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Board of Selectmen
2005 Minutes of Meetings
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Board of Selectmen |
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2005 Minutes of Meetings |
Meetings of the Board of Selectmen usually take place Tuesday evenings at 6:15pm in the Town Hall (but not always every week), and their agenda are usually made available on the preceding Friday. As soon as the agenda is released by the Selectmen's office, it is posted in the Town Hall, Post Office, Tucker Free Library, and this web page - see Agenda. All minutes below have been approved by the Board of Selectmen.
| Available Meeting Minutes |
APPROVED
Meeting of December 8th, 2005
Town Hall
Present: Town Administrator, Peter Flynn, Selectmen, Rod Pimentel, Cordell Johnston, Tom Watman, Cheryl Morse, and Ron Lavallee.
Also Present: Stephany Lavallee and Leo Aucoin, (as observers.)
5:35 p.m.- The meeting was called to order by Chairman Rod Pimentel.
Rod Pimentel said that the purpose of the meeting was to review budgets to see what possible cuts could be made this year.
Cordell Johnston said that he thought the Board should set a goal amount for the budget. He said that the Board should try to at least make a 0 % increase.
Rod Pimentel asked about the previous year, and what the Board had set the tax rate at before tax evaluations. He asked if Peter Flynn had that information.
Peter Flynn replied that he could probably find that information.
Ron Lavallee stated that he had spoken with and asked the school board to do budget cuts as well as the Board. He said that the people are just not happy with the taxes, and the only way to appease the community is to work together with the School Board.
Rod Pimentel said the tax rate should have been $5.99 not $6.32
Peter Flynn said that it was because of revenues.
Peter Flynn said that the Board should expect a few less dollars in automobile registration fees. Also, other revenues we didn’t realize, was the sale of St. Theresa’s church.
Ron Lavallee said that he thought there were some big items budgeted for, that obviously cannot be purchased this year. He suggested not raising the cost of living at all.
He also made a note that the raises are going up a step in 2006.
Peter Flynn said that the Police Department is on the State Police level, so the Board cannot cut their wages.
Rod Pimentel said that the Board should suggest the Police Department to at least cut their budget in half.
Cordell Johnston made the first nomination for a possible budget cut. He said that the Fire department’s budget for $200,000.00 for equipment and the ladder truck could wait for now. Cheryl Morse agreed with Cordell Johnston.
Ron Lavallee said that the main reason that it is so divisive would be the fact that the Town of Henniker has a mutual aide with three surrounding towns that have trucks already, which means that we have no need for one at this point in time.
Rod Pimentel said that he would put it on the list, but it needed to be discussed with Chief Gilbert and Chief French.
Tom Watman said that the Board should make a list of possible cuts to bring before the budget committee.
Ron Lavallee said that the Board should have this list by the Tuesday December 13th meeting. He said that the department heads should come to the meeting to defend their budgets.
There was a discussion about what the Board should cut after reviewing the budget sheets. The Board came up with a list of possible budget cuts to bring to the meeting on Tuesday December 13th.
Police Facility Improvements-
Paper Mill Site-
APPROVED
Meeting of December 6th, 2005
Town Hall
Present: Town Administrator, Peter Flynn, Selectmen, Rod Pimentel, Cordell Johnston, Tom Watman, Cheryl Morse, and Ron Lavallee.
Also Present: Stephany Lavalle, Kim Johnson, Bob Pennock, Jeremy Soulliere, Cari Hamel, Brian Wilcox, Gail Abramowicz, Cynthia Marsland, Scott Osgood, Cynthia Mosley, Tom French, Keith Gilbert, Alan Brown, Peter Robicheaud, Leon Parker, Leo Audioy, and Carl Hamel.
6:15 pm Pledge of Allegiance was said.
Motion by Tom Watman to approve the signed Consent Agenda. Ron Lavallee seconded. The vote was 5-0 in favor of the motion.
PUBLIC FORUM:
Carl stated that he was upset because the people with smaller homes had to pay more than those with larger estates. He said he was dissatisfied with the way things were being done.
The Board thanked Karl.
Stephany Lavallee said that she heard that the city of Concord and DAS would be dumping their waste into the Contoocook River. She asked the Board if they had heard about that. Peter Flynn said he was not aware of that.
Stephany also made a comment about the Avian Flu, and asked what Henniker’s plan was. Peter Flynn replied saying that he was unsure what was going on, but that they would have a plan. He also said that the town was prepared, but he would have to look some things up.
ITEM 1:
Alan Brown RE: Bellulah Brown Fund.
Alan came to request the Board to accept an amount of money for a scholarship in the name of his mother Bellulah Brown.
Rod Pimentel said that he really appreciated this act of generosity.
Alan said thank you, and he also requested that the Board accept future additions to the total sum. He said that the requirements for the student receiving the scholarship would be:
Alan said that the scholarship is actually not given to the college that the student attends, but it goes to the student for supplies, such as a computer or books.
Cheryl Morse made a MOTION to accept the scholarship, and future additions with gratitude. Tom Watman seconded. The vote was 5-0 in favor of the motion.
ITEM 2:
Elderly and Disability Exemptions.
Cynthia Marsland said that the new evaluations came in and she had forgotten to put in the exemptions. She said that what she was presenting to the board was just a correction of the exemptions list.
Cordell Johnston asked Cynthia if what the Board was giving to them was what they were entitled to.
Cynthia replied yes, and that it wasn’t something not already budgeted. It was her mistake for not putting them in.
Tom Watman made a MOTION to grant the elderly the abatements. Rod Pimentel seconded. The vote was 5-0 in favor of the motion.
ITEM 3:
Kim Johnson RE: Tax Collector hours of operation
Kim started off by saying that at the previous meeting, when she was not present, there were a lot of things said that was untrue. She said that she felt attacked.
Kim said that they had just hired a third person, to make up for Gail’s time lost. She said that her hours were going to change, and she would be open more. She read off her list of tentative hours.
Monday- 8 am to 5:30 pm
Tuesday- 8 am to 4: 30 pm
Wednesday- 8 am to 4:30
Thursday- Closed
Friday 8 am- 4:30 pm
Last Saturday of the month- 12 pm- 4:30 pm
Sunday- Closed
Cheryl Morse said that one of the citizen’s concerns was that the one Saturday that Kim’s office was supposed to be open last month, it was closed. There was no apparent reason for the office to have been closed.
Kim said that she is open many days, when people don’t even know it. She said that she needs her quiet time to get her job done too. She said that she didn’t mind being interrupted, because it is her job, but she has other work in need of attention as well. She also said that her office was closed because of the move. Kim said that she sees maybe four people in her office on Saturdays.
Cheryl said that although there are few, it is still just as important to them, for the office to be open. She said that Saturday might be the only day for them to be able to get their business done.
Ron Lavallee asked Kim when her new hours would start. Kim said in January. Ron Lavallee also asked if there were two or three people in there at a time, and if they were part time.
Kim said that there are two on average, and the other two are part-timers. Ron Lavallee asked about her lunch hours. Kim said that they are usually 12pm-1pm, but most of the time she doesn’t get a full lunch hour because she has to run errands as well.
Ron Lavallee explained to Kim the complaints that had been brought to the Board’s attention. He said that mainly they all had to do with Customer Service. He said that there needed to be much more structure to the hours and business matters.
Tom Watman said that he made a motion at the last meeting to find out if the accusations and assumptions were correct. He said that it seemed as though people can’t get the hours that they need. He said that there does need to be a firm schedule that is accommodating to townspeople who might work farther away. Most people don’t get out of work until 4:30 or 5 pm, so they have no chance to get their business done after work. Tom also stated that something should be done about missing personnel. He said that he understands that Gail was having medical problems but the work still needs to be done. He asked Kim to consider hiring a temporary employee. Tom Watman told Kim that she does good work, and the board was not questioning that. He said that she needs to be more sensitive to the fact that people are relying on her to have accommodating hours.
Rod Pimentel said that people need to be able to get into the office at noontime, and there’s no reason to be closed. He said that also, maybe even one night a week that the office should be open later. Kim contested that remark with the fact that she was not comfortable with security issues.
Cordell Johnston said that no one was trying to make Kim do anything, but they were trying to give her suggestions so that everyone in the situation would be happy.
Ron Lavallee said to Kim that it doesn’t matter if she doesn’t want to change the way she’s handling things. Her job is to the townspeople, so maybe she should think about being more positive towards suggestions, instead of being negative to every alternative that’s given.
Tom Watman said that Kim needed to be able to compromise and create structure.
The Board thanked Kim Johnson.
ITEM 4: Budget Reviews
Scott Osgood RE: Planning Board
Total estimated budget was $40,369.00
Total expense was $31,961.19
Tom Watman suggested that the Board should inform all the Department heads to look at their budgets and see what they could possibly hold off on for a year.
Bob Pennock stated that he didn’t believe it to be fair to request cuts so close to the budget review.
Cheryl Morse said that she felt that the department heads would have plenty of time to decide what they can cut for a year.
The Board thanked Scott Osgood.
Leo Aucoin, RE: ZBA- Zoning Board
Total estimated budget was $3,200.00
Total expense $1,512.05
Cheryl Morse said that she was surprised that the budget amount used was so low. Leon said that it was because the Board doesn’t do a lot of business.
The Board thanked Leo Aucoin.
Chief Keith Gilbert and Chief Tom French, RE: Fire/Rescue Departments Combined
Total estimated budget was $383,118.00
Total expense was $219,964.29
Rod Pimentel asked the two chiefs if they had a line-by-line synopsis of their spending. Cheryl Morse pointed out that Rescue did.
Rod Pimentel asked Chief Gilbert if he needed a new roof. Chief Gilbert replied no, but he said he did need a paint job. He said the roof was only eleven years old.
Chief Tom French, RE: Rescue Department
Chief Gilbert said that before the Board asked, the substantial increase in equipment was due to the Fire Department as well. They split the cost half and half.
Cheryl Morse asked if there were any recover costs from the old equipment. Chief French said only a little. He said only a couple thousand.
More of the budget was reviewed.
Cheryl Morse asked if the Henniker paramedics were needed less, because she thought that she had read that somewhere. Chief French said he didn’t know, but he did say that there would be less calls because the surrounding towns all are contracted for mutual aide, and Henniker is not in those contracts.
The rescue training increased as well. Chief French said that to get good help, you have to pay for it. Chief French also said that the fuel projection costs should be right, depending if the gas prices rise beyond $2.25 per gallon.
The Board thanked Chief Tom French.
Budget reviewed
Total estimated budget was $2,150.00
Total expense was $1,728.04
Peter Flynn, RE: Elections
Budget reviewed
Total estimated budget was $6,250.00
Total expense was $7,109.48
Peter Flynn, RE: Executive
Budget reviewed
Total estimated budget was $21,083.00
Total expense was $12,479.63
Peter Flynn said that the wages went up because there was a new part time person added to them. Rod Pimentel asked if the part time person could be cross-trained for the Town tax collector’s use.
Peter Flynn said that it could be arranged.
Rod Pimentel said that the Board needed to find out if Kim Johnson would be willing to look at training another person, or even receptive to help at all.
Tom Watman made a MOTION that a proposed fee schedule is made for the community center by the New Year. Ron Lavallee seconded. The vote was 5-0 in favor of the motion.
Peter Flynn said that the Town report went up an extra $1,000.00 because last year the $8,000.00 wasn’t enough.
Ron Lavallee said that he was concerned about the mileage reports, and why Peter wasn’t filling any out for himself if everyone else was.
Peter Flynn said that he had no objections to start taking down mileage reports.
The Board thanked Peter Flynn.
ITEM 5:
Peter Flynn, RE: Updated Utility Analysis Projections for 2006
Peter Flynn said that only he and Bob Pennock have control of the thermostats now.
We have also projected the costs for fuel for the upcoming year.
ITEM 6:
Meeting minutes for November 29th, and non-public minutes for November 15th.
Cordell Johnston made a MOTION to approve and accept the minutes of November 29th.
Rod Pimentel seconded. The vote was 5-0 in favor of the motion.
Cordell Johnston made a MOTION to accept and approve the non-public minutes of November 15th. Cheryl Morse seconded. The vote was 5-0 in favor of the motion.
ITEM 7: Town Administrator’s Report
Leon Parker made a comment on how the equipment that the Fire and Rescue departments are buying, are unnecessary because they equipment they have now, is well taken care of. He said that this wasn’t the year to be buying new equipment.
Rod Pimentel said that Leon had a very good point, and that the Board would consider talking to the Chiefs about it.
Nothing new to report.
Cheryl Morse said that all budget hearings affecting Henniker tax payers should be posted in the Henniker Outlook, and that she wanted the Henniker Outlook reviewed. She said that since White Birch ceased managing it, information about many town items are no longer available and Peter Flynn stated that the volunteers who used to coordinate it, quit and the burden fell off the Town office.
Also, Cheryl Morse wanted the Board to ask the town road agent to come and meet with them in March for communication issues, as a follow –up from October.
Cheryl Morse asked if it was cost effective to plow the sidewalks by Connor’s field.
Leon Parker said that the Board should post a sign that says “ closed for the season.”
Peter Flynn said that as far as he knew, the sidewalk wasn’t supposed to be plowed.
Cheryl Morse said that there had been a Motion about getting time clocks, and was following up on that issue.
Peter Flynn said that he had already looked into it.
Tom Watman had a brief report on the historic district commission meeting. He said that the Hearse renovation proposal would not be submitted this year.
MOTION made by Tom Watman to request the Town Administrator to confer with the Town assessor, George Hildum about the Town’s assessing and taxation of RV’s. The purpose would be to determine to what extent recreational vehicles are being assessed currently; under what RSA’s local regulations, and to determine whether it is possible for Henniker to fairly assess additional manufactured housing without this category than is presently being done. The Town Administrator is also authorized to obtain the opinion of the Town’s attorney in order to confirm what legal limitations may apply to this classification of taxable property. Rod Pimentel Seconded. The vote was 5-0 in favor of the motion.
Tom Watman made a MOTION that the Town Administrator obtains data on the cost of establishing a metered sewage fee system. The investigation to include a determination of the legality of phasing a system into service, applying the metered service to only potential higher volume users, etc. Said report to be provided in writing to the Board of selectmen no later than June 1st, 2006. Rod Pimentel seconded. The vote was 5-0 in favor of the motion.
Cordell Johnston said that December 14th at 9 am there would be a meeting at the Hopkinton Town Hall regarding route 202/9 with police chief and safety issues.
Peter Flynn said that he would attend.
Cordell Johnston said that the next couple of meetings, he might not be able to attend due to personal reasons.
Rod Pimentel said that several moths ago, a list of goals and objectives for 2006 was requested before the budget hearing, but he has not received them yet.
MOTION made by Ron Lavalle that the goals and objectives for 2006 be made and given to the board by the budget hearing. Tom Watman seconded. The vote was 5-0 in favor of the motion.
Cheryl Morse made a MOTION to adjourn the meeting at 10:15 pm. Rod Pimentel seconded. The vote was 5-0 in favor of the motion.
Respectfully submitted,
Kymlee M. Murphy
Approved Minutes
Meeting of November 29, 2005
Town Hall
Present: Town Administrator, Peter Flynn, Selectmen, Cordell Johnston, Tom Watman, Cheryl Morse, and Ron Lavalee.
Also Present: Stephany Lavalee, Tracy Bruen, S.E. Forrster, Spencer Bennett, Steve Bennett, Hones McGuire, Kevin Steinbach, Rebecca Hecox, Lloyd Henderson, Joe Trier, Jeremy Soullierre, Daniel Aucoin, Ken Levesque, Vicky McClousky, Ted Parkins, Marty Davis, Scott Osgood, Ken Erickson, Tom French, Ken Heddey, Peter Robichaud, Leon Parker, Denise Rico, Tim McCormish, Linda Fish-Brown, Gene Brown, Joe Elln, and Wayne Colby, Chris ?
6:00 p.m.- The members of the Board reviewed and signed the Consent agenda.
6:15 p.m.- Pledge of Allegiance recited.
MOTION made by Ron Lavalee to approve the Consent Agenda. Seconded by Cheryl Morse. The vote was 4-0 in favor of the motion.
Public Forum:
Danny Aucoin asked the Board about the schedule of the town’s Tax Collector. He felt that she was not being supervised enough.
Cordell Johnston said that she is in an elected position, therefore is not supervised by the Board. Danny asked how that could be changed.
Cordell Johnston again replied that the Board did not appoint her.
Danny stated that the reason for his concern was because of her strange office hours. He said that it is very hard to get business done when she is closed almost all of the time. He also asked what she was being paid for if she wasn’t ever in the office.
Cheryl Morse replied saying that it is the State who is responsible for her. She is given the right to make her own hours.
Cordell Johnston stated that the only authority over her is the voters who elect her, and of course, the Town Meeting when they look at and approve her salary.
Peter Flynn stated that there had been some legitimate health issues with the Deputy Tax Collector and that had a lot to do with the scheduling as it was. Kim had to work alone for several months and it was extremely difficult.
Tom Watman said the item should be put on the agenda for the next meeting to discuss an adjustment of salary and schedule changes.
Tom Watman made a MOTION that the issue be moved on the next agenda, also that there needed to be records brought of her hours. Cheryl Morse seconded the motion. The vote was 4-0 in favor of the motion.
Rebecca Hecox asked the Board if the Abatements were looked over locally, or if they would be done in Massachusetts.
Cordell Johnston replied that they are looked after locally.
Rebecca asked about her bill, and told the Board that she had trouble deciphering the dialect.
Scott Osgood made a comment about evaluations of the land values and how they have dramatically increased. He asked how the town could go about addressing this issue of raising taxes.
Rebecca commented o how she and many others could not afford to live in Henniker anymore.
Peter Flynn said that there have been many people with the same questions all week long. He stated that nobody in the Town Hall had the expertise to advise the people on this matter. Peter Flynn Suggested that George Hildum, who is the expert on assessments, to come in and advise the people of Henniker, with their issues.
Vicki McClousky said that the Vision Appraisal wouldn’t be able to change assessments. She said that her twelve acres of land went up in value substantially, even though a lot of it is wetlands, and that two months out of the year she has to drive around the swamp that gathers in her driveway. She asked the Board if the taxes went up because she had a scenic view.
Cheryl Morse asked Vicky if she would sell her property for the amount that was assessed. Vicky argued and said that she did not want to sell her home.
Cheryl Morse said the question was theoretical, and repeated her previous question. Vicky then stated that she would sell it for the amount assessed if in fact she had been selling her home.
Cheryl Morse said that that might be a possible explanation for the increase in taxes, because of the value in the property itself, not the owner’s personal value placed on the property.
Vicky said yes that might be true, but it doesn’t change the fact that taxes are becoming unaffordable. She has lived in Henniker for a long period of time, and now she has to raise almost three thousand dollars in a month for tax purposes.
Cordell Johnston said that handling abatements is part of the contract but He’s not convinced that even if someone else were to take care of them, that it would change much.
Peter Flynn said that the tax rate would have gone up anyways, due to many budgetary and revenue factors.
Cordell Johnston was sympathetic to the concerns of the townspeople, seeing as his taxes went up a substantial amount as well. He said that the State is in control when it comes to taxes the total tax picture.
Peter Robichaud, Scott Osgood and Tim McComish both stated their issues with the rising taxes, and they felt that an explanation due.
Tom Watman made a MOTION to arrange a meeting with the Vision Appraisal group, and George Hildrum about evaluations and the public opinions. Cheryl Morse seconded the motion. The vote was 4-0 in favor of the motion.
The Board thanked the townspeople for their input and concerns.
Cheryl Morse also made a comment about so many people coming to the meeting, and how important that is to decisions being made in the town.
ITEM 1: Hearing for bill from Waste Water Company to Kevin Steinbach.
Kevin Steinbach and Ken Levesque
Cordell Johnston said that the ordinance states that multiple rooms shall be charged one unit per room or apartment. Kevin Steinbach received a bill for twelve billable units, which was a shock to him.
Kevin said that there are many applicable ordinances in his case. He was upset at the fact that although no change occurred at his building, he was charged 12 billable units, whereas last month it was only one billable unit. This made the bill go from about one hundred dollars to two thousand dollars. He said that he has no objections to paying his share, but that he wants to know what exactly he is being billed for. Also, Kevin said that maybe the ordinance is outdated, and there needed to be some change in that matter. Kevin presented the board with some information on his building and the surrounding buildings. He said his is pretty much the most empty, and one with little to none expansions. The District court is held there every Thursday and he has three tenants.
Cheryl Morse asked how many bathrooms there were. Kevin said that it was the same amount as before, five in all. Not all are active either.
Cordell Johnston said that he was convinced that something needed to be done. He said that the Board still needed information from Ken Levesque.
Ken Levesque said that the Sewer ordinance was based on the recommendations of the Federal Government and State D.E.S. and that his job is to enforce that ordinance. He said that he doesn’t believe it to be perfect, and that yes it is older, and might need changes, but he was not happy about the way that Kevin Steinbach behaved on the phone. Ken said that he couldn’t just go around creating his own rules. Ken explained that he had talked to Kevin on the phone prior to the issuing the bill, and Kevin had told him to just come over and assess the situation, because Kevin had no idea as to what information Ken needed. Ken went to the building and did his job. Ken also stated that the same is done for everyone. Kevin wasn’t the only one who received a higher bill. Ken said that there was nothing that Ken could do so he pointed him in the right direction for solving their problem. Ken also said that if the ordinance is changed, and there is less taken from business, then more would have to be taken from the residences. Ken said that his budget is his budget.
Cordell Johnston said that his impression was that if you compare it to other residential/business it is fair. Cordell Johnston said that Ken had to do his job, and it is unfortunate that it leads to an unfair result.
Kevin openly apologized to Ken Levesque for his behavior on the phone. The Board thanks him for the apology. He said that it is about the money though, not a personal basis. Kevin said that there were no additions or expansions to the building but yet he still got an increase in his bill.
Ron Lavallee made a MOTION that the billing be kept as is. Cheryl Morse seconded the motion. The vote is 3-1 In favor of the motion. Cordell Johnston said nay.
MOTION made by Cordell Johnston that the sewer ordinance be amended. Ron Lavallee seconded. The vote was 4-0 in favor of the motion.
ITEM 2: Mt. Hunger Rd.
Tom French and Spencer Bennet
Tom French made a presentation to the Board about his plans. He said that his understanding was that 35mph is in most cases the speed on main roads, unless otherwise stated. Tom said that there is a single speed limit sign stating 25mph on Mt. Hunger Rd. He also said that he and his crew analyzed the road and found that it did meet that particular speed design, on the S-turns. The top of the hill however should be about 15mph. His summary being that this type of road does not meet the criteria of a 25mph road. He said that they were asked to look at options for changing those physical conditions. Tom then presented the board with layout plans of construction he would like to do to improve the road conditions, and still meet the design speed. He said that they intend to make alignments to the road going towards Spencer Bennet’s property.
Tom Watman asked if there were going to be any changes to the other side of the wall.
Spencer said no, only to his side and that he has received approval from many town officials to do this work.
Tom Watman asked if they were looking for approval to start construction. Spencer answer was yes. The planning board has been contacted and asked questions, and they had asked us to improve the condition of the road.
Cordell Johnston asked if they were designing the road to fir the 25mph speed. They replied yes. Tom said that they are also trying to get the speed limit raised.
Peter ? said that it has nothing to do with safety, and that the fact is that the road needs to be moved. He also said that if they were going to do this to Mt. Hunger Rd. then why not all the roads in Henniker, because that’s how Henniker is. They have a lot of bumpy and winding roads.
Ted Parkins, Tracey Bruen, Gene Brown, Marty Davis and Rebecca Hecox all share there opinions on the road being moved, all coming to the same conclusion. They all think that instead of moving the road, that they should lower the speed limit to 15mph. They also said that there were nowhere near 400 cars that go by on a daily basis.
Tom French (of HTA Engineering) said that the figure of 400 cars a day was estimated, not actual car counts.
Cordell Johnston said that the objection is to changing the road, and the issue being safety, but what if nothing is done?
Scott Osgood said there are safety issues now that were never brought up before, and that there is one driveway at risk for a safety issue. The planning board actually didn’t approve because of that driveway, but because of the actual road safety issues.
Cordell asked if the Board didn’t accept then most likely the subdivision wouldn’t be approved either.
Tom Watman made a MOTION that a table action should be taken by the Board to make a decision on the road until the next two meetings. Cheryl Morse seconded. The vote was 4-0 in favor of the motion.
