman Parker seconded to enter into non-public session at 8:35 p.m. pursuant to the authority granted in RSA 91-A: 3II (a, c, and e). A roll call vote was taken, Selectman French – yes; Selectman Aucoin – yes; Selectman Watman – yes; Chairman Parker – yes. Passed 4-0-0
The Board came out of non-public session at 9:20 pm.
Motion to adjourn: Thomas Watman, Seconded by Leo Aucoin. All voted in favor 4-0 (Mr. Blomback-excused absence)
The next scheduled meeting of the Henniker Board of Selectmen, Budget Public Hearing, is February 1, 2011 at the Community Center on Main Street at 6:30 p.m.
Board of Selectmen February 1, 2011 ADOPTED MINUTES
1
Town of Henniker
Board of Selectmen Meeting
Tuesday, February 1, 2011
Henniker Community Center
Public Hearing for Budgets
Members Present: Leon Parker, Chairman; Thomas Watman, Selectman; Leo Aucoin, Selectman;
Kris Blomback, Selectman; Robert French, Selectman
Town Administrator: Peter Flynn
Guests: Lynn Piotrowicz, Jennifer McCourt, Russell Clark, Mike Cyr, Jon Evans,
Jim Crane, Bill McGirr, Keith Gilbert, Ryan Murdough, Cathy Muller,
John Kjellman, Eleanor Kjellman, Carl Knapp, Ted Parkins, Ruth Zax,
Wayne Colby, Martha Taylor, Linda Weston
Recording Secretary: Cherry Palmisano
Chairman Parker opened the meeting at 6:30 p.m. with the Pledge of Allegiance.
Chairman Parker stated that the department’s budgets are coming in flat, there is no salary increase, the
board has put off the loader purchase, and have asked for more money from the employees in the form
of 8% contribution towards their health benefits. The Selectmen went through the exercise of sending
the Town Administrator back to find $100,000 to cut from the budget, the cuts would have hurt too
much, and the Board accepted $50,000 in cuts. Chairman Parker said that instead of going to Town
Meeting with a bunch of warrant articles for the operating budget, they have decided to go to Town
Meeting with one warrant article including the entire municipal operating budget.
7) To see if the Town will vote and appropriate the sum of $200,000 to be added to the already
established Bridge Capital Reserve Fund with funds coming from the sale of Lot 98. No money to
be raised by taxation. This fund is established under the provisions of RSA 35:1 for the purpose of
funding future repairs to the Town’s bridges and to include engineering and other related costs.
Chairman Parker said that $200,000 is calculated as half of what they need to come up with for design
costs to replace the bridge. By tying the sale of Lot 98 into the bridge project it will balance out the tax
impact. The entire bridge project is estimated to cost $5-$7 million.
Mr. Flynn said that they have paid Hoyle Tanner, the engineering firm, $158,465 to date and they have a
remaining balance on the contract of $42,409.
Mr. Mike Cyr said that at the meeting regarding the bridge he asked for a traffic count, which was of
importance, but it could not be done because the bridge was already closed. Chairman Parker said that
the people that live on the west side of the bridge are interested in a safe way to get to town, not on the
traffic count. Chairman Parker said by the time they are done, whatever the cost, the town is responsible
for 20% and will get reimbursed 80%. It was discussed that the Selectmen that will be on the Board at
the time of the project will not go forward with the bridge if the state does not come forth with the 80%
funding. Selectman French said if they stop funding now they will lose 80% of what they put in until the
bridge is complete. Mr. Flynn said the reimbursement does not kick in until the design is complete and
approved.
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Board of Selectmen February 1, 2011
2
Mrs. Eleanor Kjellman stated that she is concerned with the funds for the Western Ave Bridge coming
from the sale of Lot 98. She said that at the last Town Meeting what convinced most people to vote for
that sale was that the funds would go towards reducing taxes and she is concerned with the funds being
tied to the bridge. She wants to know the plan for engineering, in writing, from now to 2014 when state
funds will be available. Mrs. Kjellman would like to know the consequences in delaying the bridge
project.
Chairman Parker said that they are trying to avoid a huge chunk later on and if they put off the project
they will have to do a larger bonding later on. They anticipated $200,000 going towards the tax rate last
year, but it did not happen. Assuming that Lot 98 sells they will have $200,000 in the fund that the
Selectmen could use next year to reduce taxes. Chairman Parker said that they will not have a detailed
design until the Selectmen look at the options in a town meeting setting. Mrs. Kjellman commented on
the Board trying to accumulate funds when they should be raising and spending in the same year for the
design funds. Chairman Parker said that they are accumulating funds to go towards the $400,000 design
process. The money will be earmarked in the general fund for design costs. Chairman Parker said that
the engineering firm and the state have indicated a cost of $200,000-$400,000 to get to the point where
they have a design. Mrs. Kjellman would like to know what the cost is upfront versus the cost over time.
Mrs. Kjellman asked if they estimated the effect on the tax rate for the next five years with the bonding
option. Chairman Parker said that at this point, without a design, they don’t know what the bridge is
going to cost. Mrs. Kjellman would like those figures before Town Meeting.
8) To see if the Town will vote to raise and appropriate the sum of $190,804 for the Tucker Free
Library.
Chairman Parker stated that the Tucker Free Library budget is a separate warrant article, which is
handled by the Trustees and is level funded from last year.
9) To see if Town will vote to raise and appropriate the sum of $4,176,675 for general municipal
operations.
Chairman Parker said that the municipal operating budget is encompassed in one warrant article.
Executive – Selectmen and health officer
Town Clerk – The increase is this budget is because they had a step increase for two employees that had
to be programmed into the 2011 budget. [There was a 2% increase half way through the year last year;
therefore there are wage increases in all departments are up by 1% for 2011 to annualize that cost.
Selectman Watman said that this budget does not include step increases for the following year. Mr.
Flynn said that there are no increases on steps or cost of living; this is because of the increase last year.
There are seven to eight staff members that received step increases last year.] This isn’t just applicable
for the Town Clerk-Tax Collector.
Election – There is a reduction in this budget due to fewer elections for 2011. The town does not have an
adequate number of voting booths to meet the state mandated number required and must purchase
additional voting booths.
Tax map – Chairman Parker said that they have changed to Cartographics Associates for tax map
maintenance. Soon to be implemented is a new GIS program which provides townspeople the ability to
view tax maps online to retrieve a variety of information including the ability to find abutters and the
size of a lot. Seven years ago this service would have cost the town $41,000 and is now available for
$2,000. Ms. Jenn McCourt asked if the current contract holder of this service is responsible for fixing
the current errors or will they incur additional expenses to fix the errors with the new contract holder.
Mr. Flynn said that he will follow up with her on the issue.
APPROVED
Board of Selectmen February 1, 2011
3
Town Office – Mr. Flynn said that this budget is up slightly; they added more on to this budget after the
initial presentation to the Board. The health insurance costs went down because of the fact that they will
be assessing employees 8% for the premium. There was an increase due to the wage increase adjustment
motion where the Selectmen approved adding $10,000 to try to compensate 8-9 employees who were
severely underpaid in comparison to surrounding towns. The $10,000 reflects about one third of what
would be needed to bring those employees up to scale, because they can’t afford to give them the whole
amount. Retirement went up $2,340 and they have no control over the increase. There are six employees
in the Town Office budget. Mr. Flynn stated what a flat budget means compared to the budget that was
created after all the cuts were made at last year’s Town Meeting. The $10,000 was put in the
Selectmen’s budget and will be divided to the appropriate departments after Town Meeting.
Mrs. Kjellman asked about the consultant. Mr. Flynn responded that this is for the assessing services.
They pay him by the hour, there is no set amount of hours, and the consultant comes in when needed.
There are four to five projects that he is working on. Mrs. Kjellman would like to know his hourly rate
and asked how many hours of services they are getting for $30,000. Mr. Flynn will provide the
information.
Mr. John Kjellman asked when the actual numbers and actual expenses for 2010 will be available. Mr.
Flynn said that they were wrapped up today and next week they will have all the expenditures available
for 2010.
Tax Collector – Chairman Parker said that this budget is a mirror image of the Town Clerk’s budget
because the three employees split their time between those offices.
Legal – Chairman Parker stated that they started the budget process with an amount of $20,000 in the
legal budget and it was reduced to $15,000. With new bills coming forth the Board decided to increase
the legal budget to $25,000. There are a variety of law suits to deal with and a variety of negotiations
that they need to utilize counsel for.
Planning – There is a reduction due to the lower level of planning activity.
Zoning – This is a flat budget, but is hard to anticipate. The legal fees in this budget are for the members
of the ZBA to consult with town counsel on how to handle certain issues.
