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Board of Selectmen
2004 Minutes of Meetings
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Board of Selectmen |
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2004 Minutes of Meetings |
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Available Meeting Minutes |
APPROVED
BOARD OF SELECTMEN
TOWN OFFICES
Present: Rod Pimentel, Thea Braiterman, Cordell Johnston, Peter Flynn, Lia Houk, Jeremy Soulliere, Stephany Lavallee, Ron Lavallee, John Margeson, Bob Pennock, Pete Fernandes, Keith Gilbert, Grace Cohen, TJ Carmondy, Shawn Stein, Ben Tokarz, Roger Belsen
The Pledge of Allegiance was recited at 6:15 P.M.
Public Forum
Stephany Lavallee asked about the status of the Town Meeting Committee, and the Board explained the delay in setting up this Committee due to inadequate interest. However, the Board was considering asking voters at the 2005 Town Meeting about scheduling future meetings on a Saturday. After March, the Town Meeting Committee could begin meeting to discuss other issues of concern.
Appointments
6:20PM Item #1: Update of Public Interest – CIP Committee
Peter Flynn updated the Board on the last meeting of the CIP Committee, noting its final report will be presented at the next Selectmen meeting, with request for its adoption to be presented by Leon Parker, the Committee Chair. He was very pleased with this hard-working committee and thought the report was excellent. He also wanted to commend Russ Roy, town Finance Director, for his good work on the CIP draft report. The town saved $2-3,000 by doing revisions in-house.
Mr. Flynn noted the Space Options Committee will be meeting this week, and hopefully will present their conclusions at the next Board meeting. In addition, it did not look like a Warrant Article would be coming from the Papermill Restoration Committee this year, as its work is not completed at this time.
Thea Braiterman asked about the status of the Community Center, and Mr. Flynn said it is doing very well. It is used almost every day and night, by various groups with their activities. The Teen Center is not used as often, but a good group of teenagers are there regularly, and the issue is to get more volunteers at the Center so it can be open more often. Rod Lavallee asked about monitoring the Center’s use by children from outside Henniker. Mr. Flynn noted there are guests that use the Center, but they are usually students of John Stark High School and friends of resident children. Everyone is requested to sign in, as they are gathering statistics to use later on in applying for grant funds. The Center is now fully equipped to provide snacks, as well.
Mr. Pimentel thanked Mr. Flynn for his invaluable help on the Space Options Committee. Mr. Flynn thanked him, said he enjoyed this work.
Old Business
Item #2: Review and Accept Minutes of November 30, 2004
MOTION by Cordell Johnston to approve the minutes of the November 30, 2004 meeting, as amended. Seconded by Thea Braiterman and unanimously approved 3-0.
Appointments
6:30PM Item #3: PUBLIC HEARING – Haulers Fees Amendment to the Fee Schedule
MOTION by Rod Pimentel to open the Public Hearing to Consider a Haulers Fee for Commercial Trucks Dumping at the Henniker Transfer Station. Seconded by Cordell Johnston and unanimously approved 3-0.
Rod Pimentel announced the opening of the Public Hearing to Consider a Haulers Fee for Commercial Trucks Dumping at the Henniker Transfer Station. The Hearing opened at 6:33 PM.
Ben of B&A Waste Removal and Recycling Company, said he opposes these new fees, as it will look good on paper, but in the long run not save any money and hurt residents, the taxpayer and his business. His customers in Henniker already pay to have the Transfer Station in town; then they pay him to pick up their trash. Now they will have that fee increased by $10, from $20, to cover these new fees; almost 98% of his 175 customers are residential.
Dr. Roger Belsen asked the purpose of these new fees, is it to save economically, or try to cut down on trash, or promote recycling? Mr. Pimentel explained the town would like to establish fees similar to surrounding towns.
Bob Pennock, Chief of the Transfer Station, distributed a handout laying out the expected savings from instituting these fees, currently estimated at saving 35 cents on the 2005 tax rate. There was a lengthy discussion on how these fees would offset the Transfer Station budget, since it would not change the requested budget appropriation, just the source of the funds to pay for this appropriation. Dr. Belsen and Ben expressed concerns that this will not lower taxes; Henniker residents are already paying one of the highest tax rates in the state.
Mr. Pennock explained his support for these fees, as they would resolve the problem of having trash from non-residents dumped in their facility. There is no way to account for that happening with the current arrangement. Mr. Pimentel agreed it is difficult to police commercial haulers and what they are bringing into the town’s facility. Mr. Pennock noted the $38.15 fee proposed for 2005 is comparable to other towns’ fees.
The Board discussed with the audience the types of fees surrounding towns have for their Transfer Station facilities. It was noted New London is one of the few towns that does not have a fee for commercial haulers, however Hillsborough, Loudon, Bradford, Sutton, Weare, and Hopkinton all charge commercial haulers in some way. Ben noted these fees are varied, some charge him for dumping their town trash, but most do not, as long as he complies with their town regulations. Mr. Pennock noted these towns all have mandatory recycling, as well.
Dr. Belsen and Ben reiterated their concerns about the unfairness of placing another tax onto those who do not have a way to bring their trash to the Facility. There is also no way of knowing whose trash a resident is bringing into the Facility right now.
There was continued discussion on the issue of fairness, with Mr. Lavallee, Thea Braiterman, and Rod Pimentel expressing their view that it is unfair to have the town pay for trash that is not the town’s; some of them choose to have their trash picked up, but that is a choice and a luxury. Charging this fee would eliminate the disadvantage the Town of Henniker has with surrounding towns that charge for their facility’s use.
Lisa Houk noted a tax reduction will be the result of all this, as the fees will pay for part of the budget, but Dr. Belsen and Ben disagreed, that their customers are still going to be discriminated against because they will not see these savings directly. There was discussion on Pay As You Throw, that this is the first step toward that system. Cordell Johnston expressed support for the fees, as he believes Henniker needs to do the same as the surrounding towns.
MOTION by Cordell Johnston to amend the fee schedule under the Solid Waste Ordinance to include a per ton charge for commercial trash haulers, with the charge subject to adjustment as established by the Cooperative and Wheelabrator, based on costs per ton at time of disposal, with the fees to be effective January 1, 2005. Seconded by Rod Pimentel and unanimously approved 3-0.
Mr. Pimentel closed the Public Hearing at 7:20 PM.
Item #4: Dialogue with Hopkinton Selectmen re: Financial help for legal fees concerning Bio-Energy litigation in Hopkinton
(Postponed to next meeting due to weather.)
Item #5: Review of Warrant Articles
Ramsdell Road Bridge Fund: The Board noted this is a continued request in order to meet the town’s 20% share of the cost of the construction of the bridge, which is about 3 years away.
Highway Department Storage Shed: The Board discussed the need to comply with DES environmental regulations concerning run-off, but agreed to drop this reference in the draft Article for clarification purposes.
Highway Department Dump Truck: The Board clarified this is a replacement for an ’89 truck, and will replace the need for a pickup truck, which was not funded last year.
Highway Department Road Construction Fund: The Board noted this has been reduced by half, as road projects can still be managed appropriately. The State Block Grant has also increased this year.
Highway Department State Grant Road Fund: The Board noted the $10,000 increase for 2005.
Fire/Rescue Building Fund: The Board had a lengthy discussion on the current balance of this fund, and its purpose.
Selectmen to Act as Agents to the Fire Truck Fund: The Board noted this has been requested before, but denied; Keith Gilbert, Fire Chief, agreed to stand up at Town Meeting and request the town’s support for having the flexibility to purchase a fire truck in between the annual town meetings.
Fire Department Fire Truck Capital Reserve: The Board had a lengthy discussion with Keith Gilbert regarding the purpose for this fire truck and the funding reductions the town made last year and this year. Mr. Gilbert stressed the need for planning ahead so there is not a large appropriation request in the future.
Emergency Management/Fire Department Command & Control Vehicle: The Board noted this vehicle is to handle a mass casualty emergency and will only be purchased with a federal grant being approved. The cost to outfit this vehicle was thought to be in this grant.
Ambulance Capital Reserve Fund: The Board noted these funds were a standard request, with the funds being derived from fees.
Transfer Station – Vertical Baler: The Board noted this is to replace a baler over 40 years old and will serve as a backup for the two used now.
Transfer Station – Pre-Owned Loader: The Board noted the increased savings expected with this loader.
MOTION by Cordell Johnston to adopt the above-listed Warrant Articles, as amended. Seconded by Thea Braiterman and unanimously approved 3-0.
Item #6: Request for Non-Public Session per RSA 91-A:3, II (c) (d) for Personnel and Land Purchase Reasons
MOTION by Rod Pimentel to enter into Non-Public Session per RSA 91-A:3, II (c)(d) regarding personnel and land purchase issues. Seconded by Cordell Johnston and unanimously approved 3-0.
(non-public minutes separate)
MOTION by Rod Pimentel to enter into Public Session per RSA 91-A:3, II (c)(d). Seconded by Thea Braiterman and unanimously approved 3-0.
MOTION by Cordell Johnston to seal the non-public minutes. Seconded by Rod Pimentel and unanimously approved 3-0.
New Business
Item #7: Town Administrator’s Report
Peter Flynn informed the Board that he was not able to find any record of the original 1975 and 1976 Town Meeting votes that established the Historic District Commission. There was no question the Historic District was created, but the Commission itself was not voted on, as far as he can find.
The Board discussed this issue, as well as the expected consideration by the Planning Board of the submitted Warrant Petition by the Historic District Commission at its next meeting. It was suggested to have this issue tabled until more information can be provided to the Boards.
Thea Braiterman urged the Board to discuss this issue with the Planning Board and the Historic Commission so that issues can be resolved before the town meeting in 2005. Mr. Flynn agreed to continue to research for votes on establishing the Commission.. The Board agreed to consider this issue at their next meeting.
Item #8: Selectmen’s Reports
(There were no issues or concerns to discuss.)
Item #9: Permits for Signature
Sign Permit: Lions Club
Timber Tax Levy: Francis Hart, $467.03
Item #10: Abatements/Other Signatures
Abatement Request Recommendation – Denied; Drew, Larry and Linda, $6,420
Refund: Burt, David, $200
Appointment: Michelle Moir, Henniker Police Department
A motion to adjourn was made at 8:45PM.
Sincerely,
Amy Jowers
Clerk to the Selectmen
APPROVED
BOARD OF SELECTMEN
TOWN OFFICES
Present: Rod Pimentel, Thea Braiterman, Cordell Johnston, Peter Flynn, Ken Levesque, Wayne Colby, Tom Watman, Helga Winn, Eric Cruz, Dan Camillari, David Hayden
The Pledge of Allegiance was recited at 6:15 P.M.
Public Forum
(No one present.)
The Board announced the 2004 tax rate of $45.19, which reflects an increase of $2.24 over last year. The town rate portion is $11.82; County rate is $3.77; local school rate is $24.38; State school rate is $5.22.
Appointments – Budget Reviews
Item #1: Budget Reviews
Tucker Free Library
Helga Winn presented a proposed FY2005 budget of $152,297 for the Tucker Free Library, noting the 6.15% increase is mainly due to personnel costs. Rod Pimentel asked if the Library is considering reducing paper storage of periodicals, as the internet allows access to archives of many of them. Ms. Winn said they have a policy to retain some, as needed, but the newspapers are only kept for one week. Wayne Colby said it depends on what is used for research. They agreed this is always under review.
Rod Pimentel presented a Proclamation of best wishes and congratulations from the Board of Selectmen to the Tucker Free Library for its 100th Anniversary Celebration.
Item #2: Recommendation of Engineering Firm for Waste Water Project – Ken Levesque
Ken Levesque updated the Board on the current operating Wastewater system, which is operating better. He recommended Underwood Engineering, Inc. be awarded the bid to study this system to find out the cause of current problems, help propose solutions, and advise any upgrades needed for future operation. He has worked with Underwood Engineering, Inc. in the past and they have provided good service to the town.
MOTION by Rod Pimentel to authorize Ken Levesque, Chief of the Wastewater Treatment Facility, to begin contract negotiations with Underwood Engineering, Inc. to complete a study of the activated sludge portion of the secondary treatment process at the wastewater treatment facility with a focus on the aeration system capabilities. Seconded by Cordell Johnston and unanimously approved 3-0.
Mr. Levesque explained this authorization completes the first step required by the State of New Hampshire under the 80/20 funding agreement. The State will now be involved through the rest of this process, and will approve the cost, as well. Thea Braiterman asked what happens if an agreement cannot be reached; Mr. Levesque responded that the town will then go to the second firm who bid on this project. Mr. Levesque distributed copies of the process he had for choosing Underwood Engineering, Inc. and letters he has sent to the State. The Board thanked him for his work.
Mr. Flynn informed the Board of the two awards the Wastewater Treatment Facility has received. They are both an honor to receive for the town. The U.S. EPA has awarded the Henniker Facility with a second place win in the EPA’s 2004 National Clean Water Act Recognition Award competition, based on the demonstrated creative and outstanding operations and maintenance practices in the small secondary plant category.
The New England Water Environment Association, Inc. has awarded Ms. Mary Dowse its 2004 Operator of the Year Award in NH, for an individual who has shown a high level of interest and performance in wastewater operations.
The Board extended their appreciation and congratulations to both Mr. Levesque and Ms. Dowse for their exemplary work for the town.
Item #3: Dialogue with Hopkinton Selectmen re: Financial help for legal fees concerning Bio-Energy litigation in Hopkinton
(Postponed to next meeting.)
Old Business
Item #4: Review and Accept Minutes of November 9, public and non-public, and November 16, 2004
MOTION by Rod Pimentel to approve the draft minutes of November 9, 2004, as amended. Seconded by Cordell Johnston and unanimously approved 3-0.
MOTION by Rod Pimentel to approve the draft minutes of November 16, 2004, as amended. Seconded by Cordell Johnston and unanimously approved 3-0.
MOTION by Cordell Johnston to approve the non-public minutes of the November 9, 2004 meeting, as amended. Seconded by Rod Pimentel and unanimously approved 3-0.
New Business
Item #5: Town Administrator’s Report
Peter Flynn noted excavation has started on Old Concord Road to prepare for the retaining wall. The Sidewalk Project continues to proceed smoothly. The Paper Mill Restoration Committee will meet next week. Mr. Flynn noted there is nothing new on the Ramsdell Road Bridge Project. The Space Options Committee will meet this Saturday, December 4, 2004 at 9:00AM to discuss proposed town hall renovations with the Historic Commission.
The Revaluation project continues to proceed smoothly. The Pay As You Throw issue has had further progress, with he and Bob Pennock meeting with a Resource organization representative, who is working on an initial report to present to the Board.
The CIP Committee is meeting Thursday, December 2, 2004 at 6:30PM to finalize its report, which will then be presented to the Board of Selectmen for approval. The Wastewater Facility study has already been discussed this evening. The Transfer Station Hauling fees will be discussed at a public hearing on December 7, 2004.
The Warrant Petition regarding the Historic District Commission has been addressed with the copy of the town counsel’s legal opinion on the submitted petition, handed out tonight for the Board’s review.
Thea Braiterman noted the legal opinion states that the submitted Warrant Petition is not necessary, as the 1975 and 1976 decisions stand and cannot be changed. She urged the Board to discuss this issue with the Planning Board and the Historic Commission so that issues can be resolved before the town meeting in 2005.
The Board had a lengthy discussion on options to address this issue, clarifying that the submitted Petition cannot be withdrawn and that it will be voted on the ballot, not presented for a vote at Town Meeting. Peter Flynn agreed to distribute the original Warrant Article that establishes the Historic District for the Board’s review at the next meeting.
The Board discussed whether a properly established District and Historic Commission authorizes the Commission to have the final say on decisions in that District, and the Board agreed to request a legal opinion on that issue for clarification. Ms. Braiterman urged the Board, the Planning Board, and the Historic Commission to discuss these issues so that everyone understands the positions.
Item #6: Selectmen’s Reports
Mr. Johnston asked about the status of the Town Meeting Committee, which has not yet met. After a brief discussion, the Board agreed to work on a Warrant Article requesting a town vote on the option of holding town meetings on Saturdays. The Committee can then begin meeting on other issues, and include input from the town moderator.
Item #7: Permits for Signature
Intent to Cut: Morgan, Map 1 Lot 625A
Morgan, Map 1 Lot 559;X;X1
Sign Permit: St. Theresa’s Church, craft fair
Artisan Night Craft Fair
Timber Tax Levy: Steven Kavadias, $2,412.06
Item #8: Abatements/Other Signatures
VNA (Visiting Nurses Association) Contract
Notice of Lien: Evans, $1,951.19
Trustees of the Trust Fund, Community Center accounting
A motion to adjourn was made at 7:15PM.
Sincerely,
Amy Jowers
Clerk to the Selectmen
APPROVED
BOARD OF SELECTMEN
TOWN OFFICES
Present: Rod Pimentel, Cordell Johnston, Thea Braiterman, Peter Flynn, Kimberly Johnson, Scott Osgood, Martha Sunderland, John Margeson, Eric Gur, Jim McElroy, Ron Lavallee, Stephany Marchut Lavallee, Jeremy Soulliere, Tom Watman, Bob Pennock, Leon Parker, Terry & Bob Stamps, Kristin Claire, Bill Belanger
The Pledge of Allegiance was recited at 6:15 P.M.
Public Forum
Ron Lavallee asked about the health care costs paid by town employees. Rod Pimentel said the town covers the entire cost of health insurance for town employees. Mr. Lavallee urged the town to reconsider this, as there are town residents who do not have insurance at all. Mr. Pimentel noted the State covers health insurance the same way, as well as many surrounding towns. The Board seriously considered changing this policy last year but decided against it.
Appointments – Budget Reviews
Item #1: Budget Reviews
Conservation Commission – Martha Sunderland
Martha Sunderland presented a proposed FY2005 budget of $2,180 for the Conservation Commission line item, level funded from last year. She noted the NH Grant for the French Pond study has been carried over again, as they are still waiting for the State funds. There are no changes in the Commission’s plan, although there are some public awareness and advertising projects being considered.
Cordell Johnston asked about the new regulation to transfer 50% of land use tax to conservation efforts, as approved by the town last year. Ms. Sunderland responded that has not yet happened, due to the town finance office waiting for final figures on the total amount. She expects it will be around $22,000 when transferred, however it will not show in the Conservation Commission budget. She confirmed these funds will be used for preservation of open space in Henniker.
Town Clerk/Tax Collector – Kim Johnson
Kim Johnson presented a proposed FY2005 budget of $46,671 for the Town Clerk line item, noting the 14.8% increase is mainly due to a request for a new part-time clerk position. Her department is getting busier as the town grows, and this new position would be a backup for the times when only person is working. Rod Pimentel asked about the office space, and Ms. Johnson replied she would move into the old finance area in the back office area.
Thea Braiterman expressed support for this position on the condition that the new person helps cover lunch hours instead of having the office closed. She does not believe the town receives enough service, and the hours for the Town Clerk are not as flexible as she wishes. A lengthy discussion ensued regarding other options for office hours, including Saturday mornings, Monday evenings, and Tuesday evenings. The Board agreed more open hours were needed. For safety reasons, Ms. Johnson said she does not want to have office hours if she is the only one in this building. She noted busy times depend on the part of the month, and the new position will be scheduled 10 to 12 hours per week to help with this workload.
Cordell Johnston said his issue is he forgets what the hours are, since they are different depending on the day of the week. Ms. Johnson reiterated the hours are Monday-8AM to 5:30PM; Tuesday, Wednesday and Friday-8AM to 12noon; open through lunch if there are two people; but if not, the office reopens-1PM to 4:30PM, last Saturday of each month-8AM to 12noon.
The Board agreed Thursdays remain difficult to be open since the court is in session that day, however, the new position will help keep the office open through lunch hours during the remaining four days a week. There were several suggestions to improve the advertisement of these hours, including using local newspapers to remind residents of office hours. If hours change, the outside sign posted at Town Hall will need to reflect these changes.
Ms. Johnson presented a proposed FY2005 budget of $49,081 for the Tax Collector line item, noting the 14.1% increase is due to the same position, as discussed above. The photocopying charges reflect the fact that the copier is now being used as a printer.
Highway Department – John Margeson
John Margeson presented a proposed FY2005 budget of $470,182 for the Highway Department, noting the 4.6% increase is due to increases in wages, insurance, and retirement benefits. Gasoline costs are down, due to fewer gasoline vehicles.
Thea Braiterman asked if more road repair could be completed if more funds were budgeted. Mr. Margeson responded the proposed $45,000 for road repairs in FY2005 would be satisfactory. In discussions with the CIP Committee, the goal is to eventually incorporate these funds into the operating budget, possibly within 4 to 5 years when the town is caught up on road repair. Mr. Flynn reminded the Board a State Grant of about $150,000 is also available for these projects.
Highway/Streets – John Margeson
Mr. Margeson presented a proposed FY2005 budget of $163,235 for the Highway/Streets line item, noting the 17.1% increase is due to the $12 increase in the price of salt. The Board reviewed the salt budget and Mr. Margeson noted it was high, since there is only a need for 2,000 tons. He agreed with the Board suggestion to cut $10,000 from this line item, thereby only having a 10% budget increase for FY2005.
Mr. Lavallee asked about the salt purchase and how many storms it would cover. Mr. Margeson responded that the town has never used more than 1,800 tons a year; this purchase will be good through April 2005. He noted back to back storms may still be an issue, as this will not impact the storage issue with the salt.
Street Lights – John Margeson
Mr. Margeson presented a proposed FY2005 budget of $17,000 for the Street Lights line item, noting the 5.6% decrease is due to a reduction in the cost of street lighting, which covers the cost of the entire town’s usage. Rod Pimentel asked about the replacement of bulbs; PSNH is replacing bulbs with more lumens rather than less wattage. Mr. Flynn confirmed he has conveyed this concern to PSNH. He also noted this bill does not include the lamplights by the College, as they are covered by NEC.
Zoning Board – Leon Parker
Leon Parker presented a proposed FY2005 budget of $6,200 for the Zoning Board, noting the 1.3% increase is due to a new assessed photocopying charge, as the copier is now used as a printer; otherwise, the budget remains largely the same. He noted the $3,000 budgeted for the planning board consultant and Mr. Flynn confirmed these fees would be reallocated at the end of the year to the committees that used this assistance.
Planning Board – Scott Osgood
Scott Osgood presented a proposed FY2005 budget of $55,869 for the Planning Board, noting the 42.6% increase is largely due to additional funds for the planning board consultant. These hours will go from 12 hours to 20 hours per week, as there are several other committees and boards that have requested this consultant’s assistance. In addition, the membership dues for the Central NH Regional Planning Commission will increase by 10%, from $4,525 to $5,000.
Ms. Braiterman asked if these additional funds for the consultant could not be distributed between all committees and boards that use this consultant, thereby reflecting the true use of this person’s work. Mr. Flynn agreed to establish where the consultant’s hours have been used in 2004, with the appropriate proportion allotted to these committees. The Board discussed last year’s concerns about this consultant’s budget and agreed this would be a better way to plan for this work.
Emergency Management – Bill Belanger
Bill Belanger presented a proposed FY2005 budget of $42,550 for the Emergency Management Department, noting the 21.43% increase is due to the potential purchase of a Command & Control Vehicle for the fire department and training funds to understand the new EPA regulations governing chemical violations issued to towns. The C&C vehicle can be driven to an emergency event and provide the necessary communications and safety equipment needed to respond quickly and effectively. Currently, the town uses its forestry truck. A grant will cover the entire purchase of the vehicle, but not the inside equipment, which has already been placed in the Fire Department FY2005 budget.
Mr. Lavallee asked what it would cost to equip the vehicle, and Mr. Belanger responded maybe around $5-10,000, depending on the equipment and on other grants that may be out there to cover such expenses.
After further discussion, the Board agreed to place this C&C vehicle purchase in a Warrant Article with language stating the town will accept grant money for this purpose.
Old Business
Item #2: Follow-up on Transfer Station Policies re: private haulers
Bob Pennock informed the Board the potential revenue that could have been collected from commercial haulers this year would be close to $70,000. The Board discussed the public hearing scheduled for December 7th, 2004, with a vote on this proposed change to take place after. Mr. Pennock also informed the Board he and Mr. Flynn will be meeting with Elizabeth Dodge from Resource Recovery to discuss what the town is looking for in a recycling plan; her cost to do this study is half of what was originally proposed. He added that the leaf collector purchased by the town last year has saved in staff time and money.
New Business
Item #3: Town Administrator’s Report
Peter Flynn noted the poles have been placed and wiring of them started on the Old Concord Road Sidewalk Project. The town assessor, George Hildrum, is appraising the properties being addressed by the Paper Mill Restoration Committee. There is nothing new to report on the Ramsdell Road Bridge Project. The Space Options Committee will be meeting with the Historic Commission on Saturday, December 4 to discuss proposed renovation plans of the town hall. The Board is invited to attend.
The Revaluation project continues with visits to residential places; they are expected to be finished with this phase by next summer, in time to use this information to determine the next year’s tax rate. The Pay As You Throw issue was discussed this evening. The CIP Committee will be meeting this Thursday, November 18th, 2004 at 6:30PM to work on final numbers for its plan. The Firing Range issue is continuing to be worked on. Ken Levesque has met with two companies, with another firm to meet next week, regarding the study of the town’s Waste Water system. As already discussed, there will be a public hearing on December 7, 2004 on the proposal to charge a fee for commercial haulers. Finally, he will be submitting a written response from town counsel to the Board next meeting on the Warrant Article addressing the Warrant by Petition submitted by the Historic Commission.
Item #4: Selectmen’s Reports
Rod Pimentel requested immediate action on addressing the health and safety issues for the employees working at the town hall, regardless of the Space Options Committee’s recommendation. Mr. Flynn agreed to follow up on this request.
Mr. Flynn noted the tax rate should be announced within the next 48 hours, then placed on the webpage.
Item #5: Permits for Signature
(no permits for signature)
Item #6: Abatements/Other Signatures
(no abatements/others for signature)
A motion to adjourn was made at 7:35PM.
Sincerely,
Amy Jowers
Clerk to the Selectmen
APPROVED
BOARD OF SELECTMEN
TOWN OFFICES
Present: Rod Pimentel, Cordell Johnston, Thea Braiterman, Peter Flynn, Ken Levesque, Stephany Marchut Lavallee, Jeremy Soulliere, Martha Taylor, Tom Watman, Dottie Kelsey, Jon Evans, Cynthia Marsland, Bob Pennock, Lia Houk, Joan O’Connor
The Pledge of Allegiance was recited at 6:15 P.M.
Public Forum
(No one present.)
Appointments – Budget Reviews
Item #1: Budget Reviews
Historic District Commission Presentation of Petition Warrant Article
Martha Taylor, on behalf of the Henniker Historic District Commission, presented a Warrant by Petition to amend the Henniker Zoning Ordinance reaffirming the Historic District established by Town Meeting votes of 1975 and 1976. The Board accepted the Warrant by Petition and confirmed town counsel would verify the signatures; it would then be placed on the ballot for the 2005 Town Meeting.
Ms. Taylor explained this Petition will not change anything as it now stands, but establish an Overlay District that reaffirms the decisions made by the town in 1975 and 1976. The Board discussed the Petition, and Ms. Taylor, in response to questions, stated the Board would have to obtain approval from the Historic Commission to renovate the Town Hall, and/or allow another tenant to use the Town Hall.
Ms. Taylor noted the Commission has not yet established elections of officers and procedures, however, Members will still be appointed by the Board. Cordell Johnston noted a public hearing on this proposed amendment is required to be held by the Zoning Board of Adjustment (ZBA) and is scheduled for January 2005.
Cemeteries – Martha Taylor
Martha Taylor presented a proposed FY2005 budget of $6,500 for the Cemeteries line item, level funded from last year. The stone repair project has not been completed this year, so is scheduled for next year.
Waste Water – Ken Levesque
Ken Levesque presented a proposed FY2005 budget of $413,473 for the Waste Water Treatment Facility, noting the 6.45% increase is largely due to expenditures beyond his control, such as wages, insurance, and retirement costs. The Board asked for an update on the current system operation. Mr. Levesque said he has seen some improvement. It was a rough week and a difficult weekend, but from that, came a decision to try a new option – the air was shut off for 15 hours to kill all living organisms in the plant system. In addition, chlorine was added in a new area of the plant, which caused chaos in the system, but may have helped to affect the bacteria growth.
Mr. Levesque noted he is spending a lot of money to dispose of sludge, but is trying a new process with the beltpress flow, as that has been an issue. He is expecting a final Statement of Qualifications from a third firm interested in the study project of the plant system. Repair budgets are up due to the age of the system. He noted a few new line items: heat for the roll off room is budgeted at $1,500 and PH Adjustment at $7,140; both items to help improve the current system. Not all funds may be used, but he is basing these projected costs on what is currently happening. One possible idea is to pre-treat the filament issue in the septage tank before it gets to the plant.
Mr. Levesque noted the town is below the State’s average in user fee payments for a waste water treatment plant. Mr. Johnston asked about the age of the current plant. Mr. Levesque said it has already gone beyond the expected 20 years, and is now at the 30-year mark. The study planned for next year will help to answer when and if a new system and/or parts will be necessary. The Board discussed the funding options for these potential upgrades.
Human Services – Cynthia Marsland
Cynthia Marsland presented a proposed FY2005 budget of $55,000 for the Human Service line item, noting the 10% increase is considered necessary to meet growing demands for rent and prescription medicine assistance for those in need. Ms. Marsland explained the State sets the criteria for those who use these services, and the town has guidelines for this process. She is trying to help more people obtain state-assistance that may be of more benefit, but the town is required to provide this assistance, in all cases.
Thea Braiterman asked how many people these programs serve; Ms. Marsland said there are about 20 active participants who regularly need help; most are for rent and electricity and come and go as they need assistance. Ms. Marsland noted the frustration that comes from trying to help people on a limited basis. Peter Flynn noted the excellent work Ms. Marsland has done in providing assistance every week, and establishing a better paper history for this work.
Community Concerts – Angela Robinson
Angela Robinson presented a proposed FY2005 budget of $7,000 for the Community Concerts line item, noting the 2.2% increase is to help with the costs of providing 12 concerts every year. She is going to change the bands this next year to help ease this financial pinch. There will be a December 19th Holiday Concert, and the summer season is between May 31 and August 16, 2005. The Board discussed increased advertising for the concerts with possible signage in town and postings at the library and college. They advised the next step would be to reduce the number of concerts, in order to keep the budget within a reasonable level.