Tom Watman made A MOTION to ask the planning board for a response in lowering the speed limit to 15mph and making the subdivision acceptable. Tom Watman also requested HTA to look at the law and evaluate speed design.
ITEM 3: Papermill Response
Ken Erickson
Ken Erickson said that Peter Flynn received a letter from the local Government center. It basically said that the town of Henniker is covered for the mill demolition and construction process insurance wise.
Ken gave the Board the proposed warrant articles that they requested last time they looked at the Papermill presentation. Ken also said that there would be a meeting for the Gomez and Sullivan presentation on Monday the fifth of December to be held at New England College, at 7 p.m.
Ron Lavallee asked Ken if the $175,000.00 asked would be for knocking out and taking down the mill ruins, and putting in a fence.
Ken replied yes.
The Board thanked Ken Erickson.
Acting Chair, Tom Watman called a five-minute recess.
Cordell Johnston had to excuse himself from the meeting. (8:50pm)
9:00 p.m.- meeting called back to order by Tom Watman.
ITEM 4: Budget reviews
Denise Rico is here to discuss her budget for the Conservation Committee.
The estimated Conservation Committee budget was $2,180.00. The total expense was $685.00
Lynn Piotrowicz is here to discuss the library budget.
The total Library Estimated budget was $139,905.00. The total expense was $124,665.50.
Lynn requested 15 hours of library staffing, because she is short handed. She also needs to purchase new books.
Ron Lavallee asked about the $4,000.00 increase in utilities.
Lynn said that was due to PSNH in February, because they are going to raise their rates again.
The Board thanked Lynn Piotrowicz.
ITEM 5: Review and adopt minutes of November 8th, and November 15th.
Tom Watman made a MOTION to approve and accept minutes of November 8th 2005. Cheryl Morse seconded that motion. The vote was 3-0 in favor of the motion.
Tom Watman made a MOTION to approve and accept the minutes of November 15th 2005. Cheryl seconded the motion. The vote was 3-0 in favor of the motion.
ITEM 6: Town Administrator’s report
St. Theresa’s Church Sale - “ By Consensus we approve that Peter Flynn will research realtors and the selling of Catholic Church Properties.”
Mr. Flynn stated that all of the other Action Items that has any new significance were addressed earlier in the evening.
ITEM 7: Selectmen’s report
Cheryl Morse said that the road agent and the town are on different pages, and that the communication between them needs to be altered in some way. Cheryl Morse said that he should not be making decisions without the back up of the Board.
Ron Lavallee said that the Quaker /Baker sign needed to be put back up. (Sign still there but knocked down)
MOTION made by Tom Watman to adjourn the meeting. Cheryl Morse seconded the motion. The vote was 3-0 in favor of the motion.
Meeting Adjourned at 9:15pm
Respectfully submitted:
Kymlee Murphy
Approved Minutes
Meeting of November 15, 2005
The Grange
Present: Peter Flynn, Town Administrator, Selectmen Rod Pimentel, Cheryl Morse, Cordell Johnston, Tom Watman
Also Present: Dottie Kelsey, Therese Soucy, Roland Soucy, Kimberly Johnson, Bob Pennock, Jon Evans, Lucia Evans, Jeremy Soulliere, Representative Barbara French, Jason Fellows, Lauren Desmond, Shannon Camara, G. Blanchard, Jeff Lloyd, Cynthia Marsland, John Margeson, Lisa Demers – Recording Secretary.
Not Present: Ron Lavallee
6:00 p.m. Board Members reviewed and signed the Consent Agenda.
6:15 p.m. Pledge of Allegiance
Vote on Consent Agenda
Motion by Tom Watman to approve the Consent Agenda reviewed and signed by all members of the Board. Seconded by Rod Pimentel. The vote was 5-0 in favor of the motion.
Public Forum:
Representative Barbara French has salary concerns for the Town officials. She stated we need to help the town employees meet their needs; and asked if their salaries were being looked into.
Mr. Pimentel stated the new board would look into it.
Bob Pennock addressed the board asking permission to place an ad for a part time employee, with benefits, for the transfer station.
Permission granted.
Item 1: John Evans addressed the board requesting the discontinuation of Farrar Road. Mr. Evans reminded the board that Farrar Road is blocked off in the wintertime only to reopen in June or July depending on the weather conditions. The town now places sand piles on the top and bottom of the hill to prevent a through access.
Mr. Evans continued by saying this is not a two-lane road. It’s very difficult for two cars to pass at the same time; not to mention the town has a horrific time during the winter plowing this road. They are constantly getting stuck. If the town discontinues the use of Farrar Road to through traffic, making it a private road, the owners would take the responsibility of maintaining the road and making sure there is access to the power lines for public works. The benefit to the town would be lowering their budget.
Mr. Evans also continued by stating this would not affect the town’s police or fire departments from getting down that road.
Cordell Johnston stated that Farrar Road is currently a class 5 road (which is a town maintained road.) They would have to discontinue it as a class 5 to a class 6 and completely discontinue the road and make it a non-town road.
Mr. Pimentel asked Mr. Evans if he has discussed this proposal with the other residents on his street. Mr. Evans replied no. “I wanted to wait and see the outcome of tonight’s meeting before doing so.”
Mr. Pimentel stated that if the bottom part of the road no longer exists then it diverts back to the owners, half and half.
There was a great deal of discussion regarding driveway access, the loss of road frontage due to the discontinuation, and non-conforming lots.
Mr. Johnston asked if the road was used when it was closed and what was the traffic like during the summer months.
Mr. Evans – Yes, people use the road when it’s closed. They go around the barriers. During the summer months you have construction vehicles and others. It’s a very busy road in the summer.
A lengthy discussion regarding the discontinuation of Farrar Road pursued with the following comments:
Farrar Road is undeveloped. There would have to be a change in the homeowner’s deeds reflecting a power line easement. Kate Blanchard suggested the town contact their attorney to clarify the terms and definitions on how to proceed. Mr. Johnston and Mr. Pimentel were not sure if they would approve a warrant article for Mr. Evans at this time.
Motion Tom Watman moved to submit a request to the Highway Committee and town attorney regarding Mr. Evans request for the discontinuation of Farrar Road. Seconded by Cheryl Morse and approved unanimously.
Item 2 - Angie Robinson - Community Concerts – Budget Review
Ms. Robinson reported to the board her intentions about the 2006 band concert series. Since her budget was cut from $7,000.00 to $5,000.00, she decided there would only be enough funds to cover about 8 to 10 bands (from the usual 10 to 12 bands) especially since some bands were raising their prices.
After a lengthy discussion regarding the band concert budget, Mr. Watman advised Ms. Robinson that they are still working on the band budget for next year and once it is approved they will let her know what she has for funding. Their intentions were not to cut the band budget and the number of bands hired, rather to see if we could obtain the same number of bands for the same budget as last year, or lower, to save money.
Ms. Robinson advised the board that she needed to start contacting bands after the holidays for booking, since their schedules fill up fast.
Cindy Marsland wanted to publicly thank Ms. Robinson for all her efforts in volunteering her time in setting up these concerts each year for the town. “She does a remarkable job!”
Ging Blanchard – Tax Maps – Budget Review
Budget request: $2,500.00
Ms. Blanchard reviewed her budget with the board. Informed the board that these tax maps were created using information that was taken from an aerial survey. She suggested creating these maps with a more up-to-date system, advising the board to form a committee, with those who use the tax maps the most, to decide what/how to redo them. Mr. Pimentel stated he would put this on the “to do list” for the town meeting so it can be addressed.
Peter Flynn – Community Services – Budget Review
Budget request: $50,873.00
Mr. Flynn reviewed his budget with the board and stated he would like to keep the same budget.
Peter Flynn – Code Enforcement/Roland Soucy – Budget Review
Budget request: $18,003.00
Mr. Flynn reviewed his budget with the board. Mr. Johnston asked if the town was proposing a residential building code. Mr. Flynn stated that it was his understanding that there was one being proposed as a result of the zoning proposals.
Human Services – Cindy Marsland – Budget Review
Budget request: $68,250.00
Ms. Marsland reviewed her budget with the board. She stated they have had three new clients in just one day (which is out of the ordinary) requesting heat, electrical, and rent assistance. Two people had shut-off notices and the other has no electric or propane for heat.
Ms. Marsland is requesting and additional $5,200.00 for the medication portion or the budget.
She is also requesting an additional $4,000.00 for fuel assistance next year. There are some people requesting automobile gas money. We don’t normally pay for automobile gas; however I would rather assist someone that is trying to get to work or school.
Since not all drugs are covered, she is also requesting an additional $3,000.00 for medications.
To defray the cost to the town, she readily tells clients to apply for additional services such as WIC, the food pantry, food stamps, and asking their physicians to give out generic prescriptions. Ms. Marsland also stated she offers assistance to the clients in filling out the paperwork.
Since some of these programs take several months to get approved, clients require the aid of the town until they become effective. That’s where the increase in the budget comes in.
Mr. Flynn stated that Ms. Marsland goes above and beyond what is expected of her and praised her for the work she does.
Kim Johnson – Town Clerk – Budget Review
Budget request: $53,228.00
Ms. Johnson reviewed her budget with the board. She pointed out there were several increases such as higher wages and benefit costs, an increase in office supplies, increased mileage, and extra training.
Kim Johnson – Tax Collector – Budget Review
Budget Request: 55,288.00
Ms. Johnson reviewed her budget with the board. She recommended keeping the same budget.
Jason Fellows (for Rick Daniel) – Athletics – Budget Review
Budget requested: $33,183.00
Mr. Fellows reviewed his budget with the board. He recommended a large increase to the budget. Mr. Fellows stated the baseball team needs new equipment, the cost for Umps has gone up since they are having a hard time finding anyone to come out this way. They will not go any further than Weare. Because of this, they want to be able to train their own Umps; asking high school students, college students, and residents to volunteer their time.
They were only doing background checks for the coaches however, they also want to be able to background checks on the assistant coaches. These cost $15.00 each.
Since the paperwork needs to be notarized, it was suggested to contact a local bank, someone that works for the town, or a local resident that is licensed, to volunteer their time.
Mr. Fellows is also requesting $500.00 for equipment bags since the old bags are no good and won’t even zipper anymore. This would be a one-time expense. Mr. Fellows would also like two storage lockers to keep at certain fields to store items. These lockers would be securely fastened and locked down.
Since Mr. Fellows was asking for a lot, Ms. Morse suggested he phase everything in over time. Mr. Pimentel suggested Mr. Fellows go through his budget again and prioritize his needs to trim things down.
John Margeson – Highway Department – Budget Review
Budget requested:
Highway General budget: $528,788.00
Highway Streets: $153,500.00
Highway Street Lights: $$16,500.00
Mr. Margeson reviewed his budget with the board. He pointed out several increases due to the increase in tires and repairs. This will stabilize and is only a one-time deal.
Mr. Margeson stated sand and salt rates have gone down, but may be concerned the dealer will add a fuel charge price.
Item 3 - Review and adopt meeting minutes of November 8, 2005
Mr. Flynn stated the minutes were not available at this time, but would be by the next meeting.
Item 4 – Town Administrators Report
The town hall will reopen on Tuesday, November 22, 2005. Mr. Flynn would like to have an open house on Saturday, November 26, 2005 between 10:00 – 12:00.
The sand shed is complete, just requires painting.
Nothing has happened with the Comcast contract.
The situation with salt in the water is being followed-up.
There is a meeting November 29, 2005 regarding the bend in the curve on Mt. Hunger Road.
There is an estimated tax rate of $25.13.
Motion Mr. Johnston moved to go into a non-public session. Seconded by Mr. Watman and approved unanimously.
Item 5 – Selectmen’s Report
Ms. Morse reviewed her report with the board. Stated she is looking into mandatory recycling at the schools. She has asked other towns how they are doing with it and found there are more questions than answers. Brainstorming is still in the works.
Ms. Morse stated she would not be available for both budget committee/selectmen meetings in January.
Motion Mr. Johnston moved to adjourn public session and go into non-public session per RSA 91,A for legal purposes. Seconded by Mr. Pimentel.
Mr. Watman and Mrs. Morse, Mr. Pimentel and Mr. Johnston voted yes to go into non-public session. 8:50pm
8:55pm – Board came out of non-public and into public session.
Selectmen Johnston motioned to adjourn, seconded by Rod Pimentel. Vote was 4-0 in favor
Board adjourned. 9:00pm
Submitted by Lisa Demers
Approved Minutes
Meeting of November 8, 2005
The Grange
Present: Peter Flynn, Town Administrator, Selectmen Rod Pimentel, Cheryl Morse, Cordell Johnston, Ron Lavallee, and Tom Watman.
Also Present: Jeremy Soullier, Martha Taylor, Rachel Arnold, Pete Fernandes, Bob Pennock, Kevin Steinbach, Ken Levesque, Bill Belanger.
6:00 p.m. The members of the board went over and signed the Consent Agenda.
6:15 p.m. The pledge of allegiance was said.
MOTION made by Cordell Johnston to approve the consent agenda.
Cordell Johnston wanted to move onto the third item. Minutes for October 25th and November 1st.
ITEM 3: Minutes of October 25, 2005 were reviewed and corrected. MOTION made by Rod Pimentel to accept the minutes as corrected. Cordell Johnston seconded. The vote was 5-0 in favor of the motion.
Minutes of November 1, 2005 were reviewed and corrected. MOTION made by Rod Pimentel to accept the minutes as corrected. Cheryl Morse seconded. The vote was 5-0 in favor of the motion.
Public Forum:
BOARD OF SELECTMEN
THE GRANGE
APPROVED MINUTES
PRESENT: Peter Flynn, Town Administrator, Selectmen Rod Pimentel, Cordell Johnston, Tom Watman, Cheryl Morse and Ron Lavallee.
Also present: Stephany Lavallee, Peter Fernandez, Liz Bedard, Bob Pennock, Nancy Foley, James McElroy, Dale Clement, Michelle Bergh, and Jeremy Soulliere.
6:00 p.m.
The meeting began with the Consent Agenda that included a written statement submitted by Tom Watman, dated 10/04/05, a copy that will be attached to these minutes.
PUBLIC FORUM
Stephany Lavallee asked that the Board not conduct any further discussion of improvements and/ or changes to the Old Concord Road project.
Stephany Lavallee expressed concern whether Henniker has a current plan for emergency evacuation routes, an energy plan for future businesses, and a code of ethics policy. She asked the Board of Selectmen to show support for the REACH program, as the Department of Environmental Services, (DES), is considering amending the definition for construction debris.
Ron Lavallee asked for an update on what the grant resources are expended on by Emergency Management Director, Bill Belanger.
Peter Flynn will check with Bill Belanger for that information, and with the Hopkinton town administrator in reference to the Bio Energy issue.
Cordell Johnston suggested inviting Senator Bob Flanders and Henniker representatives to a future selectmen meeting.
In reference to the ethics issue, Cordell Johnston stated the town does not currently have an ordinance in place. He said State law allows the town to adopt a document on ethics, but he is not knowledgeable enough to elaborate on the issue. He added that whatever the state law is, that is what the town follows. To add such an ordinance would require it to be a warrant article.
MOTION made by Cordell Johnston to approve the Consent Agenda with the inclusion of submitted statement. Seconded by Rod Pimentel and voted 5-0 in favor of the motion.
Nancy Foley submitted pictures and explained the volunteers of the Craney Hill Lookout Tower Association would like to clear small trees and brush that has overgrown and is obscuring the view from the lookout tower. This will take place over several years in the fall.
Since the tower sits on approximately one-acre of town land, the town would assume responsibility for any liability during the work. The group would clear between 50- 100 feet from the base of the tower. Rod Pimentel expressed concern for removing large trees, as the group is doing the work themselves.
Dale Clement stated there were over 100 visitors to the tower last weekend. Many commented the trees hindered the view. He said the biggest expense the association has incurred was to install the Plexiglas. Private donations help offset these expenses.
Rod Pimentel asked if the fire department had added a transmitter at the tower. Peter Flynn stated they decided against it.
MOTION by Cordell Johnston to authorize the Association to remove brush and trees at the base of the lookout tower. Seconded by Rod Pimentel and voted 5-0 in favor of the motion.
Bob Pennock introduced Liz Bedard, Executive Director from the Northeast Resource Recovery Association. She presented a Power Point report titled, Pay-As-You-Throw or Mandatory Recycling in Henniker?
After the presentation, Liz Bedard answered questions from the Board. Discussion included education to encourage recycling, enforcement of program, tax money saved by recycling by reducing the tonnage to the incinerator, and comparison of other towns that have PAYT programs.
Issues brought up were the benefits of curbside removal; if curbside encourages recycling and concern that curbside pickup would require another town department to budget for.
Also discussed was the possible increase in traffic at the transfer station if the PAYT program was approved.
The Board agreed to revitalize the Recycling Committee with this new information, and through various means, educate the citizens of Henniker about this program and the benefits of recycling.
Peter Flynn was asked to assemble the Recycling Committee for the next meeting.
Rescheduled for a future meeting.
Item 4. Review and adopt minutes of September 20, 2005.
MOTION by Cordell Johnston to approve minutes as edited. Seconded by Ron Lavallee. Vote of 5-0 in favor of the motion.
The Board discussed a request by Mark Molner to have a park bench erected somewhere near the river in honor of his mother, Mary Molner, who lived in Henniker for 12 years and taught at New England College, at the Writing Center.
After a brief discussion, the Board determined to adhere to their previous decision of not having additional stone monuments erected on town property. Ron Lavallee suggested that Mr. Molner approach the college with his request, and Peter Flynn will do so when he declines his offer.
Cheryl Morse suggested a program where someone may want to plant a tree in memory of someone. First the park’s department would need to map out where a tree may need to be replaced or where one could be added. She reminded the Board that at one time there has been discussion of a possible gazebo for the summer band series. Plaques could be purchased as a memoriam.
Ron Lavallee suggested sizeable donations to the food pantry might be a consideration.
Rod Pimentel suggested the Board discuss these issues again.
· Old Concord Road Sidewalk Project-Construction complete. Minor cleanup and drainage issues still being done.
· West Henniker Paper Mill- Update not available.
· Revaluation Progress- Hearings will be complete this week. Land value is high but tax bill will be less. The information will be sent to DRA within the week.
· Pay As You Throw- Presentation given at this meeting.
· Waste Water engineering and upgrade- No new report.
· Town Hall Renovation-Demolition work complete. Inside wiring and framing began. The floor was leveled as much as it could be, and the 6” pipe was installed for the sprinkler system.
· Salt shed design and purchase- The work is in progress. The foundation has been installed and the walls are up.
· Sale of St. Theresa’s church property along with subdivision process- The survey is complete. Peter Flynn will go before the planning board on October 12 with the conceptual for the minor subdivision plan.
· Sale of Old Hillsboro Road land and Bacon Road land- Work in progress.
· Manhole cleaning maintenance- As of this date the work has not been complete.
· Comcast Cable Renewal- No new report.
· Mount Hunger Road review- Peter is still in communication with Todd Clark.
· Capital Improvement Committee- First meeting is scheduled for October 6, 2005 as an organizational and strategy meeting. These meetings will take place at the temporary town hall.
· Green Mountain Explosive Case- A letter was sent to the ZBA asking for them to have town counsel remove the “Town” from the case. Motion to do so failed at the ZBA meeting of September 21.
· Visitation to Departments- Still scheduled for Saturday, October 15, 2005 at 8:30. Board members to meet at the Crescent Street parking lot.
· Conservation Current Use Report- Report of September 27, 2005 shows $187,050.00 collected, which 50% was to be transferred to Conservation account; $93,525.00. Estimated cash available in account thru 09/27/05; $120,220.24.
· Welfare Data- Statistics for 2005 were reviewed by the Board.
From Ron Lavallee-
· Still a concern about the salt in Sarah Davison’s well. What is the town going to do about it?
· What is the status on the Bennett subdivision with building permits not approved by the fire chief because of the lack of water supply?
Peter Flynn stated Spencer Bennett is challenging the chief’s authority and the matter is being reviewed by town counsel. The Fire Marshall supports the chief.
· Is the grant received by the Emergency Management Director paying for the office space at Liberty Hill Office Park?
· Will the Board get update on the fuel saving plans from all the departments, and do we have the capability to finance increase?
From Cheryl Morse-
She suggested the CIP have an outline of what roads are to be worked on in reference to potential subdivisions.
From Tom Watman-
Rod Pimentel stated they might be doing work in the town right-of-way. Peter Flynn will send a letter of caution to the property owner.
9:10- MOTION by Cheryl Morse to move into non-public session. Seconded by Cordell Johnston. The vote was 5-0 in favor of the motion.
Continued Public Session
Ron Lavallee reviewed the process in which the Town has provided compensation to the Town employees and advised of a deficiency in the past. He said that the policy of annual performance evaluations should be followed and have not been consistently adhered to. This should be done before any step raise is granted.
He asked for a review and modification of the process in order to keep in line with the ‘actual’ state system of step increases.
Board members also asked about health insurance benefits and what the Town can do to possibly reduce, or at least hold the line on the cost of premiums. Peter Flynn was requested to present some ideas to accomplish this.
9:25 p.m. Motion to adjourn by Tom Watman. Seconded by Cordell Johnston. The Board voted unanimously to adjourn.
Respectfully submitted by,
Gail Abramowicz
APPROVED MINUTES
BOARD OF SELECTMEN
MEETING OF SEPTEMBER 20, 2005
PRESENT: Peter Flynn; Town Administrator, Selectmen Rod
Pimentel, Cordell Johnston, Tom Watman, Cheryl Morse and Ron Lavallee.
Also Present: Stephany Lavallee, Bob Pennock, John Margeson, Tom French, Jeremy
Soulliere, and Barbara French.
6:00 pm- Meeting began with the review of the Consent Agenda items.
MOTION by Cordell Johnston to approve the Consent Agenda. Seconded by Rod. Vote
5-0 in favor of the motion.
6:15
Public Forum
• Barbara French spoke in reference to the Green Mountain Explosive proposal.
She stated she was a member of the original Master Plan committee and there was
a big concern to preserve that area as rural and not have it changed to a
commercial zone.
• John Margeson informed the Board the salt shed needed to be relocated slightly
from the previously designed location. He is before the Board to get approval to
pave the area where the former shed was as that is where they will park
equipment for plowing. The estimate from Pike Industries is $6,400.
Peter Flynn gave his recommendations to the Board in favor of this project. He
stated the funds are in the highway budget, it is cost effective because Pike
Industries was charging the same material rate because they are still working on
Old Concord Road, and the area will be a mess in the spring time if left as just
gravel.
After a brief discussion, MOTION to authorize John Margeson to expend $6,400. To
pave the area of the former salt shed was made by Tom Watman. Seconded by Rod
Pimentel. The 5-0 vote was in favor of the motion.
• Ron Lavallee asked John Margeson for a plan to reduce fuel consumption in his
department.
John stated the new highway department truck was delivered this afternoon.
Tom French, Chief of the Rescue Squad, stated he has made changes in his
department relative to fuel consumption and that he will pass the request onto
the fire department chief.
• Stephan Lavallee asked if the town had any plans to put the three forests in a
conservation preserve.
Rod Pimentel stated the Conservation Committee has a map that shows the property
owned by the town and is currently looking at what could be placed in permanent
conservation. He added that the town would not sell any town land before
consulting with the Conservation Committee.
John Margeson noted that there is a forest on Dodge Hill Road, Old Concord Road,
and Depot Hill Road.
Stephany Lavallee asked that the Selectmen take under advisement to look into
this issue of placing land in conservation.
• Bob Pennock presented photographs to the Board in reference to cars parking on
Depot Hill Road. One concern is that there is no designated spaces for town hall
use only. He recalled there were signs at one time stating just that purpose,
but they were removed for some reason. Another concern he stated was the lawn is
being ruined on the memorial park side on Depot Hill Road.
Tom Watman asked John Margeson to look into curbing on the left-hand side of
that street and designated parking signs for the right-hand side.
Rod Pimentel asked John to present a plan for curbing on Depot Hill Road and
Circle Street.
It was suggested that the highway department and the parks department work
together on this project.
MOTION by Tom Watman to authorize the highway department to purchase and place
the appropriate signs in front of the town hall.
Cordell Johnston seconded the motion. The 5-0 vote was in favor of the motion.
Peter Flynn and John Margeson will decide on the design and location of the
signs.
• Tom Watman asked for a report on the conservation account from land use tax
income. Peter Flynn will have that report at the next meeting.
6:50
Item 1: Request for repairs at Transfer Station Facility
Bob Pennock, superintendent, presented photographs showing the wear to the
compactor and a quote of $8, 930.95 for parts, labor, travel and overnight
charges to cover the 2-day rebuilding process.