Cemeteries – The increase is for stone repair.
Insurance – Mr. Flynn said that this budget is for property liability insurance and has increased because
the rates have increased. Worker’s compensation rates have increased by $7,300. Unemployment
insurance has increased as well.
Police – Chief Ryan Murdough stated that he tried very hard to submit a flat budget. There is an increase
due to three officers being due their step increase in 2010, the town’s contribution to the state retirement
went up, and the prosecutor line went up $1,000. Chief Murdough said that they were replacing the
Crown Vics yearly and his plan is to replace a Crown Vic two years in a row and not the third. He said
that the 2004 Ford Explorer is in rough shape. Chief Murdough said that he decreased several line items
to try and maintain a flat line budget.
Mr. Kjellman commented on seeing entries in the newspaper for arrests for under age drinkers; NEC
students. He asked how much money is being spent on tracking down underage drinkers in town. Chief
Murdough said that there is research done every year and on average last year there were 353 incidents
involving under age drinkers and 153 of those incidents were college students. There were 2,904 calls
with 188 of those calls coming from NEC, which calculates to 6.4% of the incidents that they responded
to. Mr. Kjellman asked how many miles per year they are putting on the cruisers. Mr. Kjellman said that
they are only spent $750 last year to maintain the Ford Explorer, which was cheaper than buying new.
Chief Murdough said that the Ford Explorer has 98,000 miles on it and sometimes they are putting more
into the vehicles than they are worth. Chief Murdough said that he needs to feel confident sending
APPROVED
Board of Selectmen February 1, 2011
4
officers out on emergency situations. There are thirteen officers driving the vehicles with different
driving styles, which is rough on vehicles. They have four vehicles; two marked, one unmarked, and the
Ford Explorer. It was discussed that the town has the same number of police vehicles to comparable
towns. Chief Murdough said that his three year rotation plan should save the town $25,000-$30,000.
Mrs. Kjellman asked Chief Murdough if there is any connection between the Henniker Police
Department and NEC security. She asked if it would be better if NEC security and landowners policed
their own properties. Chief Murdough said that the students they arrest for underage drinking are usually
walking through the center or at parties in town. He stated that the police department does not get
involved with a large percentage of incidents with NEC students because the students are taken into
custody by college security. Chief Murdough said that there are times when noise and criminal mischief
become a problem within neighborhoods and warnings are given, if the behavior continues they contact
the landowners and they put pressure on the tenants, which seems to be working. Chief Murdough feels
that they have developed a good working relationship with the college and feels that it is important to
make the students feel like they are part of the community.
Chief Murdough said that including him there are eight full time police officers, five part time officer
positions with only three filled at this time, two secretaries, parking enforcement officer, and two
crossing guards for a total of eighteen employees. The Animal Patrol Officer has his own budget. The
amount of officers and the salary ranges are comparable or low compared to similar communities. New
London has a full time dispatch center and Henniker pays Merrimack County Dispatch center. Chief
Murdough is the only salaried employee.
Fire / Rescue – Keith Gilbert said that occasionally they do bill if there is an incident of malicious intent.
They would submit a bill to the court when those situations arise to try and recover the cost. Chief
Gilbert told the Board that it is common in other states to have to pay a fee for fire service. It is not that
way in Henniker and fire service is paid through taxation.
Code – Chairman Parker said that this budget has decreased $8,629 due to a change in staffing and a
reduction of the workload. They have a certified building inspector who is available and tries to
schedule appointments and inspections for the public on Tuesdays and Thursdays. The town saves
money by putting the building inspector on call, which has worked out well. Building permit activity has
drastically reduced in the past two years. The budget of $17,125 was reduced to $8,496. It was discussed
that the town is close, but does not charge the necessary amount for permits to cover the inspection fees.
They have one of the lowest fee set ups in the state. Mr. Flynn said that the discussion was brought up
by the building inspector who said they should charge more. Mr. Flynn said that several years ago it was
on the table to restructure the fees and it is now on the table to come back for review. It was discussed
that the building inspector also handles code violations.
Emergency Management – The budget has been reduced by $1,000 because no training has been done.
Highway – Mr. Carl Knapp stated that it has been a very busy January. Fuel costs are climbing and salt
cost and usage have increased. There are six full time employees and three part time employees that are
strictly for plowing snow. It was discussed that there is $15,000 allocated in the budget to rent a loader if
it is was necessary.
Highway/Streets – Mr. Knapp stated that he has not had adequate time to review the road plan for the
year. Mr. Flynn said that Patterson Hill Road is scheduled and was presented to the Selectmen and CIP.
Mr. Knapp said that he would like to follow the plan, but there could be changes when the roads are reassessed.
Mrs. Kjellman commented on the Highway Department phone budget and asked if it is part of the
town’s system. Mr. Knapp responded that there are two lines in the office and this line also includes the
cost of six pagers and three cell phones. Mrs. Kjellman mentioned that at the meeting with Hoyle Tanner
APPROVED
Board of Selectmen February 1, 2011
5
it was brought up that the other bridge needed cleaning to make that bridge last a little longer. Mr.
Knapp said that the cleaning will take place this year. She is concerned with there only being $500 in the
budget for this maintenance. It was discussed that the largest expense for that cleaning would be the
labor and the cost is expended primarily from the wage line.
Street Lights – No discussion.
Solid Waste – Due to a significant change in the conduct of one of the solid waste haulers there is a
reduction of $55,540 in tipping fees. There is a $70,000 savings in personnel costs. John Kjellman said
the reduction in tipping fees will also reduce the revenue from the hauler.
Animal Control – No discussion.
Welfare – This is a level budget.
Athletic – This budget has increased by $850. Mats were purchased for cheerleading and wrestling. All
the programs funded by the Athletic Committee are private; the Community School does not offer their
own sports activities.
Mrs. Kjellman commented on not seeing a revenue source in the Athletic budget and thought it would be
the year to have a revenue source. Mr. Flynn said that they do not charge for sports activities. She is
disappointed to not see parents making contributions to sports activities and is concerned that there are a
lot of children in town and there are no arts or drama programs being offered. She was hoping that the
athletic commission had wider activities in town, drawing. Mrs. Kjellman feels that children should be
allowed to play, but would like to see contributions from the parents of the children utilizing the
activities. It was discussed that the Athletic Committee does fundraising and two years ago at Town
Meeting the town voted to approve a fund for fundraising funds. Selectman Aucoin said there are more
ways to get the Athletic Committee to earn revenue, such as advertising in the form of signage around
the ball fields, to help reduce the tax burden. Mrs. Kjellman said that a $38,000 budget is not a lot of
money. She feels there are all kinds of kids and they are only catering to one kind and thinks they should
offer activities in town for all kids. Selectman Watman said that in tough economic times it is tough to
talk about expanding programs; the Athletic Committee is trying to maintain what they have been doing.
Parks – This budget was combined with Solid Waste and is no longer a separate budget.
Patriotic – Stays the same.
Library – No discussion.
Community Concerts – Chairman Parker said that the Board suggested that the committee negotiate
more with performers to reduce costs.
Conservation – No discussion.
Community – Good presentations were made earlier in the budget presentation by CASA and Red Cross,
but the Board could not give them money. Chairman Parker said that White Birch would have liked
more money, but has been level funded for several years.
Debt Services – This budget item is not negotiable. There is a reduction in the budget due to the fact that
some bonding is getting paid off. They are paying off the major Waste Water Treatment Plant repair that
was done three to four years ago; the town is paying 40% of that note and the users are paying 60%.
There is a bond from 1984 for the Fire House, which will be finished in three years.
Mrs. Kjellman commented on the Red Cross and the resources that they have spent in the community.
She would like to know how many are being served by CASA and also about the VNA contributions to
the community. Mr. Flynn said that the Red Cross and CASA are not on the table at this time. There was
an initial presentation made and he has the statistics in his office. The VNA do not assess the town a fee
anymore. Mrs. Kjellman said that she is embarrassed to see $0 for the Red Cross, CASA, and the VNA
APPROVED
Board of Selectmen February 1, 2011
6
and feels there should at least be a token amount because we know that they serve the community. She
feels that the three zeros in those lines are embarrassing.
10) To see if the Town will vote to raise and appropriate sum of $506,304 for the operating
expenses of the Wastewater Treatment Plant.
11) To see if the Town will vote to raise and appropriate sum of $300,258 for the operating
expenses of Cogswell Spring Water Works.