Community Services – Peter Flynn
Mr. Flynn presented a proposed FY2005 budget of $50,873 for the Community Services line item, level funded from last year. Mr. Johnston asked about the $40,000 for the White Birch Center, and Dottie Kelsey explained how these funds support the Senior Adults programs, Red Cross swimming instruction for children in the summer, distributing the Outlook newsletter for the town, and Dial-A-Ride. Ms. Braiterman said the Tufts Strong Living Program for Seniors is excellent, as she is a participant. Mr. Pimentel thanked Ms. Kelsey for her hard work and making the White Birch Center a tremendous asset for town residents.
Solid Waste – Bob Pennock
Bob Pennock presented a proposed FY2005 budget of $537,208 for the Solid Waste Department, noting the 5.9% increase is due to an increase in tipping fees and a number of other small changes. He noted the part-time budget is drastically reduced because it has been difficult to find workers for these positions. The vehicles for the department are all getting older and in need of more repair and maintenance. The Board discussed the upcoming public hearing on charging commercial haulers for trash delivered to the Transfer Station, thereby reimbursing the town almost $53,000 in tipping fee costs. The Board requested a review of the procedure that determines how the town charges the Town of Warner for servicing several of its residents. Peter Flynn agreed to follow-up on this issue.
Parks & Properties – Bob Pennock
Mr. Pennock presented a proposed FY2005 budget of $45,009 for the Parks & Properties Department, level funded from last year. There has been some movement of funds between line items, but the amount spent will remain the same. The Board noted town properties have been looking very good, and thanked him for this work.
Executive/Health – Peter Flynn
Mr. Flynn presented a proposed FY2005 budget of $20,083 for the Executive/Health line item, noting the 19.17% increase is largely due to the planning of two new members of the Board of Selectmen to be elected at Town Meeting; otherwise, this department is level funded. He noted the Board has one of the lowest salaries in the surrounding towns region.
Elections – Peter Flynn
Mr. Flynn presented a proposed FY2005 budget of $6,250 for the Elections line item, noting that $500 can be removed from this budget because there will be fewer elections to handle this year. Mr. Flynn confirmed the town is in compliance with the State Attorney General’s office; the issues raised were later found to be in error by that office.
Old Business
Item #2: Review and Accept Minutes of November 2, 2004
MOTION by Rod Pimentel to approve the draft minutes of November 2, 2004, as amended. Seconded by Cordell Johnston and unanimously approved 3-0.
New Business
Item #3: Discussion Concerning Raising Funds for Legal Fees to Assist in Hopkinton Litigation Against Bio-Energy
Rod Pimentel reiterated his support to send money to the Town of Hopkinton to show support for their efforts to prevent Bio-Energy from burning contaminated wood; they have spent $50,000 so far. Mr. Flynn noted he had checked with the town’s legal counsel, who had confirmed that based on RSA 31:4, it is a legal procedure to help another town as long as the issue affects us. Thea Braiterman expressed her support for the idea. Cordell Johnston expressed concern about it, as he is not sure the Board represents the town’s thoughts. The Board discussed sending money from 2004 funds, with an additional request at Town Meeting to appropriate funds in FY2005. Mr. Flynn confirmed there is about $6-7,000 left in the legal fees budget that could be sent. Stephanie Lavallee expressed her thought that this money should be a significant amount because it affects the children of the town. Tom Watman said he would prefer the Town of Henniker use this money on the town’s behalf; this way the Board remains in control of how this money is used, which is not the case if given to the Town of Hopkinton; leadership on this issue is important. Mr. Johnston reiterated that an amicus brief is not yet in order, and once it is, it may not be cost-effective for the Town of Henniker to file one, since the NH Municipal Association will be filing one for all towns. After a lengthy discussion, the Board agreed to discuss this case with the Hopkinton Board of Selectmen to understand their plan, as well as consider filing an amicus brief with their help; any funds for Hopkinton would be requested at the 2005 town meeting. Mr. Flynn said he would look at scheduling a meeting on December 7 with the Hopkinton Selectmen.
Item #4: Budget Expenditures Review FY2004 – Peter Flynn
Mr. Flynn noted the budget is in good shape, with all departments adhering to spending plans. Mr. Johnston asked about the process for handling surpluses in a budget, and Mr. Flynn explained the “fund balance” and using these funds to level out the tax rate for the following year. The Board discussed the philosophy of allowing department heads to have enough funds to do what is necessary, so there is no “hoarding” for unplanned events.
Item #5: Town Administrator’s Report
Peter Flynn noted the pre-construction activity of removing trees and poles to begin the Old Concord Road Sidewalk Project. The town assessor, George Hildrum, will begin appraising the properties being addressed by the Paper Mill Restoration Committee. The public hearing on the Space Options Committee’s ideas was good and it is clear people favor new construction or renovating the Town Hall. There is little interest in the Autodesk property, as most see this as the wrong location and needing renovation, as well. A meeting on Saturday, December 4, has been scheduled with the Historic Commission to discuss proposed renovation plans of the town hall.
The Revaluation project has started with visits to residential places; contact is by a visit, and then followed with a phone call. The Pay As You Throw issue was discussed last week. The CIP Committee will be meeting Thursday, November 18th, 2004 at 6:30PM to work on final numbers for its plan. Ken Levesque has started the RFQ process for establishing a Waste Water study of the town’s system. There will be a public hearing on December 7, 2004 on the proposal to charge a fee for commercial haulers.
Item #6: Selectmen’s Reports
The Board had a lengthy discussion on the Warrant by Petition submitted by the Historic District Commission. Ms. Braiterman expressed her strong concern that the Board must research and find out how to ensure the Town of Henniker retains its authority to determine where and how its offices will be located. Mr. Pimentel agreed with this concern and requested the legality of the 1975 and 1976 town meeting decisions be researched. Mr. Flynn agreed to research the idea of submitting a Warrant Article by Petition from the Board to rescind any authority the Historic District Commission may have to veto a decision by the Town of Henniker.
Item #7: Non-Public Session per RSA91:A related to land issues
MOTION by Rod Pimentel to enter into non-public session per RSA 91-A related to land issues. Seconded by Thea Braiterman and unanimously approved 3-0.
(The Board entered non-public session at 8:35 PM. The minutes for non-public session are separate.)
MOTION by Rod Pimentel to re-enter Public Session per RSA 91-A 8:45 PM. Seconded by Cordell Johnston and unanimously approved 3-0. Mr. Johnston to seal the minutes. Seconded by Rod Pimentel and unanimously approved 3-0.
Item #8: Permits for Signature
Sign Permit: John Stark Regional High School
Refund: Charles Benson Eggers, II $19.00 vehicle registration error
A motion to adjourn was made 8:50 PM.
Sincerely,
Amy Jowers
APPROVED
BOARD OF SELECTMEN
TOWN OFFICES
Present: Rod Pimentel, Cordell Johnston, Peter Flynn, Tim Russell, Walter Crane, Tom French, Keith Gilbert, Steve Burritt, David Hayden, Ronald and Stephany Lavallee, Tom Watman, Bob Pennock
The Pledge of Allegiance was recited at 6:15 P.M.
Public Forum
(No one present.)
Appointments – Budget Reviews
Item #1: Budget Overview – Peter Flynn
Legal Fees – Peter Flynn
Mr. Flynn presented a proposed FY2005 budget of $25,000 for the Legal Fees line item, noting the $10,000 increase is due to anticipated costs for legal research, potential renewal of the cable contract, and a possible litigation case. The Board discussed the litigation case, noting that insurance does not usually cover these expenses; the Planning Board budget includes $5,000 for it, but it could end up costing more than $15,000.
Code Enforcement – Peter Flynn
Mr. Flynn presented a proposed FY2005 budget of $20,473 for the Code Enforcement line item, noting the $1,500 decrease is due to lower costs associated with the position of Town Forester.
Municipal Dues – Peter Flynn
Mr. Flynn presented a proposed FY2005 budget of $2,800 for the Municipal Dues line item, noting the slight increase is due to the anticipation of increased membership dues for the NH Municipal Association. This budget will be adjusted once the town receives the actual bill.
Insurance – Peter Flynn
Mr. Flynn presented a proposed FY2005 budget of $77,000 for the General Insurance line item, noting the 4.1% increase is due to workers compensation, unemployment, and the normal coverage of deductibles. This year was unusual in expenses because of several accidents.
Mr. Flynn presented a proposed FY2005 budget of $2,500 for the Tax Maps line item, level funded from last year. Ging Blanchard continues to provide regular updates to the maps, a service that is necessary for the town.
Debt Service – Peter Flynn
Mr. Flynn presented a proposed FY2005 budget of $128,922 for the Debt Service line item, noting the 20.4% decrease is due to the town’s consistent commitment to paying off debt. The Board reviewed the chart detailing the scheduled payoffs of the town’s long-term commitments.
Town Offices – Peter Flynn
Mr. Flynn presented a proposed FY2005 budget of $433,646 for the Town Offices department, noting the 8.1% increase is due to annual salary increases and insurance costs. Due to new labor laws, the finance position has been changed from non-exempt to exempt salary status, and therefore, overtime pay will no longer apply; in addition, several expenses associated with this position will be rolled into this exempt salary. Also, a new accounting process called GASB 34 requires a complete review of all town assets, as that value must be included in future audits; in effect, it will treat the town as a business. Mr. Flynn noted the utility budgets rose with the addition of operating new town buildings.
Ron Lavallee asked about the annual court lease of $17,008; the Board confirmed this lease will expire July 1, 2005. The Board noted that the fund for lien research is budgeted as an expense, but will be reimbursed by the requesters.
Police Department – Chief Tim Russell
Tim Russell presented a proposed FY2005 budget of $881,258 for the Police Department, noting the 2.97% increase is mainly due to insurance costs but also includes raising part-time hourly pay to $14.50 to remain competitive with surrounding towns. He noted the fuel budget may have to change by the time of budget committee meetings, based on current prices. It is necessary to purchase a base station for the digital radio system, although the State has paid for the radios. He confirmed funds requested for construction would be requested through a capital reserve process.
Mr. Johnston asked about the decrease in fulltime wages; Mr. Russell responded that long-time personnel left and were replaced by newly hired individuals. The Board discussed the schedule for purchasing cruisers; Mr. Russell noted it might be possible to skip the purchase of a cruiser in 2006, as the department had to unexpectedly replace one this year.
Animal Control – Walter Crane
Walter Crane presented a proposed FY2005 budget of $25,895 for the Animal Control budget, noting the 2.7% increase is due to an average salary increase and mileage costs. The Committee thanked Mr. Crane for continuing his work.
Tom French presented a proposed FY2005 budget of $383,118 for the Combined Fire/Rescue budget, noting the 6.18% increase is due to insurance costs, equipment purchases, and the coverage of dispatch fees. The Board discussed the increase in dispatch fees, due to major capital improvements to the Kearsarge Tower for better reception and the hiring of two additional dispatchers to cover calls. The town is a member of the Capital Area Mutual Aid association of 18 towns that share this dispatching system. Mr. French noted that overtime hours have been shifted more to the part-time budget.
Mr. French discussed expenses solely for the Rescue Department, noting there may be a $5,000 surplus due to fewer call volume, however, with the payout only in December, this is unknown until then. He noted the significant donations from Boundtree to help keep rescue costs low. He noted equipment purchase requests for a defibrillator for the new fire truck and digital mobile radios. The Board discussed the condition of the ambulances, noting the freightliner had needed little repair this year, and will become the backup once the Ford 450 is purchased.
Keith Gilbert discussed the proposed budget for the Fire Department, noting the increase in personnel to 40 that will require training, licensing and eight sets of gear, and the equipment purchase of a transmission flushing machine to share with the highway and transfer station departments. He noted he is working with the police department to bill for alcohol-related incidents, based on state law. Rod Pimentel asked about billing for insurance coverage for fire incidents, but Mr. Gilbert said that is not a normal practice and may cause more problems than it is worth. The Board discussed how budgets are established, and how department-generated revenues are returned to the general fund, rather than to an individual department.
Steve Burritt presented a proposed FY2005 budget of $2,150 for the Patriotic Purposes line item, level funded from last year; he does not expect any significant change to this budget. The Board thanked him for this work.
Item #2: Bob Pennock – Transfer Station Updates
Bob Pennock presented the year-to-date cost the town has paid to deliver trash for contract haulers: haulers delivered 1,431 tons of trash to the Transfer Station, which paid $37.15/ton to deliver to the tipping station, at a cost of $53,107 in fees. The end of the year cost is expected to be around $61,700. This is a cost the town should bill to the haulers. The Board discussed the need for a fee structure; it was noted that almost all other towns charge haulers.
Rod Pimentel noted a public hearing needs to be held on this proposed change, and if possible, early enough so this change can take effect January 1, 2005. The Board agreed to try to schedule the public hearing the week after Thanksgiving.
The Board further discussed the need to police dumpsters in town. Mr. Pennock noted he has asked residents to break apart hideaway beds, in order to recycle the metal and reduce the weight of trash. The Board agreed this was a good idea.
Mr. Pennock expressed his ongoing concern that the 60/40 agreement with the town of Hopkinton to pay for joint trash delivery is not being fairly handled because of the Waste Management, Inc. company. The Board agreed this split agreement did not sound fair to the town, and agreed with his decision to end it, as soon as possible.
MOTION by Rod Pimentel to inform the Waste Management, Inc. company to stop combining State Highway trash in the load that goes to Wheelabrator for the Town of Henniker, and to inform the Town of Hopkinton that the 60/40 pay delivery agreement is ended. Seconded by Cordell Johnston and unanimously approved 2-0.
Peter Flynn noted he would send a letter to the Waste Management, Inc. Company with this decision.
Mr. Pennock referred the Board to the $6-8,000 proposal submitted by Morgan Environmental Solutions, LLC to evaluate the pay-as-you-throw system and/or a mandatory recycling ordinance. The Board agreed the quote seemed reasonable and should be included in the Transfer Station budget.
Old Business
Item #3: Review and Accept Minutes of October 19, 2004
MOTION by Rod Pimentel to approve the draft minutes of October 19, 2005, as amended. Seconded by Cordell Johnston and unanimously approved 2-0.
Item #4: Sign Donation for Community Park and Center – Review Designs
The Board reviewed the proposed layout of three signs for the Henniker Community & Henniker Park; Crescent Street; and the Henniker Municipal Lot. Eagle Scout Candidate Johnson has committed to finishing this project by spring of 2005. Mr. Flynn noted the granite posts for these signs will come from Swenson Granite and paid by the town.
MOTION by Rod Pimentel to accept the Eagle Scout Candidate Johnston proposed signage of three signs for the Town of Henniker. Seconded by Cordell Johnston and unanimously approved 2-0.
New Business
Item #5: Cogswell Water Update
Mr. Flynn noted the town’s notification process to residents during the contamination alert regarding the water system had gone very well, with few complaints. This issue has now been resolved.
Mr. Flynn noted the most recent resignation of a Planning Board member, and the Board agreed it was better to fill that position, and then decide on the alternate to the Board.
The Board agreed this item did not require further discussion.
Item #8: Town Administrator’s Report
Peter Flynn noted the successful pre-construction meeting regarding the Old Concord Road Sidewalk Project held on October 28th, 2004. The project will begin in one week, earlier than expected. The Paper Mill Restoration Committee met last week. Cordell Johnston updated the Board on the issues discussed, noting surveys and appraisals will be requested to ensure the value of the Eastern Parcel and the Main Parcel. Further research is needed for both parcels; the Committee developed a list of action items to pursue.
Mr. Flynn noted there is nothing new on the Ramsdell Road Bridge Project. The Space Options Committee will hold a public hearing this Thursday, November 4, 2004 at 7:00PM to request input from residents on various proposals.
The Revaluation project has started, with visits to residential places. The Pay As You Throw issue has already been discussed this evening. The CIP Committee is meeting Thursday, November 18th, 2004 at 6:30PM to continue work on its report. The Firing Range ordinance is being examined by town counsel. Ken Levesque has started the RFQ process for establishing a Waste Water study of the town’s system.
Mr. Flynn requested the Board’s approval of four nominations to the Athletic Committee.
MOTION by Rod Pimentel to appoint Ryan Winn, Jason Fellows, Stacie McAllister, and Stephanie Lovering to the Henniker Athletic Committee. Seconded by Cordell Johnston and unanimously approved 2-0.
Item #9: Selectmen’s Reports
Mr. Johnston noted the forms approving poll licenses and asked if the town is aware that a new ruling may allow towns to assess taxes on utilities using right of way. Mr. Flynn agreed to follow-up on this possible revenue for the town.
Mr. Pimentel noted an article in today’s paper referring to the legal expenses of the town of Hopkinton regarding their legal case against Bio-Energy. Mr. Flynn agreed to place this issue on the Board’s next agenda.
Mr. Johnston asked about the status of the Town Meeting Committee and requested a meeting be set soon. Mr. Flynn agreed to follow-up on this request.
Mr. Flynn noted town offices will be closed on Thursday, as town employees will be attending the NH Municipal Association conference.
Item #10: Permits for Signature
Intent to Cut: Remillard, Map 1, Lot 1 & 2
Aucoin Farms, Map 1, Lot 631
KSA, Map 1, Lot 576
Sign Permit: Henniker Rotary Club
Item #11: Abatements/Other Signatures
Appointment: Athletic Committee Members:
Stephanie Lovering
Stacie McAllister
Jason Fellows
Ryan Winn
Pole License Petitions: PSNH
Abatement: Sewer Commissioners: Tamara Curran, $172.83
Jean Lewis, $28.80
A motion to adjourn was made at 8:20PM.
Sincerely,
Amy Jowers
Clerk to the Selectmen
Approved
October 19, 2004
TOWN OFFICES
Present: Rod Pimentel, Thea Braiterman, Cordell Johnston, Russ Roy, Ken Levesque, Tom French, Bob Pennock, Jeremy Soulliere, Ron Lavallee, Tom Watman, Lia Houk
The Pledge of Allegiance was recited at 6:15 P.M.
Public Forum
Ken Levesque, Superintendent of the Solid Wastewater Treatment Plant, requested the Board’s approval to establish a study of the Plant’s system, in order to find out the capacity of the aeration system of the biological section and if an upgrade is needed to resolve the ongoing filament problem. The system needs more dissolved oxygen in the water, yet the aerators are working at full capacity and turbidity has increased. The State has an Aid Grant that will reimburse the town 20% of study costs and up to 20% of capital expenses for whatever solution is chosen. His cost estimate for the study is $20-25,000, plus whatever steps the study recommends and the town approves. The study will involve lab work, tests to the current aeration system and the biochemical oxygen demands, evaluation of the hydraulic surges, and additional testing identification of the filament, which is known as 0581, a rare filament that has been little researched and studied. The State and the country’s expert on this filament, Dr. Michael Richards, have been advising the town up to this point. The town has been taking their advice and doing all it can for now. In addition, this is a 30-year old system that has had no major upgrades; there is new technology that can improve the town’s system.
The Board discussed the option of continuing current efforts, which offers no guarantee that the problem will be resolved or that the system itself will not fail in a worse way. Mr. Levesque said he knew of no other option than to do a study, the length of it to be 6 to 10 weeks once started, plus whatever steps are recommended. Mr. Levesque noted he is currently paying 17 cents a gallon to dump liquefied sludge because the belt press is also not working. Also, the Plant’s capital reserve fund has the $20-25,000 for the study.
MOTION by Thea Braiterman to approve the necessary resources to conduct a study of the Solid Wastewater Treatment Plant under the supervision of the Department Superintendent. Seconded by Cordell Johnston and unanimously approved 3-0.
Mr. Levesque said he will begin the paperwork for this project and continue to keep the Board updated on its progress.
Appointments
Item #1: Tom French: From HTA Engineering Firm
Update on Bids received and recommendations to award construction for Phase I (subject to State DOT Approval)
Tom French reported to the Board the final bid tabulation of five submitted bids for the Old Concord Road Sidewalk Project. The Permadrive Paving Company is being recommended for the award, as its bid was the lowest and at the estimated cost of the project, $323,000. This recommendation was submitted to the State, which has approved this award process and has notified the town to proceed with the award decision. He introduced the President of PPC, Eugene Shannon.
MOTION by Rod Pimentel to accept the recommendation to give the Notice of Award to Permadrive Paving Company for the Old Concord Road Sidewalk Project in the amount of $323,684.50. Seconded by Cordell Johnston and unanimously approved 3-0.
Mr. French said he will follow-up with this paperwork and keep the Board informed of the progress. A pre-construction meeting has been scheduled for October 28th in order to begin scheduling the project. Mr. Shannon asked about the job award for paving the road, once the project has been completed; this will also determine the schedule. Mr. French noted this portion of the job was estimated at a cost of $265,000, and PPC had proposed $185,000, as long as the second portion of the job was also theirs. Rod Pimentel said this was initially thought to be a town project, but it will be discussed at the Board’s next meeting, along with the Town’s Highway Agent, John Margeson.
Old Business
Item #2: Follow-up on Recycling Committee issues
The Board discussed with Lia Houk, Chair of the Recycling Committee, and Bob Pennock, Superintendent of the Transfer Station, the project to develop a Solid Waste plan based on information gathered on the costs of continuing the current recycling plan, implementing a Pay-As-You-Throw plan, or implementing a mandatory recycling plan. The Board requested Mr. Pennock lead this project, with the assistance of the Recycling Committee, as well as the option to hire an outside consultant, if necessary, to gather this information.
Mr. Pennock asked about funding for this project and its timing. Rod Pimentel said funds will be in the 2005 budget, with the request that this be a priority project for his department in order to have a prepared proposal for Town Meeting in 2006. Thea Braiterman suggested a citizen’s committee to help Mr. Pennock with this work. There was discussion regarding using members of the Recycling Committee as part of the citizen’s committee. Mr. Pennock noted that the costs of charging commercial carriers will be in the 2005 budget. He also asked to begin this project without a committee, until he knows one is needed. He can work well with several of the members of the Recycling Committee and would prefer that arrangement for now. The Board agreed.
Rod Pimentel requested a budget proposal from Mr. Pennock for this project that will lay out the costs of these three plan options. There was discussion on the level of detail needed in this proposal; however, the Board recommended the project begin with cost projections.
New Business
Item #3: Announcement of Police Chief’s Recommendation regarding Halloween Trick or Treat Hours
MOTION by Cordell Johnston to accept the Police Chief’s recommendation to set Trick or Treat Hours from 5:00PM to 7:00PM on October 31, 2004. Seconded by Rod Pimentel and unanimously approved 3-0.
Russ Roy noted these hours will be posted on the town’s website.
Item #4: Appointment to Community Center Committee
MOTION by Thea Braiterman to accept the recommendation to nominate Charles (Charlie) Nelson to the Henniker Community Center Committee. Seconded by Cordell Johnston and unanimously approved 3-0.
Item #5: Donation of Granite Bench in Community Park
MOTION by Cordell Johnston to accept the memorial granite bench in memory of Diamond Maxwell to be placed in the Henniker Community Park. Seconded by Rod Pimentel.
Thea Braiterman noted her interest in ensuring this Park does not become a place for memorializing loved ones.
The Board unanimously voted to approve 3-0.
Item #6: Selectman Johnston: Update on CIP Committee and Proposed Joint Meeting with Selectmen on October 26, 2004
Cordell Johnston updated the Board on the work of the Capital Improvements Committee and its request to meet with the Board to discuss how to work effectively with them. Russ Roy noted that the Committee is hoping the Board will have most 2005 budget figures within the next two weeks, so will be able to give direction to the Committee on tax projection and how much funding is available for capital expenditures. The Board agreed to meet with the CIP Committee on October 28th, at 6:30 PM.
Item #7: Waiver Request for Re-Application Fee for Planning Board
Cordell Johnston explained the request to waive a second subdivision application fee for the Connor Subdivision project, based on the Planning Board’s recommendation to not require this fee be paid twice; the initial plan was only denied based on an incorrect measurement for road frontage.
MOTION by Cordell Johnston to approve the waiver request for the second payment of the Planning Board re-application fee for the Connor Subdivision plan. Seconded by Thea Braiterman and unanimously approved 3-0.
At this time, Thea Braiterman left the meeting.
Item #8: Selectmen’s Reports
Cordell Johnston asked about resident complaints regarding treatment by Henniker police officers. Rod Pimentel said he has spoken with Peter Flynn, to discuss with the Police Chief and remind him of the need to have all police officers be trained in respectful treatment of residents. Rod Pimentel asked Russ Roy to have Peter Flynn follow-up on this issue.
Cordell Johnston asked about the status of a committee to look at the town meeting process. Rod Pimentel said advertisements requesting members only received interest from two people. The Board agreed to move ahead with this small group to discuss options for town meeting days and times. Cordell Johnston said one idea would be to put a warrant article on the town meeting agenda suggesting the town vote on whether to hold it on a Saturday.
Rod Pimentel asked about having the Town of Henniker submit an amicus brief in support of the Town of Hopkinton’s case against Bio-Energy. Cordell Johnston advised that, as the lawyer for the NH Municipal Association (NHMA), the case had currently been withdrawn, but would return to the State Supreme Court. At that time, NHMA would submit an amicus brief on this case. It would not be necessary for the Town of Henniker to do one. After some discussion, the Board agreed to wait on this issue.
Rod Pimentel requested the Board consider offering monetary support to the Town of Hopkinton for its legal fees regarding this case.
Item #9: Review and Accept Minutes of October 5, 2004
MOTION by Rod Pimentel to approve the draft minutes of October 5, 2005, as amended. Seconded by Cordell Johnston and unanimously approved 2-0.
Item #10: Permits for Signature
(No permits reported.)
Item #11: Abatements/Other Signatures
(No abatements/other signatures reported.)
A motion to adjourn was made at 7:35PM.
Sincerely,
Amy Jowers
Clerk to the Selectmen
APPROVED
BOARD OF SELECTMEN
TOWN OFFICES
Present: Rod Pimentel, Thea Braiterman, Peter Flynn, Ken Erikson, Ron and Stephany Lavallee, Tom Watman, Jeremy Soulliere, Lia Houk, John Margeson, Kathleen LaFaro
The Pledge of Allegiance was recited at 6:15 P.M.
Public Forum
No one present.
Appointments
Item #1: 6:20PM: Paper Mill Committee – Continued Discussion re: Paper Mill Site
Ken Erikson, Chairman of the Paper Mill Restoration Committee, updated the Board on the recent actions taken by the Committee. He reviewed his letter to the Board addressing the Board’s suggestion to research the option of building a structure on top of the old paper mill concrete structure. At the advice of Gomez & Sullivan, the engineering firm hired by the town to look into renovation options for this site, this option would require additional and substantial engineering research that maynot necessarily result in the site being usable. The Committee reached a consensus that this was not a good option to pursue, and it requested the Board to approve this decision.
The Board agreed the information provided was convincing enough for them to agree that this would not be a good option to pursue.
Mr. Erikson further informed the Board that the Committee unanimously voted on a motion stating there was no interest in the property on Bacon Road and Lot 359C in its work addressing the renovation of the paper mill site; either property could be sold by the town, if desired.
Mr. Erikson noted the Committee would be developing a comprehensive plan to present to the Board so that a decision on the renovation of the Paper Mill site could be made with all information and options known beforehand. The Board thanked him for this update.
Old Business
Item #2: Follow-up on Recycling Committee Issues
Lia Houk updated the Board on the work addressing a comprehensive solid waste plan. After several lengthy and informative meetings with Bob Pennock, the Chief of the Transfer Station, and the Northeast Resource Recovery Association, of which the town is a member, the best option for the town seems to be researching a Pay As You Throw plan or a mandatory recycling plan. Mr. Pennock said the Transfer Station does not have enough space or staff to expand the recycling methods, but there is room to increase the volume of recyclable goods. Ms. Houk stated the Recycling Committee could assist with this project, but it does not have the authority or the resources to lead it. The Recycling Committee could help in the education of the town, which is particularly important with a PAYT program.
Rod Pimentel noted that his ongoing work with the Recycling Committee over the years has agreed with the conclusion that PAYT may be the best option for the town if it wants to increase recycling. The Transfer Station is the best resource for gathering the data for such a project, as this is where the goods are gathered and its cost is known. If outside help is needed, Mr. Pennock can request this from the Board of Selectmen.
Thea Braiterman expressed concern about this not being a priority for the Transfer Station, as there is already a large responsibility on this department. She suggested a citizen’s advocacy group to help keep the idea moving ahead. Ms. Houk added that the relations between different camps in town may be helped by the lead of this project being the Transfer Station with the work of an outside consultant. The Board agreed to table this idea until further discussions and ideas can be developed to ensure the success of this project. Peter Flynn agreed to put this on the next agenda for further discussion, including the idea of charging commercial haulers.
Item #3: Review Draft Minutes for September 21, 2004
MOTION by Thea Braiterman to approve the draft minutes of September 21, 2004, as amended. Seconded by Rod Pimentel and unanimously approved 2-0.
Item #4: Morse Drainage Issue
Peter Flynn and John Margeson reviewed the actions taken to address the drainage problem on the Morse property on Western Avenue. At the Board’s request, Hoyle Tanner & Associates performed a review of the project and estimated that an engineering study examining options to resolve this issue would cost around $10,000, to then be followed by the construction of the solution. Mr. Flynn noted this was more expensive than originally thought. Mr. Margeson presented a brief overview of this issue, noting this drainage system has existed for years and problems only developed after the land owners built a building over the drainage pipe. The NH Municipal Association has information explaining town rights and landowner’s rights, and towns are not liable for such issues when they arise. The Town has not changed anything with this system, so it is his opinion that the town is not liable for fixing it. There is a concern of setting a precedent here, as other residents have had similar problems in the past and they have been told it is their problem to fix. The logical option is to reroute the drainage pipe on this property underneath the driveway, but the owners have already indicated they do not want to take this action.
The Board discussed the issue, noting the cost of construction and the cost of engineering for other options. Thea Braiterman proposed making an offer to the owners to move the drain, possibly sharing the cost of this work, in exchange not to do an engineering study that would examine other options. Mr. Margeson noted the most expensive part of this option would be the repairing of their driveway; at a cost of about $7,000-$10,000. The Board agreed to request legal advise on their options and to table the project until further information is gathered.
Public Forum (continued)
Kathleen LoFaro thanked the Board for supporting the Public Forum allowing REACH to educate the residents on the concerns about the work of BioEnergy and Petrofiber. It would also not have been as successful without the help of Peter Flynn and the various media articles explaining the issues.