After a brief discussion, MOTION by Ron Lavallee to approve the request to fix
the compactor at a total price of $8,930.95. Cheryl Morse seconded the motion.
The 5-0 vote was in favor of the motion.
7:00 p.m.
Item 2: Progress report on the Old Concord Road Sidewalk Project
John Margeson stated the project will be completed this week. The second coat of
asphault from Amey Brook Bridge to Crescent Street will be done on Wednesday,
09/21/05. The project came in on budget.
Landscaping will be done possibly in May, and improvements to the drainage with
regards to aesthetics will also need to be done.
Cheryl Morse questioned the incomplete work of the curbing on Main Street, and
the difference in the width of the sidewalk.
Tom French, the engineer on the project from HTA Engineering, answered all their
concerns with regards to decisions needing to be made as the work progressed and
opting for the most cost effective and efficient methods to accomplish the
project and still stay within the budget.
John Margeson will present an estimate to the selectmen, when available, for
what it will cost to complete the curbing on Main Street between the Connor
apartments and Crescent Street, and to include curbing the east side of Depot
Hill Road along Memorial Park and Circle Street.
7:30
Item 3: Selectmen’s Meeting Procedure and Policy- Third Reading
MOTION by Cheryl Morse to accept the policy as presented.
Cordell Johnston seconded. The 5-0 vote was in favor of the motion.
Item 4: Highway Safety Committee meeting report
At the request of the selectmen, the committee was asked to consider the speed
limit on Liberty Hill Road and a citizen’s suggestion of adding a sidewalk in
front of the former Lucky Star restaurant. The selectmen reviewed the minutes
from the Highway Safety Committee’s(HSC) meeting held on September 19, 2005.
• With regards to the speed limit on Liberty Hill Road, there will be signs
erected to indicate the speed limit is 35mph.
• The Liberty Hill Office Park Condominium Association will be asked to install
a stop sign at the end of the driveway before coming onto Liberty Hill Road.
• The committee recommends the selectmen consider installing a sidewalk between
Route 114 and Rush Road.
• Cindy Marsland will be assigning house numbers to new property on Mount Hunger
Road. The committee still has a concern for the lack of any formal house
numbering system for the town, and the large number of residents who still do
not have visible house numbers posted on their homes or mailboxes.
• The last item discussed was the inconsistency of the speed limit on Western
Avenue. John Margeson will check the town ordinance for this area and re-post
the correct signs.
MOTION made by Tom Watman to accept the recommendations of the Highway Safety
Committee as reported. Cheryl Morse seconded. The 5-0 vote was in favor of the
motion.
Item 5: Review of Budget FY2005- Report on fuel projections
The selectmen reviewed a report dated September 12, 2005 as prepared by Russ
Roy, Finance Officer. The report was for the Fire, Rescue, Police and Highway
departments.
The fuel line-item is anticipated to be over budget by a total of $21,762.
Cheryl Morse asked for information on fuel used by the highway department for
the period to 08/31/04 compared to 08/31/05.
The Board continued their review of the budget with a discussion on welfare
assistance, with respect to what guidelines are followed and what town services
are provided.
Peter Flynn will gather information from other towns and the state for
comparison figures.
Item 6: Proposed date for Department facility visitations
The Selectmen will visit each department for a half hour tour starting at 8:30
a.m. The tour is scheduled for Saturday, October 15, 2005.
Item 7:Town Administrator’s Report
• Old Concord Road Sidewalk Project- As discussed at this meeting. The checklist
of items being worked on and the change order request for a stretch of drainage
on the north side.
• West Henniker Paper Mill- The committee time line and minutes from the last
meeting were provided to the selectmen.
• Revaluation Progress- Letters were sent September 21, 2005 with the new
re-evaluation and the information citizens can schedule a meeting to review that
evaluation.
• Pay as you Throw- Ongoing with the recycling committee- A presentation by Liz
Bedard is scheduled for October 4, 2005.
• Waste Water engineering and upgrade- Correspondence relative to the August 30,
2005 meeting of the Water Commissioner.
• Town Hall renovation- The move to the Community Center went well and is a very
functional temporary setup.
• Salt shed design and purchase- As discussed in public forum at this meeting.
• Sale of St. Theresa’s church property & subdivision process- The survey is
complete on this property and the lot line adjustments will be finalized within
four weeks. The property will then be listed for sale.
• Sale of Old Hillsboro Road and Bacon Road land- survey complete on both
properties.
• Policy for Weekly Agenda Format- Third reading and policy adopted at this
meeting.
• Manhole cleaning maintenance- Main Street is done. The highway crew will check
each of the others and assess how many need to be cleaned. When that is
complete, they will know if they need a truck to come in or if they will do the
work themselves.
• Comcast Cable Renewal- Administrators from Hillsboro and Antrim met with Peter
Flynn to discuss strategy. At the August 30 selectmen’s meeting, the Henniker
board authorized a meeting with a legal counsel who specializes in cable
negotiations. There is no charge for this initial meeting. Documentation was
submitted for the selectmen’s review.
• Mount Hunger Road review- Peter Flynn met with Todd Clark, from HTA
Engineering, Spencer Bennett and John Margeson at the site on September 20, 2005
at 10:00 a.m. to review the road design plans for the Bennett subdivision.
Also reviewed with the engineer was the drainage issue for the Joyce
subdivision.
• Highway Safety Committee- summary of their September 19, 2005 meeting
discussed at this selectmen meeting.
• Pending Litigation- Briefly discussed were issues concerning the Knolls, the
Community School and the Green Mountain Explosives appeal. Cordell Johnston
stated the Supreme Court formally accepted the appeal from GME & Town of
Henniker (ZBA).
Item 8: Selectmen’s Report
Rod Pimentel stated he read the letter from Tom Watman, dated August 25, 2005,
and read the ZBA minutes pertaining to the Green Mountain Explosives application
for a variance. Although he agrees the ZBA had a right to do what they did, he
shares some of the concerns as outlined in Tom’s letter. He would like the
selectmen to ask the ZBA to reconsider their position in the appeal with GME.
MOTION by Rod Pimentel to request the Henniker ZBA to consider removing The Town
of Henniker as a party to the appeal.
Tom Watman seconded the motion.
Cheryl Morse asked if it was too late for that since the court has accepted the
appeal.
Cordell Johnston said it is never too late to withdraw from the process.
Ron Lavallee asked if the ZBA would consider the request.
Rod Pimentel stated the reason for the motion is so the town is not pitting
lawyers against each other on behalf of the town.
If the ZBA reconsidered their position, the town attorney will be withdrawn from
the case.
Peter Flynn will draft a letter for the selectmen to review, based on Tom
Watman’s letter, and sent to the ZBA for their review at the September 21, 2005
meeting.
Further discussion on the motion and criteria the letter should convey.
Cordell Johnston wanted it clearly understood that he is not saying that
granting the variance was wrong, but he thought it was based on insufficient
information.
The process of the variance was discussed, and Cordell Johnston stated GME would
then submit an application for site plan to the planning board. He stated in
that process, safety issues would be addressed.
The motion was moved and seconded. The vote was 4-0 in favor of the motion.
Cheryl Morse recused.
Ron Lavallee submitted information reference to the school budget for snow
removal. They have had this item in their budget but have not expended it.
Rod Pimentel asked that another letter be sent to the SAU addressing this
concern. Tom Watman suggested a conversation with Jim Crane may be more
productive.
Item 9: Review minutes of August 30, 2005 meeting
MOTION to accept the minutes was seconded and voted 5-0 in favor of.
New Business
Item 10: Town Hall Painting Bid
Peter Flynn received three bids: NE Heritage, Applications Unlimited, Inc. and
Keeley Painting Co.
The Board discussed the services of the three companies.
MOTION made by Cordell Johnston to accept the bid from Application Unlimited,
Inc. with a written 3-year guarantee on the work.
Seconded by Ron Lavallee. The 5-0 vote was in favor of the motion.
Cheryl Morse asked for an update on the background checks for the Athletic
Committee coaches. Peter Flynn stated the town submits these forms to the state
at a cost of $15.00 per records check.
Ron Lavallee asked for the Board to go into Non-Public session per RSA
91-A:3,II(a)
Meeting adjourned at 9:25pm.
Next meeting scheduled for October 4, 2005, at the Grange Hall on Western Ave.
Submitted by,
Gail Abramowicz
APPROVED MINUTES
BOARD OF SELECTMEN
MEETING OF AUGUST 30, 2005
TOWN OFFICES
PRESENT: Peter Flynn; Town Administrator, Selectmen Rod Pimentel,
Cordell Johnston, Tom Watman, Cheryl Morse and Ron Lavallee.
Also Present: Ken Levesque, Stephany Lavallee, Stephen Forster, Bob Pennock,
Lloyd Henderson, Jeremy Soulliere, John Margeson, Leon Parker, Tim Russell, Marc
McKenney, Christien Bolduc, and David Reynolds.
6:00 pm- Meeting began with the review of the Consent Agenda items.
6:15 - Public Agenda meeting began with the Pledge of Allegiance.
Public Forum
Stephen Forster, property owner on Mt. Hunger Road, voiced opposition to the
proposed movement of a section of that road in the recently approved major
subdivision plan for the Bennett Family property. He stated existing speed
safety concerns on that road, particular on Friday and Saturday nights, and with
this proposal to straighten the road, it will make it like a speedway for
travelers. He also stated concerns that the plan will change the rural
characteristics of the road.
Rod Pimentel asked if these concerns could be brought to the attention of the
planning board.
Cordell Johnston, Selectmen Ex-Officio to the planning board, stated the
application has been approved with conditions One of those conditions is that
the town’s engineer and the town road agent review the road design, and need to
approve it before the recordable plans are signed.
Peter Flynn stated the town’s engineer is Hoyle, Tanner & Associates (HTA), and
Spencer Bennett has been working with Todd Clark on this project.
Rod Pimentel suggested to Stephen Forster that he write a letter to HTA and
request a meeting with them to review the road design plans.
Peter Flynn will coordinate this meeting.
Stephen Forster went on to say that development is inevitable, but he did not
believe someone should be able to move a road just because they can pay for the
service and be able to create a new buildable lot in the process.
Tom Watman asked who has the final say in the road changes.
Motion made by Tom Watman to have HTA be required to bring proposal for road
changes to Mt. Hunger Rd. to the board of selectmen after HTA consults with
abutters.
Discussion continued before a second to the motion and vote was taken.
John Margeson stated there were planning board regulations in reference to the
applicant being responsible for fees incurred when consulting with the town’s
engineer. It was requested of Spencer Bennett to have HTA review the road design
and that HTA make recommendations to the planning board.
Cheryl Morse stated the Master Plan makes several references to the rural
character of roads.
Tom Watman asked if the road design was presented at the planning board meeting.
Cordell Johnston stated he was not at that meeting, so he could not offer
information.
The motion was then seconded by Ron Lavallee.
Cordell stated he would vote against that motion because this scenario is
similar to that of the ZBA and the Green Mountain Explosives application, in
that the board of selectmen do not have the authority to overrule the planning
board.
Ron Lavallee stated this issue is similar where a board is making a decision
with only 90% of the information.
Tom Watman questioned the role of the selectmen if it was not suppose to reserve
the right to counter unsafe decisions made by the other boards. The selectmen
have a responsibility to the town to address these issues.
Gail Abramowicz asked if she may speak to the action taken by the planning
board, as she was the board member to make the motion to approve the application
with the four conditions. She stated HTA was asked by the planning board to
review the plan because there was a proposed driveway without the required safe
site distance. After that review, HTA made recommendations to the board that
would bring the proposed plan in compliance with the regulations, and the
applicant has agreed to follow those recommendations.
Tom Watman asked if there are recorded minutes of that decision. The meetings
are not recorded by machine.
A motion was made and seconded. The vote was in favor of the motion, 5-0. The
proposed road changes to Mt. Hunger on the Bennett property will be reviewed by
the board of selectmen prior to the subdivision plans being signed.
6:50- Motion was made by Cheryl Morse to approve the Consent Agenda items.
Seconded by Cordell Johnston. Vote was in favor of the motion, 5-0.
Item 1: Waste Water Billing Policy and Capital Improvements Plan funds
Ken Levesque, supervisor of the department, presented copies of the Henniker
Sewer Ordinance to reference an issue that may come before them in the future.
This issue relates to a building in the Liberty Hill Office Park that is being
rented by several businesses. The question at hand is the change in the billing
structure now that the one building in no longer owned by one company, but the
office space is leased to several businesses, which under the ordinance, should
be billed as separate units.
As a separate issue, Ken stated the facility is going through a major upgrade,
with a large portion of the funds coming from his reserve account. He stated,
according to the CIP, that his allotted funds will fall short of the future
expenses. He asked if the needed funds will be raised through the budget or by a
rate increase. Again, he is bringing this matter to their attention well in
advance of when the issue becomes a problem.
Rod Pimentel asked if Ken could pull together projected expenses, with everyone
realizing that there are variables that will make those numbers an
approximation.
Ken Levesque stated that if the current project comes under budget, he will have
that money to put back into his reserve account. He gave an update on that
project, with a start date of next Spring.
Item 2: Update on Highway Department Projects
John Margeson, Highway Superintendent, stated the salt shed construction
will begin mid-September, with a completion date of mid-October. Flanders Road
and sections of Gulf Road were recently paved. Old Concord Road contractors to
be finished within the week, and then the top coat can be applied. The
department is preparing for preventive maintenance.
John brought to the Board’s attention an issue with snow removal at the
Community School. He stated that 3 years ago the school lost their contractor,
and his department had stepped in to help them out. As this was only a verbal
agreement, there was no contract to end this service, and he does not have it in
his budget this year to continue to do this. He was under the impression the
school was paying the town for this service.
Peter Flynn stated the school has not budgeted for this item for 2 years.
Motion by Tom Watman that the Board of Selectmen inform Henniker Community
School, that the town will cease maintenance of snow removal for the 2006/2007
school year, and that the school is encouraged to resume those duties sooner, if
at all possible.
Seconded by Cheryl Morse. There was further discussion.
Cordell Johnston stated that if the school could not resume the snow removal
duty sooner, then perhaps the school could meet the town half way with expenses,
or apply any surplus funds at the end of the year back to the town.
The previous motion was made and seconded. The vote was 5-0 in favor of the
motion.
Rod Pimentel asked Peter Flynn to meet with Jim Crane and /or the school board.
He added that money would be diverted to the highway budget if the school could
not help with the snow removal expenses.
7:20
Item 3: Part-time police officer requests & crossing guard appointments
Police Chief Tim Russell stated there has been a vacancy for a while for two
part-time officers. In June was the third time in 18 months that he has had
applicants go through the lengthy process.
Chief Russell introduced Marc McKenney and Christien Bolduc as his
recommendations to the Board for appointment as part-time officers.
Chief Russell stated the department had advertised for two crossing guards,
getting three applications. Chief Russell asked that Kelly Dobrinski and Angela
Beecher be appointed to the area at the crosswalk in front of the community
school and at the crosswalk from the Citizen Bank to Lucky Star restaurant.
Motion made by Cheryl Morse to accept Chief Russell’s nominees for part-time
officers and crossing guards. Seconded by Cordell Johnston. Vote was 5-0 in
favor of the motion.
7:30
Item 5- Old Home Days proposal 2006
Peter Flynn introduced David Reynolds, a junior at John Stark Regional High
School. As his senior project, David would like to start up Henniker Old Homes
Days again.
He presented a very preliminary plan, and Board members gave him suggestions of
people to talk with in town and to contact people from other towns who have
hosted the event. It was also suggested that he gather names of interested
people to form a committee and invited him back to present list at a future
meeting.
7:40
Item 6- Sidewalk issue in Proctor Square
Kristen MacLean expressed concern that a crosswalk is painted on Maple
Street to cross from the Citizen Bank to the Lucky Star, but there is no
sidewalk in front of the Lucky Star.
Rod Pimentel stated this issue has been discussed in the past, with regards to
crosswalks that lead to no sidewalk.
There was a discussion on who owns that parcel where the flowers are presently
planted, and the issue of snow removal for the property owner, as there is no
other place to pile it accept there by the road.
Kristen MacLean stated there seems to be a lot of parking there for just one
building. Members stated the property is grandfathered from zoning ordinance for
parking space compliance, and that the lot, and on the sides of the building,
are for the laundromat and the apartments. The restaurant is not open at this
time.
There was a discussion of the possibility of moving the designated crossing
guard post to that of infront of the pharmacy and across to Main Street, but
that was determined less safe because of the double roadway with the island
there.
Rod Pimentel suggested that Peter Flynn speak with Chief Russell to figure out
the best crossing area.
Item 6: Review of status of Revaluation process
Peter Flynn explained what the informal process means and assured the
members that everything will be ready for the new tax rate to be set. Property
owners will have an opportunity to meet with a representative and these hearings
will be held at the Henniker Teen Center, located downstairs at the Community
Center.
Peter Flynn reminded the Board that all town activities that were using the
upstairs at the Community Center have been suspended, but the Teen Center will
not be effected by the relocation of the town offices. The Teen Center will be
open again on Friday nights from 6:30- 10:00 p.m. starting September 9.
Item 7: Selectmen’s Meeting Policy- Second Reading
Brief discussion on minor edits. Peter Flynn will make changes and have a
final draft for the next meeting.
Item 8: Amicus Brief RE: Green Mountain Explosives (GME) Supreme Court appeal
Tom Watman outlined why he felt the Board should act on this, with the
bottom line being the safety issues to the town. He stated that the emergency
management director had not been forewarned of the meeting and had no knowledge
of the proposal to the ZBA. With that, Tom Watman did not believe the ZBA had
sufficient information to make the decision they did.
Cordell Johnston stated this was the most convincing argument to date on this
subject. He understood the concern that the town departments were not notified
to submit their input on the proposal, but he is still reluctant for the
selectmen to get involved in the ZBA matter. He added that if the Amicus Brief
is filed, logistically the town will be paying for two counsels.
Tom Watman clarified his concerns, stating that it is not a question if the ZBA
has the right to change the zoning, but how did they come to the conclusion
without getting adequate information to come to that conclusion.
Cheryl Morse asked what the procedure is for filing the Amicus Brief. Cordell
Johnston outlined the process.
Cordell Johnston answered a question asked at a previous meeting whether he
should be disqualified from voting on this issue because the proposed plan from
GME may come before the planning board.
Motion made by Ron Lavallee that after considering recent information, the Board
came to a decision to file the brief.
Seconded by Tom Watman. The vote was Ron and Tom in favor of the motion. Rod and
Cordell against the motion. Cheryl recused.
No action will be taken at this time with regards to filing the Amicus Brief.
Item 10: Town Administrator’s report.
• Old Concord Road Sidewalk Project- The guardrails have been installed, the
stonewall is finished, and the drainage work near the soccer field has been
completed. The sidewalk prep work for the finished topping still ongoing.
• West Henniker Paper Mill-The committee set its time line and information from
their last meeting is included in selectmen’s agenda book.
• Revaluation Process- A sample letter that is being sent to the public is
included in this meeting’s agenda.
• Pay- As-You-Throw- No new report.
• Waste Water engineering and upgrade- Ken Levesque will give an update on cost
factors resulting in using up Capital Reserves on the current major upgrade at
8/30 meeting.
• Town Hall renovation- Move is scheduled for September 6. Notification given to
newspapers and will be featured I the September Outlook.
• Salt shed design and purchase- John Margeson will present this information at
this meeting.
• Sale of town property: Former St. Theresa’s church, land on Old Hillsboro Road
and Bacon Road. No new report.
• Salt in well on Cote Hill Road- Other than replacing the well, the only
solution is preventing road drainage from entering the property. One preventive
maintenance issue is to restrict salting in front of the house but conditions
would be dangerous for cars. More information from both property owner and
highway department may be available for the next meeting.
• Highway Department 6-month work plan- John will present prepared information
at this meeting.
• Policy for Weekly Agenda Format- Second reading of policy at this meeting.
• Manhole cleaning maintenance- John Margeson will present at this meeting.
• Clarification regarding non-organic food growth in Henniker- Information not
available for tonight’s meeting.
• Boston Post Cane presentation- Letter of recognition was presented to Odetta
French Hardy on August 17, 2005.
• Comcast Cable Renewal- Peter met with representatives from Hillsboro and
Antrim. More information presented when available.
Item 11: Selectmen’s reports
Tom Watman asked if there will be a calling of a meeting of the Highway
Safety Committee.
Peter Flynn stated he will speak with Chairman Chief Russell to schedule a
meeting.
Cheryl Morse asked about the blind driveway signs that were on Bridge Street by
Fitch Hall.
Research is still being done as to where they were and why they were removed.
Tom Watman asked if the Board was going to have an outline of the welfare
expenditures.
Cheryl Morse asked if the town owned a crack sealer. Also, she expressed concern
that there was insufficient notification for when the hydrants were being
flushed.
The education funding suit was briefly discussed with no action being taken.
Item 12- Minutes of August 16, 2005 meeting.
Both public and non-public minutes were reviewed with minor edits.
Motion made by Rod Pimentel to approve the minutes. Seconded by Ron Lavallee.
The vote was 5-0 in favor of the motion.
Next meeting scheduled for September 20, 2005, at the Grange Hall on Western
Ave.
9:00 Motion to adjourn meeting.
Submitted by, Gail Abramowicz
APPROVED MINUTES
Present: Town Administrator Peter Flynn, Selectmen Rod Pimentel, Thomas Watman, Cordell Johnston, Ron Lavallee, Cheryl Morse. Also, Lloyd Henderson, Jeremy Soulierre, Cindy Marsland, Paula Clemente and Stephany M. Lavallee.
6:00 PM Meeting began with the reviewing of the Consent Agenda items. Motion by Cheryl Morse to approve and seconded by Rod Pimentel. Adopted by a vote of 5-0.
Rod Pimentel asked Cordell Johnston to conduct the meeting as he had a throat infection.
6:15 PM Public Agenda Meeting began with the Pledge of Allegiance;
Public Forum- No issues.
Item 2: Minutes of July 19, 2005 meeting were reviewed.
Motion by Cheryl Morse to approve the minutes with minor edits. Second by Tom Watman. Approved 5-0
Item 3: Town Committees and Boards- Third reading
Appointment item (d) text changed.
Cheryl Morse asked if the ZBA should have a selectmen as a member. Cordell Johnston stated as with any board, a selectmen could be a member. There is not an RSA stating that requirement. At the present time, there is not a vacancy on that board.
The only two boards that are required to have a member of the selectmen are the planning board and the historical district commission.
Cindy Marsland asked if the ZBA were to include a selectmen, would that be a conflict of interest as it is a legislative board.
It was clarified that the ZBA can overturn a decision made by the PB when a decision is made on a zoning ordinance.
Cheryl Morse recommended there be a member of the selectmen on that board so the other selectmen could get first hand information from the ZBA meetings.
There was a brief discussion on if the selectmen could be an alternate member, attend as an observer, or actively participate in the discussion but be a non-voting member.
Motion by Cheryl Morse to add a selectmen to be an alternate member on the ZBA.* Second by Tom Watman. Approved 4-1. Ron Lavallee opposed the motion.
The Selectmen then discussed where town committees and board openings should be posted. It was concluded that in addition to the present locations, town hall, the library, and the post office, the local newspapers, NH Contender and the Villager, would list the information.
Changes made to the draft: Page 1, 1a-xii (add*), 1d (edit text to read…sworn in by the Town Clerk or Deputy), page 2, 5a (..submit his or her resignation…)
Motion by Ron Lavallee to accept the policy as corrected. Second by Tom Watman. Approved 5-0.
An updated policy will be included in the next board member packet.
Item 4: Presentation of final cost estimate and plan for Town Hall renovation.
Peter Flynn worked with Frank Lemay of Milestone Engineering and was able to get the cost to meet the budget of $190,000. Minor cosmetic detail was eliminated but the layout remains basically the same. The plan will still include a sprinkler system and a new fire alarm system. The court area and lobby will not be on the central air system. There will be new carpeting and new ceiling tiles.
Not included in the cost is the exterior painting, but that was a separate budget item. The board will review an updated plan when prepared.
Motion by Cheryl Morse to accept presentation and cost estimate as presented in the July 29, 2005 letter from Milestone Engineering, and to authorize town administrator to engage in a contract with said firm. Second by Tom Watman. Approved 5-0.
Timeline to start is still September 2005. Details are being finalized to the Henniker Community Center to accommodate the town offices during the renovation.