12) To see if the Town will vote to raise and appropriate sum of $22,000 for the purpose of
repairing the roof and cupola of Henniker Grange Building. This is a non-lapsing article per RSA
32:7 and will not lapse before two years or upon completion of the project, whichever comes first.
Mr. Flynn said that there has been water coming in the Grange and by maintaining the buildings they
will save money in the future. They will need to use contractors that have been certified in lead paint,
which may increase the cost. The project will be put out to bid prior to Town Meeting and Mr. Flynn
will have an exact number. He would like to see this article pass and not allow the building to
deteriorate. Mr. Flynn said that the Grange building is used almost every day of the week. The interior
of the building has been painted and a lot of repairs done.
13) To see if the Town will vote to raise and appropriate sum of $175,703 for road improvements;
said appropriation will be offset with any Highway Block Grant Funds received. This is a nonlapsing
appropriation per RSA 32:7, VI and will not lapse before two years or upon completion of
the project, whichever comes first.
Chairman Parker said there has been controversy regarding the wording of this warrant article. This is
money they get from the state, that comes from the gas taxes, they are able to use this money for the
highways and roads. If they don’t get that much from the state, they don’t anticipate using appropriated
funds, but they need approval at Town Meeting to use that money.
14) Shall the Town authorize the Board of Selectmen to sell property, under the provisions of RSA
80:80, known as Tax Map 588-B7 (1.63 acres), located on Stonehenge Drive, by advertising for
sealed bids, good faith negotiations with private parties or by such other method of sale the
Selectmen determine to be in the best interest of the Town and, that this article, if passed, before
an indefinite period until rescinded by the Town.
Chairman Parker said this warrant article would give the Selectmen the authorization to sell a lot on
Stonehenge and if they can get it sold the money will be available to reduce taxes. The assessed value is
approximately $70,000.
15) To see if the Town will vote to completely discontinue those portions of Grove Street from its
easterly point at Circle Street proceeding westerly to the driveway of the Campbell Homestead
site, so called, excluding that portion of Grove Street previously completely discontinued; upon
discontinuance, the Town of Henniker shall convey the fee of the discontinued portion of Grove
Street abutting other land of the Town of Henniker (cemetery land) to New England College and
New England College shall, in trade:
1. Convey to the Town a non-exclusive pedestrian access easement from Circle Street proceeding
westerly to the property line of Tax Map Parcel 390;
2. Convey to the Town for the benefit of the Henniker Historical District Commission a nonexclusive
access easement for pedestrians and vehicles from intersection of Grove and Circle
APPROVED
Board of Selectmen February 1, 2011
7
Streets to the western boundary of Tax Map Parcel 422 for the purpose of cemetery maintenance;
and,
3. Repair approximately 300 feet of the stone wall along the northern cemetery boundary.
Chairman Parker said that back in the 1960s there was a piece of Grove Street that was discontinued
based on a request by the Corps of Engineers because it was in the flood control area, and that the road
is used by the college, for a new field and parking area. NEC came to Board and suggested to
discontinue the rest of the street. Chairman Parker said that there were negotiations between the
Selectmen, NEC, and the Historic District Commission.
Mr. Jon Evans said that he has concerns regarding how this impacts the Historic District Commission
(HDC), who are the designated stewards of town property around the Town Hall and the cemetery. He is
confused on whether the HDC is to become involved and hold a public hearing or not. Mark Fougere’s
opinion was that the HDC has no involvement. Mr. Evans said that when the applicant went to Town
Hall to get the application to go before the HDC they were told it was not necessary. Mr. Evan’s said
that the road is town property, and the town is discontinuing the road and giving it to NEC no exchange
of money. The HDC is concerned with the impact of the buffer zone around the cemetery. Mr. Evan’s
told the Board that this discussion was not on the Commission’s agenda for their January meeting and
they have held no discussion on the matter. He is concerned with the stone wall and its future. Mr.
Evan’s informed the Board that they feel some responsibility as Commissioners to give approval or lack
of approval on the issue and would like to know if they have no authority, then what their role is.
Chairman Parker said that he was under the impression at the Selectmen’s meeting that the HDC was
concerned about what the town was getting in return for giving up the road. He said that the HDC was
concerned with access to the back of the lot, they got the access, and NEC is agreeing to repair 300 feet
of the stone wall. Mr. Evans said that it is not written as to how it will be repaired, when and by whom.
Chairman Parker said the presentation made was that the college had other stones to repair the wall if
there were not enough original stones to complete the wall.
Chairman Parker told Mr. Evans to have a meeting with the Commissioner’s, Mr. Flynn, and Mark
Fougere to see what the charter of the HDC is. Mr. Evans asked if the HDC needs to hold a hearing to
approve the discontinuance of the road so that the Commissioners can get the information and have their
questions answered. Mr. Evans feels that without a hearing they cannot bring their issues forward. He
said that if it is the opinion of the town planner that they don’t need a hearing and it is determined later
that they did and no meeting was held, then the whole issue could be deemed void. Chairman Parker
said that if they think they should have a meeting then they should do so before Town Meeting. Mr.
Evans said that it was his understanding that they were raising their concerns and were left to get
together to work out their concerns before Town Meeting, but the applicant was told they did not need to
meet with the HDC.
Selectman Watman thought they had listened to the concerns of the HDC and that the majority of the
Commissioners present decided what they wanted and provisions were made in the warrant article. If
they have other concerns they need to hold a meeting to address them. Selectman Watman does not
believe the HDC has control over the road and he doubts that the road is under the district of the HDC.
Selectman Watman stated that they were united on the Board to look for peace and harmony and that
everyone would get together towards the best interest of the town and college.
Ms. McCourt, representing NEC, told the Board that they do not want to start an argument at Town
Meeting and they are more than willing to meet with the HDC.
Chairman Parker said that he does not see why the HDC can’t accept the warrant article as the
application and work from there. Mr. Evans said that they were outlining their concerns; they were not
negotiating anything. It was discussed that they have ten days to get together.
APPROVED
Board of Selectmen February 1, 2011
8
Mr. Flynn informed the Board that at this point they need to change or approve the budget.
Selectman Watman moved, Selectman French seconded that Article 7 be omitted and the sale of
Lot 98 funds be applied to reduce taxes.
Selectman Watman said that they do not know what type of solution they will have to the bridge
problem. They have $40,000 remaining in the budget that can be applied to hold meetings and draw
conclusions on the basic plan to proceed to and get drawings. Selectman Watman feels it would be best
to apply the funds from the sale of Lot 98 to reduce the anticipated tax rate by approximately $.15 per
thousand. He thinks that the project should ultimately be funded through a bond issue. Selectman
Watman hopes the economic situation will get better and feels it would be appropriate to have the bridge
funded by the people over the next twenty years, instead of just the next three years. He said that the
basic intent of the sale of Lot 98 among many voters was to use those funds to reduce taxes.
Chairman Parker thinks they should have been putting away money in the capital reserves and thinks
they will be faced with a much larger bill if they are forced into a situation where it has to be bonded.
The motion failed 1-4-0; Selectman French, Selectman Aucoin, Selectman Blomback, and
Chairman Parker were opposed.
Selectman Aucoin moved, Selectman Blomback seconded to remove the $10,000 wage adjustment
motion from the budget, remove the loader rental of $15,000 from the budget, and remove the
Community Concerts budget of $5,850 from the budget.
Selectman Aucoin said that the wage adjustment motion was put forth but not finalized and he feels they
can hold off and go about it differently. He said that the Highway Department has $6,000 for equipment
rental in their budget. Selectman Aucoin feels that if people want to go to a concert they should go and
pay for it themselves.
Selectman Watman is particularly opposed to the motion because it is lumped together and that the
reduction of the $10,000 is to straighten out the pay scale for the lower paid employees. He stated that
all the surveys they have done in the last five years show that a number of employees are significantly
under paid. Selectman Watman said that in following the state’s scale for the last twenty years some
employee’s have taken an unfair beating. Selectman Watman said that the bridge has been a thorn from
the very beginning because they don’t even have an option yet. He feels that they should stop the project
for a year. His theory is that they should try to do as little harm in the process of keeping the tax impact
flat as possible. He is prepared to cut concerts and cut from the Athletic Committee if it comes to that,
but he does not think it is time to do that.
The motion failed 1-4-0; Selectman French, Selectman Blomback, Selectman Watman, and
Chairman Parker were opposed.
Mr. Flynn said that the scenario on where to allocate the $10,000 and make salary adjustments is
completed and will be discussed at the next Selectman’s meeting.
Selectman Aucoin mentioned instituting furlough days to help cut the budget.
Chairman Parker moved, Selectman Blomback seconded to approve the warrant as it stands.