New Business
Item #5: Budget Expenditures Review FY2004 – Peter Flynn
Peter Flynn reported to the Board that all departments were currently within budget. The tax rate for the 2004 year would be at or below the board’s estimate.
Item #6: Town Administrator’s Report
Peter Flynn noted that six firms have purchased the bid for the Old Concord Road Sidewalk Project, with three attending a meeting explaining it. Final proposals are due at the end of this week, and so the Board may be opening and examining bids in the near future.
The Paper Mill Restoration Committee project has already been addressed this evening, and there is nothing new on the Ramsdell Road Bridge Project.
The Space Options Committee will meet on October 21st, 2004 to discuss two proposals and its final recommendation to the Board. The Revaluation of town properties continues with the administrative work. The Recycling Master Plan has already been discussed this evening.
Peter Flynn noted the CIP committee met last week and had a first look at the departments’ capital expenditure requests. It will meet again on October 14th, 2004 to continue its work, but have also requested a meeting with the Board to discuss assisting the town’s budget process. Rod Pimentel noted that Cordell Johnston will be the Ex-Officio Selectman attending CIP meetings. A dialogue with the Committee will be good, but he noted that any final decisions on budget items will be at the end of the budget process.
Item #7: Selectmen’s Report
Thea Braiterman said several people had commented on the improved sight that drivers have at the town’s intersection with the changed location of the stop sign. She noted that a resident has requested a pedestrian sign at the location of Rush Square. Peter Flynn noted that he is aware of this request, but the State is responsible for this street and must approve this work. He has begun this process.
Peter Flynn noted that the water drainage at the town’s intersection has been fixed with a rerouting of the drainage pipe.
Item #8: Permits for Signature
Intent To Cut: D’Elia, Map 1 Lot 625A
Joyce, Map 1 Lot 645X
Timber Tax Levy: HHP $183.80
Pat’s Peak Ski Area $44.09
Sign Permit: Boy Scouts of Henniker
Building Permits Issued
Driveway Permits Issued
Item #9: Abatements/Other Signatures
Abatement: Mr. and Mrs. Bergendahl $47.90
Voter Forms
Notice of Lien: Richard Sweatt
Appointment: Ryan Gould, Ballot Clerk
A motion to adjourn was made at 7:05 PM.
Sincerely,
Amy Jowers
Clerk to the Selectmen
APPROVED
September 21, 2004
TOWN OFFICES
Present: Rod Pimentel, Thea Braiterman, Cordell Johnston, Peter Flynn, Peter Bergendahl, Ken Erikson, Cindy Marsland, Arthur Kendrick, Roger Gezelman, Bob Pennock, Ron and Stephany Lavallee, Tom Watman, Choua Prach
The Pledge of Allegiance was recited at 6:15 P.M.
Public Forum
Roger Gezelman expressed his opposition to the appointment of Cordell Johnston to fill the remaining Selectman term of Joe Damour. He did not believe he would be supportive of business in town. He also asked about the status of the Old Concord Road Sidewalk project. Rod Pimentel said it went out for bid this week; its start was delayed by the permitting process. Mr. Gezelman asked if the town’s wastewater system was supported by its fees, mentioning a press article stating the town had approved funds for repair. Mr. Pimentel clarified that these funds came from the Waste Water Department’s trust fund, funded solely by the system’s fees. Thea Braiterman noted that the appointment of Mr. Johnston was by the correct procedure and legal process. She believed he would be fair and legally correct, as he has been in the past serving the town. A lot of thought had gone into this appointment.
Ron Lavallee asked about the drainage pipe at the town’s intersection by the pharmacy. Peter Flynn informed the Board that the town is working on rerouting it. The Board noted this newly designed stop area was created by the State, and there has been improvement to the vision of traffic from that spot, although it is still not perfect.
Bob Pennock requested the Board’s approval to close the swap shop at 4:30PM in order to be able to close the Transfer Station on time at 5:00PM.
MOTION by Thea Braiterman to approve the closing of the swap shop at the Transfer Station at 4:30PM daily, effective Tuesday, October 5, 2004. Seconded by Cordell Johnston and unanimously approved 3-0.
Mr. Pennock requested the Board’s approval on making the road in the Transfer Station a public road with a name, in order to legally enforce laws, when needed. The Board agreed to take this under advisement, agreeing this could be a good idea, but only if processed legally and correctly. It may need a public hearing.
Mr. Pennock reported there is a slight contour to the land that the swap shop is to be built on, and so some work is needed to resolve that issue.
Appointments
Item #1: 6:20PM: Peter Bergendahl – Request for Refund
Peter Bergendahl requested the Board’s approval to refund $47.90 from his tax payment, as the town had received his payment late, but only because of an unexplained return of his check to his lawyers, due to a wrong address in town. He had immediately paid the bill when he discovered this problem, but did not believe he had received good service from the town tax department. The Board discussed the issue and agreed Mr. Bergendahl had acted in good faith.
MOTION by Cordell Johnston to approve an abatement of $47.90 in late interest fees for Mr. Bergendahl. Seconded by Thea Braiterman and unanimously approved 3-0.
Item #2: 6:30PM: Ken Erikson – Papermill Site Committee Chair – Seeking Decision on Gomez & Sullivan and Committee Recommendation
Ken Erikson, Chairman of the Committee, said he was here to answer any questions from the Board’s review of the Committee’s recommendation to spend $150,000-160,000 to renovate the old site for safety and aesthetic reasons. In response to questions about this recommendation, Mr. Erikson clarified that some safety liability will still remain with the site, the old stone wall will not be removed because it is cheaper to keep it, and that this is only one step in the process to ask the town to approve the action recommended by the Board of Selectmen.
Arthur Kendrick, a member of the Committee, presented an alternative plan, distributing a map showing the four outlined lots of the Papermill Site the town could sell, noting that the sale of this property could cover the costs of any work on this site and also put some of this land back onto the tax rolls to lower the burden of the taxpayer. There is a small area that could be used for a park area. His alternative also included a lot on Bacon Road that is part of the land taken for back taxes from the former owner of the Papermill.
The Board reviewed the information, asking questions about the sale of different parcels and reiterating that the town’s interest has to be the priority of any final decision. Rod Pimentel stressed the Board’s interest in finding out if the current structure could support another building on it, as this could make that site saleable rather than the town paying to renovate the site. He stated the Board’s interest in a final solution of the sale-ability of the main two pieces of Papermill property. He suggested the whitewater association may be interested in using part of the sluiceway for a way to enter and exit the river. Thea Braiterman expressed her strong interest in keeping open the alternative to having Henniker a town that attracts whitewater enthusiasts, possibly even for an annual festival.
Mr. Lavallee asked why the dam was removed. The Board clarified that the State had determined that this was a safety hazard and the town had to either remove the dam or agree to maintain it for a cost of thousands of dollars a year.
The Board agreed they were not ready to vote on this issue, and requested the Committee research other alternatives for the town in order to recommend a final plan that includes the possible sale of land to cover any work done on the Papermill site by the town. This could include subdividing property, and having a buyer lined up for purchasing one of the lots. The Board further agreed that the property on Bacon Road and Lot 359C would be addressed by the town.
At the consensus of the Board, Cordell Johnston agreed to serve as Ex-Officio Selectmen to the Papermill Restoration Committee.
Item #3: 6:35PM: Cindy Marsland – Review of Newly Updated Human Service Guidelines for Assistance to People in Need
Cindy Marsland presented a proposed revision to the Human Service Guidelines for the town. Peter Flynn explained these changes would modernize and streamline the town’s service to people in need. The Board discussed the changes and the need to update the guidelines to accurately reflect what the town is required by law to provide. Ms. Marsland agreed to retain the section concerning paying off tax arrears for landlord’s property when rental assistance is given to a tenant. She noted she would make the changes and return to the Board for final signatures. Mr. Lavallee asked about the federal cuts in these programs, and the Board noted that the law requires all towns to provide assistance to people in need; so local funding may have to increase. The Board thanked Ms. Marsland for her work on this project.
Old Business
Item #4: Old Concord Road Sidewalk Project Update – Peter Flynn
Peter Flynn reported that the bid for the Old Concord Road Sidewalk Project was advertised this week, with the plan that the project may begin this November and end in the spring with final roadwork. He noted that the funding from the State is confirmed.
Item #5: Review Draft Minutes for September 7, 2004 Public and Non-Public Session, and Non-Public of August 31, 2004
MOTION by Cordell Johnston to approve the draft minutes of the Public session of September 7, 2004, as amended. Seconded by Thea Braiterman and unanimously approved 3-0.
MOTION by Rod Pimentel to approve the draft minutes of the Non-Public session of September 7, 2004, as written. Seconded by Thea Braiterman and unanimously approved 2-0. Cordell Johnston abstained as he was not present at that time.
MOTION by Rod Pimentel to approve the draft minutes of the Non-Public session of August 31, 2004, as written. Seconded by Thea Braiterman and unanimously approved 2-0. Cordell Johnston abstained as he was not a Selectman at that time.
Item #6: Vote on Contoocook Paper Mill Committee Recommendation to Continue the Plan as Presented
This issue was tabled.
New Business
Item #7: Bond Release Policy Revision for New Subdivision Developments
Peter Flynn explained that the Planning Board and the Highway Department are recommending an early release of bond money for a current development project, as well as future projects. Because of updates to the engineering process, and the procedures of the Planning Board, it has become possible to ensure that the town is protected by a smaller amount of bond money than before. The appropriate amount to cover any possible final issues would still remain escrowed.
MOTION by Cordell Johnston to approve an early release of bond money to Hoyle, Tanner and Associates. Seconded by Thea Braiterman and unanimously approved 3-0.
Item #8: Town Administrator’s Report
Peter Flynn noted the Old Concord Road Sidewalk Project has already been discussed this evening, as has the Paper Mill Site Restoration Committee project. There will be no news on the Ramsdell Road Bridge Project for awhile.
The Space Options Committee will meet on October 14th, 2004 to discuss two final proposals and its final recommendation to the Board. The Revaluation of town properties continues with the administrative work. Lia Houk has met with town departments to discuss the transfer station master plan proposal.
Peter Flynn noted the CIP committee will meet on September 23rd, to continue its work on the department budgets for the town. The Firing Range Ordinance is being addressed with a temporary authorization form approved by the Board, but with a final recommendation to be made in the near future.
Item #9: Selectmen’s Reports
Cordell Johnston informed the Board that the Planning Board recently denied a subdivision application and the applicant responded with a legal threat. There is a 30-day window for any action to take place, but he is confident the Planning Board has solid legal ground for this decision.
Peter Flynn noted that the town has added one more resident from the Town of Warner to its snowplow and trash removal services. The billing to the Town of Warner will be prorated to cover this additional cost.
Peter Flynn noted that the Board has been invited by the Police Department to attend the 10th Annual Neighbor Police Patrol event at the Capital Centre for the Arts on October 12, 2004. He will prepare a detailed memo at a later date.
Cordell Johnston asked the Board to consider appointing an alternative Selectman representative to the Planning Board. The Board requested recommendations from the Planning Board on whether it is better to have a Selectman serve in this role, or a current alternate member of the Planning Board.
Item #10: Permits for Signature
Intent To Cut: Patenaude Properties, Map 1, Lot 95A-95A22
Building Permits Issued
Driveway Permits Issued
Item #11: Abatements/Other Signatures
Refund: Robert Hersey; Woodhill Village, Lot 1-305-E26
Contract with HTA: Professional Engineering Services Task 5
- Old Concord Road Sidewalk Project
Revised MS-1 Form
A motion to adjourn was made at 7:55 PM.
Sincerely,
Amy Jowers
Clerk to the Selectmen
BOARD OF SELECTMEN
TOWN OFFICES
Present: Rod Pimentel, Thea Braiterman, Cordell Johnston, Peter Flynn, Rob & Cheryl Morse, Lia Houk, Ken Levesque, Arthur Kendrick, Lloyd Henderson, Jon Evans, John Margeson, Bob Pennock, Tom Watman, Ken Erikson, Martha Sunderland, Jeremy Soulliere, Stephany Marchut Lavallee, Ron Lavallee, Joan O’Connor
The Pledge of Allegiance was recited at 6:15 P.M.
Rod Pimentel informed the audience that Cordell Johnston is the replacement Selectman for the remainder of the 2004 term of Joe Damour, who resigned this month.
MOTION by Rod Pimentel to appoint Cordell Johnston as the replacement Selectman for the remainder of the 2004 term of Joe Damour. Seconded by Thea Braiterman and unanimously approved 2-0.
MOTION by Thea Braiterman to appoint Rod Pimentel as Chairman of the Board of Selectmen. Seconded by Rod Pimentel and unanimously approved 2-0.
Cordell Johnston is sworn in as Selectman.
MOTION by Thea Braiterman to resign as Selectman Ex-Officio to the Planning Board. Seconded by Rod Pimentel and unanimously approved 3-0.
Cordell Johnston stated his decision to resign from the Planning Board as an elected member.
MOTION by Thea Braiterman to appoint Cordell Johnston as the Selectman Ex-Officio to the Planning Board, pending Mr. Johnston’s official resignation as an elected member of the Planning Board. Seconded by Rod Pimentel and approved 2-0, with one abstention by Mr. Johnston.
Public Forum
Bob Pennock presented a memo to the Board commending those who have donated materials to build a new swap shop at the Transfer Station. The Board requested these names be entered into the minutes: Merrimac Log Homes; Patenaude Lumber; Goss Lumber; Central Concrete; and Dave Labelle.
Mr. Pennock presented a signature form for using the Transfer Station for target practice: The
Town of Henniker Gravel Bank Target Practicing Rules: Shooting Hours will be noon to 5:00pm; all those present must have completed a state approved hunter safety course; no more than ten people present; gate must be secured; because of the probability of town equipment being on sight, there must be an employee of the Town Highway Department present who will be responsible for the actions of all people present. All parties must sign the sign up sheet before entering the pit for shooting purposes.
The Board agreed to have this written signature form be used temporarily until a town policy is developed on this issue.
Mr. Pennock requested the Board’s approval to withdraw funds from the Transfer Station Trust Fund to purchase a mid-mount zero turn mower vacuum and cart. This will gather leaves and debris, eliminating the need for one person on this job, and will cost $2,645.00.
MOTION by Rod Pimentel to authorize Mr. Pennock to withdraw up to $2,645.00 from the Transfer Station Trust Fund for the purchase of a mid-mount zero turn mower vacuum and cart. Seconded by Thea Braiterman and unanimously approved 3-0.
Thea Braiterman asked Mr. Pennock about the success of the Transfer Station sticker policy. Mr. Pennock stated that several violators have been turned away and more residents have purchased the stickers. He believes it has worked well. He has kept in touch with the police department, which plans to visit occasionally in order to help support this policy.
Jon Evans clarified that the signature form for the Transfer Station shooting use is for Monday through Sunday.
Appointments
Item #1: Ken Levesque – Waste Water Plant’s Request for Appropriation
Ken Levesque requested the Board’s approval to withdraw funds from the Waste Water Treatment Plant savings account to cover expenditures for several repair and maintenance projects. These projects include: sludge disposal, pH adjustment, repair and maintenance for aerator equipment, and heat and insulation of the storage area. Mr. Levesque explained that due to microorganisms that are preventing the necessary breakdown of bacteria in the treatment system and have affected the level of pH and oxygen in the system, the budget for the WWTP has been exceeded. It is vital to repair these problems, as the WWTP could face fines if the pH levels are not corrected. He noted that the sludge has been sent out for analysis to help address this issue in the future, should it arise again. In addition, one of two surface aerators needs repair, and the roll off for the sludge bay requires heat during the winter months to prevent ice from forming on it.
The Board reviewed the bids for heating and insulation and expressed interest in having a Henniker business be chosen, all things being equal. Mr. Levesque agreed to follow this request, as well as ensure that the cost and service are equal in the bids.
MOTION by Rod Pimentel to authorize Ken Levesque to withdraw from the Waste Water Treatment Plant savings Account up to $7,505 for the insulation of the storage area and the purchase of a resinor USAP heater or its equivalent. Seconded by Thea Braiterman and unanimously approved 3-0.
MOTION by Rod Pimentel to authorize Ken Levesque to withdraw up to $18,101 from the Waste Water Treatment Plant savings account to cover acidic problems and sludge disposal, and equipment repair, as needed. Seconded by Thea Braiterman and unanimously approved 3-0.
Mr. Levesque informed the Board that the EPA had awarded the WWTP an award in January, and at the national level competition, the Plant had placed second. The Board thanked him for his effort on this.
Item #2: Rob Morse – Concerns Re: Public Works Projects
Rob & Cheryl Morse requested a status report on the town’s efforts to resolve the drainage issue affecting their garage and lawn for over 18 months. Joe Damour and John Margeson had been working on this issue for several months but they have not heard anything since the spring.
The Board discussed the type and the length of pipe underground in this area. The Board requested the town contact Tom French to conduct an engineering study of this issue and work with Mr. Margeson to resolve this issue as soon as possible.
Item #3: Ken Erikson – Report on Engineering Recommendations for Paper Mill Site
Ken Erikson, Chairman of the Paper Mill Restoration Committee, presented the Committee’s recommendation to restore the Western Parcel of this site and remove the safety and liability issues for the town. The recommendation will retain the stonewall, and the rebarred concrete sides, allowing a trapezoidal channel to be created for any water flow during high water situations. It will also fill in the areas that could be dangerous if someone fell in or walked in and got trapped, and saves the bridge. The estimated cost to the town is $150,000 to $160,000. Of the 9 voting members of the Committee, 8 voted for this alternative and 1 voted for the alternative to keep the site as is.
Rod Pimentel reiterated his request to gather information on the sale-ability of these parcels, as he is aware of interest in their purchase. Mr. Erikson noted that the Eastern Parcel is a prime piece of property and could be sold. The Main Parcel, with the mill foundation, is more of an issue. There are narrow parts of land by the river that he is not sure would generate interest. Mr. Pimentel stated that this option should be an alternative for the town to consider.
Mr. Erikson stated that after the Board agrees on the direction of this engineering project, the Committee will need to meet with the Department of Historical Resources (DHR) to get their assistance in obtaining permits; possibly meet with town department heads to help reduce the cost of the project; prepare the final plans for the project; then, present at the Town Meeting in 2005 for final approval.
The Board requested time to read and study the recommendation of the Committee before making a decision. It was agreed to discuss further at its next meeting.
Item #4: Lia Houk – Presentation of Recycling Committee on Recommendations for Master Plan
Lia Houk requested the Board’s approval to establish a special Solid Waste Committee to prepare a Request for Proposal to hire a consultant to assist the town in establishing a 10-year plan to improve recycling and the ways the town eliminates waste products. The RFP would hopefully be ready for the 2005 Town Meeting. Her plan presented to the Board is based on the recommendations from the 2002 Town Master Plan.
The Board had a lengthy discussion regarding the current Recycling Committee’s ability to handle this project, without setting up a new committee. Ron Lavallee expressed his view that a new committee with a larger agenda beyond recycling could be more useful and productive to the town. Thea Braiterman stated her concern that this is a big project to ask current department heads to be involved and attend meetings. It would be more realistic to expect a plan by 2006. Rod Pimentel expressed his view that hiring a consultant to do most of this work, rather than a new committee, may be more cost effective and efficient.
(Further discussion on this issue was placed on hold due to a time restriction for the next issue.)
Item #5: Martha Sunderland – Presentation on Conservation Commission’s Recommendations for Intent to Cut Application Process
Martha Sunderland presented the Conservation Commission’s recommendations regarding the Intent to Cut Application Process to include language reminding residents that there are specific steps needed in order to make this request comply with state and town guidelines, including notification to the State if wetlands will be affected, and a map that shows where cuts will be made.
The Board expressed concern about those who may not want to have forcible oversight. After further discussion, the Board agreed to take this under advisement, as well as possibly attend a Conservation Commission meeting to discuss further with members. Ms. Sunderland agreed to gather more information and present it to the Board.
Item #4: Lia Houk – Presentation of Recycling Committee on Recommendations for Master Plan (continued)
The Board requested Ms. Houk meet further with Mr. Pennock and the Recycling Committee to clarify how this plan could be achieved, without establishing a new committee and without hiring a consultant. The issue will be tabled for further evaluation.
Old Business
Item #6: Review Draft Minutes for Public and Non-Public Sessions on August 31, 2004
MOTION by Rod Pimentel to approved the draft minutes of the Public Session of August 31, 2004, as amended. Seconded by Thea Braiterman and unanimously approved 2-0, with one abstention, as Cordell Johnston was not a Selectman at that time.
Mr. Flynn noted that the Non-Public portion of these minutes would be available for the next meeting.
New Business
Item #7: Resignation of Human Services Director
MOTION by Rod Pimentel to accept the resignation of Carol Hockmeyer as the Human Services Director, effective immediately. Seconded by Thea Braiterman and unanimously approved 3-0.
Item #8: Appointment Request for Interim Human Services Director
MOTION by Rod Pimentel to appoint Cindy Marsland as the Interim Human Services Director. Seconded by Cordell Johnston and unanimously approved 3-0.
Item #9: YTD – 2004 Expenditure Report
Peter Flynn noted that the state of the town budget is very good. In reviewing the tax rate and the current rate of spending for this year, the tax rate seems to be in line with what the Board estimated to the town at the 2004 Town Meeting. All spending is within projections.
Item #10: Town Administrator’s Report
Peter Flynn noted that Tom French has been able to make progress on the final plans for the Old Concord Road Sidewalk Project, as some approvals for work were received earlier than expected. The Paper Mill Site Restoration Committee’s recent work was discussed this evening. The Ramsdell Road Bridge project will be removed from this list for now, since no work is expected on it until 2005.
The Space Options Committee will be meeting in several weeks and has all the information for discussion. The Revaluation of town properties has started and he will begin adding the progress of this as items are completed. The Pay As You Throw issue was addressed this evening.
Peter Flynn noted the Economic Development Committee has received no interest but he will continue to advertise. The CIP committee will be meeting in several weeks.
Finally, the Tucker Free Library has invited the Board to attend its 100th Anniversary party on Saturday, September 25th, 2004. Thea Braiterman agreed to attend.
Item 11: Selectmen’s Reports
Rod Pimentel requested the target practice issue be placed on the agenda of a future meeting, as well as request advice from the Town Counsel on this issue.
Item #12: Non-Public Session per RSA 91-A:3, II(a) Regarding Personnel
MOTION by Thea Braiterman to enter into Non-Public Session per RSA 91-A:3, II (a) for personnel reasons. Seconded by Rod Pimentel and unanimously approved 2-0.
(Board adjourned at 8:20PM; Board came out of Public Session at 8:20PM)
MOTION by Thea Braiterman to return to Public Session per RSA 91-A:3,II(a and b).
Seconded by Rod Pimentel and unanimously approved 2-0.
(Board returned to Public Session at 8:35pm)
Item #13: Permits for Signature
Intent to Cut: Michie, Alan; Map 1, Lot 96
Raffle Permit: White Birch Community Center; December 4, 2004
Sign Permit: White Birch Community Center
Building Permits Issued
Driveway Permits Issued
Item #14: Abatements/Other Signatures
Appointments: Interim Board of Selectmen Member
Interim Human Services Director, Cindy Marsland
Athletic Committee Member, Meghan Williams
Full Time Police Officer, Stephen Dennis
Annual Assembly Permits for miscellaneous community buildings
A motion to adjourn was made at 8:40pm
Sincerely,
Amy Jowers
Clerk to the Selectmen
BOARD OF SELECTMEN
TOWN OFFICES
Present: Joe Damour, Rod Pimentel, Thea Braiterman, Peter Flynn, Lloyd Henderson, Bob Pennock, Pete Fernandes, Kathy Wallace, Tom Watman, Ron Lavallee, Stephany Marchut Lavallee, Dave Hayden, Kathleen Lo Faro
The Pledge of Allegiance was recited at 6:15 P.M.
Public Forum
(No one present.)
Appointments
Item #1: Bob Pennock – Transfer Station Issues
Bob Pennock expressed concern about the liability of having a swap shop located at the Transfer Station. He had attended a Resource Recovery meeting with other towns, and some of their legal counsels had advised removing that type of shop in order to prevent lawsuits for items that could break or cause injury, etc…. He wants to protect the station’s employees, but also show that the town has considered the liability of having a swap shop. He requested the town’s legal counsel to advise on this issue. In addition, if the shop was kept, he wanted to move it to a better place to eliminate traffic jams.
The Board agreed there is an inherent risk in having a swap shop, and agreed to request an opinion from legal counsel, as well as the insurance company. Placing signs in the area was discussed. The Board noted that all employees at the Transfer Station are covered under the town’s insurance policy.
Old Business
Item #2: Petro Fiber discussion – Follow Up – Peter Flynn
Peter Flynn provided an update on the issues discussed at the last meeting regarding Petro Fiber’s current permit and the amicus brief process. According to the Department of Environmental Services (DES), Petro Fiber has a permit allowing the burning of a variety of woods, including contaminated. The permit was approved August 16, 2000 and has two phases, Phase I allows burning clean wood and Phase II allows burning contaminated wood, which is the phase Petro Fiber needs to decide to pursue this year, pending the meeting of certain DES conditions.
The Board requested a review of the entire Planning Board file on the town decisions that approved this permit for Petro Fiber, and input from the PB on their plans to address the Phase II effort to meet the DES conditions.
Mr. Flynn provided additional information on discussions with the NH Municipal Association (NHMA) regarding legislative efforts to establish stricter conditions for obtaining a permit for burning contaminated wood. He reminded the Board of the NHMA Legislation Policy Review meeting on September 17th. Every town has a vote on the issues raised at this meeting, and he will need the Board’s direction on how to vote.
Mr. Flynn provided information on the town of Hopkinton’s request for Henniker to submit an amicus brief in support of their case in the Supreme Court fighting the State’s preemption of local authority. The State Supreme Court recently returned this case to the Superior Court requesting it clear up the appeal and provide more specifics before further consideration. In addition, it appears there is a schedule when amicus briefs are submitted, and that has not been set yet. It was a consensus of the Board that the amicus brief may not be an immediate need, and that further research was necessary to find out the issues the town faced in regards to State preemption on Solid Waste regulation.
The Board clarified that Phase II of the current permit was a Type 2 permit with a construction permit, possibly allowing the Planning Board to get involved depending on Petro Fiber’s work to meet DES conditions, such as adding equipment. Mr. Flynn noted that the Planning Board will have this issue on the agenda for their meeting next week. Ms. Braiterman requested information on the issues on which States can supercede local authority. Mr. Flynn agreed to continue to research this issue.
Item #3: Request for Fee Abatement – Wallace Site Plan
The Board continued discussions on the request submitted by Kathy Wallace for an abatement of the $1,468.80 paid for a site plan review of her barn structure built for horse riding lessons.
Thea Braiterman expressed her opinion that the Board should request the Planning Board to amend the current fee structure to allow the building fee to be half of the full fee in the case of a commercial building with no usual needs of lighting, parking, etc….
Rod Pimentel agreed that the current building fee was unfair to Ms. Wallace’s type of commercial building, and that he did not believe Ms. Wallace should have had to pay this fee. It was fair to ask for the $75 building permit fee, as this is what other types of residents had paid. He suggested writing a letter to the Planning Board stating that this building falls outside of the realm of a standard commercial building, and additional steps should be taken to propose new factors to create a new category.
Joe Damour disagreed, saying he believed there are two issues to be addressed: the current fee structure and if it is adequate to address different types of building, and Ms. Wallace’s request for an abatement under the current regulations.
MOTION by Thea Braiterman to amend the 2004 board-approved land development fee schedule to allow for a new category covering non-residential, new buildings that require less accoutrements (such as lighting, parking, etc…) and a lesser fee charge than the current $0.15 per sq.ft. Seconded by Joe Damour and approved on a vote of 2-1 (Thea – yes, Rod – yes, Joe – no).
The Board discussed the issues of applying new regulations to a previous issue and the fairness of this process.
MOTION by Joe Damour for the Board to vote on Ms. Wallace’s abatement request under the current regulations at this meeting. Seconded by Thea Braiterman and rejected on a vote 1-2 (Joe – yes, Thea – no, Rod – no).
MOTION by Thea Braiterman to table Ms. Wallace’s abatement request until regulations are reviewed, and if adjusted, then applied to her abatement request. Seconded by Joe Damour and approved on a vote of 2-1 (Thea – yes, Rod – yes, Joe – no).
The Board informed Ms. Wallace that her abatement request was on hold until current fee regulations were reviewed and adjusted, accordingly. Since the Planning Board would be meeting next week and therefore considering the Board’s current actions, this issue would be scheduled for the next Board meeting to continue further action.
Item #4: Review Draft Minutes for July 6, 7, and 27, 2004
MOTION by Rod Pimentel to approved the draft minutes for July 6, 7, and 27, 2004, as amended. Seconded by Joe Damour and unanimously approved 3-0.
Public Forum
Kathleen Lo Faro requested the town’s assistance in requesting the use of the School Auditorium for the September 28th REACH meeting. She explained that it was difficult for her group to arrange this due to the insurance required. The board agreed to arrange this date and Peter Flynn was delegated to procure and complete the rental agreement from the Community School under the Town’s name.. This is the only involvement of the selectmen and it was clarified that Kathleen Lofaro was responsible for arranging all other aspects of the event. It is understood that the organization known as ‘Reach’ was the organizer of the event.
New Business
Item #5: Trench Permit Request - Revised
Peter Flynn presented a revised Trench Permit Request, noting that the signature approval from the Board of Selectmen had been replaced with signature approvals from the appropriate town departments, as they were the ones directly involved with this process. The Board agreed to further amend this Permit by adding the Town Administrator as the final signature approval on this form.
Item #6: Town Administrator’s Report
Peter Flynn noted he was waiting to hear from Tom French on the final plans for the Old Concord Road Sidewalk Project. The Paper Mill Site Restoration Committee will be meeting next week to reach a final recommendation on the first study review report from the engineering firm, Gomez & Sullivan.
After further advertisement, the Henniker Community Center Committee has received another 4 to 5 names for volunteers that are willing to go through the intensive interviewing and background check process.
The Space Options Committee has met and reviewed three options for town office space, and he will be working on the fourth option to present at the next meeting on August 10th.
The Proctor Square Stop Sign project is expected to be finished this week. Vision is continuing its process for revaluation of the town properties. Lea Houk will return at the next meeting to discuss the Pay As You Throw issue.