Item 1: Revaluation Overview of ‘spot checks’
Paula Clemente, representative from NH Dept. of Revenue, gave an update on assessment review. The final report was not available because the review is not completed. She reviewed the process to the board, and outlined what her role is in the process.
Members expressed a concern about the due date this information is to be submitted to the state. Henniker will be applying for an extension, should that be necessary.
Cindy Marsland stated that the revaluation information will be available for 90 days for the public to view on the town website, when the process is complete. There will be a process where property owners can call for a hearing. The assessment card will reflect the present value and the revised value.
Paula Clemente stated the present building permit process has caused some property values to show a significant change in their assessed value. She offered to do a presentation to show equity on why the permit process is important.
Discussion concluded with the recommendation that the board see a final review and the first statistics before the final bond payment be released to Vision.
Item 5: Cable TV- Franchise Renewal
The present contract is due to expire within the next two years. The board discussed alternative cable carriers; Comcast and Adelphia are the two options. It was also suggested that representatives from Henniker, Hillsboro and Antrim organize to form a committee to present alternatives and service options to their respective selectmen.
Motion by Tom Watman to authorize town administrator to contact representative from the neighboring towns to determine their interest in a joint cable contract.
Second by Rod Pimentel. Approved 5-0.
Item 6: Soccer Field Lease Extension
Very brief discussion in reference to the Old Concord Road soccer fields.
Motion by Rod Pimentel to authorize Town of Henniker to renew lease for soccer field for 5 years from the Army Corp of Engineers.
Second by Cheryl Morse. Approved 5-0.
Item 7: CNHRPC- Addendum to circuit rider agreement.
The board reviewed the addendum and corrected the compensation dates.
Motion by Ron Lavallee for the board to sign the circuit rider planning services contract as corrected by Peter.
Second by Tom Watman. Aprroved 5-0.
Item 8: Town Administrators report
Old Concord Road- At no additional expense to the town, a granite barrier will be erected. Guardrails will be installed where it dips.
Cheryl Morse asked if the issue in reference to the washout was resolved and who oversaw the project when the surface was being prepared. Peter Flynn indicated the problem was resolved and the highway department is overseeing this project.
Discussion turned to the cement slabs in front of Main Street Pizza and if a solution was found for the water drainage issue. Repairs are still in the planning stage.
West Henniker Paper Mill- Nothing new to report.
Revaluation Progress- Update discussed at this meeting.
Pay as you Throw- Liz Bradard will forward report to be discussed at next meeting.
Waste Water engineering and upgrade- nothing new to report.
Town Hall Renovation- discussed at this meeting.
Town Administrator’s report continued.
Salt shed design and purchase-Work to proceed as scheduled by John Margeson.
Sale of St. Theresa’s and subdivision process- Peter met with Art Siciliano to review lot line change and how the survey plays in to the plan.
Sale of Old Hillsboro Road land and Bacon Road plan included in the above meeting.
Town Committee and Boards- Discussed at this meeting.
Ron Lavallee asked for an update on the status of the salt seeping on Cote Hill Road. Peter Flynn stated that the road agent has witnessed the drainage issue and issue has been resolved.
Ron Lavallee also asked when the dirt piles on Class VI roads would be removed. Peter Flynn stated these would be removed as time allows.
Ron Lavallee requested the board be given a copy of the highway department’s project schedule for the next six months. Cheryl Morse asked how this information would be relayed to the board. Rod Pimentel recommended that any department project issues be relayed through the town administrator.
Ron Lavallee stated he received a call from a Peterborough resident in reference to genetically engineered crops. Town report was specific on what should be enforced. It does not state who enforces these issues. Cordell Johnston will look into the legalities on this issue.
Ron Lavallee asked Peter Flynn to clarify what committees he is to attend since filling Thea Braiterman’s position.
Members discussed the court proceedings on the Green Mountain Explosives case. No hearing date has been set and the case is in the preliminary stage. Ron Lavallee asked if the board would be willing to have an attorney put together an Emicus brief. Cordell Johnston stated the process the suit is in.
The issue is the suit was filed under the title of Town of Henniker/ Green Mountain Explosives (GME). Cheryl Morse restated her opinion that the title should read from the Henniker ZBA/ GME, and that the present title is unfair to the Henniker community.
Cordell Johnston reminded the members that a survey was conducted in March at the voting polls proposing moving town meeting from Wednesday night to Saturday. By a narrow margin, Saturday came out ahead. Discussion will be an agenda item at the first September meeting.
Rod Pimentel asked for an update on the Boston Post Cane. Peter Flynn has been in contact with the daughter of the oldest Henniker Citizen, Mrs. Odetta Hardy.
Rod Pimentel asked when the stop sign at Ray Road & Dodge Hill could be replaced. Peter Flynn will look into it.
Cheryl asked if the manhole cleanup has been scheduled.
Tom Watman asked what the process of evaluation of department heads and reappointment process is. No issues, he just is curious of the performance review process. Peter Flynn stated that he does the department head reviews.
Ron Lavallee asked if the selectmen review those evaluations. Peter Flynn stated they do not.
Motion to adjourn was made at 8:15 PM.
Respectfully submitted:
Gail Abramowicz
BOARD OF SELECTMEN
Present: Town Administrator Peter Flynn, Selectmen Rod Pimentel, Thomas Watman, Cordell Johnston, Ron Lavallee. (Cheryl Morse excused due to her presence at another town committee meeting). Also, Lloyd Henderson, Jeremy Soulierre and Stephany M. Lavallee.
6:00PM Meeting began with the reviewing of the Consent Agenda items. Motion by Ron Lavallee to approve and seconded by Cordell Johnston. Adopted by a vote of 4-0
6:15PM Public agenda Meeting began with the Pledge of Allegiance followed by the public forum.
Stephany Lavallee asked about the format and status on the selectmen’s involvement with the impact fees. Cordell Johnston stated that the school district portion would be address first. He explained that the Impact Fee process was the function of the Planning Board. However, the other town government services such as highway and public safely would be considered in the future with more involvement from the Selectmen.
Item 1: Martha Taylor explained the status on the Boston Post Cane policy and told the board that since the previous holder has passed away recently the Historical Society had a new recommendation for a recipient. Odetta Flint Hardy was named as the current oldest Henniker resident. She is now in a nursing home in Pleasant View Nursing Home. She also explained the history of who makes the recommendation for this honor and how this came about over the years.
Motion by Cordell Johnston to provide a proclamation on Mrs. Hardy’s behalf, second by Ron Lavallee. Approved 4-0
Item 2: Emergency Management Director Bill Belanger explained to the Board that he is seeking authority to accept a grant to establish a local ‘Citizens Corps’. He explained all the details of what this grant encompasses and the breakdown on protocol of the functions and personnel breakdown. The program will include the formation of a ‘Certified Emergency Response Team’. Ron Lavalle asked Mr. Belanger how he appointed himself as the planner and administrator of the Citizens Corps Council and what were his qualifications to do so.
Mr. Belanger also discussed other available funding that could be possible in conditions of hazard mitigation and elevation design for the Ramsdell Road Bridge.
He sought permission from the board to approve the CORPS and authorize the disbursement of the grant funds. He would be seeking volunteers to be serving in various areas of the proposed Corps.
Motion by Tom Watman to authorize the ‘acceptance of the grant and directed the funds received to be processed through the Town treasury’. Seconded by Cordell Johnston. Approved 4-0.
Item 3: Tom French gave the board an update on the status of the Old Concord Road project. He discussed four items dealing primarily with erosion at the job site.
1) Sidewalk – From Crescent Street to the soccer fields to include repair to the older sidewalks near the Main Street end. All are included in Transportation Enhancement Grant and related sidewalk. Granite curbing and drainage. (90 % subsurface drains)
2) Retaining Wall #1-complete; project has two parts of retaining walls. Road has been installed by Town and retaining walls and curbing is through Perm-a-Drive. Pike Industries handles the hot top.
3) Retaining wall #2; 50% complete-will have stone facing to blend in with the ‘value engineering’
4) Unsuitable material removed from shoulders-better material to be brought in.
5) Curbing installation will be done in about two weeks. There will be curb gaps in front of cemetery area to allow for driveways. Final drain basins will also be installed by then.
6) Cut into embankment in front of Marshall Connor’s house.
He said that the project should be complete in 4-6 weeks. After the sidewalk project is completed the road will be completely repaved with the ‘finish coat’ extending from Amy Brook to Main Street (near Crescent).
Old Business:
* Policies of Town Boards and Committees: Second Reading
Minor change in letter ‘d’ to read ‘swearing in’.
Motion by Town Watman to approve and schedule for third reading, seconded by Cordell Johnston Approved 4-0
New Business:
Item 4: July 5th minutes. Motion by Cordell Johnson seconded by Tom Watman to approve as corrected. Adopted 4-0
Item 5: Town Administrators Report:
1) Tom French addressed concerns tonight.
2) Paper Mill Committee will meet on Saturday, July 23, 2005 at 9:00am at the site.
3) Finished item
4) Revaluation pretty much complete. Paula Clemente from the NH-DRA will come before the Selectmen at the meeting of August 2 to explain her findings in randomly visiting already revalued properties.
5) Pay As You Throw is ongoing work in progress
6) Waste Water project – work in progress (engineering)
7) Peter expecting new proposal by August 2 for Selection review/approval.
8) Salt Shed – work in progress-bids awarded and signed and construction to start soon.
9) Art Siciliano to start on St. Theresa’s soon.
10) Same as above
11) Same as above
Cordell Johnston – Will provide legal response from Local Government Center to anonomouus letter regarding organic foods complaint
Ron Lavallee – Address Cote Hill problem with salt water from road draining into citizens well. Concerned about unsightly piles of dirt on Class 6 roads trenches.
Clarification of Deb’s title of secretary or executive secretary. Could have an impact on pay scale.
Motion to adjourn by Rod Pimentel, Seconded by Ron Lavallee.
Meeting adjourned at 7:40PM
Respectfully submitted:
Peter R. Flynn
Approved
BOARD OF SELECTMEN
TOWN OFFICES
Present: Rod Pimentel, Cordell Johnston, Tom Watman, Cheryl Morse, Ron Lavallee, Peter Flynn, Stephany Lavallee, Lloyd Henderson, Laurie Grob, Jeremy Soulliere, Tim Russell, Danny Aucoin, Samantha Davenport, Charles Davenport, Patricia St. Laurence, Stephen St. Laurence, Hank Szelog, John Margeson, and Matthew French.
6:00 p.m. Consent Agenda signatures and vote
Motion by Cordell Johnston to approve the Consent Agenda.
Seconded by Cheryl Morse. Unanimously approved, 5-0.
The Pledge of Allegiance was recited at 6:15 p.m.
Public Forum
Stephany Lavallee thanked the selectman for supporting the town of Hopkinton in their effort with the State to suspend operation permits to Bio Energy.
6:20 p.m. Item 1 Trustees of the Trust Funds
Laura Grob presented an outline for this informational session. He stated the details for the completion of the long range documentation project.
Members discussed the proper notice and posting for the replacement of trustee R. Gosse. There was one application received for this vacancy.
Motion by Cheryl Morse to appoint Ron Taylor to fill position vacated by Ron Gosse as a Trustee of the Trust Fund until March election, 2006.
Seconded by *. The vote was 5-0 in favor of the motion.
Laure Grob continued with presentation. He highlighted item D of the outline which reference the Henniker Community Center Expendable Trust. The selectmen have a say on what funds are to be allocated. Any principal earned on the account is also expendable.
6:30 p.m. Item 2: Main Street Sidewalk Issue
Kevin Daniel stated there is a flooding issue between Main Street Pizza and Cyclesmith. He believes the sidewalk was installed improperly in that it slopes toward the building instead of away.
John Margeson, Highway Superintendent, stated there is a 6” grate under the eaves of the building, and agreed that the sidewalk is sloped toward the building.
After a brief discussion, it was concluded that John would take another look at the problem, preferably during the next rainstorm, and present his findings and repair suggestions or alternative at the next meeting.
6:45 p.m. Item 6- Towing Policy- Third reading
This policy was drafted for the purpose to set general requirements and standards for the providing of towing services processed through the Henniker Police Department.
The Board of Selectmen were asked why they should be able to dictate the rate fees of the towing companies.
Police Chief Tim Russell stated it wasn’t that the town should dictate what rate the companies charge the public, but that they not be so drastically different. Presently there are two companies that share the towing schedule. He stated some circumstances when it isn’t fair for the public to have to pay a higher rate charged by one company because it is that companies scheduled call-out week. He also stated that not all drivers have towing charges included in their insurance premiums and they question the fees they are required to pay to retrieve their vehicles. He added that the towing companies are acting as agents of the Town of Henniker, and should be responsible to set fair and reasonable towing rates.
There was a brief discussion on obtaining rate fees charged by other companies, and possibly inquire what the state police have for a policy.
Stephany Lavallee suggested changes to item 3 under Qualifications. She suggested Triple A be removed and a more generic term be used for such membership services. Ron Lavallee asked for a paper copy of Advantage Towing’s rate schedule. The company refused to provide the rates, saying, “They had already given their rates to Tim Russell month’s ago.” Besides, the company representative stated “We will make more money by adopting Danny Aucoin’s rte schedule.”
There was a revision made to the draft. Under the Current Rate Schedule heading, item number 10 was added to read, “Any surcharges beyond the schedule cannot be levied unless submitted in advance to the Board of Selectmen for consideration”.
Motion by Tom Watman to adopt revised towing schedule as presented by Chief Russell, and the alternatives and additions to the policy as discussed.
Seconded by Cheryl Morse. The vote of 5-0 was in favor of the motion.
Item 3- Leclair offer re: Tax Abatement
The Board discussed a consideration for a compromise to the original vote of denial for tax abatement voted on February 1, 2005.
Motion by Tom Watman to deny request for abatement.
Seconded by Ron Lavallee. Vote was 5-0 in favor of the motion.
Item 7- Salt Shed Proposal
The proposed building design submitted by Glover Construction and the proposed electrical specifications and estimate submitted by Mamakating Electric Co. Inc. were discussed. John Margeson answered questions from the board for this project.
Cordell Johnston stated for this record that these proposals pre-dated the competitive bidding policy.
The budget for this project is $116,000. The proposals total $115, 650.
Motion by Tom Watman for Board to authorize Glover Construction to build the proposed salt shed at the proffered price of $90,000.
Seconded by Cheryl Morse. Vote was 5-0 in favor of the motion.
Motion by Cheryl Morse to expend $25, 650 per specifications provided by Mamakating Electric for the proposed salt shed and existing workshop.
Seconded by Cordell Johnston. Vote was 5-0 in favor of the motion.
Item 4 - Open Bids for Town Hall Renovations
There was one bid submitted. Milestone Engineering & Construction sent in their bid at $274, 725.
$185,000 was appropriated for the project. Peter Flynn will meet with the company representative to review the proposal and see where design alternatives can possibly bring the estimate closer to the budget price.
Item 5- Open Bids for surveying town property for sale.
There were two bids submitted.
First bid opened was from Don Blanchard. His bid for surveying all three properties was $9,000.
Second bid opened was from Art Siciliano. His bid came in at $7,800 and stated he could have the survey done by August 15, 2005.
Motion by Rod Pimentel to accept the bid from Art Siciliano to survey all three properties.
Seconded by Cheryl Morse. Vote was 5-0 in favor of the motion.
Item 8 – Review draft minutes June 21, 2005.
Minor grammatical edits on pages 1, 2, and 3. Page 2, second paragraph under the heading “Appointments” was deleted.
Motion by Cheryl Morse to accept the minutes as edited.
Seconded by Cordell Johnston and unanimously approved.
Motion to approve non-public minutes, section 1, as submitted.
Seconded by Rod Pimentel and unanimously approved.
Motion to approve non-public minutes, section 2, as submitted.
Seconded by Tom Watman and unanimously approved.
Item 9- Legal Application Process (Third reading)
Final draft of Litigation Involving Town Boards and Committees was briefly discussed.
Motion by Ron Lavallee to approve as amended the legal application process policy. Seconded by Tom Watman and unanimously approved.
New Business
Item 11- Policy- Town Committees and Boards- (first reading)
Tom Watman did a great job with this first draft. Cordell Johnston had several technical suggestions and the Board reviewed the policy.
Cordell will make revisions to the policy as discussed and will be presented at the next meeting.
Item 12- Town Administrator’s Report
· Pay as you Throw- No new report.
· Waste Water engineering and upgrade- Awaiting construction plan.
· Town Hall renovation- Discussed previously at this meeting.
· Purchase of Highway Dump truck- No new report.
· Salt Shed Design and Purchase- Previously discussed at this meeting.
· Sale of St. Theresa’s church property- Survey bid opened at this meeting.
· Sale of Old Hillsboro Rd. land and Bacon Rd. land- Survey bid opened at this meeting.
· Towing Policy- Third reading and adoption at this meeting.
· Legal Application Process- Third reading and adoption at this meeting.
· Town Committees and Boards- First reading at this meeting.
Rod Pimentel suggested the Board submit personal vacation schedules to avoid quorum issues. Peter Flynn asked that members send their schedule to him via e-mail.
Cordell Johnston suggested the Board do something to acknowledge Chief Russell as the recipient of the Civil Justice Award presented to him last month. Options were briefly discussed.
Referring to a copy of a letter the town received that Hopkinton Police Chief Wheeler sent to Commissioner Murray in regards to traffic issues on Route 202/9, Cordell Johnston proposed a letter be sent to Chief Wheeler asking that the Town of Henniker be informed of any meetings with the state representatives on this issue.
Cordell asked fellow selectmen if the Town of Henniker should consider joining the Education Funding lawsuit, as the town will be losing an additional $233,000 in state funding. He stated it may cost the town $500- $1,000 in fees to join this lawsuit.
Tom Watman suggested contacting the school board to see what their position is on this issue. Cheryl Morse will attend the next meeting and was preparing a short list of questions.
Rod Pimentel asked Tom Watman if he would draft Certificate of Occupancy policy to be discussed at a future meeting. Tom asked for any information on this issue be given to him and he would work on it.
Cheryl Morse expressed concern for the repair work of the cement sidewalk last year on Main Street. Apparently when the area was originally repaired as a temporary fix it was done in tar and should be replaced with cement, as to match the rest of the sidewalk. Peter Flynn stated he has spoken to John Margeson about this and they were reviewing several options that did not include tearing up the tar but covering it and stamping it to look like the brick. Cheryl asked that a cost estimate be submitted to replace the sidewalk with cement.
Motion to adjourn at 8:45 p.m. by Cheryl Morse. Seconded by Cordell Johnson.
Submitted by Gail Abramowicz
APPROVED MINUTES
BOARD OF SELECTMEN
TOWN OFFICES
Present: Cordell Johnston, Rod Pimentel, Tom Watman, Cheryl Morse, Peter Flynn, Stephany Lavallee, Lloyd Henderson, Bob Pennock, Martha Taylor, Christine Spaulding, John Spaulding, Ted Parkins, Jessica Aucoin, Samantha Davenport, Patricia St. Laurence, Stephen St. Laurence, Hank, Leon Parker and Kathleen LoFaro.
6:00 p.m. Consent Agenda signatures and vote
The Pledge of Allegiance was recited at 6:15 p.m.
Public Forum
Stephany Lavallee brought up a concern regarding the tax bills and the allotted amount that is given to the School Board. She felt that there is no involvement on behalf of the School Board with the public. She asked if some type of dialog could be set up by the Board of Selectmen that would encourage the School Board to be more forthcoming with the people of the Town. The Board indicated that it would be hard for them to get involved in that manner but they remain open to suggestions as always.
John Spaulding indicated that he had written a letter to the Board regarding Ralph Joyce and his property on Mt. Hunger Road. He is concerned that Mr. Joyce is building a sub-division without the proper building permits from the Board. He asked the Board to intervene and order him to apply for building permits. Peter Flynn addressed the issue and indicated that a Stop Work order was issued last week and that a court injunction is imminent in this regard.
Bob Pennock informed the Board that there is a tour of Wheelabrator coming up and he will provide the date & time to those interested in attending. Rod Pimentel and Cheryl Morse indicated that they would like to attend.
Item 2: PUBLIC HEARING re: Towing Policy - (second reading)
Rod Pimentel opened this discussion by asking the audience if anybody had questions or concerns regarding the policy. Discussion ensued. Charlie Davenport asked questions regarding the insurance requirement of $1,000,000 vs the federally mandated amount of $750,000 per tow. Tom Watman stated that the amount came from three independent insurance brokers. An opinion on that question will be sought from the town’s counsel and will be made available. Mr. Davenport inquired re: the suggested fee schedule and how it will be enforced. Tom Watman stated that it would be with an agreement with the towing companies who enter into contracts with the Town to abide by the fee schedule. He indicated that the fees are similar to Newmarket and Newport and that he will follow-up the fee schedule and discuss it with the Police Chief. The details of this section of the policy will be worked out and readdressed at the next reading. Jessica Aucoin also had concerns with the fee schedule; she stated that her company has to pay property taxes, heat, gas, etc. and said that while she understands that the citizens need protection, they need to maintain standard rates to cover their company’s bills as well. Mr. Watman indicated to Ms. Aucoin that she should submit her concerns to Peter Flynn in writing. The Board indicated that all the fees should be reasonable and that any other companies who would like to enter into agreements with the Town to tow should also put their concerns into writing and submit them to Mr. Flynn in writing. There was a lengthy discussion on the policy as submitted in draft and many audience members and the Board added similar comments regarding fees, how to monitor the companies involved, etc. Another concern that was raised is when emergency personnel who also tow for the town responded to calls that they attempt to solicit business and try to secure the tow job while at the scene. Cordell Johnston indicated that there is a wrecker list that is updated annually by 12/1 of each year and that the list will be distributed to all those involved. Once passed, the policy will be implemented within 30 days. Rod Pimentel suggested again that all interested parties get their concerns in writing to Mr. Flynn by Friday, June 24.
Appointments
Item 1: Martha Taylor – discussion re: Old Cemeteries – Jurisdiction
Cordell Johnston made a MOTION pursuant to RSA: 91 A:3, II , d and e to enter into non-public session and it was seconded by Cheryl Morse. The Board voted unanimously in favor 5-0. 7:45pm
The board came out of non-public at 8:05pm.
A motion was made to allow Mr. Flynn to follow up with Town Counsel and seek a draft of a letter to be sent on behalf of the cemetery trustees.
Old Business
Item 4: Policy Re: Legal Application Process
(second reading)
Tom Watman made a MOTION to review the document as redrafted by Town Counsel. Cordell Johnston seconded the motion.
Item # 7 in the policy was brought up and discussed regarding if it should be taken out of the policy. This item seems to be similar to that in Item #6, and possibly negates it. This deals with if a committee needs legal representation to challenge an appeal, it must first appear before the Board of Selectmen.
After discussion, it was decided that Item 7 in the policy should be “Board of Selectmen will appeal or file a legal challenge to a decision”…..
Stephany Lavallee commented that it seems that for such a small town there is so much litigation going on. Peter Flynn indicated that there are only three cases being litigated currently and that they have not been too costly so far. This is not a great many cases considering the size and activity of the community.
A MOTION was made by Tom Watman to have a 3rd and final reading of this policy at the next meeting on July 5, 2005. The motion was seconded by Cordell Johnston and unanimously approved by the board 5-0.
Item #5: Update on Green Mountain Case legal expense ramifications (Peter Flynn)
Peter Flynn wanted to know the Board’s opinion and thoughts on the Zoning Board of Appeals going on to Superior Court with this case. Leon Parker from the Zoning Board was in attendance and Mr. Flynn asked him what costs would the Town be incurring as result of this appeal. Mr.Parker indicated that it should be under $1,000, and more like $150. Stephany Lavallee stated that our town counsel agrees with the ZBA on this issue and that at the public hearing the people spoke up against GME. Discussion ensued on this issue which indicated that the ZBA should have asked for money to help. Mr. Watman stated that in light of the previous meeting’s discussion it wasn’t necessary to pose the question this week. However, Mr. Flynn stated that he wanted the discussion concerning the authority to release legal funding for the ZBA case was on the Selectmen’s ‘minutes’ record.
Item # 3: Review and adopt minutes of June 7, 2005.
Cheryl Morse made a MOTION to accept the minutes with minor revisions; seconded by Cordell Johnston. The board approved the motion unanimously 5-0.
Item #6: YTD Budget Report – Peter Flynn
Peter Flynn reviewed the budget with the Board. He stated that some major highway Department repairs items previously discussed at a selectmen’s meeting were reflected in the ‘repair’ line item. Mr. Flynn also stated that he is now encumbering certain items such as the Parks Dept. trees maintenance.