Mr. Flynn said that they can make adjustments and agree to make adjustments at Town Meeting or at the
next Selectmen’s meeting. Legally, the budget needs to be posted by February 15, 2011.
The motion passed 4-1-0; Selectman Watman was opposed.
Selectman Blomback moved, Chairman Parker seconded to adjourn at 9:14 p.m. Passed 5-0-0
Town of Henniker
Board of Selectmen Meeting
Tuesday, February 15, 2011 ADOPTED MINUTES
Henniker Town Hall
Members
Present: Leon Parker, Chairman; Thomas Watman, Selectman; Leo
Aucoin, Selectman;
Kris Blomback, Selectman; Robert French, Selectman
Town Administrator: Peter Flynn
Guests: Jay Burgess, Paula Amato, Jennifer McCourt, Martha Sunderland, Rick Patenaude, Bill McGirr, Ryan Murdough
Recording Secretary: Cherry Palmisano
Chairman Parker opened the meeting at 6:15 p.m. with the Pledge of Allegiance.
Selectman Aucoin moved, Selectman Blomback seconded to approve the Consent Agenda as presented. Passed 5-0-0
APPOINTMENTS
Item 1: Jennifer McCourt, representing Henniker Crushed Stone and New England College
a) Updated re: Henniker Historical District Commission Public Hearing re: Grove Street Warrant Articles
Ms. Jenn McCourt informed the Board that they met with the Henniker Historical District Commission and that Mr. Flynn has the final language for the warrant article that includes the portion of Grove Street that was previously discontinued. Ms. McCourt told the Board that Mr. Flynn was also at the meeting and can atest that it was approved. Chairman Parker said that they already voted to accept the article upon approval from the Historical District Commission.
Chairman Parker moved, Selectman Blomback seconded to accept the modifications to the warrant article to discontinue portions of Grove Street as submitted. Passed 5-0-0
Selectman Blomback recused himself at 6:35 p.m.
b) Update on meeting with Five Rivers Land Trust
Ms. McCourt told the Board that she met with Five Rivers and discussed the situation with them. She was told that they would meet with their Board to see if the project meets their criteria and she should know on Friday.
Chairman Parker said that Attorney Drescher essentially says that his position is that the town can accept the easement. Mr. Flynn said that the bottom line is that if Five Rivers or any other organization does not accept the easement then the Selectmen should agree to re-write the agreement. Selectman Watman said that questions from the Conservation Commission (CC) were forwarded to Attorney Drescher and they have not yet received any answers. Ms. McCourt asked for copies of the questions that were posed to the attorney so she can draft the agreement and answer the questions.
Ms. Martha Sunderland said that the CC has a lot of questions. They would ideally like to have Five Rivers take the easement to satisfy the warrant. Ms. Sunderland said that the Town of Henniker has refrained from holding easements because of the liability and the Conservation Commission objects to setting the precedence of the town holding easements. She stated that the town does not have a structure like Five Rivers or the Society for the Protection of NH Forests to monitor easements. Chairman Parker said that if there is no other alternative the town is stuck with holding the easement. Ms. Sunderland said that there are liability concerns. There is a big road going through the property and there is a potential for liability with the town holding the easement. She said that the CC discussed deed restrictions. Chairman Parker said that they would have the same problem of who will enforce them. It was discussed that Attorney Drescher indicated that there may be a way to do it, but with a lot of language. Ms. Sunderland said that the warrant article states a conservation easement and she is not sure if deed restriction is the same.
Ms. McCourt said that they are meeting with the Wetlands Bureau tomorrow and she will see if a deed restriction meets their covenant; they may force the easement. Ms. McCourt said it is a very unique situation in terms of the town setting precedence of taking the easement. She understands the town to be different than Five Rivers or the Society for the Protection of NH Forests.
Mr. Rick Patenaude said that he does not see a tremendous amount of liability beyond anything else that the town could get sued for.
Chairman Parker said that it is not so much the risk of being sued, but the mechanics of enforcement.
Selectman Watman thinks that 97% of the people involved are interested in seeing this through and thinks that Ms. McCourt and the Patenaude’s are trying hard to get to the easiest solution. The issue is to make sure that they have the legal protection in case something was to go wrong years down the road and does not want to find a deficiency or find that they did not put something in place.
Ms. Sunderland said that the CC is concerned with getting something in place that is enforceable.
It was discussed that Mr. Flynn should contact Attorney Drescher to get wording in place if Five Rivers does not take the easement.
Selectman Blomback returned to the meeting at 6:40 p.m.
Item 2: Martha Sunderland representing, the Henniker Conservation Commission, report on town owned properties.
Ms. Sunderland told the Board that the CC reviewed the lots that are of interest to them for conservation. The area around Craney Pond along the Weare and Deering line, the area along the Warner line known as the Quabbin and Cardigan, and the Mink Hills area which is also of interest to the state are all of interest to the CC for conservation purposes. Ms. Sunderland said there are large regional efforts to focus on land conservation. She stated that Lot 47 and Lot 50 were taken by the town a number of years ago for back taxes, were studied by JSRHS students, and have been of long time interest for protection. Ms. Sunderland said that the proceeds from logging Lot 48, Preston Memorial Forest, go towards sidewalks. The river corridor is of interest, but the lots are small, are not developable, and have no conservation value. Lot 735 is underwater, has little upland, but is not a buildable area. She said that Lot 735, which is protected with deed restriction, abuts Lot 739, which was donated to the town for conservation purposes. The CC recommends that Lot 735 have a matching deed restriction to Lot 739 with the same interests because it is too small for easement on its own.
Ms. Sunderland told the Board that the Open Space Subcommittee has been looking at Lot 660XX and is interested in creating a corridor. Cascade Brook runs through Lot 660XX, which has been cut heavily, has future timber potential, and is a historical site along Cascade Brook. It was discussed that there is a road that is in existence and passable to the brook. Ms. Sunderland said the interest is in that corridor and the Open Space Subcommittee is working on it. Selectman Aucoin mentioned that the power lines may run to that small lot, which is a buildable lot, and it may attract a good price.
The last lot of interest to the CC is Lot 86, which has been heavily logged twice and is on Colby Hill Road. Ms. Sunderland said that the top of the hill is owned by the Society for the Protection of NH Forests and is very close to her property, which is in conservation easement. Lot 86 is a large piece and is within the areas of interest state wide and regionally. It completes the protected corridor to connect to several thousand acres of conservation. Lot 86 does have road frontage on a Class VI road so there is the option for the town to put it into easement with the rights to build one home, then sell it and have the land come back into the tax rolls. Ms. Sunderland said that the CC did not discuss which lots were of highest interest.
Selectman Watman asked what relationship these three sections have to the results of the research inventories put together by the CC. Ms. Sunderland said they are all areas of interest from the inventories. Selectman Watman assumes that the CC has not singled out individual lot numbers they would like to have, but can conclude that certain lots surrounding large areas under protection would be desirable. Ms. Sunderland said that the CC is interested in large undeveloped lots, which makes them desirable and these are areas of interest for a whole list of reasons.
Chairman Parker asked if the CC has looked at these lots in regards to what the monetary value of the conservation easements would be. Chairman Parker mentioned the CC contacting the Barletta’s.
Selectman Aucoin said that he would like to look at how close the utility poles are from the Pasture Lane lot and would like to look at putting that lot out for sale. He said that the rest is saleable to be of conservation value.
Selectman Blomback asked what the administrative process is for them to follow and if anything needs, to go before the town for vote. Ms. Sunderland said that if they want to sell any of the lots they would have to go on the warrant. Selectman Blomback recommends having a realtor review the lots for salability and provide their professional opinion.
Mr. Flynn told the Board that the Town Meeting of 2007 gave them the authority to sell some of the lots and at the time they did have an opinion from a realtor.
Selectman Watman said that if they are serious about conserving large open spaces, he does not know if the point that they are saleable or not is valuable, because they are of high conservation value.
Selectman Blomback stated that he concurs that 80% of the lots should be put into easements. He is not sure if he has enough information on Lot 50 to make a decision. Ms. Sunderland said the advantage is the opportunity of creating a large sized block. Selectman Blomback commented on Lot 50 being a buildable lot and asked if the Selectmen really want to take it off the tax grid.
Selectman Aucoin said that as the tax rate goes up people are not going to want to keep paying on large lots. He would like to see the value of the lots and if they are of buildable type.
Chairman Parker said that this same discussion was held a long time ago and he thinks there should be something done to definitively deal with it. He has no problem with putting these lots into conservation easements.
Ms. Sunderland said that she can discuss the potential of easements with the Society for the Preservation of NH Forests and they might have an opinion on the conservation value. She said that Lot 735 is a town forest and designated as such and not buildable.