Peter Flynn noted the Town Meeting Committee will receive a letter requesting a meeting be scheduled soon. The Economic Development Committee has received no interest but he will continue to advertise. He stated that the CNHPC Strategy Plan had been completed. The CIP committee will meet on August 19th, to begin its annual elections for positions.
Mr. Flynn noted that the Board has correspondence from the State Attorney General regarding the accessibility of polling places this year. He noted that the town has already addressed many of these issues. He also noted correspondence from a resident requesting more advertising of the summer concert series, and the Board agreed there is a lot of free advertising available for this purpose. Mr. Flynn agreed to add this to his Town Administrator’s report for regular updates.
Item #9: Selectmen’s Reports
Rod Pimentel expressed concern about the pocket bikes and their use around town. Peter Flynn agreed to follow up with the police department to see what issues may have occurred with their use.
Item #10: Permits for Signature
(no permits to report)
Item #11: Abatements/Other Signatures
Appointments: Tucker Free Library Board of Trustees: Christine Putnam Anderson
Correspondence with the Society for the Protection of NH Forests
A motion to adjourn was made at 7:30 PM.
Sincerely,
Amy Jowers
Clerk to the Selectmen
BOARD OF SELECTMEN
TOWN OFFICES
Present: Rod Pimentel, Thea Braiterman, Peter Flynn, Lloyd Henderson, Martin Curran, Shawn Richard, Linda Reinish, Danny Aucoin, Heidi & Jessica Aucoin, Bob Pennock, Pete Fernandes, Joelle Farrell, Ed Wojnowski, Janine Bates, Tim Russell, Samantha Davenport, Charles Davenport, Barbara French, Patricia St. Laurence, Stephen St. Laurence, Judith Englander, Jason Paul, Kathy Wallace, Fred Brunnhoelzl, Hank Szelog, Joyce Blythe, Gordon Blythe, Tom Watman, Ron Lavallee, Stephany Marchut Lavallee, Ron Lajoie
The Pledge of Allegiance was recited at 6:15 P.M.
Public Forum
Ron Lavallee informed the Board that two elm trees received for the Clean Up Day had been planted on the Eastern Parcel of the old Paper Mill Site. More trees were available to purchase, if the town was interested. The trees were bred to be disease-resistant and to grow fast.
Appointments
Item #1: Linda Reinish – San Ramon Sister City Project
Linda Reinish requested the Board’s consideration of three items: 1) send a letter of Greeting to San Ramon, Nicaragua in recognition of its 100 years in existence; 2) send a Birthday Card to the City and attend a Henniker party on August 17the and 3) adopt San Ramon as a Sister Community Project in recognition of all the mutual projects and contacts built up over the last few years.
The Board agreed to the letter of Greeting and the Birthday Card, but requested that Ms. Reinish and her project participants submit a Petitioned Warrant Article for the town to consider adopting San Ramon as a Sister City at the 2005 Town Meeting. Peter Flynn agreed to follow up on Items #1 and #2 to ensure their completion by the August deadlines.
Item #2: Police Chief Tim Russell - Grants
Chief Tim Russell informed the Board of a $10,000 Homeland Security grant recently approved for the Town of Henniker. The security cameras and upgrades for the Department covered by this grant need to be purchased first, so expenses will be shown in the Police budget as an overage. The reimbursement of these expenses must be made to the General Fund, but will be received within two weeks of the government agency receiving the proof of purchases. The Board thanked him for this additional funding and encouraged him to continue similar efforts.
Item #3: Ed Wojnowski – Hopkinton Town Administrator
Bio-Energy / Petro Fiber Discussion and Request for Support
Ed Wojnowski, the Hopkinton Town Administrator, encouraged the Board to research and be aware of the permit process and the plans of the Henniker-based Petro Fiber, as it partners with the Hopkinton-based Bio Energy. Their joint plan to burn construction debris that may be contaminated with lead, asbestos, and other dangerous metals, would require 30 tractor trucks a day to deliver this debris to Hopkinton. He requested the Board’s consideration to join with Hopkinton and other surrounding towns to fight this operation, by filing an amicus brief to their town’s court filing, and to ensure they are aware of what Petro Fiber is legally allowed to do. In addition, a State Public Hearing on renewal permits for Bio-Energy is expected in September, and the NH Municipal Association will be holding its Legislation Policy Review meeting on September 17th. Hopkinton intends to submit a policy that "before State reviews bio-energy plans, the company must appear before local governments to obtain approval or have a statement by the town that it is aware of that company’s plans". He urged Henniker to review what Petro Fiber has done during its existence, has it followed all the rules and regulations in meeting before the Planning and Zoning Boards?, etc…
Thea Braiterman asked if Henniker was not in the same category as Hopkinton, in terms of the State preempting any local decision to deny a permit. Mr. Wojonowski said Petro Fiber had a Solid Waste permit, which he was not sure would be considered the same by the State as an Air Quality Permit, which was the issue in Hopkinton.
Ron Lajoie, President of REACH, explained the process Bio-Energy had taken, including going to the State directly, without returning to the town, once it began the process to get approval to burn contaminated debris. He also explained that Bio-Energy was seeking this process in order to make up for the loss in income from PSNH, which had bought out its contract with them for power. The income was coming from tipping fees for removing contaminated debris from town transfer stations.
Mr. Wojnowski thanked State Reps. Barbara French, David Currier and others who had joined them in their legislative effort to address issues with solid waste incinerators. The votes in the House and Senate had been very close. There was a lot of interest and support.
The Board agreed to try to attend a REACH forum to be scheduled for September 28th as an effort to educate the public on this issue. The Board noted these were serious concerns, and agreed that many questions needed to be answered before it could agree to take these suggested steps, such as filing an amicus brief. Peter Flynn agreed to follow up on the initial research of Petro Fiber’s permits and current operations.
Item #4: Danny Aucoin – Towing Issues
Danny Aucoin presented papers indicating that Advanced Towing may not be based in Henniker anymore, and requested his business return to be the sole provider of towing for the Henniker Police and Fire Departments. Charles Danforth, one of the four owners of Advanced Towing, noted that the papers submitted to the Board were not required to show all of the addresses of the owners, two of which were Henniker residents. In addition, he quoted from the minutes of the Board meeting when both companies had been put on a rotation call list, that the business would have to be "located in town or have owners in town." Samantha Davenport submitted a copy of their LLC Agreement to show the addresses of the four owners.
Fred Brunnhoezle stated his belief that the Board did not have the authority to restrict trade in town, that this was not legal and he did not believe this should become a precedent. If the Board did it for towing, they would open this up to all other businesses. This was not the way to go.
Rod Pimentel said the primary issue was the service to the Town. Police Chief Russell stated that both companies had been giving excellent service. There were no complaints. The Board stated that the joint rotation call list would continue, unless there was some reason that a company was not doing its job. Other people in town deserved this business, and the Board cannot favor one over the other.
Mr. Russell suggested meeting with both companies to set a rate schedule for the continuing towing work. Both companies agreed to this, and confirmed the alternate weekly schedule was acceptable to continue.
Old Business
Item #5: Review Draft Minutes for July 6 and 7, 2004
Tabled for the next meeting.
Item #6: Request for Fee Abatement – Wallace Site Plan
Tabled for the next meeting. Tom Watman registered his embarrassment that the Board was not prepared for this topic to be discussed and a decision to be made. The Board explained their interest in having all three members in attendance in making this decision.
New Business
Item #7: Tucker Free Library Board of Trustees – Request for Appointment
MOTION by Thea Braiterman to accept the nomination of Christine Putnam Anderson to the Tucker Free Library Board of Trustees. Seconded by Rod Pimentel and unanimously approved 2-0.
Item #8: Town Administrator’s Report
Peter Flynn noted the Old Concord Road Sidewalk Project is progressing; he expects the final engineering and bid specs to be ready by August 1st for submission for RFP’s. The Highway Department and private contractor has completed the first phase of road reconstruction on the easterly end and will finish the project in conjunction with the Sidewalk Project. The Paper Mill Site Restoration Committee has received a first study review report from the engineering firm, Gomez & Sullivan, and is planning to make a decision on the final plan at its next meeting.
The Henniker Community Center Committee has submitted 7 to 9 names for volunteers that have passed all background checks. The Teen Center is to open soon, for about two nights per week. Their next meeting is next Monday. A big thanks to Bob Pennock and Pete Fernandes for being on call to keep this Center open and operating. The building has been in use by many different groups.
The Space Options Committee has met and reviewed three options for town office space, and he will be working on the fourth option to present at the next meeting on August 10th.
The Proctor Square Stop Sign project will be finished next week, hopefully. Vision will continue to finish its final preparation for the Revaluation project; discussions of computer software and other procedures have taken place. Vision is going to look over all the computerized information and proceed with inspections.
Peter Flynn noted three names submitted for the Town Meeting Committee and the Board requested these people begin to meet. The Economic Development Committee has not received any interest but he will continue to advertise.
The Henniker dam has been demolished and in the process of being removed. There was a Channel 11 Outlook show on it, featuring Stephanie Lindloff from the Dam Bureau, John Warner from Fish and Wildlife, and himself, as a replacement for the Paper Mill Site Committee Chairman, Ken Erikson.
The CIP committee is in the processing of completing renewal forms.
The Board discussed the Petro Fiber permitting process, and Mr. Flynn agreed that he would begin researching the 2000 permit initially granted to that company to burn wood. He would also gather information on the Hopkinton court filing to see how it could relate to Henniker. Thea Braiterman also requested a list of issues on which the State has requested preemption status as its right.
Peter Flynn requested the Board’s authorization to approve the Municipal Automation contract between the State and town, in order for the town clerk’s office to exchange information with the State on a special State computer network. This is a standard contract that has been reviewed and recommended by Town Counsel.
MOTION by Thea Braiterman to approve the Municipal Automation Contract, as presented, and authorize the town administrator, Peter Flynn to sign the agreement on behalf of the Town of Henniker. Seconded by Rod Pimentel and approved 2-0.
Peter Flynn requested the Board’s rescission of a denial of veteran’s credit to a resident.
MOTION by Thea Braiterman to rescind a denial of veteran’s credit for Larry Drew. Seconded by Rod Pimentel and approved 2-0.
Item #9: Selectmen’s Reports
No items to report.
Item #10: Permits for Signature
Intent to Cut: Kavadias, Steve: Map 1, Lot 66
Notice of Lien: Houle, Deborah
Item #11: Abatements/Other Signatures
2003 Abatements: Talbot, Robert; #271.27
Warrant for Collection of Yield Taxes:
Drew, Larry $6,420
Baker, James $5,020
Appointments: Henniker Athletic Committee; Shannon Camara and Jaime Weston
Henniker Employee Safety Committee
A motion to adjourn was made at 7:45 PM.
Sincerely,
Amy Jowers
Clerk to the Selectmen
Special Selectmen’s / Planning Board Meeting Minutes
Chairman Joe Damour called the meeting to order at 7:00pm
Present: Selectman Thea Braiterman, Selectman Joe Damour, Town Administrator Peter Flynn, Building Insp/Code officer Roland Soucy, Laura Scott, Cordell Johnston, Jenn McCourt, Jim McElroy, Rick Patenaude, Gail Abramowicz, Judy Englander, Kristen Claire, Lloyd Henderson, Scott Osgood, Planning Board Chairman and Don Armstong.
Items 1 and 3:
Scott Osgood, Planning Board Chairman, spoke on the issues which were submitted to the board prior to the meeting. He questioned the situation whether the town had adequate coverage to take up the tasks of code enforcement cases. The issue of time constraints and actual response to complaints were discussed. Roland Soucy explained that he is not necessarily seeking out violations by driving around town looking but he did offer to discuss with property owners any violation that he does actually noticed.
Thea Braiterman discussed the concern about people complaining to other boards about violations. Joe Damour briefly spoke about the "under $5000.00 rule for obtaining building permits and how that has impeded the enforcement opportunities.
Laura Scott said that we are talking two issues. The old permit did everything as far as zoning is concerned. Roland Soucy mentioned the lack of code authority in Henniker and the difficulty in spelling out and enforcing many violations. He did suggest that the planning consultant sign off on all permits. It was suggested that she do setback verifications as well. Laura Scott said she would do this if asked. Most of her review would be commercial. Roland Soucy recommended the requirement of a certified foundation plan of which the engineering would need an "as built" specification in the application process. Joe Damour said he wasn’t sure if that would work and asked if we need to be that extensive. Roland also talked about the difficulty of measuring lot foundations. and setbacks.
Thea Braiterman asked if all the issues were satisfactorily discussed for items 1 and 3.
Cordell Johnston mentioned the problem of commercial sites not going through the planning board for site review. Roland said it is currently being done when the selectmen’s office is aware of the change or construction plans. Scott Osgood touched upon the Daniel’s issue that seemed to be settled. Further discussion of the process of receiving a complaint took place.
Laura Scott asked about what her action should be if someone tells her of a complaint. She has had this happen. If a violation occurred under a previous ownership it is the responsibility of the new owner to live up to the laws and codes. Thea explained that Laura should have the authority to be able to file a complaint, if she notices one, with Roland. Roland said that if anyone on the board knows of a violation they are obligated to tell him.
Rick Patenaude stated that the simplest and fair way to deal with a code violation is the discuss it with the property owner and not to "use a big stick".
Kristen Clair also commented on the issue discussed regarding complaints.
Thea Braiterman put closeure to the discussion by summarizing the discussion. 1) Change the word "complaint" to "report". 2) Two checklists persons-Roland and Laura Scott. 3) anyone can file a report and present to Roland Soucy.
Jenn McCourt talked about how the town officials should talk to people, first, before filing a "report" of violation. Give a friendly "heads up" to people about any problem.
Thea mentioned how clarification is important and asked if there was any other discussion needed in covering this subject.
Judy Englander and Kristen Claire asked if the time and budget was sufficient and whether it is working out ok in fielding all the complaints. Roland explained that he has already filed a couple of wetland complaints to the DES and they are investigating . He said this is already producing positive results.
Laura Scott talked about how the proactive workload may fall behind with many issues concerning the appointments that are being made for her on Wednesdays. If a zoning ‘report’ has been filed then she will be required to locate it in the file. Filing by map and lot has improved the ‘in house systems.
NH Weekly Contender reporter Lloyd Henderson asked Kristen Claire where she got information about $350,000. building that is in violation.
Scott Osgood talked about the wetlands issues and the involvement of the Conservation Commission. Kristen Claire mentioned driveways and wetlands.
Roland said he didn’t realize that he was supposed to inspect driveways. He was under the impression that the highway agent was sufficient to make the call on that issue.
Don Armstrong referred to a house built "after the fact" and how the water had shifted all around the house.
Laura Scott and Judie Englander asked if the Conservation Commission should be in the loop of the formal process and be part of the building permit checklist. Kristen will take back to that board a suggestion to this effect.
Item 2: Site Plan Application Fee
The Braiterman stated that, in her opinion, the corral is not meant to be compared to the usual commercial structure fee schedule and she didn’t support the fee recently assessed for an applicant who is constructing a corral.
Jenn McCourt asked what the rationale was for the different costs and "are they related to planning board expenses"?
Laura explained the history of why the fees were changed she detailed each and every area of cost factors including engineering, planning director costs, office staff, fire and police time or reviews. It is based on square footage and not one size fits all. The fees were deemed to be conservative.
Jim McElroy said if the cost to the town is not totally paid by fees, maybe we should look into it. "In this certain case is there a chance of obtaining a waiver"? The selectmen said that this is what is now before them.
Joe Damour-We probably don’t want to over burden the applicant with the fee and thinks that each property already pays taxes.
Laura Scott cautioned the selectmen by reminding them that this is a commercial structure and a business and that there is a fear of setting a precedent.
Thea suggested adding an amendment where the planning board can make an exception.
Scott Osgood said it would be better to base the fee on value of construction. Laura said the cost of construction would be identified too late.
Roland- different fee schedule in the case discussed: no plumbing, mechanical and heating. He recommended perhaps setting a different schedule based on those factors.
Don Armstong said it would be opening Pandora’s box by making exceptions.
Kristen explained how bad she felt because she felt these people made the effort to be so honest.
Jenn said it was much different in the particular application because they have no septic issues, employees etc.
Joe reiterated several times that no decision had been made thus far. (Re: the Wallace Case) Income cannot come into play in deciding.
Rick Patenaude-"Either stay the same or cut some slack"
Thea – the decision will be made by the selectmen whether to refund or not. Joe mentioned that is possible to leave everything the way it is. Selectmen will act on applicants request for refund at the meeting of July 20, 2004.
C.I.P.
The question of the status of continuation the formal CIP committee was the topic of discussion.
Joe suggested waiting for budget season to form the CIP recommendations but Laura mentioned that, in theory, the CIP should be done before the budget process in under way.
Joe suggested that the official CIP is a waist of time and should be based on issues that the selectmen deal with and not a combination of other components such as schools etc.
Thea expressed her support of the total CIT and the results of compiling information and committee and department reports.
Laura-"We have to get things up and running now".
Much discussion on the merits of the CIP took place and how it directly relates to impact fees.
Jim McElroy suggested fixing any discrepancies if Joe is not acceptable of its current format. He is concerned about statutory issues.
Joe said that he is concerned about the usefulness of the CIP.
Laura explained that the committee left all requests in the report as presented and the purpose was to have an overview of capital expenditures and make them fall on an even keel over a specific period of time.
Peter Flynn told the boards that he, under the selectmen’s directive, gather the committee and see what can be done and who is willing to stay on the committee. Peter also explained that Laura could be asked to finalize the document if need be and that the budget of this item will not be a problem.
Meeting adjourned: 9:05PM
Respectfully submitted by Peter R. Flynn
BOARD OF SELECTMEN
TOWN OFFICES
Present: Joe Damour, Rod Pimentel, Peter Flynn, Lloyd Henderson, Tom Watman, StephanyMarchut Lavallee, Ron Lavallee, Dave Hayden, Terry Stamps, Gail Bourque, Cathy McComish & family, David P. Currier, Tim Russell, Robert McAllister, David Marshall, Barbara C. French, Kathleen LoFaro and Gail Abramowicz.
The Pledge of Allegiance was recited at 6:15 p.m.
Public Forum
None
Old Business
Item 5: Minutes of June 15, 2004 were reviewed.
MOTION by Joe Damour to accept the minutes as submitted with technical correction.
Seconded by Rod Pimentel and approved 2-0.
Appointments
Item 1: Gail Bourque, representative from the American Mothers, Inc., NH Association, acknowledged and congratulated Cathy McComish, this year’s recipient of the Young Mother of the Year award. Cathy'
s name was added to the large framed document that will hang in our Town Hall for the next year in her honor. The impressive plaque also bears the name of Christa McAuliffe.Item 2: Police Chief Tim Russell introduced Robert McAllister as the applicant selected to fill the part-time officer vacancy spot at the department.
MOTION by Joe Damour to appoint Robert McAllister as a part-time police officer.
Seconded by Rod Pimentel and approved 2-0.
Item 3: Terry Stamps, Chairman of the Henniker Gateway Committee, requested the board to assist the committee in establishing a trust fund as a repository for private donations for the purpose to purchase a parcel of land with the intent of donating it to the Town of Henniker. The parcel of land is currently owned by Albert and Alice Norton, at 38 Hall Avenue, Lot 2-187-B.
Rod Pimentel asked what the group intended to do with the property if they did purchase it. Terry Stamps, referring to her July 5 letter to the Board of Selectman, stated that one idea is to leave the site in its current natural state with some selective cutting of trees, and then donate the parcel to the Town with a permanent easement that will protect it from large scale commercial development.
Lloyd Henderson asked how the Norton=s fil into this plan. Terry Stamps stated they had not made a final decision about their plans for the property, but the committee wanted to work in parallel with their ongoing plans.
Peter Flynn asked the board if he might present a draft of the proposal to town counsel for review, with any recommendations made ready to report at the next regular meeting.
Rod Pimentel suggested the board let the proposal go forward to establish the fund, and the members will review any comments from town counsel at the next meeting.
Item 4: Gail Abramowicz presented the final policy review and teen membership forms for the Henniker Teen Center.
MOTION by Joe Damour to accept Youth Code of Conduct policy and membership applications forms for the Teen Center.
Seconded by Rod Pimentel and approved 2-0.
Item 6: Bio Energy/Petro Fiber
Joe Damour asked if the planning board will need to get involved with reviewing the business operations at Petro Fiber if the company is planning to change its operation from previously approved permits.
The board was asked if the Town has any plans to financially assist in the lawsuit against Bio Energy in its proposal to operate an incinerator of building materials at the Hopkinton plant. Joe Damour stated the proposal to submit funds to this cause would require the passage of a warrant article at the 2005 town meeting;.
Ron LaVallee gave an overview of facts stated at the Hopkinton meeting a few weeks ago. The volunteer group, REACH, offered to come to Henniker for an informational meeting. Rod Pimentel suggested such a meeting may be best presented in the Fall.
It was suggested that perhaps a committee should be formed of Henniker residents. Joe Damour stated the board could help facilitate the formation of a committee, but would remain neutral on the subject.
Item 7: Committee member appointments.
Bob Stamps was officially appointed to the Conservation Commission.
Lauren Desmond was appointed to the Athletic Committee.
Item 8: Driveway Permit Form.
The format of the driveway permit was revised without the addition of any new criteria. To expedite the permit process, Peter Flynn will provide a report of the signed permits to the board members at their regular meeting, instead of them signing off on the permits before construction of the proposed project.
MOTION by Joe Damour to accept new format. Seconded by Rod Pimentel and approved 2-0.
Item 9: Tucker Free Library/ SAU agreement.
The members reviewed the license agreement for the property behind the library. This document finalizes a contract between the SAU, the Henniker School District and the Board of Selectmen.
MOTIONS by Rod Pimentel to have Chairman Joe Damour sign the document on behalf of the board to accept the agreement.
Seconded by Joe Damour and approved 2-0.
Item 10: Town Administrator's Report.
- The Space Option Committee will present three options for the town hall/ district court space needs at their July 15 meeting.
-The Vision company staff will be in next week to start the revaluation process.
- Advertisements for volunteers for the Town Meeting Committee and the Economic Development Committee were not successful in encouraging citizens to join these committees. It was agreed to run the ads again in the Fall.
-West Henniker Dam removal started last Tuesday. About a hundred people attended and witnessed the ceremonies and the first stage of the breaching of the dam.
-Central New Hampshire Regional Planning Commission is asking the board members to complete the Strategy Plan form distributed to them this evening. Peter Flynn will collect them at the next regular meeting.
-Reminder the selectmen will hold a special meeting with the planning board on Wednesday,
July 7, 2004 as scheduled.
Item 11:
No reports from selectmen.
Item 12: Signatures.
A motion was made and the meeting adjourned at 7:24 p.m.
Respectfully submitted by,
Gail Abramowicz
BOARD OF SELECTMEN
TOWN OFFICES
Present: Joe Damour, Rod Pimentel, Thea Braiterman, Peter Flynn, Tom French, John Margeson, Tom Watman, Ron Lavallee, Stephany Marchut Lavallee, Bob Pennock, Cindy Marsland, Scott Flood, Karen Irwin, David Hayden, Lea Houk
The Pledge of Allegiance was recited at 6:15 P.M.
Public Forum
No one present.
Appointments
Item #1: Tom French of HTA – Update on Old Concord Road Sidewalk Project
Tom French informed the Board that the Old Concord Road Sidewalk design plans were being readied to present to the State for final approval. He expects the project to be awarded by August. He met with PSNH on-site and they had agreed to relocate all the poles affected by this project, which was a big hurdle to overcome. Once the project is awarded, he expects it to take about 60 days to complete, the timeframe requested in the contract specs. They also had to resolve conflicts with water and sewer issues, which slightly expanded the project to compensate for those adjustments.
John Margeson and Mr. French agreed to coordinate the Old Concord Road repair work with this project. A bid alternative for road repair would be included with the full bid, but could be rejected if it came in too high.
Item #2: John Margeson, Henniker Highway Department – Update on Proctor Square Stop Sign and Other Summer Projects
John Margeson informed the Board that a contractor had measured the Proctor Square Stop Sign area and he is waiting for a proposal from him. There have been a few changes to his summer road schedule. Cote Hill will be paved this Friday, but Western Avenue, scheduled from the twin bridges to Hillsboro, has been delayed and will likely happen next year. The State just sent out several bids, and everyone is too busy now to work on this project. Wetlands permits have also held up the Western Avenue project. In addition, he believes it makes sense to finish the Old Concord Road entirely, from Crescent Street to the Amey Brook bridge, in connection with the sidewalk project. He will get lines painted on it, with the road repair likely to be done before August when the sidewalk project will begin. The Board confirmed the travel portion of this road will be 24’ wide the entire length.
Item #3: Review Draft Minutes June 1, 2004
MOTION by Joe Damour to approve the June 1, 2004 minutes, as amended. Seconded by Rod Pimentel and unanimously approved 3-0.
Item #4: Crosswalk Signs – Follow Up
Bob Pennock informed the Board of a new crosswalk sign sold by the State for about $100 each, with a 50/50 cost split with the State. These signs are sturdier than before and would be placed in 13 sites throughout the town, previously chosen by the Police Department. Placing any further signs on Route 114 would require State Approval. The Board requested more information on placing permanent pedestrian signs along town and state roads, but agreed to the purchase of these new signs in the meantime. Peter Flynn agreed to follow up on getting the signs, and information on their appropriate placement.
Mr. Pennock further informed the Board that the year-to-date figures on the Transfer Station’s solid waste tonnage delivery was good; they were only up to 63 tons over the schedule, with no fines. He presented an applicant for hire for the position of the Station’s part-time attendant. The Board reviewed his qualifications.
MOTION by Joe Damour to accept the recommendation to appoint Robert W. Poole, Jr. to the position of Part-Time Attendant at the Henniker Transfer Station. Seconded by Rod Pimentel and unanimously approved 3-0.
Mr. Pennock requested the Board’s approval to move the Swap Shop at the Transfer Station to an area beyond the recycling place, in order to relieve the traffic backup, and to assist the Station in getting people to separate out burn material from their deliveries. He would request donations to pay for this move. The Board agreed to his request.
Mr. Ron Lavallee noted that he would be receiving two elm trees for the Parks Department to plant in town, and would deliver them to Mr. Pennock.
Item #5: Scott Flood – Bio Energy Issues
Scott Flood and Karen Irwin, Hopkinton residents, expressed their strong concerns about the efforts of Hopkinton-based Bio Energy, in partnership with Henniker-based PetroFiber, to burn construction debris that may be contaminated with lead, asbestos, and other dangerous metals. They requested the Board’s consideration to have the town of Henniker join with Hopkinton and other surrounding towns to fight this operation. After months of meetings and correspondence, they believe Bio Energy will be distributing dangerous pollutants into the air and endanger the health of a very large populated area, including Henniker.
The Board asked questions and discussed their concerns, noting that the Highlands area in Henniker may be affected by drifting smoke. Bio Energy has several processes to test released gasses and filter out harmful chemicals, but there is no confirmation that it will get all of it. It was noted that the Town of Hopkinton lost its initial case, but is appealing the decision. The policy of preemption was discussed, as this is the legal basis on which the town lost its case. Mr. Flood noted the company has not begun operation, but is planning to begin this summer.
The Board agreed to discuss this further at their next meeting, with research on some of these and other issues in the meantime.
7:00 PM PUBLIC HEARING ON STREET NUMBERING ORDINANCE
MOTION by Joe Damour to open the Public Hearing on House/Building Numbering and Symbolizing Ordinance at 7:35 PM. Seconded by Thea Braiterman and unanimously approved 3-0.
Mr. Damour opened the floor for discussion.
Cindy Marsland noted that the recommended changes by the Board have been made. She confirmed this proposed revision of the Ordinance is to comply with new 911 regulations and to reiterate the responsibility of each resident to show their house number for emergency purposes.
There were no further questions or comments.
MOTION by Joe Damour to accept the revised House/Building Numbering and Symbolizing Ordinance, as presented. Seconded by Thea Braiterman and unanimously approved 3-0.
MOTION by Joe Damour to close the Public Hearing at 7:45 PM. Seconded by Rod Pimentel and unanimously approved 3-0.
Old Business
Item #6: Term Limit Discussion for Appointed Committees
The Board discussed their interest in getting new people to serve on town-appointed committees and boards. Several ideas were noted, including limiting terms to 2 or 3 with a period of time before a former member can return to the committee; keeping it flexible, in order to ensure full membership of all committees and boards; or having the Board use more authority in determining membership. Some committees would be harder to fill than others. It was noted that the Board of Selectmen already has the authority to approve or disapprove membership of town-appointed committees and boards, but they have chosen to accept the recommendations of the Chairmen of these groups.
The Board requested Peter Flynn draft a policy that would include an annual review of membership, examining attendance records, considering staggered terms, and a clarification of the Board of Selectmen’s authority.
New Business
Item #7: Mother of the Year – Discussion re: Selectmen Approval of Displaying Plaque of Honoree
The Board agreed to post in the Town Hall for one year the Young Mother of the Year plaque awarded to Cathy McComish by the New Hampshire Association of the American Mothers, Inc.
Item #8: Joint Meeting – Discussion of Concerns of Planning Board/Selectmen’s Issues; Request for July 6 Meeting
Thea Braiterman expressed the Planning Board’s interest in having a joint meeting with the Board of Selectmen to discuss current fees for site plan reviews, the Capital Improvement Program meeting schedule, and the Planning Board’s general sense that there is not enough on-site inspection of town property to confirm compliance with town regulations and laws. The Board agreed to a joint meeting on July 7, 2004.
Item #9: Town Administrator’s Report
Peter Flynn noted the Old Concord Road Sidewalk Project has been discussed. The State, joined by the Paper Mill Site Restoration Committee, has scheduled a ceremonial event for the start of the dam removal project on June 29, 2004. Joe Damour agreed to represent the town.
The Henniker Community Center Committee has finalized membership forms and will present them to the Board for final approval. Thea Braiterman noted that Rick Daniels has been requested to purchase a projector for movies at the Center.
Peter Flynn said there is nothing to report on the Ramsdell Road Bridge project. Peter Gooden from the Bureau of Court Facilities will be meeting with the Space Options Committee this Thursday to outline the requirements of the Henniker Court to remain at the town office building.
The Proctor Square Stop Sign project has already been discussed. The town has received the bond and certification for insurance from Vision; they will begin the Revaluation contract on schedule. The Pay as You Throw issue is continuing to be researched. Peter noted the ads in local papers requesting interested residents to join the Town Meeting Committee, the Economic Development Committee, and others. He will add the Crosswalk project and the Term Limits project to his Report for next meeting, July 6th.