Cheryl Morse asked that this be done with the money reserved for storm drain cleaning. Mr. Flynn will discuss this with John Margeson. Ron Lavallee had a question on Page 3 (Town Offices budget) under maintenance and repair, regarding what repairs had already been done to Town Hall. He mentioned that we are undertaking a renovation project and was curious as to the expenditure. Mr. Flynn explained that there was $215,000 allocated to the renovation project and that the $2,500 was for items unrelated to the project. The only renovation expenditure thus far is a design fee and scaled drawings. There were no additional questions or opposition to the budget report and no formal motions or objections were made. Mr. Flynn stated that he would get a specific answer to Mr. Lavallee’s inquiry by the next day.
Item #7: Revisions on Building Permits (Peter Flynn – 1st introduction)
Peter Flynn stated that it has been recommended by the Building Inspector that some minor changes be done to the building permit application. The task of determining lot lines and foundation markers are often difficult when he goes out to inspect property. After reviewing with Town counsel, the Board has the authority to require a ‘certified foundation/lot design plan’ and an ‘as built plan’. Mr. Flynn stated that the voluntary building inspection system has worked out surprisingly well. The additional requirement should at least apply to new home construction. The suggestion is that the new requirement would be stated on the revised permit application forms. Cordell Johnston stated that it would be nice to have this process regulated and to have policies for these types of issues. Rod Pimentel stated that whether it is voluntary or not it is the only way to have inspections (no building codes). Once the applicant volunteers to have it inspected, we are obliged to make sure the inspection is done correctly. It was discussed that more and more financial institutions are requiring occupancy permits prior to funding additions or new construction. Mr. Flynn stated that the second reading (public hearing) may not be until the July 19th meeting due to the heavy load for the July 5 agenda already.
Item #8: Resignation of Trustee of the Trust Funds. Application and recommendation for replacement member to fill term
Tom Watman made a MOTION to accept this resignation, with regrets and thanks for many years of service which was seconded by Cordell Johnston. The Board voted unanimously and the motion as passed 5-0. Rod Pimentel also thanked Bob Goss for his service. It was discussed that the public would be notified of the opening. Ron Taylor has indicated interest in the position and has already submitted an application to the board.
Item #9: Town Administrator’s Report (including monthly YTD budget report)
Peter Flynn indicated that Old Concord Road will receive the first layer of hot-top on Thursday, June 23 with curbs and sidewalks following and then the final pavement coating. Regarding the Papermill, the Eastern parcel appraisal is being done. The revaluation process update is almost completed and Mr. Flynn indicated that he thinks overall most people will be happy with the outcome and that in a lot of cases the property taxes may go down. There is nothing new to report on the Pay as You Throw program. With respect to the Town Hall renovations, four of the nine interested contractors took a tour of the building. Out of that four, two decided not to pursue the proposal and two are aggressively pursing it. No news on the dump truck and the salt shed plans should be ready soon.
St. Theresa’s – the survey bids will be opened at the meeting on July 5 and Peter Flynn will then be asking for real estate broker bids.
Mr. Flynn went over some new items he has in: William Johnson, as part of his Eagle Scout process, had asked the Town if he could make some signs for the Henniker Community Center. This was approved by the Board previously. His ideas are in and the signs fit the current ordinances of the Town. The Town will only have to pay for the granite, which should be approximately $200 or less. That will be the only cost to the Town for this project.
Tom Watman made a MOTION to continue with this project which was seconded by Cheryl Morse. The Board voted unanimously 5-0 to approve. Additionally, a memorial bench was approved last year by the Board and is now ready to be placed.
Item #11: Request for non-public session per RSA 91-A:3, II, concerning legal issues (already filed and ongoing with Town)
A roll call call vote was taken and all five selectmen voted yes to go into non-public session. Time: 9:00pm
Peter Flynn discussed three cases that the town is currently involved in litigation.
Board came out of non-public session at 9:10pm and voted to seal the minutes indefinitely.
A MOTION to adjourn was made by Cordell Johnston at 9:15 p.m. which
was seconded by Cheryl Morse and voted unanimously by the Board 5-0.
FINAL MINUTES
BOARD OF SELECTMEN
TOWN OFFICES
Present: Cordell Johnston, Rod Pimentel, Tom Watman, Cheryl Morse, Peter Flynn, Mr. & Mrs. Charles LeClair, Shawn Richard, Lloyd Henderson, Phil Richardson, Art Siciliano, John Margeson, Ron & Stephany Lavallee, Jeremy Soulliere and Leon Parker.
6:00 p.m. Consent Agenda signatures and vote
The Pledge of Allegiance was recited at 6:25 p.m.
Public Forum
Ron Lavallee brought up the 2nd Clean up Henniker event held on Saturday, June 4 and indicated that here were 3 people in attendance. He thanked the Board for their cooperation with announcements and support of the event. He also expressed a desire to hold the event again in the fall; Mr. Lavallee also indicated that instead of taking the trees from Litter Free NH, 200 daffodil bulbs would be donated and planted in Henniker. Stephany Lavallee mentioned that the trash seems endless and almost as soon as it is picked up, more is found in the same spot later. All agree it is an ongoing problem and concern of the town.
Item 1: Art Siciliano – Appearing on behalf of Phil Richardson; re: upgrading class VI road to a class V road (Chase Road)
Art Siciliano on behalf of Phi Richardson indicated that he went to the Planning Board with this request and was told by the Planning Board that he needed to address the Board of Selectmen. Cordell Johnston reviewed the issue from a legal standpoint, indicating that according to such law, the land is not sub dividable and if subdividing was going to be addressed seriously by the Board, first Mr. Siciliano and his client would need to petition the Board to reclassify the road from a class VI to a class V. He said there are 3 legal ways in which that process can be handled. 1) is to petition the Board of Selectmen to layout a class V road(long & complicated process). If approved by the Board, it would then go to the Planning Board and if approved by the Planning Board moves to Town Meeting for a citizen’s approval. Mr. Johnston indicated that this is a very long and complicated process.
The 2nd thing that could be done here is take the request straight to a Town Meeting vote (which is processed through the Planning Board) or
Finally, if the town takes it upon themselves to begin maintaining the Class VI road for 5 years, it would automatically become a Class V road.
Discussion continued -standards that would need to be met to reclass the road and what of those standards the road must meet to become a class V road. The end result was that the Mr. Richardson would go back to the Planning Board and then come back to the Board of Selectmen for additional request.
Item #2: John Margeson – Update on salt shed project and road projects ongoing.
John Margeson indicated that he has two figures back on the electrical bids and is awaiting a third. This is for upgrades to the electric in the main building.
Regarding Old Concord Road Mr. Margeson stated that the intersection of Gulf and Flanders is in process and that either Tom French or the engineer is on site daily overseeing the project. He is awaiting a schedule for paving to begin and will clean up the ditches. Cheryl Morse questioned the dirt roads and the use of calcium chloride on them.
Peter Flynn indicated that he emailed Tom French today with all of these questions and whether the road is actually closed or not as some days the signs are deceiving. Mr. Flynn also indicated that the signage should be removed at night and on weekends to enable residents to know the status of the roadwork.
Discussion ensued on the bid process and the fact that flaggers were listed cheaper and this could be an area of concern. Mr. Margeson indicated that that the electrical part is going to be more involved in the shop than originally expected and planned for. He indicated that the bulk of the electrical work could be done later.
The Board thanked Mr. Margeson for his update.
Peter Flynn indicated that there was an appraisal issue and probate court on for conversation this evening. Mr. Flynn then indicated that the LeClairs have documents from the Registry of Deeds to prove ownership of the property. Mrs. LeClair discussed that if the tax abatement request was granted, their plans for the property are to join their lot and the Sweatt lot together to get rid of the right of way. She indicated that there are teenagers and loiterers hanging around and the police are always being called to the property to deal with it. Tom Watman asked the LeClairs to explain why they applying for a full abatement on the taxes. Ms. Morse responded that the trailer on the property is occupied; yet the LeClairs are not able to collect rent. They do not wish to pay the back taxes because they feel they are not their debt. They would like to join the land together, get rid of the trailer and clean up the property. It will cost a few thousand dollars to clean up the property. The trailer is not livable and the septic needs to be upgraded.
Mr. Watman then asked if the Chair is ready for a motion? Rod Pimentel stated that he was not yet ready to hear a motion. Ms. Morse stated that sometimes a motion will precipitate a discussion and Mr. Pimentel then indicated that he would hear a motion. Mr. Watman made a MOTION to move that a full abatement be denied.
Mrs. LeClair spoke on the fact that she cannot do anything to aid her in the back taxes, such as selling the trailer, as it is worthless. Ms. Morse SECONDED the motion for discussion.
After a lengthy discussion, which also brought up the fact that there were conditions to this abatement request already put in place in February 2005, Mr. Watman stated that the taxes are a legitimate debit owed to the Town. It is irrelevant what will be done with the property and that no evidence of economic hardship has been proven. The previous Board offered a generous settlement and he feels that it should be collected unless the Board could see a genuine hardship. Otherwise he feels that no abatement should be given. There is $11,217 due and the previous Board was more than willing to abate half of that amount. Ms. Morse questioned if there is town water and sewer on the property and Mrs. LeClair indicated there is town water only.
Mr. Pimentel stated that he would have to agree with Mr. Watman and that the Board would begin to expedite the process of taking the land and putting it up for sale. He also reminded the LeClairs that they are able to purchase the land back through the foreclosure sale if they so desired.
Cheryl Morse then gave the LeClairs an idea that she had been thinking about and thought might work for them. She suggested that they look at what their own land/house is assessed at, and if it would be feasible for the LeClairs to raise the money to pay the taxes in the effort it would make to increase the value of their own land, less the taxes owed to the Town. Ms. Morse suggested that the Board may then reconsider or entertain a fair approach to getting the abatement processed. She indicated that paying the taxes on the property in question and taking ownership of it would subsequently increase the value of their own house and property.
Cordell Johnston than stated that “it is the effect of the MOTION to deny complete abatement. The vote passed unanimously 4-0 in favor.
Item #4: Decision re: choice and process to fill Selectmen’s position
A lengthy discussion ensued over the process to use to fill the position on the Board left vacant when Thea Braiterman resigned. Various names were mentioned that have indicated interest in the position. They are as follows: Stephany Lavallee, Ron Lavallee, Jim McElroy, Ron Taylor and Lisa Hustis. It was also discussed that this is an interim position until March when it will be voted back in. Most of the Board held all interested in a favorable opinion. All interested parties are fair-minded, not afraid to speak their opinion and advocate for causes they believe in. Tom Watman made a MOTION to nominate Jim McElroy as Selectman to the Board. Ms. Morse seconded. However, after much discussion, the Chair was not ready to vote on that motion yet.
Additional discussion ensued regarding the potential candidates for the position and what each has for experience and would bring to the table. In the end, Cordell Johnston made a MOTION to appoint Ron Lavallee to the Board, which Rod Pimentel seconded. Mr. Watman indicated that there were two names now in front of the Board and that each Selectman could vote for either candidate, not both, for the open seat. Mr. Pimentel then took the roll and it was voted as follows: Tom Watman voted in favor of Jim McElroy, Cordell Johnston, Cheryl Morse and Rod Pimentel all voted in favor of Ron Lavallee. At that point, Mr. Watman moved to make this a unanimous vote, which was seconded by Cordell Johnston.
Item #6: Review and Adoption of Minutes of May 17, 2005
The minutes were accepted with two minor typographical changes. Cheryl Morse made a MOTION to accept which was seconded by Rod Pimentel. The Board voted in favor to accept the minutes 4-0.
There were a couple of minor revisions made again to the Procurement Policy. On Item 7, page 6 – the line regarding “in the absence of the TA…..the paragraph was changed to reflect that line being deleted from the next to the last paragraph (see attached policy). Cordell Johnston made a MOTION to accept the Procurement Policy with one minor change as indicated in the draft policy. Mr. Tom Watman seconded the motion and it was passed unanimously 4-0.
Mr. Flynn then asked the Chair to swear in Ron Lavallee. The audience rose while this was done and Mr. Lavallee was sworn in as the new selectmen until March 2006.
Item #5: Town Administrator’s Report:
Peter Flynn went over the T.A. report and indicated that the walk through on June 6 re the town renovation project went well. There was a rendering done to scale professionally. He indicated that an addendum with several other items that also went out on the 6th of June per the Bond request with minor revisions. Mr. Flynn indicated that the bids would be in on the Friday prior to the 4th of July (7/1/05) and that the bid openings are on the agenda for the 5th of July. Cheryl Morse had questions on the ceilings and how they are fire-rated and if up to code; and she inquired about the floor joists and if they are adequate to handle the renovations and shifts in weight that will occur during the process and that this information should be included in the contract. Discussion ensued regarding the furnace, baseboards and insulation. Mr. Flynn took note of all points discussed and indicated he would be sure they are included in the bid request. He feels confident that the renovations are on schedule and moving to the next level. The Board offered Mr. Flynn a thank you for his efforts in the renovation project.
Peter Flynn distributed sheets for the Board to review what Boards & Committees are up for reappointment. They were made as follows:
Henniker Rescue Squad: Thomas French, Chief, Warren Laphan, Deputy Chief
Cheryl Morse made a MOTION to approve the Henniker Rescue Squad members as indicated above which was seconded by Tom Watman. The Board passed this MOTION unanimously 5-0.
Abandoned Cemetery Committee (5 members)
Reconfirm: Wayne Colby until 2006
Remove Howard Proctor & Barbara DelloRusso
Advertise for 2 new members for terms to expire in
2007 & 2008
Tom Watman made a MOTION to approve the Abandoned Cemetery Committee members as indicated above which was seconded by Cordell Johnston. The Board passed this MOTION unanimously 5-0.
Athletic Committee: (15 members) Remove Jeffrey Hines, Jamie Weston,
Joanne Cullerot & Meghan Williams
Current: Shannon Camara 2006 Jason Fellows
2007 Tim Landry 2008
Lauren Desmond 2007 Desiree Lloyd 2008
Staci McAllister 2007 Jeff Lloyd 2008 & Ryan
Winn 2007
New appointees – (not yet appointed) Bob
McAllister, Richard Daniel and Bob McMurphy
Advertise for 3 volunteers with terms expiring in 2009
Cheryl Morse made a MOTION to approve the Athletic Committee members as indicated above which was seconded by Cordell Johnston. The Board passed this MOTION unanimously 5-0.
Ballot Clerks (9) Lack of information. Hold for further details about who the current clerks are and how many desire reappointments.
Budget Advisory Committee: (11 members)
Active Terms: Joe Damour 2006 Carl Hamel, Sr. 2007, Daniel Aucoin 2007, Fred Brunnhoelzl III 2007, Ron Taylor, 2007
Remove Tom Watman and Cynthia Martin (did not apply)
Reappoint Dave Currier 2008, Bill Belanger 2008, Roger Gelzelman 2008, Jim
Crane 2008
Advertise for 2 members with terms to expire in 2008
Tom Watman made a MOTION to approve the Budget Advisory Committee members as indicated above which was seconded by Cheryl Morse. The Board passed this MOTION unanimously 5-0.
Capital Improvements Committee (11 members)
Currently 9 with all expiring in 2006 – Peter Flynn, Jim Crane, Tom Watman, Leon Parker, Jean Lewis, Elizabeth Hustis, Ron Lavallee, Steve Connor and John Getts Remove: Rod Pimentel & Cheryl Morse (now Selectmen)
Advertise for 2 members with terms to expire in 2008
Community Center Committee (11 members)
Currently 10 members-all with 2006 expirations – Mary-Ellen Schule, Lizz Van Saun, Shelley Wilson, Kathleen Flynn, Beth Allen, Gail Abramowicz, Anita Levigne, Joan Taylor, Kristina White & Chuck Nelson.
Advertise for one member with term to expire in 2008
Conservation Committee (9 members)
Active Terms: Veronica Hardy 2006, Dawn Nelson 2006, Holly Green 2006, Denise Ricco, 2007, Peter Walker 2007 and Kristen Claire 2007
Reappoint: Martha Sunderland 2008, Mark Mitch 2008 and Robert Stamps 2008
Fair Hearings Committee (3 members)
Currently 3 members with terms expiring in 2007 – Larry Colby, Martha Taylor & Jean-Louis Nicknair
Highway Safety Committee (11 members)
Active Terms: Ron Taylor 2007, Tim Russell 2006, Steve Connor 2007, John Margeson 2006, and Cynthia Marsland 2007
Remove: Gary Guzouskas – did not apply; Charles Macklin – did not apply
Reappoint Jim Crane 2008 Norm Bumford2008
Appoint Fire Chief Gilbert
Advertise for 3 members
Cheryl Morse made a MOTION to approve the Highway Safety Committee members as indicated above which was seconded by Cordell Johnston. The Board passed this MOTION unanimously 5-0.
Historic District Commission (up to 7 regular members including 1 Selectmen)
And up to 5 alternates
Reappointment regular members: Brenda Connor 2006, Martha Taylor 2007, Arthur Kendrick 2007, Ging Blanchard 2008 Peter Gilbert 2008 & Barbara French 2006 (this was moved from 08 to 06 per the Board)
Advertise for 5 alternate members
Cheryl Morse made a MOTION to approve the Historic District Commission members as indicated above which was seconded by Cordell Johnston. The Board passed this MOTION unanimously 5-0.
Papermill Restoration Committee (11 members)
Reappoint: Elizabeth Davis, Kenneth Ericson, Doreen Connor, Arthur Kendrick, Martha Sunderland, John Warner, Peter Flynn – All terms expiring in 2008
Remove: Dave Arnold, Denise Rico, Peter Walker & Matt Mitch Russ Jowers (did not apply).
New appointment: Sue Rainier 2008
Advertise for 3 new members.
Cordell Johnston indicated that this committee would most likely not be needed in the next 3 years.
Cordell Johnston made a MOTION to approve the Papermill Restoration Committee members as indicated above which was seconded by Tom Watman. The Board passed this MOTION unanimously 5-0.
Planning Board – 3 alternates only
Current listing shows 4 regular members – Scott Osgood, Kristin Claire, Gail Abramowicz and Jim McElroy and 3 alternates – Angela Martin 2006, Don Armstrong 2007 and Terry Stamps (2007). Board of Selectmen does not appoint the planning members.
NO ACTION WAS TAKEN
Recycling Committee: (11 Members)
Reappoint: Dale Clement 2008, Barbara French 2008 & Joan O’Connor 2008
Remove: Lia Houk, Karol Dermon, Greg Goldberg and Cheyne Foreman & Maxx Cohen, did not reapply. Peter indicated that Liz Houk would be reapplying.
Active Terms: Larry Parrish 2007
Advertise for 7 new members
Cheryl Morse made a MOTION to approve the Highway Safety Committee members as indicated above which was seconded by Cordell Johnston. The Board passed this MOTION unanimously 5-0.
Zoning Board of Adjustment (5 regular and 5 alternates)
Active Terms: Leon Parker, Chair 2006 Doreen Connor 2007. Kris Blomback, 2008, Ron Taylor 2006, Joan Oliveria 2007
Active Terms: Alternate Members – Richard Patenaude & Jeffrey Connor, both 2006
Per the zoning board regulations there should be 5 alternates as well as 5 regulars.
Opening 1 Alternate: Term expires 2008 Applicants: Leo Aucoin & Heidi Hamel
Tom Watman made a MOTION to approve the Zoning Board of Adjustment members as indicated above which was seconded by Cheryl Morse. The Board passed this MOTION 4-1, with Ron Lavallee voting against.
New Business
Item #9: Policy Proposal – Legal Appeals Process – Introduction by Selectmen Tom Watman
Tom Watman passed out suggested guidelines regarding the process of dealing with policy proposals. He said he had talked to prior members of the Board of Selectmen and had searched all over for organized policies with no luck in finding such documentation.
Cheryl Morse made a MOTION to accept the Policies & Proposal Guidelines for future measures for practices of the Town of Henniker.
Ron Lavallee seconded the motion and it was passed unanimously 5-0 by the Board.
With respect to the Towing Policy, a MOTION was made by Tom Watman to consider the proposal to be reviewed this evening as a first reading in accordance with the practice of the policy proposal, which was just accepted. Cheryl Morse seconded the motion and it was voted on to consider this a first reading unanimously 5-0.
Discussion ensued regarding the policy and who is responsible when an accident occurs, the insurance section and advice obtained from outside insurance agents. It was discussed that a wrecker policy needs to be set, we need to carry sufficient insurance, the Police Department has to have access to the right steps to follow and have a policy regarding the way vehicles are towed and to ensure that the vehicles are not abused in any way. It was indicated that the Police Chief would like a policy in effect prior to the college students coming back to school in the fall.
Additional discussion ensued on whether or not the Board was taking over the writing of the policy from the policy department and Mr. Watman indicated that the Chief was on board with this and had aided him with it, in fact. He also indicated that the Chief would like the support from the Board of Selectmen to enforce this policy. Ron Lavallee stated that to establish a standard for policy setting that we would have to adhere to a 2nd reading of the policy with the Chief present as well as perhaps some of the people from the town’s insuring company. Cordell Johnston indicated that it sounded like the Chief of Police was asking for assistance from the Board. Peter Flynn indicated that the requirements of the towing policy would be posted and sent to some vendors who could come to the next meeting for a public hearing on the proposed policy.
The MOTION made by Tom Watman was voted unanimously to accept 5-0 by the Board.
Item #11: Selectmen’s Reports:
Tom Watman made a MOTION that the board of selectmen advise the Zoning Board of Appeals that it is opposed to the ZBA appealing the Superior Court Decision rendered in the Green Mountain explosives case because we believe that it is not in the best interests of the Town of Henniker and the protection of its Zoning Ordinance.
Further, that the Board of Selectmen directs that the Town Attorney shall not represent the Zoning Board of Appeals in any further action dealing with this specific case.
The Board of Selectmen further direct the Town Attorney to represent the Town in opposition to any appeals involving this case in order to insure that the Zoning Ordinance approved by Henniker voters is only amended by voter approval.
Cheryl Morse reclused herself from this issue. Ron Lavallee seconded the motion for purpose of discussion.
Tom Watman feels that while he understands the ZBA’s position re this subject, he feels that the Superior Court, in this instance, he believes there is a valid reason why this variance should not be granted. He stated that it poses a threat to the zoning laws variances to be used in this manner and it is in the best interest of the public to protect their zoning ordinance in this issue. Mr. Watman also stated that the Board should intervene on this issue in that if the people of Henniker wanted to allow explosives then change the zoning laws to reflect that choice. He stated that the bulk of the constituents he has heard from do not want this type of business in town, and that the Selectmen should protect the Town and intervene.
Cordell Johnston indicated that he is against the motion and indicated several reasons why he has taken that position. He feels that the ZBA could rule in what way they deemed appropriate, that the Board should not extend beyond their authorization in what is a land use case. He also stated that the decision is not inconsistent with the ZBA’s policy and that the Board should not interject their opinion in this case because the ZBA has done their job. Additional discussion continued with Mr. Watman rebutting Mr. Johnston’s viewpoints and strongly feels that the Board should do its duty to protect the citizens of Henniker. Several members of the audience voiced their concerns and support for Mr. Watman’s motion and after a lengthy discussion, a Mr. Henderson from the Contender indicated that he felt that the Board had a 3 out of 5 member conflict of interest in this matter. Cheryl Morse recognized that conflict of interest and recluse herself from the conversation, Tom Watman wrote an article on The GME case and Ron Lavallee’s wife voted to deny the variance. Mr. Watman said there was no conflict of interest on his behalf in this matter. He wrote the article as an opinion. Rod Pimentel and Cordell Johnston disagreed with Mr. Henderson as well that there is no conflict of interest on behalf of the Board. After lengthy discussion Mr. Pimentel took a vote from the Board on the MOTION as put forward by Mr. Watman. The vote was 2-2, with Tom Watman and Ron Lavallee voting in favor and Rod Pimentel and Cordell Johnston voting against. Therefore the motion failed.
Cordell Johnston indicated that Barbara French emailed him regarding a meeting on Friday, June 10 @ 10:00 a.m. at the Park & Ride regarding the new Hillsboro/Henniker court.
Mr. Johnston also mentioned HB-517, and that the Board was in support of, which at Senate Committee Mr. Letourneau stated that, the reason some of the bills are passing is the support they are receiving from the Towns.
At 9:35 p.m., Tom Watman made a MOTION to adjourn, which was seconded by Cheryl Morse and unanimously agreed by the Board.