Selectman Blomback thinks that definitive action is needed. He asked about Lot 349J. Ms. Sunderland said that the CC only looked at the lots that they felt had high conservation value.
Selectman Blomback moved, Chairman Parker seconded to grant Lots 349J, 402, and 735 to the Conservation Commission to manage. Passed 5-0-0
Selectman Aucoin moved, Selectman Blomback seconded to ask the Town Administrator to approach NEC or the owners of the old Church Rectory and/or Old Church itself and let them know that the town is interested in accepting bids on Lot 241B for Town Meeting next year. Passed 5-0-0
Selectman Blomback moved, Selectman French seconded to put Lot 381A2 back on the active sale market. Passed 5-0-0
Selectman Blomback moved, Selectman French seconded to get professional opinions from realtors regarding the salability of Lots 47, 50, 86, and 660XX.
Selectman Watman moved, Selectman Aucoin seconded to amend the motion to include getting opinions and recommendations from the Conservation Commission and the Society for the Preservation of NH Forests. Passed 5-0-0
The motion passed 5-0-0.
Selectman Blomback moved, Selectman Watman seconded to get legal interpretation and have a surveyor review the records and come to a conclusive determination about Lot 436C by the end of May. Passed 5-0-0
OLD BUSINESS
Item 3: Further review of 2011 budget and warrant
Chairman Parker said that there is a proposed revision to Article 7.
Mr. Flynn said that town counsel is proposing to make a wording change to Article 7 so that the following wording would make it easier to pass by DRA: To see if the Town will raise and appropriate the sum of $200,000 to be added to the already established bridge Capital Reserve Fund, said sum representing a portion of the amount received from the sale of Lot 98.
Selectman Watman moved, Chairman Parker seconded to accept the revision to Article 7. Passed 5-0-0
Mr. Flynn said he put out a bid request for the Grange roof so they will have definite numbers for Town meeting.
Selectman Aucoin said that the Cogswell Springs Water Works meeting minutes state that there will be an increase effective June 1, 2011.
Selectman Watman moved, Selectman Blomback seconded to eliminate Article 7 and introduce information for bonding.
Selectman Watman said that he discussed bonding with Russ Roy and if they bonded the bridge they would assume a 5% interest rate from NH Municipal Bond Bank. He said that if you assume the same property valuations as now and go through the period they are looking at, the cost would be $.23 per thousand this year and then projected the cost of the $770,000 bridge option in 2015 the principal and interest would be $.19 per thousand until the new bond which would bring it to $.37 per thousand. Selectman Watman is very concerned that Article 7 is going to propose significant problems at Town Meeting. Selectman Watman pointed out that John Stark is showing a 4% increase in their budget reflecting $.26 per thousand and Henniker Community School is less than a 1% increase with the tax rate staying stable. Selectman Watman said that in spite of excellent efforts to keep the tax rate down, they are at a 5% increase reflecting a $.37 increase per thousand for the town. He thinks it is very likely that there will be attempts to cut Article 7 off the floor because people feel that a bridge that is going to last that long should be paid for by people using the bridge over the years and people feel that the funds from the sale of Lot 98 should go to reduce taxes as implied. Selectman Watman thinks that the best way to regain the public’s confidence is to remove Article 7 from the budget showing a decrease of $.60 per thousand and be united as a Board to sell the operating budget. He thinks that the idea is not popular, but feels the bridge should be bonded.
Selectman Blomback said that he appreciates Selectman Watman’s plea and sees the tax rate dropping significantly in six years with the bonding ending. He said that he is anti-debt and believes they should pay as they go for short-term pain with long-term benefit and he would vote against bonding.
Chairman Parker thinks they are in a situation where he feels the same as Selectman Blomback and recognizes that if they can get the town to do the design work, there will still be an amount that will need to be bonded. Chairman Parker said that they do not have the money in the bank that they need for this, or other projects. If Article 7 is rejected at Town Meeting, the Selectmen have to decide how to fund it and Chairman Parker said that he would prefer that the town have the option, not the Board.
Selectman Watman commented on the failure to put money into the capital reserves being a failure to everyone. Selectman Watman mentioned that there are roads that need to be repaired, equipment they are not buying that will need replacing, and if the economy does not turn around there will be a price to be paid. He believes in bad times that people think they should bond. Selectman Watman said that people don’t feel they should pay the burden now, when the bridge is going to be there for a very long time, and feel that people should pay for it over a longer period of time.
Chairman Parker said that people pay a lot of attention to the tax rate. He commented that there are 1,600-1,700 families in town and some can afford the tax rate, but there are a lot that can’t and this will be the same in three years from now. He thinks that if they do it now it will prevent a larger increase later.
Selectman Aucoin said that he is concerned with not putting the $200,000 from the sale of Lot 98 towards the bridge and the next Board uses it for something else.
The motion failed 1-4; Selectman French, Selectman Aucoin, Selectman Blomback, and Chairman Parker were opposed.
Selectman Aucoin feels that this is a decision that is best left for the taxpayers to make.
Chairman Parker mentioned that the Board needs to make a decision on options for the bridge starting directly after Town Meeting.
Item 4: Review and adopt public and non-public minutes of January 25, 2011 and February 1, 2011
Selectman Aucoin moved, Chairman Parker seconded to accept the minutes of January 25, 2011 as presented. Passed 4-0-1; Selectman Blomback abstained.
Chairman Parker moved, Selectman Aucoin seconded to approve the non-public minutes of January 25, 2011 as presented. Passed 4-0-1; Selectman Blomback abstained.
Selectman Blomback moved, Chairman Parker seconded to accept the minutes of February 1, 2011 with the changes noted on page 3. Passed 5-0-0
NEW BUSINESS
Item 5: Review speaker assignments for Town Meeting and any other Town Meeting requests by the Board
Mr. Flynn put together a list assigning Selectmen to present specific articles.
Chairman Parker said that in the past each department’s budget was in a separate article and was introduced by each department head, but now all department budgets are lumped together in one article. It was discussed that department heads will be present if someone has a question that needs an explanation. Chairman Parker mentioned having department heads present a summary of their budget or he could go through the list and state the increase or decrease in each department and if there is a question the department head can come forward. The Board decided to leave the list as it is and have department heads defend questions that affect their budget.
Item 6: Town Administrators Report
1. Lot 98 Purchase proposal – The Board discussed some issues tonight. An extension was granted, at a previous meeting, until March 1. There will be some action required at the next Selectmen’s meeting.
2. Old Concord Road issue – Mr. Flynn will be meeting with Hopkinton Forestry and Land Clearing people tomorrow.
3. Highway Safety Committee Meeting Nevins request – Mr. Flynn said that he and Chief Murdough were supposed to meet with Hopkinton last week and the meeting was rescheduled for Thursday. They will be meeting to agree on methods and recommendations for posting the road to be safer. Mr. Flynn said that they would discuss their recommendations with the Board.
4. Salary and Benefits Survey – Mr. Flynn said that this is being held over because a lot of work needs to be done on revamping the grades and particular jobs that go to the grades.
5. Energy Committee grant proposal – This is underway, Mr. Flynn met with them last week, and the process has been started.
6. Safe Routes to School – There is a meeting scheduled for March 24th.
7. Western Avenue Bridge –No new report to add to tonight’s discussion
8. Western Avenue Culvert – This is on hold until the sidewalk issue is decided.
9. Rock and Birch Campground – Legal –Agreement accepted by Court
10. Old Warner Road Application –On hold until completion of sale of Lot 98
11. Athletics for Youth Committee Study Committee for Recreation Director – Mr. Flynn said that Marc McMurphy has no new candidates and will report to the Board in the fall.
12. Drug and Alcohol Policy for Non-DOT Employees – Mr. Flynn said that he has received a letter from Chief Gilbert expressing his concern regarding how the policy is written. Mr. Flynn will be revising the policy to work out some of the difficulties. The Police Chief had no issues with the way it was originally drafted. It may be possible to have a separate policy for police and fire or a distinction made regarding full time employees. The wording “random testing” is the problem.
13. Solid Waste Management Committee – Mr. Flynn distributed copies of the draft Solid Waste Disposal Survey that was put together by Bill McGirr. The Board discussed that as the economy builds the recyclables will be bringing in more revenue. Selectman Blomback suggested including the Transfer Station Budget with the survey. Chairman Parker feels that they are doing this survey to keep the people on the Solid Waste Committee satisfied and asked what they will do with the results. The Board discussed that they would like to see what the taxpayers want.