Item #10: Selectmen’s Reports
Joe Damour reported on the well-attended Doug Paul’s retirement party and that Katie Gilbert, a high school senior at John Stark High School, was awarded the Ashton Award.
Item #15: Permits for Signature
Intent to Cut: Wallace, Richard; Map 1, Lot 25X
Macklin, Mary; Map 1, Lot 677
Driveway Permit: Kavadias, Steven
Trench Permit: PSNH
Petition and Pole License: PSNH
Item #16: Abatements/Other Signatures
2003 Abatements: PSNH; Map 1, Lot 000-AA
St. Pierre, Ralene; Map 1, Lot 010
Pat’s Peak Ski Area; Map 1, Lot 588A
Kwiatkowski, John; Map 1, Lot 012
Duplicate tax bills; $13,425.49
Warrant for collection of Yield Taxes - $1,511.86
Winn, Ryan; $513.39
Roman Catholic Church: $387.89
Drennan, Robert $528.96
Chase, Helen $ 57.27
Pat’s Peak Ski Area: $ 24.35
Refunds: McGraw, Kasi $ 30.50
Robichaud, Peter & Jodie $196.00
Dockham, Kent $ 23.00
Appointments: Henniker Community Center Activities Committee; Beth Allen
Henniker Conservation Committee; Robert Stamps
A motion to adjourn was made at 8:25 PM
Sincerely,
Amy Jowers
Clerk to the Selectmen
BOARD OF SELECTMEN
TOWN OFFICES
Present: Joe Damour, Rod Pimentel, Thea Braiterman, Peter Flynn, Tom Watman, Ron Lavallee, Stephany Marchut Lavallee, Rob & Cheryl Morse, Leon Parker, Beth Allen, Craig Block, Kathy Wallace, Cindy Marsland, David Hayden, Gail Abramowitz, Lea Houk
The Pledge of Allegiance was not recited due to absence of flag.
Public Forum
Ron Lavallee said there had been a great response to the Town Clean Up Day of May 15th; several residents were adopting sections of road to keep clean of litter. He was hoping to do more with this, as more people participated.
Appointments
Item #1: Beth Allen re: Community Center Policies
Beth Allen presented the Henniker Community Center Volunteer Procedures for the Teen Center and requested the Board’s review and approval. Peter Flynn noted these Procedures had been worked on for several months, with information from other towns being gathered and input requested from the Police Chief and the NH Municipal Association, particularly regarding the criminal background checks. Ms. Allen added that the Committee believes it is important to always have two adults on the premises during any activity.
The Board requested that all Committee members also undergo the criminal background check, and Ms. Allen noted that this was already in process.
Motion by Thea Braiterman to adopt the Henniker Community Center Volunteer Procedures for the Teen Center, as presented. Seconded by Rod Pimentel and unanimously approved 3-0.
Item #2: Rob Morse re: Crosswalk Signs
Rob & Cheryl Morse requested a more consistent town policy and practice in posting pedestrian safety signs at town crosswalks. Drivers were either not able to see the painted crosswalks soon enough, or were not obeying the law in allowing pedestrians to cross safely. The Police Department has noted they get stolen or run down by heavy traffic. The Board discussed placing permanent road signs stating fines for disobeying crosswalk rules, as well as purchasing more signs for the center of the crosswalk. It was also noted that Route 114 is a state road, and therefore would require state approval for placing anything permanent.
The Board agreed to further research these ideas for a discussion at their next meeting.
Item #3: Kathy Wallace re: Waiver of Fee Request
Kathy Wallace requested the reimbursement of a $1,468 Site Plan Review fee paid for the construction of a non-residential building on her property. The Board reviewed the history of her case, noting that they have no authority in determining the requirement for a Site Plan Review that triggered the payment of this fee; SPR is determined by the Town Planning Board. The Board noted that the current fee structure may need to be revamped to allow for construction of buildings that are large but do not have the impact of a true business operating day to day. Ms. Wallace noted that the Planning Board stated her building activity would be covered under Agriculture/Commercial, yet other owners in town were operating businesses without this designation. The Board noted again that they have no jurisdiction over the actions taken by the Planning Board. However, they said they would do additional research to assist in her request for the fee reimbursement. The Building Inspector would continue to help her with her next step with the building permit request. The Board agreed to consider this issue at the next meeting after further research.
Item #4: Cindy Marsland re: Street Numbering Ordinance Proposal
Cindy Marsland presented for approval the proposed revisions to the House/Building Numbering and Symbolizing Ordinance. She reviewed the changes, with particular note to a new requirement that applicants applying for a building permit for a new property site would obtain a house number at the same time, so this information would be available to 911 in case of an emergency at that site during construction. She further noted the police, fire, and rescue departments had all reviewed the Ordinance. During its review, the Board made a few minor adjustments and noted a Public Hearing on these proposed changes was scheduled for their next meeting in June. Peter Flynn noted that copies of this Ordinance would be available to the public on the Friday before the Hearing.
Old Business
Item #5: "Pay As You Throw" Update
Lea Houk requested the Board’s approval to prepare a Request for Proposal (RFP) for developing a Master Plan addressing town recycling efforts. This has full support from the Henniker Recycling Committee and would be a 10-year plan on how to address the economics of recycling and improving the town’s solid waste efforts.
The Board agreed it would be a good idea to develop a broad Master Plan for the town’s waste management efforts and for her to pursue an RFP for this purpose. Ms. Houk agreed to return to present a proposed RFP to the Board for their review and approval.
Item #6: Highway Projects Update
Peter Flynn reported that Cote Hill Road and Western Avenue were almost ready for hot topping, awaiting final approval from some State agencies. There is a small delay with the Proctor Square stop sign project.
New Business
Item #7: Zoning Board re: Recommendation to Drop Fees
Leon Parker, Chairman of the Zoning Board of Adjustment, requested the Board’s approval to eliminate the $25 filing fee for a resident to present their plans before the ZBA. Mr. Parker said the ZBA Committee believes that requesting applicants to pay to present their plans to the Committee is unfair. Applicants would continue to be required to pay for direct costs of processing their application, such as mailings and advertisements.
MOTION by Joe Damour to eliminate the $25 filing fee for applications to the Zoning Board of Adjustment. Seconded by Rod Pimentel and unanimously approved 3-0.
Item #8: Yield Tax appeal – Recommended Decisions
MOTION by Joe Damour to deny the request for a yield tax abatement for Map 2, Lot 237B. Seconded by Thea Braiterman and unanimously approved 3-0.
Item #9: Henniker Herald Voter Guide – Revisions
Peter Flynn presented proposed revisions to the format of the Town Meeting Voting Guide printed in the Henniker Herald. These revisions would provide more direct information to the voter on the issues being raised at Town Meeting by presenting all warrants and explanations to be voted upon. The Board agreed to the new format.
Item #10: 2004 Budget Expenditures Update
Peter Flynn reviewed the most recent budget information with the Board, noting that spending is on schedule.
Item #11: Community Center Sign – Eagle Scout Project
Peter Flynn presented a proposed offer by a resident Eagle Scout candidate to build three signs for the Henniker Community Center for his Eagle Scout project. The Board agreed to this offer, with the understanding that the draft signs would be presented to them for final approval before being constructed.
Item #12: Town Administrator’s Report
Peter Flynn reported that the Old Concord Road Sidewalk Project is moving along; Tom French is finalizing the plans for the bidding process, hopefully to begin in two weeks. The Paper Mill Site Restoration Committee requested the EPA improve the seeding plan for the Eastern Parcel; EPA agreed and will be placing down native seeding with wild flowers.
Peter Flynn reported that the upstairs space of the Henniker Community Center is being heavily used; the fees/donations issue was resolved. Thea Braiterman reported that the Center continues to work on how to develop a movie setup for families on Friday Night. Rod Pimentel asked about the reseeding of the Community Park, and Mr. Flynn confirmed that it would be done. Because of that, the town concerts will be held at the New England College, and if space is needed, Mr. Flynn will offer up his backyard for the Farmer’s Market when it opens in July.
Peter Flynn noted there will not be much to report on the Ramsdell Road Bridge project for awhile, as Hoyle, Tanner & Associates (HTA) will just be doing their engineering work. Peter Gooden from the Bureau of Court Facilities will be meeting with the Space Options Committee to outline the requirements of the Henniker Court to remain at the town office building. Mr. Flynn also noted that an engineering grant for this work has been requested.
The Proctor Square Stop Sign project and the Pay as You Throw project have been discussed this evening. The Revaluation contract with Vision has been signed and they will begin their work in mid-June. Mr. Flynn confirmed the Town Meeting Committee will be scheduled to meet in June. The Economic Development Committee is also still being worked at this time.
Item #14: Selectmen’s Reports
Thea Braiterman requested the Outlook list the residents serving, and who have served, in Iraq. Rod Pimentel further suggested listing these names in the Town Annual Report.
Peter Flynn reminded the Board of the retirement party for Doug Paul.
Item #5: Review Draft Minutes May 18, 2004
MOTION by Joe Damour to approve the May 18, 2004 minutes, as amended. Seconded by Rod Pimentel and unanimously approved 3-0.
Item #15: Permits for Signature
Intent to Cut: Kavadias, Steve and Regina: Map 1, Lot 662
Sign Permits: Mary Coffin Scholarship Fund; 3 signs
Contoocook Valley Radio Club
Harvester Market
Raffle Permits: Henniker Youth Soccer
Item #16: Abatements/Other Signatures
Sewer Abatement: Morrison, Ian; Map 2, Lot 432 $171.60
2003 Abatements: Redman, Mark & Marie – Map 1, Lot 753A - Granted
Bell & Foster – Map 1, Lot 328X – Denied
Gosse, Robert & Joyce – Map 1, Lot 618 – Denied
Henniker Family Assoc. – Map 2, Lot 499 - Denied
Warrant for collection of Land Use Change Taxes - $6,710.00
Chase, Thomas; Map 1, Lots 655 & 656 - $4,810.00
Map 1, Lots 655 & 656 - $1,120.00
Map 1, Lots 655A - $780.00
Henniker Code; Chapter 101 (Solid Waste)
Henniker Code; Chapter 101 – Exceptions to section 101-5
Appointment; Henniker Police Dept.; Nathan Barry; Full-Time Officer
A motion to adjourn was made at 7:50 PM
Sincerely,
Amy Jowers
Clerk to the Selectmen
BOARD OF SELECTMEN
TOWN OFFICES
Present: Joe Damour, Rod Pimentel, Thea Braiterman, Peter Flynn, Lloyd Henderson, Tom Watman, John Margeson, Kristin Claire, Heather Durfrey, Stephany Lavallee, Ron Lavallee, Dave Fluharty and Gail Abramowicz.
The Pledge of Allegiance was recited at 6:15 p.m.
Ron Lavallee reported the Town Clean-Up day was a big success, and wished to thank again the 28 people who came out for the day. Amongst them were a number of volunteers 12 years old and younger, and a grandmother with her five grandchildren! This may lead to an annual event!!
Old Business
Item 1: UNH Presentation
Dave Fluharty presented the Master of Roads Scholar Award to Highway Superintendent/Road Agent
John Margeson for completing 20 one-day workshops at the University of New Hampshire. He also thanked the Town of Henniker for sponsoring John to attend these classes and complete the course.
Item 2: Selectmen signing contracts
Peter Flynn presented the final version of the Vision revaluation contract for the Selectmen’s signatures.
The Gomez and Sullivan paper mill engineering services contract was presented next. After a brief review, Peter stated the contract was drawn up for his signature and asked the Board if they would authorize him to act on the Selectmen’s behalf.
MOTION by Joe Damour to authorize Peter Flynn to sign the Gomez and Sullivan contract on behalf of the Board of Selectmen. Seconded by Thea Braiterman and unanimously approved 3-0.
Peter Flynn signed the contract at this time.
Public Forum
Gail Abramowicz presented information about the Concord Regional Crimeline, an organization which the Henniker community has recently become a member of. This program was formed to assist towns in solving crimes and to offer a monetary reward for information that leads to an arrest. Six street signs were given to the Town of Henniker to post so citizens know how to contact the Crimeline to pass on any information they may have relating to a crime. The number to call is (603) 226-3100.
New Business
Item 3: Review of draft minutes from May 4, 2004
Peter Flynn noted changes.
MOTION by Thea Braiterman to accept the minutes from the May 4, 2004 meeting as amended.
Seconded by Rod Pimentel and approved 2-0. Joe Damour was not present at that meeting and abstained.
Item 4. Discussion and update on court relocation decision
Peter Flynn reported he attended the legislative meeting on May 17 and the outcome was that the Henniker District Court will remain separate from the Hillsboro District Court until at least the year 2006.
Item 5: Space Needs Committee & Item 6: Submitting Grant for Town Hall Study
The Selectmen reviewed an application for membership to this committee. Kristen Claire, who attended a recent meeting, expressed interest in being on the committee.
MOTION by Rod Pimentel to appoint Kristen Claire to the Space Needs Committee.
Seconded by Thea Braiterman and approved unanimously 3-0.
Kristen Claire explained what the Preservation Project Development Grant is, which is a tool for towns to use to gain knowledge of the structure they may want to preserve. There is a minimal application fee of $100.00 that gets the grant process started.
Thea Braiterman asked if the grant commits them to use the ideas suggested, which Kristen said it does not.
MOTION by Thea Braiterman to recommend the Space Needs Committee apply for this grant on behalf of the town.
Seconded by Joe Damour and approved unanimously 3-0.
Item 7: Town Administrator’s Report
Peter Flynn said John Margeson and engineer Tom French have been meeting regularly to review Old Concord Road Sidewalk Project. Water flow testing was conducted last week.
The contract presented tonight to be signed for the site restoration engineer firm, Gomez and Sullivan of Weare, for the West Henniker Paper Mill project.
The Community Center Committee has been meeting every two weeks. The upstairs hall is booking events most recently will hold a yoga class twice a week. Rick Daniel was at the May 17 meeting to present information about a projector the committee will purchase for future family night. Volunteer forms and membership applications for the Teen Center are near their final drafts and the Center hopes to have everything in place by the end of June.
Peter Flynn reported the Ramsdell Road Bridge Project Committee has done all they can do at this point and await more information from the engineers.
The Space Options Committee will seek permission to apply for a grant for analysis on the building structure only.
The Proctor Square Stop Sign project is to start soon. Joe Clement was shown the plan, which eliminates two parking spaces at the Pharmacy, but will bring the stop sign on Western Avenue onto a traffic island for better site view of Route 114 traffic.
The final draft of the contract for the revaluation submitted by Vision is before the Board tonight.
Pay as you Throw is an ongoing project for the Recycling Committee.
Peter Flynn will have an update on the Economic Development Committee for the next meeting.
Item 8: Selectmen’s Report/Concerns
Rod Pimentel asked for a clarification on what fees the Community Center collects and where the money is deposited.
It was discussed and concluded that if a fee is charged for the use of the building, that money will go into the Town’s general fund. If a donation is made, either outright or by services offered through the Center with a certain amount going to the Center, then that money will go into the Community Center Trust Fund.
Rod Pimentel also asked about the Pay as you Throw program. He wanted to know what the dollar difference is compared to what we have in place now. He asked if Laura Scott was still the person to gather this information, or if not, the town needs to get someone with experience on this issue to gather this data and present it at a future meeting.
Item 9: Permits for Signatures
Item 10: Abatements/ Other signatures
A motion to adjourn was made at 7:00 p.m.
Respectfully submitted by,
Gail Abramowicz
BOARD OF SELECTMEN
TOWN OFFICES
Present: Rod Pimentel, Thea Braiterman, Peter Flynn, Laurie Grob, Janice H. McElroy, Ted Harris, Tom Watman, Lloyd Henderson, Ron Lavallee, John Kjellman, Bob Pennock, Philip Morris
The Pledge of Allegiance was recited at 6:15 PM.
Public Forum
John Kjellman commended the Board for the 2004 budget process and the Town Meeting discussions. They had done a great job in getting information out to the public and explaining their decisions. He requested the Board consider looking at the spending of the police department. It seems this budget has risen larger than others every year and it does not seem justified. He is concerned that eventually there will be a huge cut proposed at Town Meeting that will be approved.
Ron Lavallee informed the Board of the State’s approval for Henniker to hold a Town Clean-Up Day on May 15, 2004. He has contacted the town’s civic organizations and there will be bags and gloves provided to all volunteers. The State has also offered the Town free membership in the Litter-Free New Hampshire organization, with one of its requirements to hold a Clean-Up Day. If the Town joins, the State will give the town either two 5 to 6’ blight-resistant elm trees or narcissus bulb flowers as a thank you. The Board thanked Mr. Lavallee for his work on this project and agreed to the membership of the Litter-Free New Hampshire organization.
Appointments
Item #1: 6:20 PM – Laurie Grob - Rotary Club Presentation to Board
Laurie Grob, member of the Henniker Rotary Club, Ted Harris, the current President of the Rotary Club, and Jan McElory, the President-Elect, presented a $5,252.43 contribution check to the Town on behalf of the Club’s support of the Old Concord Road Sidewalk project.
The Board accepted the check on the Town’s behalf, and thanked the Rotary Club for their continued support in making sure this project would be completed. It was appreciated.
Old Business
Item #2: Review Draft Minutes April 20, 2004
MOTION by Rod Pimentel to approve the April 20, 2004 minutes, as written. Seconded by Thea Braiterman and unanimously approved 2-0.
Appointments
Item #3: 6:30 PM – Public Informational Hearing – Transfer Station Policy Revisions
Bob Pennock presented the final draft of the revised Transfer Station Policy, noting the only major change is banning loose pets at the Station, otherwise the other modifications are minor. The Board confirmed they would provide a letter designating the non-residents approved to use the facility, currently living on Warner Road.
The Board also agreed to modify the title for Section #12, to read "Materials That May Be Separated", in order to maintain consistent formatting. John Kjellman asked about stronger incentives to encourage residents to recycle. The Board stated that mandatory recycling has not been considered appropriate for the town, since this is not required by any other state or federal law. The Henniker Recycling Committee is looking into the feasibility of Pay As You Throw, as one option in the future.
MOTION by Rod Pimentel to accept the Final Draft of the Town of Henniker Transfer Station Policy, with one amendment, effective immediately, with a grace period of two weeks from today (May 17th). Seconded by Thea Braiterman and unanimously approved 2-0.
The Board agreed to have this policy distributed at the Transfer Station to those interested, but also requested it be placed in the Outlook and distributed to parents through the school’s newsletter as a one page insert.
Bob Pennock showed the Board the proposed signs to be posted at the entrance of the Station to state the rules to be followed.
New Business
Item #3: Town Administrator’s Report
Peter Flynn reported that the Old Concord Road Sidewalk Project is moving along; Tom French is finalizing drainage and culvert work. Bids for the project should be out in 6 weeks, and with a two-week review process, a contractor should be chosen by the end of June.
The Paper Mill Site Restoration Committee met with the whitewater rafting associations last night and received their wish list. It is likely the Department of Historical Resources will request an archeological study of the site before Gomez & Sullivan begin their engineering sitework.
Thea Braiterman reported that the Community Center continues to work on the Teen Center Rules and Regulations for the membership and how to gather information on teens using the place. The movie setup idea is still being worked on and the place is gorgeous. Ron Lavallee asked how much it would be to rent the place, and Thea said there is no rate for private individuals yet; however the upstairs is being rented for classes at $20 for three hours.
Peter Flynn reported that he will be meeting Bob Barry on the Ramsdell Road Bridge next week. The Space Options Committee has chosen Ron Lavallee as Chair and met last Monday. They are seeking more members. The Board confirmed this committee will look at renovating the town hall as one of the options for more office space.
The Proctor Square Stop Sign project is moving ahead; the permit has been approved by the State. Joe Damour is working on the drainage issue on Western Avenue and the Morse property. The Revaluation contract has been reviewed by Town Counsel; comments have been forwarded to Vision for their response.
The Pay As You Throw and the Transfer Station issues have already been discussed this evening. The Rescue Ambulance has been ordered, as previously approved by the Board. The Road Improvements Plan was printed in the Outlook, as discussed, and the Town Meeting Committee is being formed. An invitation to join will be sent to all SB2 signers and hopefully the Committee will begin meeting within the next few weeks. The Economic Development Committee is also still being worked at this time.
Item #4: Selectmen’s Reports
Thea Braiterman requested the Board discuss term limits on board-appointed town committees at the next meeting.
Rod Pimentel requested the traffic situation on Old Concord Road be addressed, since people, in particular, students, are starting to park along the road due to either poor parking conditions or other reasons. Peter Flynn agreed to work with the New England College to resolve this issue.
Tom Watman requested the Recycling Committee look at the traffic flow of the Transfer Station, should recycling increase with future efforts. It is hard to get through that area, at times.
Item #5: Permits for Signature
Intent to Excavate: Pike Industries, Old Concord Road
French, Richard; Old Concord Road
Dobbins, Suzanne; Colby Crossing Road
Sign Permits: Mobil On the Run
Edward Jones Investments
Henniker Farm and Country Store
Trench Permits: PSNH; Bradford Road
Driveway Permits: DaCosta, Daniel; 28 Gulf Road, re-paving
Gagnon, Louis; 77 Hemlock Corner Loop, new house
Item #6: Abatements/Other Signatures
Refund: Edwards, Judith; Mortgage service overpaid $734.00
Abatements: Richardson, Roy – duplicate bill, $1,526.00
S& K Family Builders LLC – duplicate bill, $171.60
Land Use Tax Warrant
The sum of $32,792.00 to be collected:
Dur, John
Towle, Ryan
Hecox, Mark & Rebecca
Miller, Kirk and Victoria
Foster, Thomas and Bell, Patricia
Letter of Commitment: Hazardous Waste Day
A motion to adjourn was made at 7:20 PM
Sincerely,
Amy Jowers, Clerk to the Selectmen
BOARD OF SELECTMEN
TOWN OFFICES
Present: Joe Damour, Rod Pimentel, Thea Braiterman, Peter Flynn, Tim Russell, Carrie French, Matthew French, Jo French, Roger French, Cathy Murdough, Heather Durfey, Lloyd Hendersen, Cordell Johnston, Bob Pennock, Tom Watman, and Ron LaVallee.
The Pledge of Allegiance was recited at 6:15 p.m.
Appointments
Item 1: Police Chief Tim Russell: Promotion Ceremony for newly appointed Sergeants Ryan Murdough and Matthew French.
Joe Damour read the appointment letter promoting Patrolman Matthew French to the position of Patrol Sergeant. Officer French, was sworn in by Kimberly Johnson, Town Clerk. Chief Russell presented the Sergeant stripes. The promotion is effective June 1, 2004.
Joe Damour read the appointment letter promoting Detective Ryan Murdough to the position of Detective Sergeant. As Detective Murdough in on military activation serving in Iraq, Cathy Murdough accepted the Sergeant stripes on his behalf. This appointment was effective April 1, 2004.
Public Forum
Cordell Johnston, resident on Shaker Hill Road, asked for a clarification on the ATV policy for travel on Class VI roads. He stated he maintains an area of road before his home and has some minor issues with someone creating deep ruts in the road.
Joe Damour stated the policy, as created last year, is that ATV travel is permitted on all Class VI roads that are posted as such by the ATV club. There is also a speed limit and travel is not permitted during mud season. May 23 is the speculated date when ATV travel is permitted to begin for the 2004 season.
Peter Flynn gave a copy of the minutes from last year’s Board of Selectmen meeting and additional information to Mr. Johnston that could address his concerns.
Appointments
Item 2: Bob Pennock: Finalization or review of Transfer Station rules and policies.
The Board reviewed suggested changes to Chapter 101 of the Henniker Code book, as adopted in 1994. Joe Damour suggested minor changes to Article 101-16 (3)- User Fees. Bob Pennock suggested Article 101-10 (4) should be changed from 22.5 inch tires to 24 inch as the maximum size.
A public hearing will be scheduled for final review of the document. A tentative date is May 2, 2004.
Ron LaVallee asked if the rules will be in effect and enforceable after the revised document is approved. Joe Damour stated they would be.
There was a brief discussion of fees being paid by residents on Old Warner Road on the Henniker/ Warner town line. Bob Pennock reminded the Board he still needed a document outlining the long-standing arrangement with the four families.
The Board clarified the policy for accepting solid waste from businesses. If the business generates the trash at the Henniker location, it is accepted. A local business cannot use the transfer station for trash generated from another site the Henniker business may own.
Old Business
Item 3: Review of draft minutes from April 13 and January 27, 2004
Peter Flynn noted changes suggested for the April 13 minutes.
MOTION by Joe Damour to accept the minutes of April 13, 2004 as amended.
Seconded by Thea Braiterman and unanimously approved 3-0.
MOTION by Joe Damour to accept the minutes of January 27, 2004 as written.
Seconded by Rod Pimentel and unanimously approved 3-0.
New Business
Item 8: Town Administrator’s Report
Peter Flynn didn’t have any new information on the Old Concord Road Sidewalk Project since last week’s meeting.
The next meeting of the West Henniker Paper Mill is scheduled for May 3. Two white water rafting clubs will present their ideas for use of the site.
The upstairs of the Community Center is booked for several events. The sub-committee for the drop-in teen center is still working out the details for policy and procedures to be open on a regular schedule. The center was open for a few hours last Friday with 15 teens stopping in to play pool and ping-pong.
Peter Flynn reported no new news on the Ramsdell Road Bridge Project. **
The Space Options Study will meet Thursday, April 29 at the Grange.
The process for the Proctor Square Stop Sign is moving along fine.
Joe Damour met with Tom French to resolve the drainage issue on Western Avenue and the Morse property in particular.
The Contract for the Revaluation proposal has been sent to town counsel for final review.
Peter Flynn stated any scheduled road improvements will be announced in advance in the OUTLOOK.
Notice of scheduled meetings for the Town Meeting Committee will posted in local paper. Residents that showed an interest at the SB2 Article public meeting will be invited to be on the committee.
Peter Flynn reports progress of the Economic Development Committee. He will be meeting with a local resident who was involved in the Pease Development in early May.
There will be an article in the next OUTLOOK about the skateboard park closing at dark.
Item 9: Selectmen’s Report/Concerns
Thea Braiterman asked the other members to consider term limits on appointed committee members. This issue was brought to her attention and would like to schedule this as an agenda item to be discussed at a future meeting.
Rod Pimentel suggested the Highway Safety Committee review the redesign of the crosswalks on Main Street. He asked if the Board could view the original design of the downtown crosswalks. Joe Damour stated Bob Seaman was the engineer for that project. The crosswalk between the Lucky Star restaurant and the Citizens Bank was of particular interest.
Item 10 & 11: Signatures and Abatements
Appointments
Henniker Police Dept.; Sgt. Ryan Murdough and Sgt. Matthew French
Intent to Cut- Drennan, Robert College Hill
Refund- Rock-N-Birch, Raymond Panetta
Timber Tax Levy- Ward, George;$499.75
Patenaude Properties $260.15
Patenaude, Wayne $341.67
Aucoin, Farms $339.96
Sign Permit- Clarke, Bob; John Stark Expo
Invoice Form- State Forest Fire reimbursement for 2 forest fires
Next Meeting May 2, 2004
Ron Lavallee suggested May 15 as Downtown Clean-Up Day. He will contact the State for the special blue bags. Rod suggested he speak with the Rotary Club to help coordinate groups of citizens for the project.
Peter Flynn presented a lease agreement to extend the Henniker District Court’s lease from July 1, 2004 until July 1, 2005.
MOTION made by Joe Damour to extend the lease agreement as stated.
Seconded by Rod Pimentel and unanimously approved 3-0.
A motion to adjourn was made at 7:10 p.m.
Respectfully submitted by
Gail Abramowicz
BOARD OF SELECTMEN
TOWN OFFICES
Present: Joe Damour, Rod Pimentel, Thea Braiterman, Peter Flynn, Tom French, Rocky Bostrom, Lloyd Henderson, Cathy McComish, Tim Russell, Heather Durfey, Ron Lavallee, Stephanie Marchut Lavallee, John Margeson, Beth Allen, Tom Watman
The Pledge of Allegiance was recited at 6:15 PM.
Under the authority of State Law, Joe Damour swore in Rod Pimentel for a 3-year term as Selectman for the Town of Henniker:
Roderick Pimentel was sworn in as Selectmen by Joe Damour.
Public Forum
Tom French; Rescue Chief requested the Board’s approval to enter into negotiations with the Professional Vehicle Corporation (PVC) to purchase an AEV ambulance, which includes a cot and a defibrillator. Mr. French explained that this early purchase request is necessary because the Ford Company has announced that all orders for 2004 body styles must be placed by April 20, 2004. He noted the lengthy procedures the Rescue Department took to reach this decision, including meeting with all potential vendors, discussing warranty issues and interviewing for compatibility in a working relationship.
MOTION by Joe Damour to authorize the Chief of the Rescue Department to enter into negotiations with the Professional Vehicle Corporation (PVC) for the purchase of an AEV Ambulance under $160,000. Seconded by Thea Braiterman and unanimously approved 3-0.
Mr. French noted that Rocky Bostrom and others in the Department had worked many hours to achieve this goal and he wanted to publicly acknowledgement this commitment.
Ron Lavallee asked about the changes to the Transfer Station policy and if notice would be given to the public when these changes would take effect. The Board confirmed there would be a public announcement of this effective date.
Mr Larry Homo requested the Board’s approval to extend his final tax payment for 2000 to April 23, 2004. The Board agreed to this extension and thanked him for returning to ensure this was acceptable. Mr. Damour confirmed that this removes the lien on the 2000 taxes, but that it would be placed back on his land if 2001 taxes were not paid on time.
Appointments
Item #1: Chief Tim Russell
*Skateboard Park Issues: Chief Russell distributed pictures showing the graffiti and trash at the Skateboard Park and requested that the lights be turned off at night unless there is adult supervision. At night is when this park has problems. Beth Allen expressed her disappointment that members of this Committee had not attended this evening; this was their park. She also believes that adult leadership is needed for the park to continue; she expressed concerned about where the kids will hang out when this park is closed at night. The Board discussed the safety issues of this request, and agreed that this could be an interim measure. The Board further requested the Skateboard Park Committee schedule a meeting to address these issues and recommend solutions to move forward. Peter Flynn agreed to contact the New England College President to discuss a "clean-up" day for the park.