BOARD OF SELECTMEN
Present: Cordell Johnston, Cheryl Morse, Tom Watman, Peter Flynn, Stephany Lavallee, Ron Lavallee, Joyce Blythe, Jeremy Soulierre, Karen Irwin, Steve Burrit and Ernest Loomis.
Let it be stated for the Minutes that Rod Pimentel, Chair is out of town on business this evening and unable to attend tonight’s meeting.
6:00 p.m. Consent Agenda signatures and vote
The Pledge of Allegiance was recited at 6:15 p.m.
Joyce Blythe, representing Voice of the People, presented the Board with a letter that she requested they sign. She referenced HB517, which is currently being considered in the legislature and that several other local municipalities had signed the letter as well. Mr. Johnston stated that he was reluctant that the Board should not take a position on legislative issues, however he did state that the Board would consider signing the letter with a few minor changes made to it. Discussion ensued among the Board regarding the signing the letter with the changes Cordell indicated and Ms. Blythe agreed to make such changes. Mr. Watman made a MOTION to sign the letter that was seconded by Ms. Morse and passed unanimously by the Board 3-0.
Ron Lavallee spoke regarding the Henniker Cleanup Day and asked the Board if he could have another one on Saturday, June 4. He stated that there were 7 people at the event and they collected over 35 bags of trash. Mr. Lavallee also indicated that he would be receiving free radio advertising for the event from WKKL and he also indicated to the Board that he would be giving students from John Stark that participated credit for their community service hours.
Mr. Lavallee also stated that they are in receipt of 2 elm trees and approximately 200 daffodil bulbs that were donated from the New Hampshire “The Beautiful Program” and Stephany Lavallee indicated that she would donate her time to plant the items if approved by the Board.
A MOTION to hold a second Henniker Cleanup Day on Saturday June 4, 2005, organized by Ron Lavallee and the Recycling Committee, was made by Tom Watman and seconded by Cheryl Morse. The Board voted 3-0 in favor.
Discussion then ensued where the question was raised of why isn’t there a member from the Board of Selectmen on the Zoning Board Association and what the Board’s role is with the ZBA.
Appointments:
Item # 1 Ernest Loomis representing the Department of Defense with a presentation to the Town of Henniker.
The Department of Defense presented the Town with a certificate acknowledging the Town as a Patriotic Employer where by the Town was innovative and considerate in the manner in which the Selectmen handled the policy for employees who have been called to active duty while a conflict exists overseas.
Item # 2: Discussion re: choice and process to fill Selectmen’s position
Changes to Procurement Policy
A MOTION to change the amount of the Purchase Order approval needed from $5,000 to $3,000 was made by Tom Watman. Ms. Morse seconded the motion and it was unanimously approved 3-0.
Page 1 – no changes
Page 2 – no changes
Page 3 – no changes
Page 4 – Under Number 4, Line 4 – Board in agreement to add and/or in between the words engineering and architecture. Additionally, the Board wants the last added beginning with “Procurement of Professional Services shall be…” deleted.
Page 5 – Under Number 18, Line 2 – The Board would like “award from” changed to “award by”.
Page 6 – Under Item VII. Non Major Purchase Procedure, the 3rd paragraph should be as follows: The purchase order shall be presented to the Finance Director for review. If the Finance Director recommends the purchase order, he shall sign it and present it to the Town Administrator. By his/her signature, the Town Administrator shall approve or disapprove the purchase order.
A MOTION was made by Tom Watman to accept the Procurement Policy as revised, which was seconded by Cheryl Morse and it was unanimously passed by the Board 3-0.
Item # 5 Disposal and possible adoption of “Disposal of town surplus items” policy
The Board reviewed the document and indicated several minor changes to the policy as follows: In the first paragraph, last sentence change the written number “five to “one” and in the last sentence of the document, the word “fare” should be “fair”. A last sentence stated “A written record shall be kept identifying each item and date and manner of disposal.
There was a bit of discussion regarding this item in which Peter Flynn stated that best manner of disposal is normally the state auction, and sometimes using the auction in Concord has had good results.
A MOTION was made by Cheryl Morse to accept the Disposal of town surplus items policy with the edits. Tom Watman seconded the MOTION and it was unanimously passed 3-0.
Item #6 Adoption of May 3, 2005 minutes
A MOTION was made by Tom Watman to approve the minutes with the revisions discussed. Cheryl Morse seconded and the Board voted unanimously 3-0.
Item #7 Public Statement (via motion) to confirm Bond documents for Waste
Water Plant project
(1) That the Town shall issue a bond for (i) the design, engineering,
constructing and reconfiguring of the first floor municipal office space
located at 2 Depot Hill Road, and related costs thereto (the “Town Hall
Project”), and (ii) design, engineering and construction of the Waste Water
Treatment plant located on Ramsdell Road, and related costs thereto (the
“Sewer Project”, together, Town Hall Project and the Sewer Project are
referred to as the “Projects”), in the principal amount not exceeding
$831,000.00 (the “Bond”) under and pursuant to the Municipal Finance Act
(RSA 33), the New Hampshire Municipal Bond Bank Law (RSA 35-A), and other
laws in addition hereto, and the votes under Articles 9 and 10 of the
Warrant at the 2005 Annual Town Meeting.
(2) That the Bond shall be issued as a single registered Bond, dated as of
its issuance date and sold to the New Hampshire Municipal Bond Bank (the
“Bond Bank”) at the price of par.
(3) That the Treasurer and any member of the Board of Selectmen (the
“Board”) are hereby authorized to determine the forms, the maximum interest
cost rates and the annual principal maturity of the Bond and to execute a
Loan Agreement with the Bond Bank to evidence the sale and award of the
Bond, such form, maturity and the interest rate of the bond to be approved
by a majority of the Board and the Treasurer and evidenced by their
execution of the Bond.
(4) That all things heretofore done and all action heretofore taken by the
Town and its officers and agents in its authorization of the Projects and
their financing are hereby ratified, approved and confirmed.
(5) That the Clerk and the signers of the Bond are each hereby authorized to
take any and all actions necessary and convenient to carry out the
provisions of this vote, including delivering the Bond against payment
therefore.
(6) That the expected useful life of the Town Hall Project is hereby
determined to be at least seven (7) years.
(7) That the expected useful life of the Sewer Project is hereby determined
to be at least twenty-two (22) years.”
A MOTION was made by Cordell Johnston to accept the resolution that the
Board has in front of them this evening, which was seconded by Tom Watman.
The Board unanimously voted 3-0 in favor.
Item #8 Selectmen’s Reports
Cordell Johnston indicated that Thea Braiterman had emailed him asking the Board to recommend a student from John Stark to receive the Max Israel Scholarship at a May 31, 2005, ceremony. Discussion ensued where it was stated that the recipient of the scholarship must be from Henniker, must have good SAT scores, low income family, not a lot of other scholarship money, be a serious & committed student and have a recommendation by the Guidance counselor. It was also discussed by the Board that Rod Pimentel should present the scholarship on behalf of the Town.
Tom Watman initiated discussion regarding if Peter Flynn could put plans for a draft policy re the wrecker service for the Town. Mr. Watman would like the Board to work with the Police Department to put a formal policy in place for purposes of insurance, DOT procedures, etc. i.e., when a wrecker is called to the scene to tow a car.
Cheryl Morse then asked if municipalities follow OSHA’s regulations and Peter Flynn indicated that we have an active Loss Prevention and Safety Committee at the Town and it is comprised of various Department Heads. He also stated that Property / Liability Trust has just reviewed the Town’s properties and will be updating the figures they have on insurance.
There was also discussion regarding the dumpster issue from the last meeting and the Board was notified by Peter Flynn that it is indeed used for scrap metal, bikes, blades, etc. and that the items are sent to Cohen Steel to be destroyed.
Consent Agenda
(Routine appointments, resignations, permits, abatements and other documents requiring signatures)
Intents to Cut
Barletta, Map 1, Lot 59-60
Barletta, Map 1, Lot 37-38, 61
Intents to Excavate
Caleb Dobbins – Trustee, Map 1 Lot 678
Timber Tax Levy
Totals $5,036.08
Totals $9,584.88
Warrant for the collection of Excavation Taxes
$5.00
Abatement
Edwin & Sarah Bisson $25.50
Softdesk, Inc. $17.61
Refund
Danny Cilley $33.00
Sign Permit
Henniker Garden Exchange (plant sale)
PSNH
Pole license
The next meeting of the Board of Selectmen will be held on Tuesday, June 7, 2005.
Cordell Johnston made a MOTION to adjourn the meeting at 8:10 p.m. Mr. Watman seconded the MOTION and it was unanimously approved 3-0.
Respectfully submitted by,
Martha J. Dickey
Clerk, Board of Selectmen
BOARD OF SELECTMEN
Present: Rod Pimentel, Thea Braiterman, Cheryl Morse, Tom Watman, Peter Flynn, Stephany Lavallee, Ron Lavallee, Steve Cunliffe, Ken Levesque, Tom French, Scott Davison, Reggie Cleveland, Jeremy Soulliere, Rocky Bostrom, Mr. & Mrs. Charles LeClair, Debra Segnitz, Peg Keeler, Marshall Connor, Ken Ward
The Pledge of Allegiance was recited at 6:15 p.m.
Public Forum
Ron Lavallee asked the Board what the timeframe is for the minutes of the Selectmen’s meetings to be posted on the Town’s website. He stated that he was looking at it earlier today and the most recent minutes on there were from 3/15/05. Mr. Flynn stated that the minutes need to be approved and adopted by the board before they can be posted on the website and that there should be minutes on there that are more current than the 3/15/05 date. Thea Braiterman inquired if it was due to the fact that the Selectmen are between recording secretaries and Mr. Flynn stated that was not the case.
There was some discussion between Mr. Lavallee and the Board regarding the Sweatt tax abatement issue and if a decision was still in limbo. Mr. Flynn informed Mr. Lavalle that the item is on the agenda this evening. Mr. Lavallee then asked if there are people living in it and the Board informed him that there are people living there.
Mr. Lavallee stated that the 2nd Annual Henniker Cleanup Day is scheduled for Saturday, May 7, 2005 from 9AM – 2PM behind the Garage at the Transfer Station.
MOTION by Cheryl Morse to approve the items on the Consent Agenda, as presented. Seconded by Tom Watman and unanimously approved 4-0.
Appointments
Item # 1: Ken Levesque – Draft Engineering Policy
Mr. Levesque informed the Board that he had the Waste Water Treatment plan contract from the State and that it is a standard state contract from New Hampshire. As such, the particulars of the contract could be changed, however, the contract itself is standard and is similar to one that was used in 1995. The current contract was sent to town counsel to review and Counsel stated it was one of the best contracts ever seen. There is a section of the contract that would give the contactor (Underwood) limited liability and it has been recommended by the State that the Town does not sign that portion of the contract. It limits Underwood to $50,000 in liability if signed. If unsigned, it would keep Underwood’s liability where it should be.
Rod Pimentel asked Mr. Levesque if a contract is required and he stated that it is required for any type of environmental work. Mr. Pimentel then asked Mr. Levesque if he was asking for approval of the contact tonight and he stated that he was not, he was asking for the Board to review and make any comments regarding the contract. Mr. Pimentel stated that the Board would recommend that they not sign the limited liability portion of the contract per the discussion. Cheryl Morse commented that some of the numbers she was reviewing seemed to have some discrepancies and Mr. Levesque explained that briefly. Tom Watman asked if the contract should be sent to town Counsel for review prior to the Board signing off on it if there was enough time to do so. Thea Braiterman commented that that would slow down the process unless there were differences found and that it would also cost additional money to have it reviewed by town counsel. Mr. Pimentel stated that contracts are routinely sent to counsel for review. However, as it is under the dollar threshold for review, this contract did not have to be reviewed by counsel.
Mr. Levesque indicated that at this point he would like to send the contact to the State for approval and then bring it back to the Board for their signature. Ms. Morse asked when Mr. Levesque thought the project may get underway and he stated that hopefully by the fall of 2005.
Item # 3: Target Shooting – Complaint re: use of town property and Sunday noise
Thea Braiterman asked if the Board had set up arrangements previously regarding this situation at the Sandpit and Peter Flynn stated that there was an informal procedure set up last fall, 2004 but that it was not addressed since that point.
Mr. Cunliffe stated that he lives on Patch Road near the transfer station where the Town has the gravel pit, which is set up for target practice. He stated that he has been to the Board before regarding the same problem that he has had with this which is noise and safety concerns. He stated that it was decided then to close the target practice down for one month while it was reviewed and that he did not hear anything back from the Town and that the noise had started up again recently.
Tom Watman asked why it is being allowed on Town property in the first place and Mr. Pimentel stated that there was really no real reason to have it at the gravel pit. Then Mr. Watman asked where else they could go if the gravel pit wasn’t allowed to have it there any longer. Mr. Cunliffe said that he had done some research on the Internet and found several places that people interested in target practice could go to, including some gun clubs that could be joined. He states that some were closer and others were farther from Henniker.
Reggie Cleveland said that the current situation is working okay as is and that there are restrictions in place for using the gravel pit. He said that people are required to sign in and that there is always a town employee on site whenever it is being used. He said that there are 2 or 3 town employees involved and it has been working out pretty reasonably and that everyone is doing a good job with the process. Mr. Davison stated that as a town employee and taxpayer he would like to add that the police also like to go there for target practice as well and it is convenient for them, to which Mr. Cunliffe asked why they could not go somewhere else.
Cheryl Morse inquired about the Town’s liability on this issue. Peter Flynn stated that the paper that distributed this evening was not officially adopted and that the issue when raised last year went unresolved. He stated that there is a liability issue and that is that there is no coverage unless it is the police using the pit for target practice, then they are covered. He said it would be likely that a lawsuit could be brought if something was to happen there. Ms. Morse posed the question of the Town’s liability if it sanctioned and could insurance be provided. Mr. Pimentel inquired as to how often the pit is used for target practice and was told that is it used primarily on Sundays and sometimes once or twice a week. There was some discussion in the audience about this issue being just one of complaining about noise or the actual target shooting itself. The issue of the skate park was raised and the Town’s liability concerning that was discussed. Mr. Flynn explained that the Town has no liability at all for that and that the park was built on school land and the town gives no money towards it. Suggestions were made on limiting the days when the gravel pit would be open for target practice, perhaps eliminating Sundays from the schedule to looking for other places to use. There was quite a bit more discussion on this matter with many ideas and suggestions being discussed including again liability for the Town and the fact that Town employees may not be the right people to volunteer there.
Tom Watman read from the paperwork that was included with this item regarding the noise ordinance and it was decided that this particular situation was not violating the noise ordinance.
After lengthy discussion back and forth between the Board, Mr. Cunliffe and audience members, it was decided that a motion for further consideration be given.
MOTION by Cheryl Morse to put the current policy on hold and give the matter to town counsel to review and determine insurance availability; how this pertains to Town employees as volunteers and to perhaps create a policy. Use of the gravel pit for target practice has been suspended until a decision on this issue is reached. Seconded by Tom Watman and unanimously approved 4-0.
After the motion there was again a bit more discussion and Mr. Cunliffe asked to be notified by Mr. Flynn when the item was placed on the agenda for follow-up. It was estimated that it would take approximately two weeks for the opinion from town counsel to be made.
Item 4: Liane Tyrel – request for permission to hang banners for Farmer’s Market (on downtown lampposts)
Liane Tyrel gave an overview of her request to the Board explaining that the Farmer’s Market had recently received a grant from the State of NH to purchase four banners and brackets to use for hanging Farmer’s Market banners during the season. Discussion ensued regarding the size of the banners requested, pole height, and if there would be any obstruction to pedestrians. According to Ms. Tyrel, there would be no obstacles or problems, and she had been in contact with other towns who use the banners in a similar manner and report no situations where the banners have presented a problem for the town. She also read two letters of support from townspeople who are in favor of the banner project going forward. She also explained that the grant from the State includes the brackets for hanging the banners on and that she would leave those in place when the Farmer’s Market is not using the poles for the banners. She then identified four areas that she was interested in hanging the banners. Thea Braiterman expressed concern that if the Board gives permission to the Farmer’s Market then any business who wants to hang banners will be coming in to ask permission to hang them. Rod Pimentel stated that in his opinion, the Town would not have to say yes to everyone unless there was a policy in place. Ms. Braiterman inquired then what happens if we say yes to this request – then what will happen? Ms. Morse asked if there are any regulations in respect to hanging banners in the Town. Mr. Pimentel and Peter Flynn mentioned that New England College had put up some banners that were subsequently vandalized and that was it. Mr. Pimentel stated that he likes the banners and has no problem with them.
Tom Watman asked who would own the brackets once they were placed on the poles and if there were size restrictions in place or any other sign ordinances and that the Farmer’s Market would have to comply with any ordinance or regulations if they existed. Ms. Tyrel indicated that the Farmer’s Market would “own” them but would certainly share them with others that wished to use them in the Market’s off-season.
Discussion ensued regarding the sizing of the banners and what type of advertising they would be used for. Ms. Tyrel addressed all the questions posed. The issue of not placing signage on the State’s right of ways was also addressed. Mr. Pimentel then suggested that if permission is given to the Farmer’s Market that a policy should be set up in the future regarding such requests regarding banners and signage.
Additional discussion took place during which the subject was raised of the Farmer’s Market “donating” the brackets to the Town and therefore giving the Town the ultimate ability to oversee who can put banners up and the care and removal of such banners. Ms. Tyrel agreed to this.
MOTION by Cheryl Morse to accept the donation of four brackets and banners from the Henniker Farmer’s Market, a non-profit organization and in accordance with current signage regulations, for display from July 1 to October 15, 2005, with four locations to be determined later. Also move to instruct the Town Administrator to draft a policy regarding banners on town lampposts. Seconded by Rod Pimentel and approved 3-1.
Ms. Tyrel will deliver the banners and brackets to Mr. Flynn when she receives them and the Town will accept the donation and will put them up.
Item # 2: Larry Homo – Re: tax issue
Larry Homo stated that he sent a letter to Peter Flynn requesting permission to set up a payment plan to pay off overdue taxes to prevent the Town from moving on the lien in place and taking his property. These taxes are for the year 2001. Mr. Flynn informed the Board that there are two other years in question but the time frame for those aren’t the matter here tonight; just the tax year 2001 is in question.
Rod Pimentel asked Mr. Homo if he was asking the Town to forego lien proceedings and not take the property. Mr. Flynn stated that there is a standard form that the Town uses for these types of payment requests. Mr. Homo stated that he would like to pay the Town $1,000 by the end of next week and $500 per month after that. The question was raised regarding what would happen if Mr. Homo missed a payment. Mr. Flynn told the Board that a 15-day notice would go out if a payment were missed. Thea Braiterman asked Mr. Homo if he would need to set up this type of arrangement every year and Mr. Pimentel asked what the total amount he owes to the Town is. Mr. Flynn said that it is approximately $12-13 thousand and Mr. Homo said that if he can get this year paid off then he will do his best to get the taxes from the other years caught up prior to having to ask for payment arrangements again.
Discussion took place between the Board and Mr. Flynn regarding how these arrangements usually work out and if there are any others currently in place. Mr. Flynn assured the Board that they normally do work out and there are none currently in place. Mr. Pimentel suggested that Mr. Flynn invite in any other taxpayers that may be in a similar situation and advise them to come in and see the Board regarding payment.
MOTION by Rod Pimentel to accept the payment schedule as outlined tonight by Mr. Homo and have him go see Mr. Flynn next week to sign the agreement to pay the 2001 outstanding taxes by the end of August, 2005. This should be done within the next seven days. Seconded by Cheryl Morse and passed 3-0 with Ms. Braiterman abstaining from voting.
Old Business
Item # 5: Sweatt – Tax abatement issue
Peter Flynn stated that he received documentation tonight that the deed matter was settled and that the family was here tonight to discuss the matter. Questions were raised on whether the will was probated and if the Board should take any action yet on this matter. Ms. Segnitz explained to the Board that her attorney wrote an opinion, which she had with her tonight that according to NH State law, the property in question passed to Mr. Sweatt’s immediate heir on the date of death. The attorney then drew up a deed and signed the property over to Ms. Segnitz’s mother (Mr. Sweatt’s daughter). They were told that they did not have to have the will probated because the mother was an heir. The Board, however, had the opinion from town counsel that the matter did have to go to Probate Court to be probated. Discussion ensued where it was decided that town counsel would be given a copy of the paper from Ms. Segnitz Attorney to see if something might have been missed and the Board thought it might be that town counsel was not aware of the grandfather. No action to be taken tonight.
Item # 6: Procurement Policy – discussion, revisions and possible adoption
There was discussion on how the Board wanted to proceed this evening with the discussion and review of the Procurement Policy and it was decided that there should be a motion made to go ahead and begin such discussion.
MOTION was made by Rod Pimentel and seconded by Cheryl Morse.
Additional discussion ensued regarding the Policy and whether the Board would accept the policy as a draft and begin reviewing and amending the policy. Tom Watman stated that this was not the correct way to proceed and that it is customary to make a motion to discuss a policy in the making. After lengthy discussion regarding the correct way to proceed, it was decided to withdraw and table the item until a future date when the full board was in session to review and edit or amend the original draft. Ms. Morse formally withdrew her second and the Item was tabled.
Tom French asked if he could add some comments to this Item as he had been waiting throughout the meeting to discuss the Procurement Policy. He indicated that he had made some edit type changes to the document not so much as to making content changes and he outlined what those changes were. The Board thanked him for his input. Mr. Pimentel then asked if there was anything else regarding the Procurement Policy and reiterated that it would be tabled.
Item # 7: Review “disposal of Town property” policy
Item was tabled without discussion.
New Business
Item # 10: St. Theresa’s Church property discussion – Subdivision process
Peter Flynn asked the Board’s permission to use a Real Estate Agent to begin the process of surveying and dividing up the land. He further stated that he wanted this process to be handled correctly from the start. He stated that to hire a surveyor would most likely cost about $1,500 – 2,500 and that he would get some estimates to present to the Board. This issue was discussed at length and it was decided that it is a good idea to get the land surveyed so that a buyer could not come back later and say the land was not properly outlined when it was purchased. Mr. Ward asked what would be surveyed and was told by Mr. Flynn that the entire lot would be surveyed including the parking lot. The Town is selling the Church part of the property with some frontage. Rod Pimentel stated that as far as the lot lines are concerned, the Town has not decided yet on how to approach it – do they make the lot line just the church (with a right of way for the tenant) and Mr. Flynn stated that the grass line at the front driveway to rear, will be what the Town would sell. We would need the dimensions to give a buyer. Some additional discussion ensued regarding snow removal, maintenance, etc. In conclusion, Mr. Flynn asked if he could have permission at this point to solicit bids to have the land surveyed. MOTION was made by Cheryl Morse to solicit bids to engage a surveyor. The MOTION was seconded by Mr. Pimentel and passed unanimously by the Board. It was also stated that Mr. Flynn would inform all abutters by way of letter of what action will be taken on the land.
Item # 13: Court Lease: Can the court stay in the Town Office longer than expected.
Peter Flynn explained that he and Rod Pimentel attended a meeting in Concord with Chief Justice Broderick where discussions took place regarding the courts of Hillsborough and Henniker. There was some talk about Hillsborough court coming to Henniker temporarily or that the Henniker court will stay in Henniker with conditions.
Mr. Pimentel stated that Justice Broderick and the court members oversee where courts are and that consolidating courts is taking place throughout the State. It seems the most logical place for a new court for Hillsborough would be the 1st exit off Route 202 in Hillsborough and that if the Henniker Court goes to Hillsborough there is not much incentive to move to a new location. The Hillsborough court may become more proactive to build a new court. Discussion regarding the need of a family court in the Hillsborough / Henniker area ensued. If there is not one located here then it will have to be in Concord. Mr. Pimentel stated that the Board is in support of a consolidated court. Mr. Flynn suggested that the lease, if extended could be written to be broken by the Court if necessary. Nothing would change, court would still be held once a week by the same judges. A MOTION was made by Cheryl Morse to extend the court’s lease by 60 days beyond the July 1, 2005 expiration date. Tom Watman seconded the motion and it was passed unanimously by the Board.
Item # 11: Town Administrator’s Report
Peter Flynn reviewed the Town Administrator’s Report. Cheryl Morse raised some concerns regarding the scrap steel that is at the new facilities and her concern that it may be disposed of improperly due to the pending visit to the site by the Board. The date for the visit is still to be determined. There was some discussion regarding the dumpster at the Town shed and if it is owned by the Town or leased. Ms. Morse advised that there are bicycles, TV’s and various other debris currently in the dumpster and raised questions regarding recycling the material and what the clean-up procedure is regarding sorting it out and cleaning the dumpster out. Rod Pimentel indicated that it should be left to the Department Head to recycle metals, etc. and that the debris should be hauled away under the Town’s current contract.