14. ATV Policy over Class VI roads – Mr. Flynn has an agreement put together for Contocook Valley ATV Riders. He has a form endorsed by the state that spells out the laws for granting the right for trail easements on public property. A certificate of insurance is being sent to this office. There is a list of Class VI roads and some Class V roads, but there is no permission to go on private property. Mr. Flynn said that this is the form used throughout the state and he is prepared to see if the Board wants to sign off. It was discussed that this subject will be placed on the agenda for public discussion at their next meeting.
15. Soccer field lease from USACOE – Mr. Flynn has not heard from the Army Corps to confirm if the baseball field can be done; it is not uncommon to have a long wait.
16. Grove Street – The issue was dealt with tonight.
17. Pay adjustments and allocation of proposed $10,000 – Mr. Flynn completed putting together the grades and will present them to the Board after action from Town Meeting.
Mr. Flynn informed the Board that he gave Mr. McGirr approval to apply for a Recycling Equipment Grant Application to purchase a scale for the Transfer Station.
The Fire Department received a $2,000 Wellness Grant from LGC to purchase exercise equipment.
Mr. Flynn said that LGC sent a recommendation to support the Senate Bill for the retirement program which deals mainly with implementing new rules for new employees under the system in that group and passes the expense to the employee, not the employer. Mr. Flynn would like to send correspondence and the Board agreed.
Item 7: Selectmen’s Reports
Chairman Parker said that the Planning Board has dealt with several interesting situations, one being the rationalization of several lots between HHP and the Mitchie lot. Another issue was a lot on Flanders Road that had a problem with the driveway and the Highway Supervisor got involved and the Planning Board approved a revised plan with a driveway on Flanders Road. Chairman Parker said that the Planning Board got involved with an issue in which a citizen took aerial photos of a grandfathered gravel pit and the Planning board decided that the situation is being fixed up and there is nothing that can be done concerning the violations.
Selectman Aucoin moved, Selectman Blomback seconded to adjourn at 8:45 p.m. Passed 5-0-0
Town of Henniker
Board of Selectmen Meeting
Tuesday, March 1, 2011
Henniker Town Hall
Members
Present: Leon Parker, Chairman; Thomas Watman, Selectman; Leo
Aucoin, Selectman;
Kris Blomback, Selectman; Robert French, Selectman
Town Administrator: Peter Flynn
Guests:
Leigh Bosse, Judy Flanders, Bob Flanders, Chris Emerson, Jennifer McCourt,
Martha Sunderland, John Kjellman, Bill McGirr, Kimberly Johnson,
Rick Patenaude, Bob Anderson, Bill McKean, Bill Goss, Jim Morse,
Casey Brennan, Nancy Folez, Jan Palm, Carl Knapp, Mike Peck
Attorney William Drescher arrived at 7:00 PM
Recording Secretary: Cherry Palmisano
Chairman Parker opened the meeting at 6:15 p.m. with the Pledge of Allegiance.
Selectman Watman moved, Selectman French seconded to approve the Consent Agenda as presented. Passed 5-0-0
Public Forum
Mr. John Kjellman informed the Board that he changed some of the wording on the Town-Wide Solid Waste Disposal Survey planned for voting day to make the survey more factual and clearer for the voters. He said that there was been a huge drop in expenses this year at the Transfer Station, including a 25% reduction in labor costs and he does not think the trend will continue. Mr. Kjellman said that many of the savings projected by the committee have already been made and there is no clear-cut option that will save a lot of money other than “Pay As You Throw” which is a shift of costs. He also suggested that it might be better to do the survey at the Town Meeting.
Chairman Parker said that the discussion to do the survey on balloting day was based on having more visibility and more people coming through. He said that the Board previously approved the questionnaire and its two page supplemental documentation and it is late to be revising it. Mr. Kjellman said that all paragraphs have been changed in trying to stay true to what the original survey was.
Mr. Flynn said that the budget information still needs to be added to the survey. Mr. Kjellman said that the budget information would be difficult to project because there is not a lot more they can do to save money at the Transfer Station.
Mr. Bill McGirr said that there is a possibility with “Pay As You Throw” that an additional employee could be needed.
Selectman Watman moved, Selectman French seconded to substitute the previously approved Town-Wide Solid Waste Disposal Survey with the one submitted by John Kjellman.
The Board decided to add that item 2 “Pay As You Throw” may require additional staffing.
Selectman Aucoin thinks they should add, “This is a non-binding vote” or similar statement on the top of the survey.
The motion passed 5-0-0.
Mr. Flynn said that John Kjellman and other committee members have offered to volunteer at the survey table on voting day.
Chris Emerson, Center Manager for ServiceLink Resource Center serving Merrimack County, stated that they serve senior citizens and any one that is disabled. Their services are paid for by Federal taxes and they can provide anything that an older person needs. Mr. Emerson said that they are the connection for independent living and healthy aging and they want to help more people in Henniker. They covered over 10,000 service requests last year throughout Merrimack County and they are trying to reach out to the town. Mr. Flynn said that he would be glad to list the service on the Town’s website.
APPOINTMENTS
Item 1: Senator Andy Sanborn Re: Explanation of Senate Bill 156 – Senator Sanborn was not present at the meeting so the item was skipped.
OLD BUSINESS
Item 2: Request for permission to allow ATV’s on specified Class VI roads
Mr. Flynn said back in November members of the ATV Club asked for the Selectmen’s permission to drive on Class VI Roads. On December 15th he was asked to research the questions that came up and he now has a state based form. A certificate of insurance was provided. It was mentioned that Colby Hill Road needs to be added to the list of permitted roads.
Martha Sunderland, representing the Conservation Commission, said that they do not have a problem with the coverage, but they felt like it was not the whole picture. She stated that some Class VI roads are used to access homes or facilities by other people and are maintained by those people. A Class VI road is a road that is not town maintained. Ms. Sunderland said you want to have it in writing that the ATV Club is responsible for not degrading the road any further. Ms. Sunderland said that there is a best management practice for trail building and there must be boilerplate wording available. She thinks that those landowners must be concerned with tree cutting, maintenance of the trails, and stream crossings as well as personal injury. It was discussed that these are public roads and need to be accessible for use by all and if they are going to open up the roads they should have an agreement to maintain the trails.
Jim Morse stated that it is the rule of the state organization that the trails are closed down in the spring until May 25th for mud season. If someone was to be caught on the trails during that time they will be cited.
Ms. Sunderland said that if the town is going to open up these roads they have a responsibility not to ignore the investments made by landowners.
Selectman French said by doing this they are not granting permission to access private land.
Selectman Watman mentioned consulting the Town of Warner to see what they developed. Mr. Flynn said that Warner used the state form and then added specific roads. Mr. Flynn said that they could include a clear explanation as an addendum.
Chairman Parker moved, Selectman French seconded to grant the one-year approval using the state form, appropriately modified by the Town Administrator, to include the roads on the list.
It was discussed that the form states that the agreement can be terminated for any cause upon thirty days notice. Selectman Watman asked why it could not be terminated immediately and why it would take thirty days. It was discussed that thirty days gives them time to get the signs up, get the word out, and to be able to mark trails way beyond the point of entry to deter traffic.
Selectman French said that they need to list the roads on the document. It was discussed that the list will have to be on a separate sheet and then attached to the form. Selectman French agrees with the one-year approval to see if it works out. A resident said they might not get this to happen this year; it depends on private property owners as well.
Selectman Watman asked if they are certain if RSA212: 34 Duty of Care corresponds to the right citation. Mr. Flynn read the RSA, which states that the owner owes no duty of care to keep the premises safe. Chairman Parker said it is clear that the RSA reflects liability.
The motion passed 5-0-0.
Item 3: Discussion Re: upcoming Town Meeting, warrant, budgets, etc., if needed
Chairman Parker said it appeared that the assumption in Selectman Watman’s presentation is that the state is going to pick up 80% of the design costs along the way, but that the town will have to appropriate the money first.
Selectman Watman said that he attempted to show that by not bonding they are going to put a burden on the tax rate over a period of three to four years. By trying to fund by taxation it will cost $.50 to $.80 per thousand over those three to four years and will be a challenge to future Boards to try to keep the tax rate down. Selectman Watman feels this cost could be spread out to keep it where the taxpayers can afford to fund it. He said that $.30 represents $300,000 and $.80 represents $500,000, which will be hard to find in the budget without raising the tax rate. Selectman Watman said that unless the economy considerably improves they would regret not bonding
Mr. Watman made a motin to delete item 7 on the Warrant. There was no second to his motion..
It was discussed that the budget as it stands right now, if voted through, represents a proposed projected increase of $.34 and Selectman Watman’s proposal represents a decrease of $.16.