*Retirement Letter for Sgt. Paul: Chief Russell distributed the retirement letter from Sgt. Paul effective May 31, 2004. He informed the Board of the party for him on June 12, 2004 at the Simon Center.
*Police Department Restructuring: Chief Russell referred the Board to his previous discussion with them to restructure the Police Department. He recommended promotions for two current officers.
MOTION by Joe Damour to accept the recommended promotions of Ryan Murdough to Detective Sergeant, effective April 1, 2004 and Matt French to Patrol Sergeant, effective June 1, 2004. Seconded by Rod Pimentel and unanimously approved 3-0.
Chief Russell requested an official promotion ceremony at the next Selectmen’s meeting, with Mr. French and the family of Mr. Murdough (as he is in Iraq). The Board agreed.
*Clarification of Highway Safety Committee Role re: Old Concord Road Sidewalk Project: Chief Russell explained his concerns about the mission of the Highway Safety Committee, particularly with the Cheshire Oil project and the Old Concord Road Sidewalk Project. It was his understanding that the Committee advises the Board as instructed, and does not operate independently. Yet, the Warrant Article on the Sidewalk Project is based on the Committee’s approval. The Board agreed the Highway Safety Committee serves only as an advisory board to the Selectmen, and as such, will be given a variety of requests to review projects for safety reasons, as with the Sidewalk Project. Its assignments will be on a case by case basis, but will not have any other role other than to assist the Board of Selectmen. Chief Russell agreed to schedule a meeting on the Sidewalk Project, inviting Tom French to attend to discuss the Sidewalk Project. He also agreed to draft a mission statement for the Committee to clarify future work.
Mr. Russell requested the Board’s approval to sell a used cruiser to the Town of Weare instead of sending it to auction. The Board reached a consensus through discussion that it should be offered to the Town of Weare for blue book value; if they did not purchase it, it could go to auction.
Public Forum
There was a brief additional discussion on the Skateboard Park with Shelly Wilson regarding her concerns about where kids will go when the park lights are turned off. She was not sure this was the best solution. The Board noted this was an interim measure but that the Skateboard Park Committee would be responsible for recommending another solution.
Item #2: John Margeson
*Review of Road Projects for Summer: John Margeson reviewed the first road projects for the summer, Cote Hill to begin this Monday. He referred the Board to a previous discussion that he would use extra fill from the Cote Hill project on the Western Avenue road, beginning after the twin bridges. Mr. Margeson said he is in the process of notifying the landowners on Western Avenue of the upcoming project. He requested the Board’s approval to use any extra fill from this project on Colby Street Crossing. The Board agreed. Rod Pimentel requested these projects be written about in the April Outlook and Peter Flynn agreed to add this information. The Board discussed with Mr. Margeson the repair of gravel roads, Emerson Way, Newton Road, and the final part of the Oaks. Mr. Margeson also confirmed the trench permit for the Proctor Square Stop Sign project has been processed. The wheelchair ramps in this area should also be addressed and the Board agreed.
*Equipment Request: Mr. Margeson requested the Board’s approval to purchase a compactor, with the trade of a tractor, from Knoxland Equipment, Inc. The current compactor has broken and would be too costly to fix. Knoxland Equipment is interested in a trade for the tractor the Highway Department was planning to take to auction.
MOTION by Rod Pimentel to accept the bid by Knoxland Equipment, Inc. to purchase a Terex 450 Vibratory Rammer for $200 and the delivery of a Massey Ferguson 135 with mower tractor. Seconded by Thea Braiterman and unanimously approved 3-0.
Mr. Damour suggested the Highway Safety Committee consider the Proctor Square area and the possibility of removing the crosswalk between the bank and the Chinese restaurant. Mr. Pimentel requested consideration of making the area in front of the restaurant a sidewalk. The Board agreed to send both ideas to the Highway Safety Committee for their consideration and recommendation.
Mr. Damour noted that the snowmobile club may contact the town regarding the Ramsdell Road Bridge project to express their interest in continuing to use it for crossing. Mr. Margeson noted that the bridge may soon be signed that only passenger cars can use it until it is repaired. Peter Flynn noted that he has written to the State DOT to ask for a meeting and show the poor shape the bridge is currently in; hopefully to speed up the project on the State schedule.
Old Business
Item #3: Review Draft Minutes of March 2, 2004
MOTION by Rod Pimentel to approve the March 2, 2004 minutes, as written. Seconded by Thea Braiterman and unanimously approved 2-0. Joe Damour abstained from voting, as he was absent from the meeting.
New Business
Item #4: Organization of Board (housekeeping matters)
MOTION by Thea Braiterman to nominate Joe Damour as Chairman of the Board of Selectmen. Seconded by Rod Pimentel and unanimously approved 3-0.
Item #5: Board Requests for Representation to Various Committees and Boards
The Board agreed to keep current assignments, except for adding Rod Pimentel as the Selectman Ex-Officio to the Conservation Committee and adding Joe Damour to the Athletic Board.
Item #6: Discussion Concerning Appointment of Committee to Recommend Options for Town Meeting Changes and Improvements (i.e. Sat. vs. weekday, etc…)
Thea Braiterman noted that Cordell Johnston and Terry Stamps were interested in becoming members of a Town Meeting Committee to help improve attendance at them. Joe Damour recommended that the petitioners for SB2 be notified to see if they were interested in joining this committee. The Board agreed to place this in the Outlook as well. Stephany Marchut Lavallee requested joining the Town Meeting Committee, and she was added to the list of potential members.
The Board discussed the current process to automatically renew current memberships if requested. There have been few openings on any committees lately. The Board agreed to start a list of interested residents in joining committees, such as the Budget Committee; this process could be added to the website as well. The Town Meeting Committee formation will be advertised in the meantime. Adding alternate members could also be a solution.
Item #7: Town Administrator’s Report
Peter Flynn noted the Old Concord Road Sidewalk project was discussed this evening. The Paper Mill Restoration Committee has met with the engineering firm, Gomez & Sullivan, to discuss how to proceed with their study and has set a schedule.
The Community Center Committee met recently to discuss the four or five events scheduled, such as a CPR and first aid class. The Committee also began to discuss using the top floor for adult events, including a movie night. Further research on this idea is needed before a decision can be made.
Mr. Flynn noted the Ramsdell Road Bridge project was already discussed this evening. The Space Options Committee is working on setting their meeting date. The Board agreed that the Audodesk option would be reopened. The Proctor Square Stop Sign was already discussed.
Mr. Flynn referred any questions about the Drainage issue to Mr. Damour. The Board agreed to have town counsel examine the Vision contract for the towns Revaluation project just to ensure it is set. The Craney Tower Committee is on hold for spring weather.
Lea from the Recycling Committee will be meeting with the Board next meeting to discuss the Pay as You Throw and other issues. The Stone Wall Complaint has been evaluated by the NHMA legal representatives and it seems there will be a challenge to the claim filed.
The Board Chairman and assignments have been decided this evening. Mr. Pennock will attend next meeting with a final draft of the Transfer Station Policy. The Rescue Ambulance project was discussed this evening, as was the Road Assignments and the Town Meeting Committee.
Mr. Flynn noted that he is working with a professional in the economic development field to help establish such a Committee in town. He will be meeting with him in early May.
The Board discussed the parking mapping issue and Mr. Flynn agreed to finalize that as soon as possible.
Ron Lavallee informed the Board that the Recycling Committee will soon be presenting an idea to schedule a town-wide cleanup day in order to eliminate the litter and trash on the ground now that the snow has melted.
Item #8: Selectmen’s Reports
(No reports or concerns to discuss.)
Item #9: Permits for Signature
Intent to Cut: Patenaude; Lot 539-C and 103-X
Foster, David; Lot 605-A, 605 and 615
Michie Corp.; Lot 587-A
Building Permits: French, Bob; Addition
Landcastle, Craig; Addition
Mario, Roy; New House
Timber Tax Levy: Dennis Roberts: $376.43
Estate of Vincent Barletta: $6,436.19
Goss, Kathleen and Patenaude, Rodney: $755.70
Lance Moulton: $4,532.04
Paul Bennett: $925.15
James Connor: $281.48
Daniel Paul: $2.18 (not to be collected – under $10)
Item #6: Abatements/Other Signatures
Abatements: Edwin A. and Sarah L. Bisson: $1.52 sewer balance due
Appointment: Committee Appointments for 2004
The Board unanimously approved all Committee assignments, as proposed:
Budget Committee: Carl Hamel, Sr.
Daniel Aucoin
Conservation Committee: Holly Green
Martha Sunderland
Denise Rico
Peter Walker
Kristen Claire
Veronica Hardy
Dawn Nelson
Fair Hearings Authority: Martha Taylor
Larry Colby
Jean-Louis Nicknair
Highway Safety Committee: Steven Connor
Ronald Taylor
Historic District Commission: Brenda Connor
Martha Taylor
Arthur Kendrick
Planning Board Committee: Gail Abramowicz
Geoffrey Hirsch
Don Armstrong, Alternate
Kristen Claire, Alternate
Recycling Committee: Larry Parrish
Zoning Board of Adjustment: Doreen Connor
Joan Oliveria
Stephany Marchut-Lavallee
Refund: Ralene St. Pierre: $42.78 overpayment of taxes, July 2003
Warrant to Collect Tax: Foster, David: $321.20, $68.50 and $66.04
Patenaude, Rodney: $3,334.78 and $789.64
A motion to adjourn was made at 8:00 PM
Sincerely,
Amy Jowers
Clerk to the Selectmen
BOARD OF SELECTMEN
TOWN OFFICES
Present: Rod Pimentel, Thea Braiterman, Peter Flynn, Bob Pennock, Shawn Richard, Tom Watman, Lloyd Henderson, Kristen Senz, Stephany Marchut Lavallee
The Pledge of Allegiance was recited at 6:15 PM.
Rod Pimentel announced that Joe Damour was out on an emergency and may arrive later in the meeting.
Public Forum
(Held open.)
Appointments
Item #1: Marghie Seymore – Presentation from NH Beautiful
Bob Pennock informed the Board of the $1,500 contribution from NH Beautiful to help purchase the roll-off truck system for the Henniker Transfer Station. This non-profit organization has donated $12-15,000 to Henniker over the years to promote recycling.
Item #2: Bob Pennock – Review Suggested Updates for Transfer Station Rules and Policies
Mr. Pennock presented the suggested changes to the Transfer Station Rules and Policies. The Board accepted the majority of them, with the exception of a few corrected grammatical phrases and the following: add language listing the fees and/or where these fees are posted at the Transfer Station and that they are available on the website; add language stating that animals are not allowed outside vehicles at the Station. Mr. Pennock was requested to amend the document and return for a final review at the April 20th meeting.
New Business
Item #3: Organization of Board (Housekeeping Matters)
Due to the absence of Mr. Damour, the Board agreed to table this item until the next meeting.
Item #4: Board Requests for Representation to Various Committees and Board
Due to the absence of Mr. Damour, the Board agreed to table this item until the next meeting.
Item #5: Review of Revaluation Proposals and Recommendations – Possible Award of Contract
The Board reviewed the revaluation proposals. Mr. Flynn explained that Vision is being recommended by the finance and tax employees because of the company’s excellent service and good pricing.
MOTION by Rod Pimentel to award the Revaluation Contract to Vision. Seconded by Thea Braiterman and unanimously approved 2-0.
Stephany Marchut Lavallee asked what the savings are for this contract award, and the Board stated that the anticipated costs of $180,000 for a revaluation had been reduced to about $140,000, including administrative costs.
Item #6: Town Administrator’s Report
Peter Flynn informed the Board that Tom French, from Hoyle, Tanner & Associates, is moving ahead with this project based on the Town Meeting vote to finish the Old Concord Road Sidewalk project. Mr. French is setting up the process for preparing bid specifications. The Paper Mill Restoration Committee is also ready to proceed with its project based on town approval of its funding. Gomez & Sullivan has been hired for this project and he will continue to report on this progress.
The youth dance has been cancelled at the Henniker Community Center due to conflict in other events, however, the Committee continues to gather materials to use at the Center, and a recent large donation came from Patenaude Stone, to resurface the kitchen floor. Thea Braiterman noted the advice offered by the NH Municipal Association regarding the liability in running a youth center in town; the seriousness of these issues has slowed down events, and policies will have to be developed to address those who do not follow the rules.
Ms. Lavallee asked about user fees to be paid by private companies. Mr. Flynn responded that the basement will only be available as a youth center. The upstairs can be used by residents, but not for profitable ventures. There is a person booking events with a process for signing up to use this building. It has already had tremendous use.
Mr. Flynn reported that with Town Meeting approval, the Ramsdell Road Bridge project will move ahead, although he will need to research the impact of the amendment passed at the Meeting that broadens the scope of this project.
The Space Options Committee will meet April 12th to begin a search for office space for the town. John Margeson, the town Road Agent, has submitted the necessary permit requests and has made the Proctor Square Stop Sign a top priority project for the spring. He should have estimates on cost at the next meeting, along with a construction date.
The Rob Morse Drainage issue will be addressed this year. The town Revaluation project bid was awarded this evening by the Selectmen. The Craney Tower Committee is on hold for spring weather. The Pay as You Throw issue is ongoing. The Stone Wall Complaint is being handled now by attorneys. A Town Meeting Advisory Committee was established to examine ways to increase participation at the annual meetings and will be discussed further at the next meeting.
Mr. Flynn noted that Board appointments on committees will be made at the next meeting. The Transfer Station issues were addressed this evening. Mr. French is gathering responses for the rescue ambulance purchase. Mr. Flynn reminded the Board of the importance of notifying residents of major road projects this year. Mr. Flynn asked if the Board saw any need for town action on the GE Warrant Article Petition passed at Town Meeting. The Board said further action was not considered necessary.
Old Business
Item #7: Review Draft Minutes of March 2, 2004
MOTION by Thea Braiterman to approve the March 2, 2004 minutes, as amended. Seconded by Rod Pimentel and unanimously approve 2-0.
Public Forum
Mr. Flynn requested the Board’s approval to accept town counsel’s advice and direct him to assist Shawn Richard in having four tracts reflected on his deed for his property.
MOTION by Rod Pimentel to direct the Town Administrator to amend Lot 740 to reflect four (4) tracts that appear on Shawn Richard’s deed, per RSA 31: 95-A, and following the legal procedures as recommended by town counsel’s letter of March 12, 2004. Seconded by Thea Braiterman and unanimously approved 2-0.
Item #8: Selectmen’s Reports
Rod Pimentel reiterated his strong support for the completion of the Old Concord Road Sidewalk project, particularly in sharing town resources for in-kind contributions.
Item #9: Permits for Signature
Intent to Cut: Patenaude, Lot 305
Building Permits: Duclos, Robert; Build addition to garage
Bennett, Spencer; Demolition of barn
Item #10: Abatements/Other Signatures
Refund: Region IV Developmental Services Community Bridges
Transfer Station Authorization for 2004 Hazardous Waste Day
Trust Funds: Henniker Community Center
E. Benjamin Ayer
A motion to adjourn was made at 7:40 PM
Sincerely,
Amy Jowers
Clerk to the Selectmen
BOARD OF SELECTMEN
TOWN OFFICES
Present: Joe Damour, Rod Pimentel, Thea Braiterman, Peter Flynn, Joan Stambauch, Tom Watman, Lloyd Henderson, Kristen Senz
The Pledge of Allegiance was recited at 6:15 PM.
Public Forum
Joan Stambaugh requested the Board’s assistance in resolving a dispute about her business sign located in front of the Lucky Star restaurant. Her business doubled when it was there, because it let people know she was down the street. Peter Flynn clarified that the original sign was too large to conform to town regulations, and that the State had rejected her sign permit request based on a dispute about the ownership of the land in front of the restaurant.
The Board agreed she could continue to post her sign in front of the Lucky Star restaurant, as long as the owners did not oppose its placement and that she reduced the size of her sign to conform to regulation. She agreed to this decision.
The Board discussed the need to clarify the land ownership of this area and the triangle area at the intersection of Route 114 and Western Avenue, in the near future.
Tom Watman requested a more formal record of the Board’s votes and agreements in the minutes in order to accurately reflect actions taken at each meeting. The Board noted that motions are generally made when there is no paper documentation on the decision. It was also noted that some motions may not be legally necessary. However, the Board agreed that consistency is preferred throughout the recording of its business and agreed to take these suggestions under advisement.
Old Business
Review Draft Minutes of February 3rd, February 10th, and February 17th, 2004
MOTION by Joe Damour to approve the February 3, 2004 minutes, as amended. Seconded by Rod Pimentel and unanimously approve 3-0.
MOTION by Joe Damour to approve the February 10, 2004 minutes, as amended. Seconded by Rod Pimentel and unanimously approved 3-0.
MOTION by Joe Damour to approve the February 17, 2004 minutes, as amended. Seconded by Rod Pimentel and unanimously approved 2-0. (Thea Braiterman abstained from voting since she was absent from the meeting.)
New Business
Item #2: Review Motions by Selectmen for Town Meeting and other preparation matters
The Board assigned the Warrant Article motions to be made at Town Meeting. It was noted that an announcement would be made at the beginning of the meeting to clarify that the Board is recommending passage of Article #25, a notation that was omitted in the final printing of the Town Report.
Item #3: Town Administrator’s Report
Peter Flynn informed the Board that Tom French, from Hoyle, Tanner & Associates, will possibly provide a PowerPoint presentation at Town Meeting on the Old Concord Road Sidewalk project. The Paper Mill Restoration Committee is also planning to have a display at the Meeting to explain the need to approve the $50,000 Warrant Article to study engineering options for restoring the site.
The Ramsdell Road Bridge project is on hold pending the Town Meeting vote for the engineering funds request. The engineering contract is ready to be signed. The Space Options Committee is waiting for Town Meeting to finish before beginning their work. He met with John Margeson, the town Road Agent, to request that the Proctor Square Stop Sign become a top priority project for the spring. Mr. Margeson will begin applying for the necessary permits within the next few weeks.
It is possible there may be a private company hired to resolve Rob Morse Drainage issue. The town Revaluation project bid will be awarded at the next meeting. The Craney Tower Committee is on hold for spring weather. The Special Election for State Representative is being held today, and will therefore be removed from the active projects list.
The Pay as You Throw issue is ongoing. The Stone Wall Complaint is ongoing, with the NH Municipal Association compiling data on the issue. The Town Report is finished and mailed and will be removed from the active projects list. He noted the Henniker Herald would be distributed to the residents this weekend.
Peter Flynn requested the Board’s direction on a request from the Planning Board Consultant to hold a joint meeting of the Board of Selectmen and the Planning Board to discuss the parking situation downtown. He had researched town files but had not been able to determine if there was a signed agreement of the parking down by the river. Joe Damour stated that there was a written agreement and it would stipulate what businesses had responsibility for what parking spaces, and the number of spaces available to the public.
MOTION by Thea Braiterman to direct Peter Flynn to further investigate and document the downtown parking agreement with the town and businesses, including the number of parking spaces, the availability to the public, and the responsibilities of the town and businesses for maintenance. Seconded by Joe Damour and unanimously approved 3-0.
Peter Flynn requested the Board’s review of a request for the town to pay a snow plowing bill submitted by Daniel’s Restaurant.
MOTION by Joe Damour to reject payment of a snow plowing bill submitted by Daniel’s Restaurant because permission to obtain town payment was not requested before pursuing the service. Seconded by Rod Pimentel and unanimously approved 3-0.
Peter Flynn thanked Rod Pimentel for his service on the Board, noting that he wishes him the best of luck in his reelection bid.
Item #4: Selectmen’s Reports
Thea Braiterman reported that the Henniker Community Center Committee was working to schedule a teen dance on Friday, March 26, 2004, pending advice from the NH Municipal Association on the liabilities of the town and the volunteers. The NHMA will meet with the Committee next week to outline their responsibilities. If this is resolved, the dance will take place upstairs, with the food provided downstairs.
Rod Pimentel reported that he had attended the Henniker Business Association meeting. Peter Flynn had presented an excellent review of the 2004 Budget, which was appreciated. It was followed by a candidate’s forum with himself, Ron Taylor, Stephanie Marchut-Lavallee, Peter Russells. About 20-25 people attended.
Item #5: Permits for Signature
Intent to Cut: Lance Moulton
James Connor
Paul Bennett
Building Permits: Johnston, C. - seasonal porch
Lambert, R. – new house
Winn, R. – shed dormer
Fratini, P. – garage remodeled
Auger, M. – new house
Oliveria, P. – 3-season porch
Item #6: Abatements/Other Signatures
Appointment: St. Lawrence, Patricia: Ballot Clerk
Refund: S & K Family Builders, LLC
Michie Corp
Certification of Yield Tax: Mr. Clifford Eisner, $215.94
Patenaude Properties, $1,286.06
Mr. Jim Connor, $10,000.88
Raymond Panetta, $1,212.51
Warrant to Collect Yield Tax: $1,502.01
$11,213.40
Project Bid: Hoyle, Tanner & Associates
A motion to adjourn was made at 7:20 PM
Sincerely,
Amy Jowers
Clerk to the Selectmen
APPROVED
BOARD OF SELECTMEN
Present: Joe Damour; Rod Pimentel, Peter Flynn, Tom Watman, Lloyd Henderson, Martha Sunderland, Denise Rico, Mark Mitch, Kristen Senz, Debra Kreutzer, Lucy Davison, Ron Lavallee, Stephany Marchut-Lavallee, David Nelson, Catherine Roberts, Fred Kavalu, Jim McElroy, Ted Parkins, John Kjellman, Kristin Claire, Roger Gezelman, Gail Abramowitz, A. Abramowitz, Cordell Johnston, Judith Englander, Dave Gould, Angela Robinson, Sheila Evans, Scott Osgood, Karen Makocky-Philbrick, David Reid, Holly Green
The Pledge of Allegiance was recited at 6:15 PM.
Public Forum
No one present.
Old Business
Review Draft Minutes of February 3rd and February 10th, 2004
The Board agreed to table review and approval of the minutes until the next meeting.
New Business
6:30 PM – Public Hearing on SB2 Ballot Law
Joe Damour opened the meeting on Warrant Article #11: Shall we adopt the provisions of RSA 40:13 to allow official ballot voting on all issues before the Town. He explained this was submitted by petition of 25 or more registered voters and that it requires a 2/3 majority vote for passage. He opened the floor for discussion.
John Kjellman asked for the purpose of this hearing, since it seems to be a way to have a friendly discussion, but allows no ability to amend the Article. The Board stated that the purpose is to discuss and clarify the Warrant Article.
A resident asked for a clarification on the Article, since she was new to the town and wanted to know if SB2 will allow for a discussion on issues before a vote is taken. The Board confirmed that it will. The current process requires all Warrant Articles and budget proposals to be presented at Town Meeting for a discussion and a vote the same evening; SB2 Ballot Law will establish a deliberative session where a voter can amend and change Articles by a majority of attendees, but all votes are scheduled at a later date and made by private ballot.
Jim McElroy said that currently the Board of Selectmen receives input from advisory groups, then reviews all the proposals. All actions are done by elected officials, but with SB2, this is not true, any change can be made by any group of people and so responsibility is taken from the elected officials; he does not like this idea.
Ron Lavallee said he did not agree with this opinion; votes on Articles would just be done later; the budget would still be developed in the same way; the big difference is that the final votes are not at Town Meeting. It would be the same process as now for the John Stark budget.
Tom Watman said he has been notoriously against SB2 and presented research from the Independent Center of NH Center for Policy Studies: their statistics show that the danger with SB2 is that it leaves open the possibility of an unelected group making changes of what the town will vote on. A simple majority can change a Warrant and the only votes are final. He gave an example of what happened in Allenstown when a 16 to 16 vote at deliberative session cut out money for portable classrooms. He sees a big problem in that a small number of people can limit the final votes. It is true the ballot vote will attract larger numbers, but deliberative sessions have fewer attendees.
Roger Gezelman said there is fear of opinion and retaliation at Town Meeting. A very small percentage of the voting population attends this meeting, yet more people vote the day before.
Cordell Johnston said the Town Meeting is a legislative body; laws are made there and a resident can exercise the power to make laws. Every democratic system uses this process; all sides are heard, then votes are taken. SB2 is a deliberative session, and in theory the same, but no one will go to it; votes are done in seconds; he cannot believe anyone would seriously argue voting without information is better.
Several comments were made that not all voters could attend in one room if they all came, and that absentee ballots are part of a voting process, but that this is not allowed with a Town Meeting process.
Jean Durgin said she has been attending most Town Meetings; she finds information is there but also a lot of entertainment and a lot of intimidation. Last year she left when she opposed a certain proposal and received such a negative reaction from other residents. She would feel much more comfortable voting in private; there must be a better way than Town Meeting.
Stephany Marchut-Lavallee said information on town issues is readily available at all times through the town offices, the library, and the Internet. SB2 will remove the problem of not being able to attend. She is very informed and does not need to attend the Town Meeting to cast her vote.
A resident commented about the issues of babysitting and transportation needs for those attending Town Meeting. Mr. Johnston said if those services were offered, it would make holes in the argument that those people cannot attend the Town Meeting. He would be happy to help anyone with this need. Mr. Lavallee said that White Birch could offer these services. The Board noted that it does, but only one person used it last year.
Several comments were made that people do not get involved, but that Town Meeting does the same thing as a small majority at a deliberate session; absentee ballots were recommended. The Board noted that this is not a legal option for Town Meeting.
Mr. Kjellman said he opposes SB2 because he likes Town Meeting; he understands the intimidation issue, but it also gives a sense of community. Freedom is not free, and most who do not attend Town Meeting could come if they want. Town Meeting gets people involved, and it does not make it easier to vote without information. He has lived where town meetings don’t exist; they would send out voter packets, but they were not informative enough. Gail Abramowitz suggested holding the Town Meeting on a Saturday; Mr. Johnston said he had tried to get this approved several years ago.
Mr. McElroy said he understands the wish for secret ballots, but this option is available now at Town Meeting. He has lived in areas without town meeting; then you need to rely on informational packets and they tend not to be as detailed. The Town Meeting is a tradition; other forms of government are available to make it easier to participate; there may be alternatives to study.
Mr. Johnston listed other forms of government that could be adopted through a charter commission: Town Council, Official Ballot Town Council; Budgetary Town Meeting; Official Ballot Town Meeting; Representative Town Meeting. He commented that if people believe the current government is not acceptable, then maybe the town meeting process should not be kept.
Mr. Watman said the NH Center for Public Policy Studies on Politics recommends this charter process as a way to improve the town meeting form of government. There is a difference in Town Meeting attendance: records show 9.2% voters at town meeting; 6.2% at the school meeting; and, 2.3% at deliberative sessions. This last choice can limit ballot choices. Investigating other forms of government is an option.
Several comments were made regarding the greater number of registered voters participating in the ballot voting, but not the Town Meeting; that this process worked well when residents did not work at night; it is important that everyone get to vote.
Mrs. Lavallee said the charter option will just dilute the system. SB2 is about a democratic process; in this day and age information is readily available; SB2 allows voters to go at their convenience. In general, there is not a lot of information given at the Town Meeting. Mrs. Abramowitz asked about the timeframe between the deliberative session and the final voting day; the Board confirmed it is 6 weeks. Mr. Lavallee noted that this time allows the Town to complete the administrative work to get ballots ready.
A resident commented that the wording of an Article can be just as important as the final vote on it. It would be important for voters to attend the deliberative session. Ms. Lavallee said very little changes occur on Warrants now at Town Meeting. Last year, the session went until 12 midnight, and this is not good; one issue gets more votes because it is done earlier in the evening.
Mr. Watman said the typical town still has issues of participation with SB2: 28-29% has voter turnout at the ballot; 9.2% at town meeting and 6.1% at school. The formulation of what is voted on can be negatively affected by a small number of voters at deliberative session. At the regular town meeting, the proposal is presented by the elected officials and it can be changed and then voted on.
Several residents noted that SB2 allows for a greater voter turnout, while participation currently can only happen at Town Meeting; 30% voter turnout is good at this time.
Sheila Evans said she opposes SB2; she works in the legislature and has talked to the representatives supporting it; it was a way to get out the vote and also to get spending reduced. It is human nature to vote no on budgets if they are not understood; then the infrastructures suffer from budget cuts. At Town Meeting, the big issues get close votes; there is not a domination at town meeting because nothing is ever crazily done; there is not a party division nor an economic division.
Mr. McElroy said that SB2 removes responsibility from the elected officials. Ms. Lavallee disagreed and Mr. Johnston said the only difference is that voting takes place later under SB2; the responsibility of warrants is not removed from elected officials.
Scott Osgood asked what is broken for the town to change the current system. A lot of work is done to present these Articles to the town. Those who care about these issues attend Town Meeting. This town is in good shape. Everyone knows what others think as these issues are debated.
A resident said he has been here 30 to 35 years; he is a voter, a landowner, he has attended 12 town meetings and he cares. But he has not been able to attend the other years because of his work. He feels as a taxpayer he has been disenfranchised because he cannot vote; he wants that option; he is informed and wants to vote. Ms. Lavallee said she has lived here since 1998; she does not know anyone who votes that is not informed and cares; it is a privilege to vote; information is available; we can make informed decisions without a town meeting.
Mr. Watman said hearing the conflict of ideas is great, especially when the pros and cons are presented. Local participation goes beyond voting on an issue, it is framing and debating the differences. The current system provides these options. SB2 is a good option if you are well informed, but he does not believe that is true for everyone. Proponents of SB2 favor budget cuts. John Stark is a good example of what can go wrong. Ms. Lavallee said John Stark has issues beyond money; she is informed and this is not about money.
Kristen Claire said she is involved, but she sees the same people attending meetings in town. A resident said that there are over 2,500 voters in town and he resents it when people decide if he is informed enough to vote; the town meeting system carries on that attitude; it is not up to anyone to judge someone’s knowledge; SB2 maximizes the voting.
Roni Hardy said she opposes SB2 because she herself cannot attend all the meetings in town to be informed. She wants voters to be informed.
Mr. Lavallee said he researched on the tracking of voting in the last four years: 650 votes were averaged at the polls, but no numbers at town meeting are kept except for the last year. In 2003, 245 people signed in, but there is no guarantee on the vote counts; no record; no numbers for past years; it is incumbent on every citizen to get informed and involved. Ms. Evans said when votes are taken at Town Meeting, the count is recorded.