Thea Braiterman then stated to the Board that she was submitting her resignation letter with regret. She was thanked by all for her years of service to the Board and the Town. A MOTION to accept Ms. Braiterman’s resignation was made by Cheryl Morse. Tom Watman seconded and the resignation was accepted unanimously 3-0.
Discussion ensued on what procedure to use to get the word out that the Town is looking for a Selectman to fill the vacancy left by the departure of Ms. Braiterman. Whether there should be a formal process of asking interested people to get in touch with the Board or whether the Board should contact people they think may be interested. Peter Flynn stated that there is no regulation currently in place on how to select a new candidate. Rod Pimentel asked if it was done in a non-public session or is it open to the public. It was decided that there would be some posting of the opening and that interested individuals should file a letter of interest with the Chair. The exact process of replacing an exiting Selectman would be discussed at the next meeting. Ms. Braiterman indicated that the person would only fill the position on an interim basis until her term would have expired in March of 2006.
It was then discussed that there should be an announcement on the website that minutes of the Board meetings should be posted within two weeks from the meetings.
Item # 8: Town committees and boards-Discuss process and applications for volunteer positions
Peter Flynn stated that this item is on the agenda for review only. There has been positive feedback about this process and that it seems to be working. Cheryl Morse stated that she likes how this is being handled.
Item # 9: Review and adopt minutes of April 19, 2005
A MOTION was made by Tom Watman to accept the minutes with changes. Cheryl Morse seconded and it was passed unanimously 3-0.
There was additional discussion about the 2nd Annual Henniker Cleanup Day and Cheryl Morse made a MOTION to accept the date which was seconded by Tom Watman and unanimously approve by the Board 3-0.
MOTION made by Rod Pimentel to adjourn. Seconded by Cheryl Morse and unanimously approved 3-0.
The meeting was adjourned at 9:07 p.m.
Respectfully submitted by,
Martha J. Dickey
Clerk to the Selectmen
APPROVED
April 19, 2005
TOWN OFFICES
Present: Rod Pimentel, Thea Braiterman, Cordell Johnston, Tom Watman, Cheryl Morse, Peter Flynn, Tim Russell, Tom French, Stephany Marchut Lavallee, Ron Lavallee, Russ Roy, Leigh Bosse, Ken Levesque, Peter Fernandes, Bob Pennock, John Margeson, Ken Ward, Jim Presher, Bill Wilson, Craig Musselman
The Pledge of Allegiance was recited at 6:15 P.M.
Public Forum
Ron Lavallee requested the Board’s approval to schedule the 2nd Annual Henniker Cleanup Day for Saturday, May 7, 2005, from 9AM to 2PM. Bag and glove supplies will be made available behind the Garage at the Transfer Station. He will involve local organizations such as the Recycling committee, the Boy Scouts, the Girl Scouts, and the Rotary Club. Credit will also be given to John Stark students for helping out. The Board agreed to this request.
Mr. Lavallee requested the Board consider the significant precedent it would be setting if it granted an abatement of the taxes on the property of a recent resident who died. He is concerned about the message the Board would be sending that it is okay to not pay taxes. The town should take this property and sell it; they may not get much for it, but at least no one else gains by averting the law. The Board noted a decision has not yet been made, as it is pending a town counsel response.
Bob Pennock distributed a copy of the state law prohibiting the dumping of leaves and lawn trash into the incinerator or landfill. The Transfer Station has no room to place this debris, even if the town wanted to accept it. He wanted the Board to be aware of this issue, in case complaints are made about it.
MOTION by Cordell Johnston to approve the items of the Consent Agenda, as presented. Seconded by Tom Watman and unanimously approved 5-0.
Appointments
Item #1: Department Head Comments/Questions on Recommended Procurement Policies
Peter Flynn informed the Board that all department heads have received the most recent draft of the recommended procurement policies for the town of Henniker, just recently revised by comments from the town counsel. Rod Pimentel opened the floor for discussion on the draft.
Russ Roy, town finance director, commented that this proposed process would help him organize town finances and better prepare for audits, particularly the GASB 34 for fixed assets. He suggested a figure of $3,000 could be considered the threshold triggering this process, as the history he looked at usually had items at this level that were less routine. The $3,000 level is doable, but $5,000 was also acceptable to him. The level chosen will determine the paper flow coming his way. He normally looks at anything that is purchased $1,000 or above. The question is what will best help the town control the goal of managing purchases, whether it is to extend the life of equipment or just routine maintenance. Auditors will look at any purchase of $1,000 or more, to ensure he has the appropriate documentation.
Tom Watman asked if $3,000 is an acceptable level requiring the procurement process, particularly, when accruing costs. Mr. Roy responded that the town tries to do the fullest accruals possible to know where the budgets of each area stand, however, the figure should not be too low to make the process inefficient to follow. In addition, he suggests the purchase order process be amended to require the town administrator approve all orders that he signs, just for auditing purposes.
Rod Pimentel asked about the contract for fuel. Mr. Roy said Ayer & Goss is a local provider, which is desirable, as they can provide fuel 24 hours day, with no concerns of access for the town during a storm or other emergency situations. The town’s payment is net of taxes, and Ayer & Goss takes care of this paperwork. In addition, the town pre-buys to keep the cost as low as possible over the year. This contract has never gone out to bid. The Board discussed the pros and cons of bidding out this type of contract, and discussed adding “during that fiscal year” to the document so that it would not require a bid for that year, but would not restrict them in future years.
Tom French expressed his opinion that he thought this process is wrong in forcing departments to follow such a bidding process when it is clear the town would just be wasting paper. The department heads are already accountable and are making good decisions. This process is not necessary. Mr. Pimentel noted that if the Board does not want an item to be bid, it does not have to be bid. Mr. French also expressed concern about when the $3,000 is reached for a purchase; is it for a single item or in the aggregate? He said a “low bid process” is not the best for the town. Mr. Watman noted this proposed process is not a “low bid process.”
Keith Gilbert expressed his concern about the increased paperwork this process will require. He does not have the time to do this in order to make the same decisions he would without it. Cheryl Morse noted he will still have to do the same research needed to make this decision, and would only be recording it in a different way, so that others would know how he reached this decision. Mr. Watman noted that specifications for a bid make the decisions that much more professional. It will provide an increase in public confidence on how the town makes its decisions. He asked the department heads to not take this proposed process in a personal way; this is a normal process that every town and company usually follows in order to make sure it is fair and equitable to everyone concerned.
Mr. French responded that he thought the town is already accountable. John Margeson noted there is already a budget process to ensure responsibility. The town already signs off on all purchases. Mr. Gilbert said he had worked for the town before, and knew there was a procurement process that had been abandoned because it was so inefficient. Mr. Watman asked if he knew when it had been formally abandoned; Mr. Gilbert said it just fell apart.
Mr. Pimentel suggested a figure of $1,500 that would trigger the requirement for the procurement policy. Mr. French said the departments already buy from the best. Mr. Watman responded that this process does not require accepting the lowest bid. Mr. French said you would only get the information requested in the specifications; there are other ways to know things that will not be used during this process. Mr. French said his volunteer position does not allow him the time to do all this work. Ms. Morse noted that companies have information they can share to help ease the time needed to do research.
Thea Braiterman noted that as long as these great people remain as department heads, then it will be fine, but no one knows who is next in line. Mr. French said he agreed, but he was already accountable for things now, and if the Board did not like what he did, they could fire him. Ms. Morse said the accountability is for others who do not follow a process; this is a $5 million business. Mr. Gilbert said he always gets three bids. Mr. Watman noted this ensures the rules are known by all vendors, departments, and voters. If another gas provider opens up in town, then they know the rules and can bid. Mr. Margeson said last year he saved money because he did not bid out a project and the vendor honored his word from last year. This will not happen if there is a bidding process.
Cordell Johnston said a procurement policy is a good idea for gathering information, but his question is whether it is impractical or adding too much bureaucracy. This system is used by others, but he is not sure where the town is right now, for example, how often a department would be affected in requiring a bidding process for a $3,000 or a $15,000 purchase.
The Board had a lengthy discussion on deciding how to determine a single item purchase or an aggregate purchase over the year. Mr. Pimentel preferred a process allowing flexibility. Mr. French noted he just wants to make sure this is a reasonable process; his department gets lots of donations that go beyond just the one contract with a vendor. Ms. Morse noted that exceptions to this bid process could be made. Ken Levesque asked what needs to be done to get an exception. Ms. Morse said it depends on proving why a sole source is needed; justify that this decision is in the best interests of the town.
Tim Russell requested the process include language that allows the State of New Hampshire bidding process to be acceptable as part of this process; it saves the department time and money. The Board agreed to add this language.
Mr. Russell asked why a purchase order process is necessary. Ms. Morse said the finance department would have information that allows the Board to know where the budgets stand, rather than asking each department head. Mr. Watman said minimal oversight of departments is not the way to run a business. Mr. French said the town administrator is not needed to oversee it all. Mr. Watman said it is the same reason the finance department is run efficiently; the department heads are accountable; not islands onto themselves. People steal; this is a town business using town people’s money; he believes they deserve extra protection. There will be problems with a bidding system, but they will be solved; exceptions will be granted. The invoice is not the whole system when making purchases. The budget is an estimate for the year, but there is no guarantee that is what will be bought.
Mr. Pimentel proposed simplifying the Non-Major Purchase Procedure by adding language requiring a purchase order for items $1,000 and over, and deleting the second sentence and next paragraph. There was a lengthy discussion on the impact of this process for current purchases; and the cash flow information that would be obtained. The department heads stated that they review all invoices for their area to ensure items are properly budgeted and purchased.
MOTION by Tom Watman to adopt this procurement policy, as proposed. Seconded by Cheryl Morse.
Thea Braiterman expressed opposition to accepting a policy without amending it first. Previous practice had amendments being made before final adoption of a policy. Stephany Lavallee said she would prefer if the department heads submit written amendments to this policy, so that everyone knows what is being adopted and why. Mr. Pimentel agreed with Ms. Braiterman that he preferred amendments made first, and then a final adoption of the policy. Mr. Watman withdrew the motion, as long as the Board agreed this was an important procedure to adopt and that it would be adopted.
MOTION by Tom Watman to insert the figure of $5,000 into Section VII as the threshold triggering the procurement process. Seconded by Rod Pimentel and unanimously approved 5-0.
After further discussion, the Board agreed to table further discussion until more information is gathered from department heads.
MOTION by Tom Watman to table further action on the proposed procurement process until the next meeting. Seconded by Cordell Johnston and unanimously approved 5-0.
The Board requested department heads submit written amendments to this policy for review and discussion at the next meeting.
Item #2: Possible Selectmen’s Adoption of New Procurement Policies
The Board tabled this item until more information is gathered from town department heads and from further review.
Item #3: Introduction of Draft Design Phase Contract (Waste Water) for Comments
The Board tabled this item until the next meeting.
Item #4: Review and Accept Minutes of April 5th, 2005 and April 12th, 2005
MOTION by Cordell Johnston to approve the draft minutes of April 5, 2005, as amended. Seconded by Tom Watman and unanimously approved 5-0.
Motion to approve minutes of April 12th by Tom Watman as amended, seconded by Cheryl Morse and unanimously approved 5-0
New Business
Item #5: Sale of St. Theresa’s Church and Subdivision Process – Peter Flynn
The Board tabled this item until the next meeting.
Item #6: Request for Appointment of Recording Secretary – Peter Flynn
The Board tabled this item until the next meeting.
Item #7: Town Administrator’s Report –reported in writing
Public Forum (cont.)
The Board thanked Amy Jowers for her service as Clerk to the Selectmen, as this is her last meeting.
Item #8: Request for Non-Public Discussion Per RSA 91-A: 3,II, (e) – re: Legal and Contractual Issue
MOTION by Rod Pimentel to enter into non-public session per RSA 91-A, 3,II (e) – re: legal and contractual issues. Seconded by Thea Braiterman and unanimously approved by roll call vote 5-0.
The Board entered into non-public session at 7:55 PM.
(Minutes of the non-public session separate.)
MOTION by Rod Pimentel to reenter into public session per RSA 91-A, 3,II (3) – re: legal and contractual issues. Seconded by Cheryl Morse and unanimously approved 5-0.
The Board reentered public session at 9:05pm.
A motion was made by Tom Watman to “authorize Transfer Station Superintendent Robert Pennock to cast a vote on behalf of the Henniker Selectmen to engage in a ten year contract with the Wheelabrator Co. to dispose the Town’s waste at their incinerator in Penacook; and to endorse the actions of the Concord Area cooperative to prepare the permitting process for a landfill operation in Canterbury.”
The motion was seconded by Cordell Johnston and voted unanimously in the affirmative. 5-0
Item #9: Selectmen’s Reports - none
Consent Agenda
(Routine appointments, resignations, permits, abatements and other documents requiring signatures)
Intent to Excavate
Patenaude, Rodney – Map 1, Lot 539c
Patenaude, Rodney – Map 1, Lot 103x
Intent to Cut
Post; Map 1, Lot 743
Tax Deferral for Elderly & Disabled
Mathews, Diane $2,952.52
MOTION by Cordell Johnston to adjourn. Seconded by Cheryl Morse and unanimously approved 5-0.
The meeting was adjourned at 9:08pm.
Sincerely,
Amy Jowers
Clerk to the Selectmen
Minutes for Selectmen’s Meeting
April 12, 2005 (special meeting)
Attendance- Selectmen Rod Pimentel, Tom Watman, Thea Braiterman, and Cheryl Morse. Also, Peter Flynn, Town Administrator and Tom French, Project Engineer (HTA)
Selectman Cordell Johnston was absent due to a business commitment out of town.
Location as posted-Old Concord Road sidewalk construction site.
Meeting called to order at 6:00pm.
Discussion focused on the pros and cons of changing the design of the curbing from ‘slope’ to ‘straight curb’.
Selectman Morse expressed her position that the curb should be straight and not sloped. She presented much information from various state and former highway officials to convince the members that it was in the best interest of the taxpayer to provide a safer sidewalk with pavement that won’t breakup as quickly as if a sloped curb were in place. Rob Pimentel indicated that he felt that the sloped curb was safer for bicycle traffic safety vs. Cheryl Morse’s contention that the straight curb was more conducive to automobile traffic safety.
A motion was made by Cheryl Morse “to change the project work order to now include sidewalk curbing that was straight and this was contingent upon the State and Federal DOT approval of an eighty percent (80%) reimbursement to fund the estimate $7,000.00 cost increase.”
Seconded by Tom Watman.
All four selectmen present voted in the affirmative. (4-0)
Meeting adjourned at 6:25PM
APPROVED MINUTES
TOWN OF HENNIKER, BOARD OF SELECTMEN
TOWN OFFICES
Present: Rod Pimentel, Thea Braiterman, Cordell Johnston, Peter Flynn, Tom Watman, Cheryl Morse, Deb Segnitz, Carol & Charles LeClair, Lloyd Henderson, Rick Patenaude, Kris Blombeck, Bob Pennock, Stephany Marchut Lavallee, Ron Lavallee, Leon Parker, Peter Fernandez
The Pledge of Allegiance was recited at 6:15 P.M.
Public Forum
Stephany Lavallee asked about the status of impact fees. The Board informed her this is a planning board issue. Cordell Johnston, Ex Officio Selectmen to the Planning Board, noted that the Planning Board’s consultant, Bruce Mayberry, is close to finalizing his presentation and will deliver it sometime over the next few months; she should attend those meetings for any updates.
Appointments
Item #1: Deb Segnitz – Re: Tax Issue
Deb Segnitz noted she is the legal representative of her parents, Carol & Charles LeClair, regarding their request for forgiveness of overdue taxes on Map 2, Lot 371A, totaling about $11,000. She updated the Board on the progress of this issue, noting that not granting this abatement would place the issue in probate court, which could take years for finalization, and cost the town more than what the forgiveness of taxes total now. Her parents cannot afford to pay these overdue taxes and clean up the land; they propose to clean up the land and merge this lot into theirs to put it back on the tax roll. Her parents are not looking to make any money on this arrangement, but just get the land back on the tax roll.
The Board had a lengthy discussion of their concerns in setting a precedent by granting forgiveness of actual taxes, versus the forgiveness of interest or fees of overdue taxes which they have already agreed to do for this case. Peter Flynn noted the ownership of this lot has still not been determined.
The Board agreed to not take any action on this request at this time in order to allow for more time in clarifying the legal ownership of this lot and to gather more information on the cleanup costs of this land. In addition, the Board requested an opinion from town counsel to clarify the options the town has, including the issue of probate court and obtaining the deed for this land. The Board also requested an opinion from the town assessor to determine the value of the two lots joined, versus separate. Ms. Segnitz agreed to obtain copy of the deed for this property.
Item #2: Bob Pennock – Re: Update on ‘Haulers’ Issue
Bob Pennock requested the Board’s approval to rescind the town’s agreement with Waste Management, Inc. to haul and dump trash under the town’s name at the Wheelabrator incinerator. Mr. Pennock explained Waste Management’s illegal practices of mixing trash from other towns when dumping under the Henniker account. The town pays tipping fees on these loads delivered, and is paying for other town’s trash. Peter Fernandez explained the times he has caught these trucks either offloading trash mixed in with other town’s or not unloading trash from Henniker and likely dumping that trash under another town’s account.
The Board discussed the pros and cons of this request, noting that customers in Henniker have other businesses to request trash pickup, and that this issue has gone on for some time. In addition, it may be a cost savings to the town, as the amount of trash dumped may be less and result in less tipping fees.
MOTION by Cordell Johnston to authorize the Town Administrator to rescind the agreement between the Town of Henniker and Waste Management, Inc. allowing trash dumping under the Town of Henniker’s Wheelabrator’s account in Penacook, effective immediately. Seconded by Tom Watman and unanimously approved 5-0.
Old Business
Item #3: Committee Volunteer Openings – Discussion Re: Openings and Appointment Process
Peter Flynn presented a draft procedure for the Board to follow in addressing openings and appointments to town committees and boards. The Board reviewed the documents and discussed the proposed procedures. Thea Braiterman proposed limiting memberships to 6 consecutive years, in order to prevent people from staying too long on a committee. Cordell Johnston opposed this suggestion, stating his concern that there are some committees and boards with statutory regulations that do not grant the town the right to limit terms of service. Rod Pimentel noted there are some committees that length of service is needed for the depth of knowledge and experience required to make good decisions. Cheryl Morse noted the Athletic Committee is being served well because of two long-serving members.
The Board had a lengthy discussion of the balance between allowing new members and ideas to be part of a committee and trading that off for the experience and solid service from long-time members. It was agreed that attendance at meetings was a very important issue, regardless. The Board discussed only limiting service on several committees, better advertising for openings, and limiting service when there is a waiting list of people interested in joining a committee. Leon Parker, Chairman of the Zoning Board of Adjustment Committee, noted that his committee has had several openings for a while and has tried all sorts of recruiting. It is sometimes very hard to fill positions. He encouraged the Board to obtain replacements, as needed.
Thea Braiterman proposed a MOTION to send out letters annually to members that “the Board of Selectmen recommend your reappointment… under normal circumstances, two consecutive terms is the limit….Motion was not seconded.
MOTION by Tom Watman to authorize the Town Administrator to send the presented draft letter to notify members of town committees and boards that their expiring term requires their notification to the Board of Selectmen of their interest to serve again; with the receipt deadline of this request to be April 15, 2005. Seconded by Cheryl Morse.
The Board discussed this MOTION. Thea Braiterman proposed an amendment adding language informing members that open positions will be advertised during this time to encourage new membership.
MOTION by Thea Braiterman to amend this MOTION to accept the presented draft letter as the policy of the Board of Selectmen to be used for membership renewals with expiring terms, with additional language of deadline dates and advertising”. Seconded by Cheryl Morse.
The Board further discussed having the terms of these committees begin in the fall of each year to use the summer as a time to gain new members, to make attendance an issue of interest for renewing memberships, and to make sure everyone is aware that letters of interest in serving on committees are welcomed and accepted year-round.
Rod Pimentel called for a vote on Mr. Watman’s original MOTION. The vote was 4-0 (Aye – Mr. Watman, Mr. Pimentel, Mr. Johnston, Ms. Morse; Abstain – Ms. Braiterman).
MOTION by Mr. Watman to authorize the Town Administrator to advertise open positions on town committees and boards throughout the town which will include a listing of these positions; this will occur simultaneously as sitting members are being notified of their expiring terms. Seconded by Cheryl Morse and unanimously approved 5-0.
MOTION by Rod Pimentel to authorize the Town Administrator to send the Notifying of Expiring Term letter to all members with expiring terms on town committees and boards, with the proposed date changes of April 1st, April 30th, and June 1st, 2005. Seconded by Cheryl Morse and unanimously approved 5-0.
The Board noted this policy and procedure would be finalized by the Town Administrator.
MOTION by Tom Watman to have all errors of spelling and grammar as identified in any documents reviewed by the Board to be submitted to the Clerk of the Selectmen or the Town Administrator in writing, so that routine matters such as these do not take time during the meeting.
There was no Second to this MOTION and the MOTION died.
Leon Parker requested the Board’s guidance on alternate members of town committees and boards. The Board noted that alternates, who have no expiring terms, must apply for an open position as others do, however, the Chairman’s recommendation for a member to serve on a town committee will carry weight with the Board when they review candidates for a position.
The Board noted that currently pending requests for appointments to committees and boards are exempt from this policy, as they pertain to the Athletic Committee, which for liability insurance purposes must have approved people on board by April 1, 2005.
Item #4: Review and Accept Minutes of March 15, 2005
MOTION by Cheryl Morse to approve the draft minutes of March 1, 2005, as amended. Seconded by Cordell Johnston and unanimously approved 5-0.
Item #5: Update on Town Hall Renovation Project
Peter Flynn informed the Board that Northbranch Construction, Inc. has declined to accept the town renovation project, as its workload schedule is full for this summer. There may be a chance, but no guarantee, that they can accept this project in the fall. The Board discussed other options, including a firm in Nashua that Mr. Flynn noted may be helpful with design/build contracts. Cheryl Morse suggested Milestone, as they have done excellent work for Colby Sawyer College. It was noted they also did a building for the New England College. Kris Blombeck suggested Coneston Construction, which has done excellent work with Pat’s Peak. The Board further discussed that the timeframe of this project is more likely to be September, but if any project can be awarded by the end of the year, the funds can still be used as voted on by the town at the Town Meeting.
MOTION by Tom Watman to withdraw the Board of Selectmen’s offer of the Town Hall Renovations Project to Northbranch Construction, Inc. Seconded by Cheryl Morse and unanimously approved 5-0.
MOTION by Tom Watman to authorize the Town Administrator to solicit at least three bid estimates for design, timeline and specifications for the Town Hall Renovations Project. Seconded by Cheryl Morse and unanimously approved 5-0.
New Business
Item #6: First Quarter YTD Budget Report (2005)
Peter Flynn noted the distributed budget charts show that spending is on target with expected percentages at this time of year; there are no flags of concern.
Item #7: Local Government Center Workshops
Peter Flynn noted the information distributed by Cordell Johnston about the seminars being conducted for interested members. He requested they have him sign them up, if interested.
Item #8: Announcement of ‘Young Engineer of the Year Award’
The Board agreed to send a letter of congratulations to Tom French in recognition of his award.
Item #9: Report of WWTP Bond Estimates and Balance of Capital Reserve Fund
Peter Flynn presented a breakdown of the Wastewater Treatment Plant Bond Estimates for the bond agreement approved at Town Meeting for the upgrades of the system. He noted that Ken Levesque, the Plant Chief, believes he may be able to lower the cost of the project, which therefore will favorably affect the bond plan. However, he referred the Board to the balance of the Capital Reserve Fund, currently at $23,808, with an expected $12,000 to be taken out for a pending bill. This is just for informational purposes now; no action has to be taken.
Item #10: Town Administrator’s Report
Peter Flynn noted he has italicized and separated out all new information on the project list. For the first six projects, there is no news to report. The Board already discussed the town hall renovations project. The dump truck for the Highway Station has been ordered. He noted the town has a lease on the Transfer Station backhoe and to purchase this, as approved at Town Meeting, will require a vote by the Board for final approval. John Margeson, Highway Agent, will update the Board on the salt shed project as soon as he completes more detail.