Chairman Parker said that if they appropriate the money in two phases, for design and engineering, over the next two years, when they reach the point where they are ready, they may have to bond it. If they end up with a state funded project they need cash for 60% of the project to start and if the project is large enough for federal funding then they only need cash for monthly costs. Chairman Parker said that it is premature to predict right now because they are looking at a fiscal year 2015 project. They need to get some input from townspeople to find out if they want to fix the bridge. Chairman Parker said that if they do have to bond, they would not get state reimbursement on the financing cost of the bond.
Selectman Aucoin said that he appreciates Selectman Watman’s point as far as lowering the tax rate, but at the same time, if they lower the tax rate with his proposal then next year they will have to raise it anyway because equipment will be needed and they have not funded capital reserves for several years.
Selectman Watman said that he would love to put money in the capital reserves and purchase equipment, as they need it to be replaced all without raising taxes. He said that made sense when economic times were better. Selectman Watman said that they borrowed $2.5 million five to six years ago and are now down to owing $30,000. Selectman Watman feels he has tried several times, but there has been no decision made by the Board as to what route to go or what type of bridge to build.
Item 4: Further discussion re: Easement on Lot 98 with Attorney William Drescher
Selectman Blomback recused himself at 7:13 p.m.
Attorney Bill Drescher asked if the Board wanted the discussion to be in non-public session. Chairman Parker suggested that it should be OK for public discussion and that if it developed that something needed to be done in non-public that could be accommodated. The Board by consensus decided to proceed in public session. Atty Dresher said that it is entirely appropriate for this discussion to take place in non-public session.
Chairman Parker said that the Conservation Commission is fighting against the town holding the easement and there is the issue on whether or not the town can or should hold the easement.
Attorney Drescher said that the original signed P&S provides for the understanding that the buyer would transfer a conservation easement, suitable to the Selectmen and the CC, to a private land trust or the town. He said that it could be either because the agreement specified it that way. Attorney Drescher said that the preferable way would be to transfer the easement to a private land trust, but the buyers have been unable to find a land trust due to the road that will go through the middle of the property. Attorney Drescher said that it is not uncommon for the town to hold the easement.
Chairman Parker said that since the current P&S runs out today, they should approve an extension.
Attorney Drescher said that the buyers have to prepare a plan, which he is told is close to being done. The plan needs to show where the road is going and needs to identify the remainder of the property that will be the easement. Attorney Drescher recommends the easement state “the Town of Henniker with management and control in the hands of the Conservation Commission.” He said that if they name the CC as the management control entity it adds more support to the argument that this conveyance is in perpetuity and cannot be messed with down the road. Attorney Drescher also suggests that it state that no changes can be made to the document without the Board of Selectmen, Conservation Commission, or the Charitable Trust Division of the Attorney General’s Office.
Chairman Parker moved, Selectman Aucoin seconded to agree to the amendment with a closing date of March 31, 2011. Passed 4-0-0; Selectman Blomback was recused.
Selectman French asked if there could be provisions in the easement so that if a private land trust were to become available they could transfer the easement. Attorney Drescher said that it does state that a Town Meeting would be needed to transfer the easement.
Selectman Watman said that the CC submitted a list of questions requesting legal opinion and they did not receive answers. He feels that the CC has not had a chance to look at the document and needs time to respond.
The CC’s first question was if the town holds the easement what is the town’s liability. Attorney Drescher’s response was that the town has liability to the extent that the easement is going to be used by the general public. The town has insurance for that liability through LGC or Primex and they would need to know that this piece of property should be put on the list. If it were not opened up for public use then there would be less liability. Ms. Sunderland said that the CC’s concern wasn’t slip and fall liability, it was liability in regards to the enforcement of the easement. Attorney Drescher said that it is specified in the document that the town has the right, but not the obligation to enforce the easement and it also provides that if the grantor (buyer) is the cause of the violation then the town has the right to collect for legal fees or expenses from the buyer.
Attorney Drescher said that the Selectmen would always have the enforcing power; the CC does not have the authority to do the enforcing on their own, unless it falls under the wetlands statute. If there are trails the signs are not a liability issue, but a cost responsibility issue and the CC does that now and would have to be comfortable with doing that.
The CC would like to know if the intent of the warrant article could be satisfied through deed restrictions, and if so who would have the enforcing power. Attorney Drescher said if the property was granted subject to a deed restriction that works, but if in the future they decide to get rid of the deed restrictions it is a lot easier to do that than if there was a conservation easement. He would be more comfortable with the easement rather than the deed restrictions because they are less global and the liability to the town would be presumably less because there is no maintenance responsibility, but also no use of the property.
The CC would like to know if the town owned the property, does it simplify the deed restriction option or change the liability and enforcement issues. Attorney Drescher said that he thinks that it would complicate the deed. He said that town is selling the property; the town will own the easement, which will have the restrictions, assigned.
The CC questioned how could the terms of the easement be changed or broken. Attorney Drescher said that conservation easements are supposed to be perpetual, but there is no such thing, this document creates a large group of people that would have to consent; the AG’s office, CC, BOS, and the document itself. The town would have to go to court to change the terms of the trust.
Attorney Drescher said that they probably need input from the CC before giving him marching orders to proceed.
Selectman Watman asked the Board to give the CC the opportunity to respond before closing.
Chairman Parker commented that if the easement were in the name of the Town of Henniker, presumably the Selectmen would delegate the responsibility for monitoring. He asked if it matters who is written into the document. Attorney Drescher said that he is not sure if it is a critical issue, but it would become important for the CC to be named if they were concerned with turning it over to someone else.
Selectman Watman suggests that the CC is the better choice to be named.
Chairman Parker moved, Selectman Aucoin seconded to put the easement in the name of the Town of Henniker and leave it to the Selectmen to go from there.
Selectman Watman is opposed because it would be a year-to-year decision. He said that they have a CC and the voters intended it to be in the hands of the CC, they did not intend to have it for the Selectmen to change at will. Chairman Parker said that someone has to do periodic inspections and it is highly probable that the inspections will be done by the Planning Consultant or members of the CC. Attorney Drescher said that his motivation to put in the grantor clause is that having it identified that the CC is responsible for managing, they can still do that, but if it is right in the instrument it is a stronger argument. He said they want to be able to express to the townspeople that the property will be conserved. It does not mean that a member of the CC has to do the inspections; it is just intended to have the restriction.
Jennifer McCourt said that the plan is complete and Greg Michael has it.
Ms. Sunderland said that maybe there should be a baseline done, independent of the town, before monitoring begins so that they know the current conditions.
Jennifer McCourt said that a baseline study had been done.
Selectman Watman said that the suggestion from the attorney was to list both the Town of Henniker and the CC. Selectman Watman asked if the CC was listed in the document would they be equal to the Selectmen to control the property. Attorney Drescher said that by putting the CC in there it gives them a specified level of authority that they would not have if they were not listed.
The motion Passed 3-1-0; Selectman Watman was opposed and Selectman Blomback was recused.
Attorney Drescher said there is a section that indicates that the Selectmen are conveying the fee to the property to the buyer and then the buyer is then giving back an easement on a portion of the property, the town owns the easement and the buyer owns the property. The document has a clause that if they convey the underlying fee to someone else then they need to inform the town. If the town wants to make it tougher on the buyer, than they can say that they cannot just sell it to anyone they would have to sell to a non-profit. Selectman Aucoin said the buyer ought to have the right to sell the property as a whole.
Attorney Drescher asked if the Selectmen if they want to include the Director of the Division of Charitable Trusts of the Attorney General’s Office in the easement. It was discussed that it would include a tougher level. The Board agreed to include the Charitable Trusts of the Attorney General’s Office in the easement.
Ms. Sunderland said that the CC will look over the new draft, make comments, and get them back to the Selectmen and Mr. Flynn.
It was discussed that if the CC does not have substantial problems, they can close as soon as the title is obtained.
Selectman Blomback returned to the meeting at 8:12 p.m.
Item 5: Review and adopt minutes of February 15, 2011
Selectman Blomback moved, Selectman Watman seconded to approve the minutes of February 15, 2011 as amended. Passed 5-0-0
NEW BUSINESS
Item 6: Town Administrators Report
1. Lot 98 purchase proposal – This item was discussed earlier.
2. Old Concord Road issue – Mr. Flynn would like to discuss this item in non-public session.
3. Highway Safety Committee Meeting – Nevins request – Mr. Flynn said that he and our Police Chief met with the Hopkinton Town Administrator and Chief of Police and it was discussed that there is nothing they can do other than enforce the speed limit. The recommendation of both Police Chiefs is that Hopkinton would put up a sign to warn people to slow down due to the residences. They will also try to do more enforcement, but did not want to limit the weight limits.