Mr. Osgood said it is great to have all that time to go to meetings, but at town meeting he trusts the elected officials. There is more power of a vote than with a ballot, because persuasion at town meeting is available. Kathy Makocky-Philbrik said she is concerned that some believe that if you are not informed you are not allowed to vote; you are still entitled to a vote. Several comments were made that there are uninformed voters everywhere; everyone should have their voice. Mr. Johnston said if we had a U.S. Congressman who did not study the issues we would consider them irresponsible; you will be more informed at town meeting than on your own; we all know this.
Mr. Lavallee said the Town Report is sent to everyone. There is not much elaboration at town meeting; to new people it is not easy to get up and ask questions. A resident commented that she would feel bad that the youth would miss out on town meeting. Mr. Kjellman reiterated that town meeting gives a sense of community.
Ms. Abramowitz asked about the criteria for passage under SB2, and the Board confirmed that is 60% of the vote.
Hearing no other comments, Mr. Damour closed the Public Hearing at 7:40 PM.
7:41PM – Public Hearing on Warrant #12
Joe Damour opened the Hearing to discuss: if the Town will vote to deposit fifty percent (50%) of the revenues collected pursuant to RSA 79-A (the Land Use Change Tax) into the existing conservation fund in accordance with RSA 36-A: 5 III as authorized by RSA 79-A: 25 II, said funds to be used for conservation land and easement acquisition and costs associated therewith to protect the rural character of Henniker.
Joe Damour opened the hearing for discussion.
Martha Sunderland gave background to this Article, explaining that money is brought into the town via a penalty tax whenever land is taken out of Current Use. It now goes back to the general fund, but this Article allows fifty percent of it to be given to the Conservation Committee for land conservation efforts, such as helping to get easements, restricted covenants, fees associated with surveys, and matching funds on property. These funds will give the Conservation Committee options it does not currently have; the Committee would be required to bring all spending requests to the Board of Selectmen for approval.
In answer to several questions, Ms. Sunderland confirmed that these funds would only come from the Current Use penalty tax. Last year, $10,810 was raised by this penalty tax and the year before it was $46,735. As the town experiences more development pressure, more money will be available to help conservation efforts. Currently, individuals pursue their own efforts to preserve certain pieces of land, but preserving open space is part of the town’s Master Plan. Ms. Claire commented that this Article will help to preserve harmonious development and the rural character of the town, which is also part of the Master Plan.
Mrs. Abramowitz asked where the Committee’s other funding comes from, and the Board noted that all unspent funds from conservation projects are kept in the Committee’s fund for later use, for example, the Natural Resources Inventory left $200. Ms. Sunderland noted that private gifts are also accepted.
Ms. Sunderland gave an example of how this fund could help with conservation, telling the story of a land owner who had approached the committee for help in purchasing abutting land to his property and a town-owned section; he wanted to place a conservation easement on it, which required a survey. The Committee could not help him, and 30-40 acres were left unprotected to development. She also noted that without this legislation, the Committee cannot participate in the LCHIP program.
Mr. Johnston expressed his strong support for this Article; 53 new lots were approved for development in 2003, and this would give the Town a very good opportunity to balance this out. Ms. Makocky-Philbrick expressed support for the Article because of the development pressure the town is experiencing. Ms. Hardy said she echoes these comments. Taxes will go up with new lots; conservation and open space costs us less, but taxes are still paid on it. Denise Rico said this is a very popular way to save for conservation; currently 55% of towns in the southern part of the state use this process.
Mr. Osgood asked about the approval process and the Board confirmed that all spending would be approved through them. A public hearing could be required depending on the type of action being requested. Mr. Kjellman asked about easement and differences in taxes. Ms. Sunderland said that a property easement reduces the value of property and hence taxes. Mr. Osgood expressed concern about using public funds for helping a private individual. Ms. Sunderland responded that it will help to have open space preservation, which benefits the public. The Board noted that adding any additional funding would require a Warrant Article.
Hearing no other comments, Joe Damour closed the public hearing at 8:00 PM.
A motion to adjourn was made at 8:00 PM
Sincerely,
Amy Jowers, Clerk to the Selectmen
Tuesday, February 10, 2004
Present: Joe Damour, Chairman; Rod Pimentel, Thea Braiterman, Peter Flynn, Tom Watman, Lloyd Henderson, Martha Sunderland, Denise Rico, Mark Mitch, Bob Pennock, Pete Fernandes, Ron Lavallee, Stephany Marchut-Lavallee, John Kjellman, Lori Grob, Helga Winn, Wayne Colby, Tim Russell, Sam Kjellman, Dawn Nelson, Marty Davis, Leon Parker, Dottie Kelsey, Kristen Senz, Jon Evans, Cynthia Marsland, Robert Morse, Cheryl Morse
The Pledge of Allegiance was recited at 6:30 p.m.
PUBLIC HEARING
Joe Damour, Chairman, opened the Public Hearing on the 2004 Municipal Budget as prescribed by RSA 32:5,I,V to discuss and review all appropriations, including special warrant articles.
Mr. Damour summarized that several cuts had been made at the previous meeting, and the new budget numbers, with the anticipated revenues, were expected to result in a $12 or under tax rate.
The Board agreed to review each Article scheduled to be discussed and voted on at Town Meeting, noting that Articles #1-11 are scheduled to be voted on the ballot.
Article #12: Allow 50% of revenues collected by the Land Use Change Tax to be deposited into the Conservation Fund to protect the rural character of Henniker
The Board noted this Article by law requires a vote by paper ballot at Town Meeting. The Board clarified that 16,853 acres are held in Current Use at this time. An annual cap was proposed but held for further discussion at Town Meeting. Sam Kjellman asked about the possible uses of these funds. Martha Sunderland explained they can include placing easements on property, paying for surveys, and matching funds to purchase property for preservation. All appropriations will need Board of Selectmen approval.
Article #13: Old Concord Road Sidewalk Project
The Board noted that $4,500 is being held in a capital reserve to improve the Old Concord road as part of this project; it expires in one year. Tom Watman asked if the redesign of this project needs another Town Meeting vote. After discussion, the Board agreed the Article needs rewording to reflect the accurate vote history on this project.
Article #14: Police Department
John Kjellman expressed his view that this budget increases every year, and maybe there are jobs that can be done by other people, such as delivering subpoenas. Police Chief Tim Russell said that the law requires subpoenas to be delivered in hand; the Board noted their agreement with this current procedure. Thea Braiterman proposed reducing the Building Maintenance line item by $1,000, to keep it level funded and help the process to reduce the budget. Ron Lavallee stated his opposition to this since these funds will repair the garage doors that need a safety catch. He proposed a range of other cuts. The Board discussed options to reduce the budget: by line item, across the board reductions, or by Warrant Article reductions. The Board agreed to table this proposed cut until review of the budget was completed.
Article #15: Police Department Maintenance Fund
There were no questions or comments presented.
Article #16: Animal Control Department
The Board clarified that an independent contractor is paid to handle all animal issues in the town.
Article #17: Rescue Squad/Fire Department
There were no questions or comments presented.
Article #18: New Ambulance
The Board noted that this is a replacement vehicle, not an addition to the Fire/Rescue Department.
Article #19: General Municipal Operations
Tom Watman noted the absence of funding for an Economic Development Committee. The Board discussed previous efforts to have an active Committee. Mr. Watman and John Kjellman urged the Board to restore this Committee, since it will help the town to be proactive to property development, find out what works to attract business into town, and balance conservation efforts to keep the rural character of the town. The Board agreed to restore this item with funding.
Ron Lavallee expressed his view that many of these budgets could be further reduced. Joe Damour explained his view on budget management, that department heads have proven trustworthy to spend only when necessary and to return money at the end of the year if possible. He noted that unspent funds are returned to the general fund to reduce next year’s tax bill.
The Board noted that $10,000 can be cut from the Tax Anticipated Interest line item.
Article #20: Road Improvements – Highway Block Grant
There were no questions or comments presented.
Article #21: Town Roads Reclamation
The Board noted that this budget was reduced to $45,000, a 50% reduction. These funds will continue to help the Highway Department catch up on road repairs. John Margeson, the Road Agent, confirmed he could arrange his projects to meet this budget reduction. Robert and Cheryl Morse noted the unfinished look to the sidewalk done on Western Avenue. The Board noted that a contractor builds these sidewalks to ADA code and a certain curb height, but the final look depends on the landscape.
Article #22: Highway Department, Street Lights, Highways and Streets
There were no questions or comments presented.
Article #23: Ramsdell Road Bridge Project
The Board noted that $40,000 was raised last year for the restoration of this bridge as part of the town commitment to a scheduled State project in 2006. Sam Kjellman urged the Board to make sure the entire picture of this route is taken into consideration – for pedestrians, truck traffic, and ensuring that the downtown intersection is given some relief of traffic flow. The Board confirmed that the approach to this bridge will be part of this project. Thea Braiterman urged him to make his comments at Town Meeting.
Article #24: Solid Waste Department
Ron Lavallee asked about the new computer, freon, and glass recycling line item, and Bob Pennock explained the cost savings of this program versus buying equipment to destroy it. John Kjellman expressed concern at the town’s reluctance to provide a greater incentive for recycling. The Board confirmed the Recycling Committee is working on that issue.
Article #25: Wastewater Treatment Plant
Robert and Cheryl Morse asked about the possibility of extending the sewer system in town. Joe Damour explained the process of extensions, that individuals have purchased this access, and so have some builders for their homes; it can also be requested by a Warrant Article. In addition, all funds raised for this department remain in its fund, unspent, until necessary.
Article #26: Cogswell Springs Water Works
Robert and Cheryl Morse asked about the need for an administrative secretary to relieve the hours for water works personnel, but Joe Damour stated that there is not enough work to keep one person busy; overtime is a natural part of the job in servicing the customers.
Article #27: Revaluation
The Board confirmed savings of $20,000 because the current bids are projecting a reduced cost for this project.
Article #28: Henniker Community Center Trust Fund
The Board confirmed this is to establish a Trust Fund to accept private donations, up to $4,000 having been raised so far for this purpose. The Selectmen authorize all expenditures from this Fund. Peter Flynn noted that this information and a request for donated items will be placed in the Henniker Outlook.
Article #29: Tucker Free Library Fund
Wayne Colby confirmed that the Library Trustees, on an informal basis, have agreed to reduce this Article to $5,000; the Board noted that this reduction can be done at Town Meeting.
Article #30: Tucker Free Library
There were no questions or comments presented.
Article #31: Tucker Free Library Needs Assessment Study
The Board confirmed that this Article is expected to fund an eventual building fund for the library’s space needs.
Article #32: Engineering Study for Paper Mill Site
The Board noted there will be a display at Town Meeting to explain the request for an engineering study. Peter Flynn noted the federal funds already spent to clean up the Western and Eastern Parcels, at a total of $450,000, along with the planned dam removal.
Article #33: Establishing Impact Fees
The Board confirmed this is to fund the administration of these fees, if the ballot question to establish them is approved by the voters.
Article #34: Property Tax Exemption for Disabled
The Board noted this will increase the property tax exemption for disabled to $55,000, based on proven economic need.
Article #35: Property Tax Exemption for Elderly
The Board noted this will increase the property tax exemption from a flat rate of $25,000 to a range of $40,000 to $250,000; based on age and economic need. There was discussion and final agreement to lower the high end to $175,000, based on the average housing cost in Henniker.
Article #36: Property Tax Credit for Veterans
The Board noted this will increase the property tax exemption for veterans from $100 to $500. There was discussion and final agreement to lower this to $200, as part of the effort to reduce the budget.
Article #37: Property Tax Credit for Disabled Veterans
The Board noted this will increase the property tax exemption for fully disabled veterans from $1,400 to $2,000.
Article #38: Property Tax Exemption for Blind
The Board noted this will increase the property tax exemption for legally blind persons to $25,000.
Article #39: Property Tax Reduction for Elderly
The Board noted that this Article is illegal, as written, and will be noted so at the Town Meeting.
Article #40: Resolution Regarding Genetically-Modified (GM) Foods and Crops (Moratorium)
The Board noted this is submitted by petition.
Article #41: Resolution Regarding Genetically-Modified (GM) Foods and Crops (Declaration)
The Board noted this is submitted by petition.
Article #42: Other Business
The Board noted that legal counsel has advised only public acknowledgements and other general comments can be raised under this Article. The final judgment is left to the town moderator.
Joe Damour closed the Public Hearing at 8:45 P.M.
The Board noted that these reductions will lower the 2004 tax rate to $12 or less. The three members of the Board signed the Warrant of the 2004 Town Budget. Mr. Flynn will post official budget at the town hall, library and post office as required by law.
A motion to adjourn was made at 8:50 PM.
Respectfully submitted,
Amy Jowers
Clerk to the Selectmen
Tuesday, February 3, 2004
Present: Joe Damour; Rod Pimentel, Thea Braiterman, Peter Flynn, Tom Watman, Lloyd Henderson, Martha Sunderland, Denise Rico, Mark Mitch, Bob Pennock, Pete Fernandes, Ron Lavallee, Stephany Marchut-Lavallee, John Kjellman, Lori Grob, Susan Rainier, Kurt Spofford, Kristen Senz, Dawn Nielson, Kristen Claire
The Pledge of Allegiance was recited at 6:15 p.m.
Public Forum
No one present.
Old Business
Item #1: Review Minutes of Budget Committee/Selectmen’s Meeting of December 2, 2003 and January 20 and 22, 2004
MOTION by Thea Braiterman to accept the minutes of December 2, 2003, as written. Seconded by Rod Pimentel and unanimously approved 2-0.
MOTION by Joe Damour to accept the minutes of January 20, 2004, as amended. Seconded by Rod Pimentel and unanimously approved 2-0.
MOTION by Joe Damour to accept the minutes of January 22, 2004, as amended. Seconded by Rod Pimentel and unanimously approved 3-0.
New Business
Item #2: Discussion of Fitness Club Offer to Town Employees
Peter Flynn requested approval of the Board to accept the Henniker Fitness Club's offer of an exercise benefit to town employees.
MOTION by Joe Damour to accept the special membership terms offered by Henniker Fitness Center to full time employees of the town of Henniker. Seconded by Rod Pimentel and unanimously approved 3-0.
Item #3: Community Center Activities Committee Request for Policy Adoptions
Peter Flynn presented the proposed Facility Usage Form and Liability Waiver for those interested in scheduling events at the Henniker Community Center. He noted a revision on the second page that will request a charge from non-resident users.
MOTION by Thea Braiterman to approve the Henniker Community Center Facility Usage Form and Liability Waiver for events. Seconded by Rod Pimentel and unanimously approved 3-0.
Item #4: Town Administrators Report
Peter Flynn informed the Board of last night's meeting of the Paper Mill Restoration Committee. The Committee agreed to have a planned display at Town Meeting to help explain the $50,000 Warrant Article requesting an engineering study to restore the site. He noted that this Committee has worked hard to make sure the dam removal project and the EPA cleanup project would be completed properly. He noted that the Board had just addressed the Usage Form submitted by the Community Center Committee.
Mr. Flynn reported the RFQs for the Revaluation proposal are due February 13th; one proposal has been received and he expects three to four more. The Special Primary for State Representative was held on January 27th, and the Special Election for this House seat is scheduled for March 2, 2004.
Mr. Flynn noted the Public Hearing on the 2004 Budget proposals is scheduled for February 10, 2004 and a Public Hearing on the SB2 Petition Warrant Article is on February 17, 2004.
Mr. Flynn informed the Board of the date change for the Informational Presentation on the Old Concord Road Sidewalk project from February 4 to February 11th, at the Grange. Rod Pimentel suggested holding this at the Henniker Community Center, which is a larger space, and Mr. Flynn agreed to make this change.
Mr. Flynn noted the Board had removed the Warrant Article regarding selling Town-owned land, and the interested parties are here tonight and may want to discuss this with the Board after the meeting.
He noted that almost $4,000 in private donations has been received for the Henniker Community Center. He hopes to have the Town Report ready to go to the printers after next week’s meeting.
Item #5: Selectmen’s Reports/Concerns
(No reports or concerns.)
Item #6: Updates and Continued Review of Warrant Articles
Peter Flynn informed the Board that he met with department heads to fine tune their budgets and to review proposed reductions. They had all been willing to work with suggestions. Bob Pennock with the Solid Waste Department agreed to reduce the part-time hours budget by $5,000 and to reduce the Parks/Properties tree planting budget by $5,000, down to level funding from last year. Geoffrey Hirsch asked the Board to remove the Planning Board Warrant Article requesting funds for a Town Planner, but also asked their operations budget to increase to $30,000 for the current planning assistant. Thea Braiterman informed the Board that she had discussed shared funding for this position with Leon Parker, Chair of the Zoning Board, and he had agreed to add $5,000 to his budget for this purpose. The Board agreed to increase the Planning Board operations budget to $22,000 for this position, and add $3,000 to the Zoning Board for this position.
Ron and Stephany Lavallee submitted suggested budget reductions. The Board thanked them for their work.
The Board reviewed the final listing of budget and Warrant Articles and made the following changes:
#9 - Adopt SB2 voting: Thea Braiterman will add an explanation on the ballot;
#11 - Tax Exemption for disabled: Peter Flynn will confirm this exemption;
#13 - Funding for the Old Concord Road Sidewalk project: Thea Braiterman will add an explanation to this request and Peter Flynn will confirm if the State can extend the 80/20 payment if this project is put off for one year, for a possible savings of $57,921;
#15 - Capital Reserve Fund for Henniker Fire Station: The Board agreed to reduce this contribution to $5,000;
#19 - Funding for Fire Truck Capital Reserve: The Board agreed to remove this $100,000 funding request;
#20 - Funding Request for Town Planner: $50,000 request removed by Planning Board;
#21 - General Municipal Budget: The Board accepted Peter Flynn's reductions of $20,000;
#23 - Funding Request for Road reclamation: The Board requested discussing with the Road Agent a reduction or removal of this Article, for a possible savings of up to $90,000;
#25 - Funding Request for Salt Shed: The Board agreed to remove this $60,000 request and ask the Road Agent to research for next year;
#30 - Funding Request for Backhoe: The Board agreed to remove this request of $25,000;
#33 and #35 - Funding Requests for the Tucker Free Library: Peter Flynn agreed to confirm the current Reserve Balance and if such funds can be used for the Needs Assessment Study; if possible the request can be for a joint contribution of $5,000.
The Board agreed to review the impact of these changes by the end of this week to prepare for the Public Hearing on February 10, 2004.
Mr. Lavallee requested the Board urge the School SAU to consider reductions, such as the town did this evening. The Board noted that the school budget process remains a separate issue from their consideration.
Item #7: Martha Sunderland - Conservation Committee Re: Benefits of Special Fund Derived from Current Use Taxes
Martha Sunderland, Mark Mitch, Kristen Claire, and Denise Rico of the Conservation Committee presented a proposed Warrant Article requesting the transfer of the Change Use Tax to the Conservation Trust Fund for conservation efforts in town. This Article has strong support from the Planning Board and they confirmed that state law allows this Fund to be used in this way.
Denise Rico noted that $127,131 has been collected by the town during the last seven years, with 1,341 open acres lost to development. The Board noted that removing this land from Current Use does not mean all of it was developed. Ms. Sunderland noted that it is a misconception that these funds will be used to buy up land that would otherwise be developable. It is often unbuildable and used to buy easements. The Board suggested investigating a cap on funds.
The Warrant Article was added to the Town Meeting agenda. The Board noted that if this Article is approved, any request for this transfer will be approved by them.
Item #8: Permits for Signature
Intent to Cut - Patenaude Properties, Lot 1-539C
Sign Permit - Feathers and Threads, Consignment and Pet Shop
Building Permit: Ryan and Helga Winn, shed roof dormer
Trench Permit: PSNH
Item #9: Abatements/Other Signatures
Refund: Abatement - Rock N Birch, Lot 1, Map 119-A42 $341.22
Robert R. Hersey, Lot 1, Map 305-E26
Warden Appointment List, Forest Fire Warden: Gilbert, Keith
Appointment Lists: Committee Appointments
A motion to adjourn was made at 7:50 PM.
Respectfully submitted,
Amy Jowers, Clerk to the Selectmen
Board of Selectmen
Tuesday, January 27, 2004
Present: Joe Damour; Rod Pimentel, Thea Braiterman, Peter Flynn, Tom Watman, Lloyd Henderson, Martha Sunderland, Denise Rico, Mark Mitch, Tim Russell, Joe Gilbert, Steve Connor
The Pledge of Allegiance was recited at 6:15 p.m.
Public Forum
No one present.
Appointments
Item #1: Martha Sunderland – Conservation Committee Re: Benefits of Special Fund Derived from Current Use Taxes
Peter Flynn presented background on a request for the Board to present a Warrant Article at Town Meeting to use money from the Land Use Change Tax to fund the Conservation Committee’s efforts to help preserve land as a counter to its development. He explained that this idea was recently initiated by the Planning Board but no further action from them has been taken, as of today.
Martha Sunderland, Mark Mitch, and Denise Rico of the Conservation Committee presented several documents to explain how and why this tax would be used; it would counter development in town with necessary conservation to protect wetlands or purchase land that the owner would prefer to keep undeveloped. The Committee noted that 53.3% of towns in New Hampshire have this policy and use it in different ways, since the amount of funds will vary from town to town.
The Board noted that the town suffers from land being in Current Use status, so taking these funds just for conservation efforts may not be desirable; in addition, the Committee could directly request funds when they are needed, rather than having an ongoing reserve fund. The Board recommended the Conservation Committee work with the Planning Board to gather more information on how this process would work, for example, how much money is needed for particular conservation efforts, what percentage of the Tax would be requested, and what projects are they interested in pursuing. It was also recommended that a cap on the amount of funds used may be preferable. Ms. Sunderland noted that the value of having this type of fund is that it grows in proportion to the development in town.
Item #2: Chief Tim Russell Re: Proposal for Use of Forfeiture Funds
Chief Tim Russell presented the Board with $1,228 of forfeited money from a recent drug arrest. The town has the right to use this in any way. He suggested purchasing a PowerPoint projector for the town.
The Board agreed to accept these funds into their budget to purchase this item. Mr. Russell said he would turn the funds over to the town the next day.
Mr. Russell also confirmed with the Board that the current list of companies to call for towing is maintained at their request and approval. The Board agreed.
Item #3: Discussion Regarding the Recommendation of the Henniker Fire Department "New Fire Truck" Committee – Deputy Chief Joe Gilbert and Firefighter Steve Connor
Joe Gilbert and Steve Connor presented the recommendation by the "new fire truck" Committee to award this purchase to KMF Fire Apparatus, located in Pennsylvania, but with a presence in the New England region – Hopkinton, Massachusetts. They presented the process and negotiations that went into this recommendation, noting they are very pleased with the price reduction and discount achieved during this time.
The Board thanked them for their hard work and accepted the Committee’s recommendation:
MOTION by Joe Damour to award the bid for a new fire truck to KMF Fire Apparatus for $335,373. Seconded by Rod Pimentel and unanimously approved 3-0.
Old Business
Item #4: Review Minutes of January 13, 2004
MOTION by Joe Damour to accept the minutes of January 13, 2004, as amended. Seconded by Thea Braiterman and unanimously approved 3-0.
Item #5: Updates and Continued Review of Warrant Articles
The Board reviewed the revised list of Warrant Articles to present at Town Meeting. Peter Flynn presented a list of possible budget reductions totaling $137,800 for their review and discussion. The Board discussed the target goal of raising the budget by only 4% to have a $12 tax rate. There was general discussion on several Articles addressing the space needs of the town and the town planner position. It was agreed to do a final budget review at the next meeting.
New Business
Item #6: Town Administrators Report
Peter Flynn reminded the Board of the February 4, 2004 Information Presentation on the Old Concord Road Sidewalk project to be presented by Tom French. He noted there is no news on the West Henniker Paper Mill Site project. There was a recent meeting of the Community Center Committee that was helpful in reminding members of the functions and limitations of the committee. Rod Pimentel suggested that town election voting be held at the Community Center in the future.
Mr. Flynn reported no news on the Ramsdell Road Bridge project, the Space Options Study project, or the Proctor Square stop sign. The Rob Morse Drainage Project will be worked on in 2004. The RFQs for the Revaluation proposals were sent to four firms and their responses are due the first week of February. The Craney Hill Tower Committee is waiting for spring weather to proceed. The Special Primary for State Representative is being held today.
Mr. Flynn noted that there is no news on the Tracy & David Allen-Hemlock Corner Issue. The Pay as You Throw issue is still in progress. There will be a Public Hearing on the 2004 Budget proposals on February 10, 2004 and a Public Hearing on the SB2 Petition Warrant Article on February 17, 2004. The Budget Committee hearings were completed last week and the research for selling town-owned land has been completed.
Mr. Flynn noted that he is waiting for the NH Municipal Association Insurance review before proceeding on the Stone Wall Complaint. There is a proposed Warrant Article for the Community Center Trust Fund.
Item #7: Selectmen’s Reports/Concerns
In response to correspondence, Thea Braiterman requested that the Board encourage all town board members to be civil to each other during public meetings.
Item #8: Permits for Signature
Intent to Cut – Goss, Kathleen; Lot 1-65
Patenaude Properties; Lot 1-95
Land Use Tax Warrant for the collection of taxes, $5,090.00
Land Use Change Tax: Mr. & Mrs. Bowser, $970.00
Mr. & Mrs. Welch, $4,120.00
Building Permit: Lambert, Robert; new house
Item #9: Abatements/Other Signatures
Refund: Abatement – Town of Henniker; Lot 2-242B, $166.78
Peloquin; Lot 1-088A, $138,46
Motor Vehicle Refund: Ayer & Goss Fuels, $1,820.00
A motion to adjourn was made at 7:35 PM.
Respectfully submitted,
Amy Jowers
Clerk to the Selectmen
BUDGET REVIEW
Board of Selectmen and
Budget Advisory Board
Henniker Fire Station
Present: Joseph Damour, Rod Pimentel, Thea Braiterman, Peter Flynn, Ron Taylor, Roger Gezelman, Cynthia Martin, Bill Belanger, Carl Hamel, David Currier, Danny Aucoin, Martha Taylor, Angela Robinson, Geoffrey Hirsch, Bob Pennock, Leon Parker, Dottie Kelsey, John Evans, Marty Davis, Helga Winn, Lloyd Henderson, Gail Abramowitz, Ron Lavallee, Stephany Marchut-Lavallee, Martha Sunderland, Cindy Marsland, Phil Marsland, Scott Osgood
Budget Reviews (cont.)
Peter Flynn reported to the Board and Committee that there has not been an increase in retirement costs for this year’s budget, except when tied with a salary increase.
16. Cemeteries
Martha Taylor presented a $6,500 budget for 2004, level funded from last year. She noted that the budget outline needs some revisions. The Committee asked about vandalism and Ms. Taylor noted that any changes to the tombstones were largely due to erosion and age. There were no further questions.
17. Human Services
Peter Flynn presented a $50,000 budget for 2004, a 25% increase from last year due to the increased need in the town. State law requires assistance be provided to those who qualify. The majority of requests in 2003 were for rent, electricity, and prescription assistance. He noted that this is not permanent aid and requires proof of need. The Committee asked how many town residents were served in 2003, and Mr. Flynn estimated about 50 to 75, many of them using several of the programs.
17. Community Concerts
Angela Robinson presented a $6,850 budget for 2004, a 24.5% increase from last year, due to increased band fees and adding two concerts. The Board advised Ms. Robinson to sign contracts with musical bands only with a clause that the contract depends on Town Meeting approval, since this funding is not legally available until this vote is taken. Ms. Robinson agreed to do all future contracts this way. The Committee requested her consideration of reducing the number of concerts in 2004, if it was necessary to help meet budgetary constraints the town is facing, and she agreed. The Committee suggested researching the use of military bands, high school bands, and to possibly "pass the hat" during concerts, to help absorb these costs. Ms. Robinson said she would be happy to consider these options.
19. Solid Waste - plus Warrant Articles
Bob Pennock presented a $514,324 budget for 2004, an increase of 7.9% from last year, due to a new full-time employee and expected increases in workload, maintenance, and overtime. The Committee reviewed the line items, asking if reductions in several increases were possible, in light of current budgetary constraints. Mr. Pennock noted his concern in budget reductions that may affect his department’s ability to handle the workload. The town’s volume of trash has increased by 200 tons each year. There are also issues in keeping part-time personnel on staff. His department staff shares duties to set up for elections, as well as the Parks and Properties department. The Board noted that his concerns would be taken into consideration.
Mr. Pennock explained the savings in purchasing a $2,900 roll-off system that will allow the Station to load and deliver more refuse to the incinerator. This was cheaper than purchasing a $6,000 new truck. He is also establishing a new program to recycle computer parts. He confirmed that commercial trucks no longer come to the Station but go directly to the incinerator. His staff has kept a close watch on the trucks claiming to be coming from Henniker. Mr. Pennock noted that a new contract will decrease the tipping fees for 2004.
The Committee recommended increasing the Transfer Station fee to the four Warner residents, as this fee has not increased for several years.
Mr. Ron Lavallee asked if the Station makes money on metal recycling, and Mr. Pennock said no. He confirmed that car parts can be accepted. Mr. Lavallee reiterated his suggestions to save costs by placing a cover over the trash bin in order to keep weather out, and to increase fees for dumping.
The Committee reviewed the $25,000 Warrant Article to purchase a backhoe. Mr. Pennock explained that the backhoe will help to crush trash and allow more to be delivered to the incinerator, reducing the cost to the town. The loader now at the Transfer Station can be used by the Highway Department. The Committee recommended better coordination of the equipment used between the Transfer and Highway Departments. The Committee suggested researching the hourly rate to rent a backhoe, and to keep using the loader.
20. Parks and Properties
Bob Pennock presented a $48,416 Parks/Properties budget for 2004, an increase of 7.6% over last year, due to wages and ongoing tree maintenance. He noted that lawn maintenance is likely to increase, since they are now maintaining up to 17 acres. The Committee discussed the possibility of slowing down tree planting in 2004, in light of current budgetary constraints. Mr. Pennock noted that the State does not give a guarantee on trees purchased, but nurseries do.
Mr. Lavallee asked if the town has a park plan that visually lays out the scheduled maintenance. The Board stated no. Mr. Lavallee suggested the use of community service for some work.
21. Conservation Committee
Martha Sunderland presented a $3,275 budget for 2004, a 33.4% decrease from last year, due to the completion of the French Pond project. Ms. Sunderland noted that the town will be reimbursed for the final $750; there was an administrative error on the part of the State which is now being corrected. She noted that unexpended funds still go to the Trust Fund. The National Resource Inventory is available at libraries and town hall and is an excellent resource.
22. Planning Board
Geoff Hirsch presented a $76,652 budget for 2004, a 177.5% increase from last year, due to a request to establish a new position of Town Planner that would assist the Planning, Zoning, and all other town departments and boards on implementing the Master Plan and providing regulatory expertise. Henniker is experiencing rapid development and growth; there needs to be a unified effort to improve regulations and their implementation if the town is to handle this growth in the best way possible. This new position would replace the current part-time position of Planning Board assistant.
The Committee questioned having this large amount of money within the Planning Board's operating Budget. It was requested that this become a separate Warrant Article in order for the town to see and understand what is being proposed. There was also concern about the person’s workload if and when town development decreases. Mr. Hirsch agreed to gather information about what other similar-sized towns are doing. The Committee noted that there are many questions about this position, and yet this is the first time they are seeing this proposal.
Phil Marsland expressed his view that this position would be a duplication of work already done by several town employees. Martha Sunderland noted that communication between the Conservation Committee and the Planning Board has greatly improved because of the current part-time position; a full-time person could provide real assistance. Scott Osgood expressed his view that this position would save the town residents, abutters, and developers time and money by coordinating all efforts, plus assist with the Master Plan and the CIP program. Gail Abramowitz noted that this position would fill the position of Clerk to the Planning and Zoning Boards.
The Committee expressed strong agreement that this position should be proposed in a Warrant Article. Further, there was serious concern that this level of funding was too much to ask for the town to support at this time.
MOTION by Carl Hamel to not recommend this position be proposed by the Board of Selectmen for town approval. Seconded by Roger Gezelman and approved on a vote of 5-1-1. The votes were, as follows: Yes - Carl Hamel, Roger Gezelman, Cynthia Martin, David Currier, and Daniel Aucoin; No - Ron Taylor; Abstain due to lack of information - Bill Belanger.)
Mr. Hirsch noted that if this position is rejected, the current part-time position of Planning Board assistant would remain in the operating budget for the Planning Board.
23. Zoning Board
Leon Parker presented a $3,120 budget for 2004, an increase of 6.8% from last year, due to added training for three new committee members. Mr. Parker stated his support for the Town Planner position requested in the Planning Board budget, as he believes this is a necessary step to assist the town with the development and growth it is experiencing. He also noted that the full Zoning Board requests the Board of Selectmen to consider eliminating the filing fees for residents, as they believe this privilege is already paid in current taxes.
24. Library
Helga Winn presented a $119,582 Library budget for 2004, a 1.0% increase over last year, due to wage and maintenance costs.
The Committee reviewed the $10,000 Warrant Article request to add to the current Tucker Free Library Fund for the purpose of repair and maintenance. The Committee recommended an exact estimate for this project by the March Town Meeting.
The Committee reviewed the $2,500 Warrant Article for a Needs Assessment Study for future expansion. Ms. Winn explained the Library's goal is to research how best to expand the library building and resolve the current storage problem.
25. Community Services
Peter Flynn presented a $50,873 budget for 2004, a 1.4% increase, mainly due to the Community Action Program because it is based on per capita fees; the Visiting Nurses program and the White Birch Community Center remain level funded from last year.
Dottie Kelsey, Executive Director of White Birch Community Center; John Evans, member of the Board of Directors; and Marty Davis, the Adult Coordinator, presented a proposed 2004 budget of $40,000 to provide senior activities at the WBCC. This is level funded from last year, and will continue the position of Activities Coordinator to provide coordination, planning, and implementation of senior activities. Ms. Kelsey noted the requests of funding she has made to the United Way, Over the Hills Foundation, the Merrimack Citizens Bank, and others, but noted that most funds go directly toward their operating budget. The town funds provide the seniors with activities. Marty Davis explained the very successful Strong Living Program, which is a community based exercise program for seniors.
The Committee discussed the $7,000 for the one-week swimming program and how there might be other ways to provide this at less expense. The Committee asked about the grant writing duties and Ms. Kelsey reiterated her goal to increase outside funding as much as possible.
Cindy Marsland expressed her concern that she had thought this would be a one-time expenditure by the town. The Board noted that this idea may have come from them, as they thought other funds would replace it.
27. Code Enforcement
Peter Flynn presented a $23,973 Code Enforcement budget for 2004, a decrease of 15.7% over last year, due to the funds for the Planning Board consultant being removed in place of the full-time position requested by the Planning Board. The forestry officer has been important for the town to determine timber cut fees.
The Board and Committee discussed and agreed to keep the Code Enforcement Officer wages at $13,000 for the year, rather than increasing them to $15,000, since the workload is unknown at this time. Mr. Flynn noted that the Officer receives a flat fee of $50 per week for mileage reimbursement.
28. Executive/Health
Peter Flynn presented a $16,353 Executive/Health budget for 2004, a decrease of 1.94% from last year, due to the elimination of the Economic Development Committee. The town is required by the State Department of Labor to maintain the Loss Prevention Committee to ensure a safe working environment for employees. The Committee questioned the cost of the Recycling Committee, which are funds for flyers and information to the town. There was no further discussion.
29. Town Offices
Peter Flynn presented a $400,868 Town Offices budget for 2004, an increase of 1.9%, due to wages, retirement increases, and printing costs. Mr. Flynn noted the increased cost of operating the Grange, since its use has increased. He corrected the annual change in retirement fees from $1,916 to $1,664. There were no further questions.
30. Wastewater
Peter Flynn presented a $388,432 budget for 2004, an increase of 3.66%, due to wages, insurance, and fuel costs. There was no further discussion.
31. Cogswell Spring Waterworks
Mr. Flynn presented a $300,000 budget for 2004, which will be paid by user fees. There were no further questions.
Warrant Articles
The Committee reviewed the $20,000 Warrant Article to fund a consultant to
research space needs options for town offices. After discussion, the Board
agreed to remove this Article from Town Meeting consideration since no final
decision on this issue is likely to be made this year.
The Committee reviewed the $200,000 Warrant Article to fund a complete revaluation for the town; this Article would use $100,000 currently in the Capital Reserve Fund for this purpose, but raise the additional $100,000 through taxation. The Board noted that this revaluation is required to be completed every five years.
The Committee reviewed the $466,000 Warrant Article to fund the completion of the Old Concord Road sidewalk project, with the town's 20% required portion to be $93,200; of this portion, $35,279 is in a Capital Reserve fund and $57,921 would be raised through taxation. The Committee voiced strong concern about this Article, since the town has rejected previous proposals in the past. This could be a controversial issue at Town Meeting.
The Committee reviewed the $100 Warrant Article to establish an expendable general trust fund for the Henniker Community Center in order to receive private donations and appoint the Board of Selectmen as Trustees of the Fund. There was no further discussion.
The Committee reviewed the $10,000 Warrant Article to fund the establishment of impact fees for the town. Mr. Flynn noted that this is a different Article than the one to approve the establishment of impact fees. There was general discussion about the process of these fees and how they will be implemented to match the town's growth and development projects.
The Committee reviewed the $50,000 Warrant Article to fund engineering research for the restoration of the Contoocook Paper Mill Site on Western Avenue. Mr. Flynn reviewed the work of the Paper Mill Restoration Committee in working on the removal of the West Henniker Dam, and the oversight of the final EPA cleanup of the Eastern Parcel.
The Board and Committee agreed to remove the Warrant Article requesting authorization for the Selectmen to subdivide the former St. Theresa's Church building and parking lot, since further consideration of the use of this land is still necessary.
Other Budget Matters
The Board and Committee discussed and agreed that it was desirable to reduce the proposed budget where they possibly achieve a $12 tax rate.
The meeting was adjourned at 11:30 PM.
Respectfully,
Amy Jowers
Clerk to the Board of Selectmen
BUDGET REVIEW
Approved Minutes
Board of Selectmen and
Budget Advisory Board
Henniker Fire Station
Present: Joseph Damour, Rod Pimentel, Peter Flynn, Ron Taylor, Daniel Aucoin, Roger Gezelman, Carl Hamel, Bill Belanger, Cynthia Martin, David Currier, Keith Gilbert, Tom French, Neal Martin, John Marsland, Tim Russell, Walter Crane, Ron Lavallee, Stephany Marchut-Lavallee, Bob ??
Overall Budget Presented
Peter Flynn briefly reviewed the proposed 2004 budget. This is a draft with some adjustments to come after the Budget Committee’s review is finished, with the final decision to be made by the Board of Selectmen. He noted that there is an across the board increase of 9% for health insurance in all department budgets, and salaries for all town personnel are tied to the state system, as previously approved at Town Meeting. The Warrant Articles will be reordered, as necessary, before being presented to the town.
Budget Reviews
1. Town Clerk/Tax Collector
Peter Flynn presented a proposed $43,000 Tax Collector budget for 2004, a decrease of 0.5% from last year, due to a reduction in benefit insurance coverage. He also presented a proposed $40,651 Town Clerk budget for 2004, a decrease of 1.4% from last year, for the same reason. David Currier asked how revenues for the Tax Collection department are forecast; Mr. Flynn stated that the forecast is based on history, but noted that revenues were particularly high in 2003 because of so many new car purchases. There was no further discussion.
2. Police – plus Warrant Article
Tim Russell presented an $855,846 budget for 2004, an increase of 10.58% over last year, due to the second of a 3-year mandatory wage and related increase from the renegotiated police contract with the State. Mr. Russell noted that overtime for full and part time officers is likely, since the military deployment of several officers has placed a strain on the staff resources. He will monitor this issue. There is also a new line item of $8,400 in his budget for the two crossing guards at the town’s downtown intersection. Mr. Flynn noted that the Selectmen had hired the crossing guards, at the request of several residents. The Committee discussed trying to have this town expense paid by, or shared, with the County government.
There was a general discussion about the number and types of calls the police department receives, the salary difference paid by the town for activated military, and the best cost effective way to repair the garage doors. The department is seeking grant money from the Homeland Security department, although this is largely for equipment. Mr. Russell confirmed that 80-85% of his budget is fixed cost.
The Budget Committee recommended all officers have security and safety supplies for protection when on duty, such as Kevlar vests, helmets, and shields. Mr. Russell confirmed that a police officer killed in the line of duty will receive $10,000 from the town in life insurance, but also receive $200,000 tax free insurance from the federal government. The active military officer’s family is also eligible for military medical assistance.
The Budget Committee discussed the $25,000 Warrant Article for building renovations, and Mr. Russell explained that this is for improving the safety and security of the employees in bringing in arrested individuals, as well as increasing storage for the department. The department is seeking to get the facility accredited. He confirmed that a police officer goes to every fire call and to 90% rescue calls.
3. Animal Control
Walter Crane presented a $25,208 budget for 2004, a decrease of 0.1% from last year. He reconfirmed his 24/7 on-call work hours, as well as the work he does for Hillsboro in handling all dog issues; Hillsboro handles all other issues, whereas Henniker requires him to handle all animal issues. He charges a flat mileage fee and pays for his own way to training conferences. There were no further questions.
4. Fire/Rescue Department – plus Warrant Articles
Fire Chief Keith Gilbert and Rescue Chief Tom French presented a $360,819 combined Fire/Rescue budget for 2004, an increase of 4.07% over last year, largely due to increased call volume of 764, an increase of 15% over last year. Henniker is second in receiving the most calls in the 18-town mutual aid Compact.
There was a general discussion about the types of calls the department receives. It was noted that Pat’s Peak has contracted with a private ambulance service to handle their volume, so the town only responds to them as a backup. Mr. French confirmed that the department educates those who abuse their services, so they know when it is appropriate to call EMS. Mr. French also noted that EMS has an 81% recovery rate for collecting on insurance payments, and expects close to $140,000 in billing service fee revenues for 2004.
The Committee asked about any possible grants from Homeland Security funds, and Mr. French and Mr. Gilbert both noted that the department has been applying and receiving such grants for various equipment and supplies.
Mr. Flynn agreed to research the insurance coverage for officers killed in the line of duty, whether full or part time for the town.
Mr. Gilbert requested several line item changes to the Fire Department: increase training from $955 to $1,500 to increase the number of personnel that will receive training over the year; increase the vehicle/repair budget from $13,750 to $16,000 to ensure maintenance is adequate for the current equipment; increase the communications equipment purchase from $2,500 to $3,500 to purchase two new pagers; and reduce the equipment purchase budget of $31,105 to $27,385 to counter these increases. The Board of Selectmen accepted these changes.
The Committee reviewed the Warrant Article requesting $170,000 to purchase a new ambulance, with the withdrawal of $135,000 from the Ambulance Capital Reserve Fund. Mr. French confirmed this F-450 Ford ambulance will be purchased with the appropriate equipment. The bid process will be followed, with the purchase expected to be completed by August 2004. The old ambulance will either be taken to auction or sold by a sealed bid. Mr. Gilbert and Mr. French confirmed that the town needs two ambulances, since the call rate is so high, and transporting back and forth from the Concord Hospital can take at least two hours.
The Committee reviewed the Warrant Article requesting $100,000 to be added to the Fire Truck Capital Reserve Fund, for the planned purchase to be made in 2010. The Committee discussed the life span of this truck, which the town stretches from 20 to 24 years. There were no further questions.
6. Patriotic Purposes
Peter Flynn presented a $2,150 budget for 2004, level funded from last year. There was no further discussion.
7. Emergency Management
Bill Belanger presented a $2,100 budget for 2004, an 85.3% decrease from last year, due to the grant money received to pay for the purchases and training for the town in 2003. Mr. Belanger noted that most grants are now being paid directly to the vendor, so the town should not expect to have to appropriate funds that will later be reimbursed.
8. Athletics -- plus Warrant Articles
Peter Flynn presented a $25,361 budget for 2004, an 8.1% increase due the soccer fields’ 10-year lease of $5,000 per year, not including the property tax payment. Mr. Flynn noted that one third of the cost of these new fields has paid through in-kind contributions from town residents.
9. Highway, Streets and Street Lighting - plus Warrant Articles
John Margeson presented a $460,495 Highway budget for 2004, an increase of 7.6% due to normal cost increases. Mr. Margeson noted the $10,000 for engineering and design is for the drainage issues on Western Avenue. Mr. Damour noted that Hoyle, Tanner and Associates is likely to become involved with this project. The Board and the Committee agreed to move this line item to the Highway/Streets budget, since the project is more appropriate for that budget.
The Committee asked about the supply of diesel fuel and Mr. Margeson noted that this may have to be reviewed during the year. Mr. Margeson noted that there may be some reimbursement funds sent to the town for the past December storms. Mr. Currier requested trying to reduce the increase for this budget from 7.6% to 4%. Mr. Lavallee questioned the need for a front loader and backhoe for the department and there was a general discussion about the ongoing sharing of vehicles with the Transfer Station.
Mr. Margeson presented a $129,432 Highway/Streets budget for 2004, an estimated increase of .3%, with the addition of the $10,000 engineering/design project for Western Avenue. There were no further questions. Mr. Margeson then presented an $18,000 Street Lights budget for 2004, a 5.3% decrease from last year. There were no further questions.
The Committee reviewed the Warrant Article requesting $141,708.56 for road improvements, noting that this is contingent on the receipt of NH Highway Block Grant.
The Committee reviewed the Warrant Article requesting $90,000 for general road repairs. At the request of Rod Pimentel, the Board agreed to add "and sidewalks" to this line item, since this is an area the town needs to begin to develop.
The Committee reviewed the Warrant Article requesting $466,000 to complete the Old Concord Road Sidewalk project, with the town portion to be $46,131 of this amount. The Committee noted that this will be a controversial subject at Town Meeting, noting that many voters thought in-kind contributions would be a major part of this funding portion.
The Committee reviewed the Warrant Article requesting $60,000 to build a new salt shed to increase storage capacity. Mr. Margeson explained the new shed will allow the department to supply salt for several storms back to back, with delivery up to 5 loads. The Committee discussed ways to reduce this cost and Mr. Margeson agreed to research if the Merrimack County Diversion program can supply labor or materials for the building, and how the Sunapee Highway Department finished a similar project.
Mr. Margeson requested that the Warrant Article requesting $38,000 for a pick-up truck be removed from consideration, since he would like to purchase a larger truck next year.
The Committee reviewed the Warrant Article requesting $95,000 for a feasibility engineering study of the Ramsdell Road Bridge project, of which $19,000 is the town’s portion to pay. The Committee discussed the possibilities for this project, noting that there might be a FEMA grant for flood plane mitigation.
10. Legal Fees
Peter Flynn presented a $25,000 budget for 2004, a $10,000 increase from last year due to possible legal issues. The Budget Committee and Selectmen agreed to reduce this budget to last year’s level of $15,000.
11. Debt Service
Peter Flynn presented a $171,948.60 budget for 2004, a decrease of 2.0%, due to continued payoff of town debt. There was no further discussion.
12. Insurance
Peter Flynn presented a $79,000 budget for 2004, level funded from last year. There was no further discussion.
13. Municipal Dues
Peter Flynn presented a $2,791 budget for 2004, a 15.5% increase from last year, due to an increase in dues for the NH Municipal Association membership. There was no further discussion.
14. Tax Maps
Peter Flynn presented a $2,500 budget for 2004, level funded from last year. There was no further discussion.
15. Elections
Peter Flynn presented a $6,250 budget for 2004, a 28.87% increase from last year because there are five elections scheduled. There was no further discussion.
The meeting was adjourned at 10:00 PM.
Respectfully,
Amy Jowers
Clerk to the Board of Selectmen
Board of Selectmen
Tuesday, January 13, 2004
Present: Joe Damour, Rod Pimentel, Peter Flynn, Lloyd Henderson, Martha Taylor, Tom Watman, Lori Grob, Ron Lavallee, Stephany Marchut-Lavallee, Shawn Richards, Daniel Aucoin
The Pledge of Allegiance was recited at 6:15 p.m.
Item #1: Non-Public Session per RSA 91-A:3, II c & d for legal reasons
MOTION by Joe Damour to enter into Non-Public Session per RSA 91-A:3, II c,d regarding legal issues. Seconded by Rod Pimentel and unanimously approved 2-0.
(non-public minutes separate)
MOTION by Joe Damour to re-enter into Public Session per RSA 91-A:3, II c,d. Seconded by Rod Pimentel and unanimously approved 2-0.
The meeting resumed in public session at 6:30 p.m.
Public Forum
Mr. Larry Homo requested an extension for payment of overdue taxes until February 27, 2004. The Board granted this extension and reiterated that if there are any changes to this plan, he should return to meet with the Board to further discuss.
Mr. Homo advised the Board of a water flow issue at the bottom of his driveway and the Board noted that the Town Road Agent would look into this matter.
Item #2: Review and Approve Minutes from January 6, 2004
MOTION by Rod Pimentel to approve the January 6, 2004 minutes, as written. Seconded by Joe Damour and unanimously approved 2-0.
MOTION by Rod Pimentel to approve the January 6, 2004, non-public minutes, as written. Seconded by Joe Damour and unanimously approved 2-0.
Item #3: Recommendation of Space Needs Committee for Space Solution
Rod Pimentel informed the Board of the Space Needs Committee's recommendation to request approval of a $20,000 Warrant Article at Town Meeting to further research the options available for the space needs for town departments.
MOTION by Joe Damour to accept the recommendation of the Space Needs Committee to present for approval a $20,000 Warrant Article at Town Meeting to further research space options for the town. Seconded by Rod Pimentel and unanimously approved 2-0.
Item #4: Cemetery Trustee Application for Appointment
MOTION by Joe Damour to appoint Margaret Gendreau to the Henniker Cemetery Trustees to serve out the remaining term of Dana Greenly. Seconded by Rod Pimentel and unanimously approved 2-0.
Item #5: Acceptance of E. Benjamin Ayer Trust Fund
MOTION by Joe Damour to accept the establishment of the E. Benjamin Ayer Fire Department Trust Fund and the appointment of the Board of Selectmen as the Trustees. Seconded by Rod Pimentel and unanimously approved 2-0.
Item #6: Town Administrators Report
Peter Flynn informed the Board of the new cost estimate of $466,000 to complete the Old Concord Road Sidewalk project, with the expected 80/20 state/town funding split, as written in the proposed Warrant Article for approval at the March Town Meeting. He has also added to Town Meeting voting the $50,000 Warrant Article for the engineering work to restore the West Henniker Paper Mill Site project. There is no news on the work of the Community Center Committee.
The Board will review tonight the $40,000 Warrant Article to continue funding support for the Ramsdell Road Bridge project and to keep on schedule the State commitment for reimbursement. The Space Options Study project has been updated this evening. There is nothing new with the Proctor Square stop sign issue or the Crossing Guard project.
The Board agreed to remove the Crossing Guard project from the active projects list.
Mr. Flynn noted the Rob Morse Drainage Project will be worked on in 2004. The Board agreed that the town must either enforce the code for using the Recycling Center, or remove the code.
Mr. Flynn noted that the RFQs for the Revaluation proposals were sent to four firms and he is waiting for their response. The Craney Hill Tower Committee is waiting for spring weather to proceed. There will be a Special Primary for State Representative on January 27th, Presidential Primary Day, and then followed by the Election date of March 2nd before Town Meeting.
Mr. Flynn noted that there is no news on the Tracy & David Allen-Hemlock Corner Issue. The Pay as You Throw issue is still in progress. There will be a Public Hearing on the 2004 Budget proposals on February 3, 2004 and a Public Hearing on the SB2 Petition Warrant Article on February 17, 2004. The Budget Committee will meet on January 20th and 22nd to review the proposed FY 2004 town budget.
The Board agreed to obtain fair market value of the town-owned land in West Henniker, and depending on town counsel review and the market interest, offer it for sale directly to the abutter interested in its purchase.
Mr. Flynn noted that he is waiting for the NH Municipal Association Insurance review before proceeding on the Stone Wall Complaint. There is a proposed Warrant Article for the Community Center Trust Fund, and the Absentee Ballot Issue has been resolved.
The Board agreed to remove this last issue from the active projects list.
Item #7: Selectmen’s Reports/Concerns
Joe Damour reported that the retirement party for Ben Ayer was attended by over 200 people; everyone had a good time.
Item #8: Continued Review of Warrant Articles
The Board continued its review of the updated Warrant Articles proposed for approval at the March 10, 2004 Town Meeting. Article #17 was corrected to show a figure of $98,200. The Board agreed to insert all Warrant Articles that show the proposed revisions for the specialized tax groups, including veterans and the elderly. The Board noted the addition of the Warrant Article to fund further research on space options for town offices.
Item #9: Discussion Regarding Shawn Richards letter to Board regarding Bowers Road
Shawn Richards requested the Board’s advice on his letter requesting a town decision on the accuracy of his property’s deed. The Board stated it does not have any jurisdiction in this area; this is a County Registry of Deeds issue.
Mr. Richards reiterated his problem is seeking to subdivide his property into 4 lots, which requires a survey; yet no surveyor will officially stamp their work when there is an abutter’s deed showing a road that does not exist abutting his property line.
The Board agreed to research with town counsel how to legally subdivide one lot into four, register four deeds, and then get taxed separately. Since a Tax Map is only used for assessment by the town, it may be possible to do this.
Item #9: Permits for Signature
Intent to Cut - Roberts
Item #10: Abatements/Other Signatures
Refund: Tax Exemptions: 746 Chestnut Street, Ltd.
Appointment Letters: Budget Committee, Cemetery Trustees
Ben Ayer Trust Fund
A motion to adjourn was made at 7:35 PM.
Respectfully submitted, Amy Jowers
Clerk to the Selectmen
Board of Selectmen
Tuesday, January 6, 2004
Present: Joe Damour, Rod Pimentel, Thea Braiterman, Peter Flynn, Lloyd Henderson, Bob Pennock, Martha & Ron Taylor, Tom Watman, Lori Grob, Ron Lavallee, Stephany Marchut-Lavallee, Gail Abramowitz, Ken Erikson, Tad Schrantz
The Pledge of Allegiance was recited at 6:15 p.m.
Public Forum
Stephany Marchut-Lavallee requested a clarification on the process for requesting an absentee ballot, as both she and Ron had been told a voter had to appear in person at Town Hall to sign for this request. The Board clarified that a voter expecting to be absent during the election may have a form picked up for them and fill it out, with a return by mail. That voter does not have to appear in person. The Town will then mail out an absentee ballot to that voter, when scheduled.
Item #1: Review and Approve Minutes from December 16, 2003
MOTION by Rod Pimentel to approve the December 16, 2003 minutes, as amended. Seconded by Thea Braiterman and unanimously approved 2-0.
Item #2: Review Crossing Guard Budget
Peter Flynn presented a proposed FY 2004 budget of $8,397 for the two crossing guards for the town’s intersection at Route 114 and Western Avenue. The Board requested this budget be added to the Police Department’s budget, as the guards were trained by the police and are providing a safety service for the town; however, it should be a separate line item so that voters are aware of this addition.
Item #3: Request for Appointment of Engineering Firm for Restoration of Paper Mill Site
Ken Erikson, Chair of the Paper Mill Restoration Committee, presented a brief review of the work and issues of the old Paper Mill site and the adjacent Eastern Parcel. The EPA cleanup of the Eastern Parcel has been completed at a cost of $334,000 of federal funds. The State will complete its project to remove the West Henniker dam in early spring, again at no cost to the Town. The next issue to address is the restoration of the Paper Mill site to resolve safety concerns. Requests for Proposals for this project were sent out, and the Committee recommends hiring Gomez & Sullivan as the engineering firm to begin this project. Gomez & Sullivan’s project bid of $50,000 is recommended based on cost, additional options for engineering work, and the firm’s previous work and knowledge of the site. A Warrant Article for this project is scheduled to be voted on at Town Meeting. Mr. Erikson distributed an outline of the possible following steps for the Town to take, if this Article is approved.
The Board commended the Committee for its work but advised the members to propose options for commercial use, as well as for a park, since this is zoned Light Commercial. The Committee should present the pros and cons of all options, so the Board can offer the Town several choices.
MOTION by Rod Pimentel to accept the Paper Mill Restoration Committee’s recommendation to appoint Gomez & Sullivan as the engineering firm for the Paper Mill Site project, pending funding approval at Town Meeting. Seconded by Joe Damour and unanimously approved 3-0.
Mr. Erikson agreed to speak to this Warrant Article at Town Meeting.
Appointments
6:20 PM
Item #4: Tad M. Schrantz, Cheshire Oil: Discussion of Town-owned Property on Perimeter of Proposed Development (Request of Planning Board)
Tad Schrantz presented a proposal for the Cheshire Oil Company to include Town-owned property, between the roadside curb and property line, in its landscaping design and maintenance plan to provide continuity of the area. The Board agreed to this proposal, pending Planning Board review and approval.
Ron Taylor stated his view to have the current trees remain at the site. Thea Braiterman noted that during the site walk by the Planning Board, it had been noted that most of the trees are only green at the top; a new plan by Cheshire Oil may improve the appearance of that site. The Board agreed this issue should be addressed by the Planning Board.
Mr. Schrantz confirmed that there will be a widening of Post Office Place, based on the traffic study, and that will require a driveway permit approved by the Board.
MOTION by Rod Pimentel to allow the Planning Board to negotiate with Cheshire Oil as to vegetation, grading, landscaping, and roadway maintenance on Town property abutting its potential business site, subject to final approval by the Planning Board. Seconded by Thea Braiterman and unanimously approved 3-0.
Item #5: Town Administrators Report
Peter Flynn informed the Board that he had forwarded the HTA report on the Old Concord Road Sidewalk Project to the DOT for the 2004 season and was awaiting its response. The Board had already received an update this evening on the West Henniker Paper Mill Site project.
The Community Center Committee continues to aggressively work to propose options for this building’s use. The Board has reviewed the $40,000 Warrant Article to continue funding support for the Ramsdell Road Bridge project and to keep on schedule the State commitment for reimbursement. The Space Options Study project will be discussed during the non-public session this evening. There is nothing new with the Proctor Square stop sign issue, and the Board has been updated this evening on the Crossing Guard project.
The Rob Morse Drainage Project will be worked on in 2004. There is nothing new with the Landfill & Recycling Issues. RFQs were sent out last week for the Revaluation proposals. The Craney Hill Tower Committee is waiting for spring weather to proceed. There will be a Special Primary for State Representative on January 27th, Presidential Primary Day, and then followed by the Election date of March 2nd before Town Meeting. There are several Republican candidates that require the primary on the 27th. This schedule is set by the Secretary of State.
There is no news on the Tracy & David Allen-Hemlock Corner Issue. The Pay as You Throw issue is still in progress.
Mr. Flynn distributed an advertised schedule of Town votes and public meetings to inform residents of Town issues; he noted the Public Hearings on the SB2 Petition Warrant Article on February 3 and the Public Hearing for the 2004 Budget proposals. The Budget Committee will meet on January 20th and 22nd.
He is still checking on the Process for Selling Town Owned Land, and the Handicap Ramp proposed for Academy Hall has been approved by the Town Building Inspector.
He reminded the Board of the retirement party for Fire Chief Ben Ayer at Pat’s Peak next week.
Item #6: Selectmen’s Reports/Concerns
(No reports or concerns to discuss.)
Item #7: Appointment of Fire Officials:
MOTION By Rod Pimentel to approve the January 1, 2004 Fire Department elections: Chief – Keith Gilbert; 1st Deputy Chief – Stephen Burritt; 2nd Deputy Chief – Timothy McComish; 1st Lieutenant – James Morse; 2nd Lieutenant – John Margeson; Clerk – William Belanger; Treasurer – William McGraw; Training Officer – Michael Costello. Seconded by Joe Damour and unanimously approved 3-0.
Item #8: Non-Public Session per RSA 91-A:3, II c & d for legal reasons
MOTION by Joe Damour to enter into Non-Public Session per RSA 91-A:3, II c & d regarding legal issues. Seconded by Rod Pimentel and unanimously approved 3-0.
(non-public minutes separate)
MOTION by Joe Damour to enter into Public Session per RSA 91-A:3, II c & d. Seconded by Rod Pimentel and unanimously approved 3-0.
Item #9: Permits for Signature
Intent to Cut – Butler, Roy properties
Building Permits – Johnson, Cordell (seasonal porch)
Trench Permit - PSNH
Item #10: Abatements/Other Signatures
Refund: Tax Exemptions: Durgin, Russell; Merrill, Nutter
Appointment Letters: Fire Department; Zoning Board
Proclamation: Zhu Yan
A motion to adjourn was made
Respectfully submitted, Amy Jowers
Clerk to the Selectmen
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