4. Salary and Benefits Survey – Still on hold.
5. Safe Routes to School – There will be a meeting on March 24th at the Community Center.
6. Western Avenue Bridge – Heard tonight.
7. Western Avenue Sidewalk – This is planned to happen this summer, assuming they have the $41,000 in the operating budget.
8. Old Warner Road Application – The outcome is based on Lot 98.
9. Athletics for Youth Committee Study Committee for Recreation Director – Has not formed yet.
10. Drug and Alcohol Policy for Non-DOT Employees – Mr. Flynn said that the policy has been revised to include certain parts of the Police and Fire departments and still needs to be reviewed by both department heads.
11. Solid Waste Management Committee – This item was discussed earlier.
12. ATV Policy over Class VI Roads – This item was discussed earlier.
13. Soccer Field Lease from USACOE – Mr. Flynn said that he did hear from them and was told that everything is all set; they do want a diagram of the baseball field.
14. Grove Street – Waiting for Town Meeting to decide.
Item 7: Selectmen’s Reports
Selectman French told the Board that he went to the Currier and Ives Council Meeting and it was discussed that they want to change some of the Byway in Henniker.
Mr. Flynn said that they have overspent the salt line by $9,000 and have spent a lot of the overtime money as well. If the budget does not get cut at Town Meeting they can adjust the line items as long as the bottom line does not go over and if necessary they can possibly adjust other department’s budgets.
Mr. Carl Knapp said that they have enough salt on hand for a couple of storms and there is $14,000 remaining in the overtime line for the rest of the year.
Mr. Flynn said that they received a sign permit request from the Weare Winter Wanderers for a location in front of Contoocook Well on Route 114; it does not comply with the town ordinance, but the sign will be on a state road. The Selectmen’s approval is needed. Mr. Flynn handed the board a permit application, which they signed as requested by the applicant.
Chairman Parker signed the form to grant the extension on Lot 98 until March 31st.
Mr. Knapp mentioned that the salt budget is less than it was in previous years. Mr. Knapp did not put the budget together and commented that the $85,500 for the 2011 upcoming budget may not be enough.
Item 8: Possible Non-Public – Per RSA 91-A: 3, II, (c) and (d)
Chairman Parker moved, Selectman French seconded to enter into non-public session @ 8:32 p.m. pursuant to the authority granted in RSA 91-A: 3II (a, c, and e). A roll call vote was taken, Selectman French – yes; Selectman Aucoin – yes; Selectman Blomback – yes; Selectman Watman – yes; Chairman Parker – yes. Passed 5-0-0
Board came out of Non-public at 8:50 pm
Motion to adjourn by Leo Aucoin, seconded by Kris Blomback. All voted in favor. 5-0
Board of Selectmen Minutes
Present: Selectman Bob French, Selectman Leo Aucoin, Selectman Kris Blomback, Selectman Tom Watman, Selectman Leon Parker, Town Administrator Peter Flynn. Minute Taker Nicole Gage. Jennifer McCourt, Eleanor Kjellman, John Kjellman, Martha Sunderland, Gail Hayden, Scott Dias, Dave Connors, Thomas Patenaude, Mark Mitch, Stephany Marchut Lavallee, Ron Lavallee.
Meeting called to order at 5pm. Pledge of allegiance led by Selectman Blomback.
Parker noted that signing the conservation easement for Lot 98 is a major step to provide progress prior to tomorrow’s town meeting.
Selectman Blomback stepped down.
Selectman Parker noted that we have reached a point where the lawyers for each party have agreed on the conservation easement deed, which is a major stepping point to move us to the closing. We have also gotten a reading from the LGC (Local Government Center) that endorses the advice of the town’s attorney.
Town Administrator Peter Flynn gave an overview of the steps taken up to this point. Since September we have agreed to a draft of an easement after multiple letters to further the review and negotiating of the conservation easement. Many give-and-takes have gone between the two parties that lead to a draft document that was reviewed by the Conservation Commission approximately two weeks ago. The Conservation Commission then commented to the Selectmen through a memo and the LGC was again contacted for advice. After reviewing the Conservation Commission’s letter, the town’s attorney made a recommendation for the final wording on the easement. That final draft was reviewed this afternoon. Mr. Flynn noted that Page 3 has a typo (referring to Lot 99 and it should say Lot 98). Also on Page 5, Number 5, “benefits, burdens & access”. This afternoon sections D. and E. have been added at the insistence of the town’s lawyer. Everyone in the audience was given a copy of the final draft easement, leaving it up to the selectmen. Selectman Parker noted that the town’s lawyer had a meeting with the Selectmen to discuss the easement.
Selectmen Aucoin MOVED to accept the Conservation Easement Deed for Tax Map 1, Lot 98 as Prepared by Attorney William Drescher and authorize the Chairman of the Board of Selectmen to sign said document on the Town’s behalf. Selectman French SECONDED the Motion.
Selectman Watman stated that last year the voters made it clear that they wanted the land protected, and that the selectmen are rushing this decision, although they have the right to do so. He noted that that the final draft arrived at approximately 2:00 PM today and additional sections at approximately 4:20 PM. Selectman Watman continued to read a pre-typed script of his concerns (attached to these minutes). He feels that the public has been misled and that the Chairman has failed to heed warnings of risk by the town’s attorney and that the town could be sued as a fiduciary agent of a trust.
Selectman Watman MOVED to postpone action on the proposed conservation agreement until the regular board meeting scheduled for April 5th. Chairman Parker called for second. No second was made.
Chairman Parker noted that the document was reviewed multiple times and that it was up to the selectmen to enforce the easement. One of the reasons he included the issue about the charitable trust was so that it makes it even more important to properly manage the easement, in perpetuity. The Conservation Commission relies on the authority of the Board of Selectmen. This document is enforceable and has significant penalties in place to assist future select boards.
Selectman Watman MOVED that the public be allowed to speak. No second.
Selectman Watman stated that this is being rushed through and that this board makes derogatory comments about the Conservation Commission and should show them the respect to allow them to review this final draft. The public has already made it clear that conservation matters. He is in favor of signing the agreement when it’s ready to be signed and not a moment sooner.
Chairman Parker asked the members of the audience, who were part of the Conservation Commission, to present their concerns right now.
Martha Sunderland spoke. She noted that they received the draft easement at 2:00 PM today and had not reviewed it yet as a Commission. The easement as drafted is definitely improved but it is still a very weak conservation easement in their opinion. There are two concerns:
Selectman Watman asked if the Town Administrator had any record of what the Town Attorney told the Selectmen, particularly in regards to the lawyer’s advice concerning the Conservation Commission, which the Selectmen had decided to disregard. Martha Sunderland then showed an email from the town attorney, dated March 1st, suggesting that the easement have the common language and wording of giving the Conservation Commission the ability to oversee the easement. Selectman Watman noted that the Board of Selectmen disregarded the attorney’s advice, allowing politics to get in the way and yet the purpose of the easement is supposed to be conservation.
Chairman Parker noted that the issue of whether or not the Conservation Commission should be involved in the easement has been dealt with in a previous meeting.
Chairman Parker called for a vote on the motion. All in favor 3 (French, Aucoin & Parker). Opposed 1 (Watman). MOTION WAS APPROVED 3-1.
The motion was that it should be signed. The three selectmen in favor of signing the conservation easement then signed the document. Selectman Blomback returned to his seat.
Selectman Aucoin MOVED that the meeting scheduled for March 15 be postponed until the following Tuesday, March 22nd due to the lack of a full board on the 15th. MOTION WAS APPROVED unanimously.
Selectman Aucoin MOVED that the Chairman or Vice Chairman of the Henniker Board of Selectmen be authorized to sign any and all documents pertaining to the ‘closing’ on the sale of Lot 98. Selectman Blomback excused himself and stepped down. Selectman Watman SECONDED THE MOTION. MOTION WAS APPROVED unanimously.
Administrator Flynn noted that the title search is in progress and needs to be completed, and then the documents for Lot 98 should be ready for signature.
Administrator Flynn circulated a letter to the Department of Transportation (DOT) for the Selectmen to sign, confirming the Selectmen’s request to re-designate portions of the scenic byway. Mr. Flynn noted that this request was already formally made to the DOT in November 2010 but that they needed a letter and acknowledgement in the meeting minutes. All selectmen signed the letter (attached to these minutes).
Selectman Aucoin MOVED to Adjourn. Meeting adjourned 5:35 pm.