He noted the next three items are for selling property in town, which will all be discussed at the April 19th meeting. He already has inquiries on all of them, which indicates the town may not have an issue in selling them. He noted one offer that has already come in but will have to be returned, as the bidding process has not started at this time.
He met with TDS Telecommunications yesterday regarding the movement of all electronic equipment during the town hall renovations and there does not seem to be an issue with this. He noted the last four items were added from the last meeting regarding the town meeting survey, the town meeting committee, changing the fiscal year, and planning a tour of town facilities.
Cheryl Morse asked about the slanted curbing for the Old Concord Road Sidewalk project, as new projects she is aware of have square curbing. That has proven to last longer and not allow water to seep under and destroy the road. The Board agreed to request an answer to this from Tom French, the engineer on this project, as well as obtain a second opinion on it.
Peter Flynn noted he has worked with Tom Watman on a bidding process for the Board to adopt in awarding town projects and at the next meeting he will have samples for the Board to review. He suggested a discussion with department heads on the following meeting of April 19th.
Peter Flynn noted the Consent Agenda is new to the meeting process.
MOTION by Tom Watman to accept the Consent Agenda, as presented.
Mr. Flynn noted that any issues can be taken out before the vote and discussed after. The Board agreed to move this item to the beginning of the meeting, so that any issues can be addressed before voting. The Board further agreed to meet in a Working Session at 6:00 PM to review this Agenda and sign all appropriate documentation, so that when the Meeting Agenda begins at 6:15PM, all issues can be discussed at that time.
Cordell Johnston seconded the MOTION by Tom Watman and it was unanimously approved 5-0.
MOTION by Cheryl Morse to establish a Working Session of the Board of Selectman preceding each meeting at 6:00 PM to review the Consent Agenda. Seconded by Tom Watman and unanimously approved 5-0.
Item #11: Selectmen’s Reports
The Board discussed the invitation to meet next Monday with Chief Justice Broderick regarding the court lease that will not be renewed July 2005. The Board agreed there is little they can do, as the town has voted to not renew this lease in order to renovate the town hall. Should this project not proceed, the Board may have an option to renew the lease, but this is not the status at this time. Rod Pimentel and Tom Watman agreed to accept this invitation as a courtesy to hear the Chief Justice’s information.
Cheryl Morse expressed concern about the procedures of the Revaluation project, as several people have noted to her that they have had no contact with inspectors and are concerned the valuation estimates will not reflect the true status of their properly. Peter Flynn assured the Board that the Revaluation process includes a period of time for challenges to be reviewed and discussed.
Consent Agenda
(Routine appointments, resignations, permits, abatements and other documents requiring signatures)
Abatement
Paul Biren, $2,693
Robert Galli, $3.28
Geoffery Hirsch, $5.11
William Marksteiner, $5.79
Robert Pape, $3.70
Ruth A. Harrington, $2.11
Intent to Excavate
David G. Foster; Lots 615, 605A, 605
Dennis McComish; Lot 680
Michie Corp.; Lot 587A
Intent to Cut
Heidi Aucoin; Lot 744
Windsor Ward Peak; Lot 11
Warrant for the Collection of Yield Tax
Marianne Lafazan; Lot 355A7, $329.32
Exemptions and Credits
(See list attached.)
Warrant for the Collection of Land Use Change Tax
in the amount of $137,310.00
(See list attached.)
Acceptance of Resignation
(See attached.)
MOTION by Cordell Johnston to adjourn. Seconded by Cheryl Morse and unanimously approved 5-0.
The meeting was adjourned at 8:45PM.
Sincerely,
Amy Jowers; Clerk to the Selectmen
BOARD OF SELECTMEN
March 15, 2005
TOWN OFFICES
Present: Rod Pimentel, Thea Braiterman, Cordell Johnston, Peter Flynn, Tom Watman, Cheryl Morse, Gail Burbee, Cynthia Marsland, Lloyd Henderson, Stephany Marchut Lavallee, Ron Lavallee
The Pledge of Allegiance was recited at 6:15 P.M.
Appointments
Item #1: Deputy Town Clerk Gail Burbee – Swearing In of the New Selectmen
Gail Burbee swore in the new Selectmen: Cordell Johnston and Thomas Watman for a 3-year term; Cheryl Morse for a one-year term.
Item #2: Organization of Board of Selectmen
MOTION by Thea Braiterman to nominate Rod Pimentel as Chair of the Board of Selectmen. Seconded by Cordell Johnston and approved on a vote of 4-0 (Aye – Thea Braiterman, Cordell Johnston, Cheryl Morse, Rod Pimentel; Abstain – Tom Watman).
MOTION by Mr. Watman to elect a Vice-Chair of the Board of Selectmen for the sole purpose to serve as Chair in the absence of Mr. Pimentel. Seconded by Cheryl Morse.
The Board discussed that this would be the first use of this position, as previously a rotation system served to decide who would fill the role of Chair. Ms. Braiterman stated her opposition to the Motion, as it would not allow everyone to gain expertise as Chair and would elevate one person over the others. Ms. Morse said it would make it easier for a person to step into the role of Chair with this position. Mr. Pimentel noted the Town Administrator is responsible for the daily operations of the town, so it is just the responsibility of the Chair to manage meetings. The decision-making power is in the Board, not in the Chair position. Mr. Watman argued for the Motion, stating the Chair is the speaker for the Board between meetings, and the elevation of a person is not a realistic result with the current arrangement. This is a way to operate in an efficient and businesslike manner.
Mr. Pimentel called for a vote on the MOTION. The MOTION was approved on a vote of 3-1 (Aye – Mr. Johnston, Ms. Morse, Mr. Watman; No – Ms. Braiterman; Abstain – Mr. Pimentel).
MOTION by Mr. Watman to nominate Ms. Braiterman as Vice-Chair of the Board of Selectmen. Ms. Braiterman declined to accept this nomination.
MOTION by Mr. Watman to nominate Mr. Johnston as Vice-Chair of the Board of Selectmen. Seconded by Ms. Morse and approved on a vote of 3-0 (Aye – Ms. Morse, Mr. Pimentel, Mr. Watman; Abstain –Mr. Johnston, Ms. Braiterman).
Old Business
Item #3: Timber Tax Abatement Request
Cynthia Marsland, Assessing Technician presented Spencer Bennett’s request for $1,000 abatement on the timber tax billing, arguing that the sale income of the timber was less than valued and the project cost more than recognized by the town. Ms. Marsland provided an overview of the timber taxation process, explaining the responsibilities of the land owner, along with the forest logger, to submit an Intent to Cut application providing various details, such as a map of the area, an estimate of what is expected to be cut, landing areas, egress on roads, and if the land is in current use. The RSA and town regulations require the tax clerk, the road agent, the town forester, and other town entities to review these applications to ensure compliance with all legal requirements. The town has 30 days to sign an Intent to Cut application. In addition, it can require a security bond to ensure payment. The State Department of Revenue issues monthly values of each type of timber. The town forester visits the site after the cut and determines its location, its size, the types of trees cut down, and then reports back to the town on what the project actually involved. The town generates a bill for this timber cut by taking the forester’s report and his use of the State’s current estimate of the value of cut timber. The land owner has 90 days to appeal the billing.
The Board discussed the potential confusion of the language describing the billing process but reached an understanding that the timber tax is determined on the value of the cut timber, as determined by the State’s monthly reports, not on the value of the timber sold. In addition, Ms. Marsland pointed out on several maps the road cut for Mr. Spencer’s logging project which would also be used by the subdivision, thereby establishing its use beyond a logging road.
Ms. Marsland confirmed the work done on this particular piece of property was not in violation of the wetlands issues. The Board noted that granting this abatement request would set a precedent, as the Board has previously sided with town agents, such as the town forester.
MOTION by Mr. Watman to deny Mr. Bennett’s request for abatement on his timber tax bill. Seconded by Mr. Johnston and unanimously approved 5-0.
The Board discussed interest in researching this issue further. Ms. Marsland invited the Board to contact her with any additional questions they may have about this or other issues.
Public Forum
Ron Lavallee asked about the Board’s decision on a resident’s request to forgive overdue taxes on town property. Peter Flynn noted the Board discussed this request in non-public session as it was residential property, and then announced in public session its decision to forgive only the interest on the late taxes, approximately $20,000, but not the actual taxes totaling around $11,000. This would be granted only if the residents removed a trailer from the property and combined the lots. He noted to the Board that the owners were not happy with this decision and may choose not to take the property. The Board noted the next option is to take the land.
Stephany Lavallee thanked Mr. Johnston for his work on the survey taken at the Town Meeting on whether to move the date and time of it. Mr. Flynn noted the results of this survey would be discussed later.
Item #4: Review and Accept Minutes of March 1, 2005
MOTION by Rod Pimentel to approve the draft minutes of March 1, 2005, as amended. Seconded by Thea Braiterman and unanimously approved 2-0.
New Business
Item #5: Discussion of Committee Assignments to Various Boards and Committees
The Board reviewed the list of committee assignments for members. Mr. Watman suggested having members fill out this list in private to get a more honest response of where they wanted to serve, with the Chairman making the final decisions. The majority of the Board disagreed, choosing to have members volunteer and discuss assignments in public.
The following assignments were agreed upon:
Planning Board – Cordell Johnston. Mr. Flynn noted this is usually a three-year term and will expire in 2006.
Historic District Commission – Tom Watman.
Athletic Committee – Cheryl Morse. The Board noted this Committee is experiencing problems at this time and will need attention by the Board to reach resolution.
Capital Improvement Plan Committee – Tom Watman. Mr. Pimentel and Ms. Morse agreed to resign as members, noting that three Selectmen serving would not be necessary.
Henniker Community Center Activities Committee – Thea Braiterman. Ms. Braiterman expressed an interest in encouraging the Center to offer activities for senior citizens.
Highway Safety Committee – Tom Watman. The Board noted this Committee only meets at the request of the Board.
Recycling Committee – Cheryl Morse. The Board noted this Committee is addressing the issue of recycling efforts at this time which will require the Board’s involvement to some degree.
Papermill Restoration Committee – Rod Pimentel.
Conservation Commission – Rod Pimentel.
Mr. Johnston noted there is no longer a NH Municipal Association Legislative Committee. Mr. Flynn said the assignment list would be updated for the next meeting.
Item #6: Town Administrator’s Report
Peter Flynn noted the Old Concord Road Sidewalk Project will resume as the weather warms up. The Paper Mill Site Restoration Committee continues to work on the Western Parcel issues and its recommendations. The Revaluation project is on schedule and will shortly finish with the residential section. The Pay As You Throw project continues. Mr. Lavallee noted there is concern by the Recycling Committee of being left out of the current research being done on the recycling options.
Mr. Flynn noted the Town Meeting vote approving the Wastewater Treatment Plant upgrades. The next step is for the State to review the project and make recommendations. The Board will then begin preparing specification documents for the bidding process. The Town Hall Renovations project was also approved at Town Meeting, and he asked for the Board’s agreement to pursue this work with Northbranch Construction, as they had already completed some research and work on the project, and this would ensure no delays in completing the project this year.
The Board had a lengthy discussion regarding the efficacy of making this type of decision without an open bidding process, and without having been upfront and direct with the town before a vote was taken. Mr. Watman expressed strong concern about not using a proper bid process that would be fair to all local businesses and upfront about the town’s intentions. Mr. Pimentel noted that Northbranch is the only engineering business in town that has the expertise to do this job professionally, and within the proposed budget of $190,000. Ms. Morse noted the time constraints on the project but also that there may be several town businesses interested in it. Ms. Braiterman suggested granting this project to Northbranch with the understanding that a bidding process would be used to award future projects. The Board agreed with this suggestion.
MOTION by Mr. Watman to officially grant a "design and build" project to Northbranch Construction, Inc. for the town hall renovations project, based on the time sensitivity of resolving health and safety concerns, and the need to begin expending funds for this project in 2005. Seconded by Ms. Morse.
The Board further discussed the health and safety inspection requirements for the town building. Mr. Flynn noted the areas that have been improved, with the others waiting for this project to be complete.
Mr. Pimentel called for a vote on the MOTION. The MOTION was unanimously approved on a vote of 5-0.
Mr. Flynn noted the renovations project would likely start July 2005, with a two month timeframe. Mr. Watman requested a new bidding process to help award projects from July 1, 2005 onward.
Item #7: Selectmen’s Reports
Mr. Pimentel informed the new Selectmen that the town administrator’s report includes all items requested by the members to be updated on each meeting in order to track progress.
Ms. Braiterman stated her interest in seeing the new Board of five members agree to all necessary formalities for business-like meetings, but maintain an open, friendly, and pleasant environment toward all citizens, and not overwhelm the citizens with needless bureaucracy. She believes a balance of these two goals is desirable. Mr. Watman noted he believes controversy and conflict are good in the sense that all options are discussed and differences of opinions are welcomed. He requested that at the end of the town administrator’s updates, any new information is appropriately marked as such to make it easier to know the current status.
The Board discussed memberships of town committees and ensuring new people have a chance to serve. Mr. Watman suggested a consent section on the agenda to approve renewals and appointments to committees but also to have a recorded vote of the Board on all memberships. The Board agreed to discuss a draft procedure for reviewing appointments at the next meeting.
Mr. Johnston noted that the survey at the Town Meeting had resulted in a slight majority in favor of moving the meeting to a Saturday. He requested this issue be put on a future agenda for discussion. It was also suggested moving the meeting to the summer time, which would require changing the fiscal year.
Mr. Johnston suggested creating an orientation for new members, as he was not aware of the fact that he is a member of the sewer commission. The Board discussed and agreed to schedule a tour of the town departments. Mr. Pimentel also suggested new members attend town committee meetings to learn about new issues and what is being discussed.
Mr. Johnston suggested the NH Municipal Association could also be of help, as they hold several seminars each year on various topics. He agreed to notify the Board when these are scheduled.
Mr. Johnston informed the Board of his interest in researching why the town’s tax rate is so high. He does not like to operate in a vacuum when deciding budget matters. He would look at the town expenses, revenues, and tax basis versus other towns, and the commercial values, as well. He also expressed interest in being more active on the legislative policy state level, as there are issues being decided that affect the town. The Board cautioned him on choosing issues, and ensuring there is nothing controversial that the town would be divided on.
Item #8: Permits for Signature
Sign Permit: Contoocook Valley Radio
Buildings Permits, Approved
Item #9: Abatements/Other Signatures
Abatement: Tamara Silvernail, $172.83
Report of Appropriations
Tax Anticipated Note / Credit Rider
Appointment: Cynthia Marsland, Director of Human Services
A motion to adjourn was made at 8:30PM and approved unanimously on a vote of 5-0.
Sincerely,
Amy Jowers
Clerk to the Selectmen
Approved
BOARD OF SELECTMEN
TOWN OFFICES
Present: Rod Pimentel, Cordell Johnston, Peter Flynn, Ron and Stephanie Lavallee, Tom Watman, Cheryl Morse, Lisa Hustis, Pete Fernandez, Bob Pennock
The Pledge of Allegiance was recited at 6:15 P.M.
Ron Lavallee asked about the practice of having a special presentation for a specific Warrant Article at the Town Meeting, as he has been asked to make a presentation on the town renovations issue and he is concerned this will be seen as a prejudicial sign that the Board wants this bond supported. The Board noted it is standard operating procedure to make a special presentation if it will help residents gather more information on making a decision, such as with the Old Concord Road Sidewalk project.
Stephanie Lavallee asked about the status of a new Library Director. The Board noted this process has only started, as the current Director is not expected to leave until April 2005.
Item #1: Kim Johnson – Discussion Re: Pending “Deeding” to the Town Due to Back Taxes
Kim Johnson requested the Board’s guidance on pending “deeding” of specific properties in town that the owners are overdue in paying the property tax. She noted the town is legally entitled to take this property away from the resident, however, as some are their residences, the town has not wanted to do this in the past.
The Board agreed it is not good to be a landlord, however, at some point the town must act in its best interests. The Board agreed an analysis of the current status of pending “deeding” properties would be helpful. It was further noted that other towns often take these matters case by case, as Henniker does. In addition, the new board of five members could help bring a fresh review of this issue. In the meantime, it would be best to keep on top of each case, and possibly request more face to face meetings with the Town Administrator or the Board to encourage residents to pay the taxes.
MOTION by Cordell Johnston to approve the February 15, 2005 minutes, as amended. Seconded by Rod Pimentel and unanimously approved 2-0.
Item #3: Report and Decision Re: Timber Tax Issue (S. Bennett)
The Board discussed the abatement request submitted by Spencer Bennett for the value appraisal of the timber cut on his land. The Board requested more information on this matter and tabled it for further discussion at the next meeting.
Peter Flynn noted the application submitted by Underwood Engineering, Inc. for grant monies to assist with the Wastewater Treatment Plant upgrades. This is part of their contract with the town, in order to help with the cost of this project.
Mr. Flynn noted the $2,000 grant the Fire Department received from the NH 2005 Volunteer Fire Assistance fund for the purchase of personal fire safety equipment.
Peter Flynn noted the Revaluation Project will complete the residential portion of its work within the next two weeks. The commercial phase will then begin. Ken Levesque, the Chief of the Wastewater Treatment Plant, is working on a powerpoint presentation for the Town Meeting to help explain the bond request. The Town reports were mailed today, the Henniker Herald will be mailed Thursday, so by the end of the week, all residents will have good information on the Town Meeting issues. There will be three meetings next week: March 7th, Monday, the School District Meeting; March 8th, Tuesday, the Town Election; and March 9th, Wednesday, the Town Meeting.
The Board took this time to thank Cordell Johnston for completing the term of Joe Damour as Selectman. This was a very difficult time for the Board and his services were appreciated.
Mr. Flynn noted to the Board the three court cases the town is preparing for: the Zoning Board of Adjustment decision on the explosives business; the Mt Hunger project; and a potential issue on taxes.
The Board reviewed the division of Warrant Articles for presentation at the Town Meeting. Mr. Flynn noted they will have their books for this meeting by Friday.
(no items to report)
(no items to report)
Item #10: Non-public session per RSA 91-A:3,II,(d) Legal (Land Acquisition Issues)
MOTION by Rod Pimentel to enter into Non-Public Session per RSA 91-A:3,II(d) regarding land purchase issues. Seconded by Cordell Johnston and unanimously approved 2-0.
The Clerk took the roll call:
Mr. Pimentel – Aye
Mr. Johnston - Aye
The Board entered Non-Public session at 6:55 PM.
(non-public minutes separate)
MOTION by Rod Pimentel to enter into Public Session per RSA 91-A:3,II(d). Seconded by Cordell Johnston and unanimously approved 2-0.
The Board re-entered Public session at 8:30 PM.
MOTION by Rod Pimentel to seal the non-public minutes. Seconded by Cordell Johnston and unanimously approved 2-0.
A motion to adjourn was made at 8:35 PM.
Sincerely,
Amy Jowers; Clerk to the Selectmen
APPROVED
February 15, 2005
TOWN OFFICES
Present: Rod Pimentel, Thea Braiterman, Cordell Johnston, Peter Flynn, Ken Levesque, Dan Mercier, Ron Lavallee, Tom Watman, Carl Hamel, Jeremy Soulliere
The Pledge of Allegiance was recited at 6:15 P.M.
Public Forum
(no one present.)
Item #1: Review Draft Minutes of February 1 and 8, 2005
MOTION by Thea Braiterman to approve the February 1, 2005 minutes, as amended. Seconded by Cordell Johnston and unanimously approved 3-0.
MOTION by Cordell Johnston to approve the February 8, 2005 minutes, as amended. Seconded by Rod Pimentel and unanimously approved 3-0.
The Board briefly discussed organizing volunteers to man the exit survey table at the March town meeting. Peter Flynn agreed to collect names and to organize the day’s schedule.
Item #2: EPA Recognition Award Presented to Wastewater Treatment Plant
Ken Levesque, Chief of the WWTP, presented a plaque to the Board stating Plant had received the EPA’s National Second Place Clean Water Act Recognition Award, and requested it be posted in the town hall. The Board agreed and thanked him for this work.
Item #3: PUBLIC HEARING – BOND REVIEW
Rod Pimentel, Chairman, opened the Public Hearing at 6:30 PM on the 2005 Proposed Warrant Articles #9 – Wastewater Treatment Plant and #10 – Town Hall Renovations. Both would require a bond.
Warrant Article #9 – Wastewater Treatment Plant
Rod Pimentel opened the floor to discussion on the proposed $891,000 bond for the design, engineering, and construction of the Waste Water Treatment Plant.
Ron Lavallee requested the Board consider changing the 70/30 funding split, as it seems to be an arbitrary figure and may not be fair to those on their own septic system. He is on a septic system and pays to get it pumped and deposited at the Treatment Plant. Carl Hamel agreed with this request, stating he believes he is being double taxed with this funding split. He plans to oppose the split at town meeting. The Board discussed whether there is an option to change the proposed funding split at town meeting, and it was agreed this could happen.
Ken Levesque noted the funding split used to be the other way around – 70% from the town, and 30% from the users. In addition, the users at one point paid 100% for renovations to allow the Treatment Plant to accept septage from septic system users. David Mercier, from Underwood Engineering, noted that accepting this type of septage requires a certain design and setup, which the Plant maintains.
Tom Watman requested the Board research the historical rationale behind this split, as well as whether it could be amended at town meeting, and if the cost could be amended, as well. He suggested announcing this before the discussion and vote at town meeting, so all voters are aware of what is amendable or not. Peter Flynn agreed to obtain this information and report back to the Board during the week. He noted that as a user of the town system, he thought it was a fair split, as most of the businesses in town use this system and that benefits everyone.
Mr. Hamel noted that there is no town assistance for those who have their septic system broken and in need of replacement. Mr. Watman said he is convinced the Plant needs these upgrades but is concerned the town will be too concerned about the cost. He suggested using the Plant’s current capital reserve fund balance to help lower the impact on the tax rate. Mr. Levesque explained that his capital improvement program already has the $280,000 funds planned for other Plant systems. They also are 30 years old and will be in need of maintenance in the near future. He does not want to jeopardize having funds for those needs. Mr. Watman suggested the Board offer two warrant articles to give the town the option to use the capital reserve funds, if they choose. The Board discussed the option of using part of the reserve funds in order to save on interest payments. But it also agreed it would not be good to wipe out the fund completely, as the Plant has been in need of emergency assistance over the past years.
Thea Braiterman expressed her view that this project will benefit the entire town, and that this is a town project. She would prefer to use capital reserve funds in order to avoid paying interest. She also strongly urged presenting another option to building a $217,000 chemical storage building. Mr. Levesque explained these are highly caustic chemicals that are legally required to be stored within a second containment system in case of leakage. It also needs equipment for pumping capability and safety showers. The Board discussed the option of possibly buying a pre-fab building, or making the building smaller, but agreed that a more detailed explanation for this portion of the plan was needed at town meeting.
Mr. Hamel asked about the volume of chemicals purchased, and Mr. Levesque said buying in large quantities is cheaper, and that is what he does. Mr. Levesque noted that chemicals have only been stored since August, when the filament problem began, so this is something that will have to be resolved whether it is by this proposed building or something else.
The Board further discussed the proposed 70/30 funding split. Mr. Levesque noted the capital reserve funds come from an annual $15,000 funding request, plus any surplus funds from the year’s budget, and income raised by the Plant. This is operated differently than other town departments, by law. The Board noted these are all payments, in some form or another, from user fees.
The Board agreed to add language to the Warrant Article to request a withdrawal from the capital reserve budget, suggesting the following wording: "…and further to authorize the Selectmen to withdraw $100,000 from the Wastewater Treatment Plant Capital Reserve Fund…"
Mr. Levesque agreed to gather information for the Board on the 10-year capital improvements plan for the Plant, with a financial report and the year-to-year balance expected. He noted that, as a user, if money is taken out of the fund, and an emergency happens, that funding will be implemented by an increase in user fees; so he did not see where the savings would be, but he could understand the reasons for the suggestion. The Board advised him to be prepared for discussion on funding and the chemical storage building costs.
MOTION by Thea Braiterman to revise the current Warrant Article to include language authorizing use of capital reserve funds for this project. Seconded by Cordell Johnston and unanimously approved 3-0.
MOTION by Rod Pimentel to close the public hearing on Warrant Article #9. Seconded by Cordell Johnston and unanimously approved 3-0.
The public hearing portion on Warrant Article #9 was closed at 7:30 PM.
Warrant Article #10 – Town Hall Renovations
Rod Pimentel opened the floor to discussion regarding the proposed $180,000 bond to design, engineer, construct and reconfigure the first floor municipal office space located at 2 Depot Hill Road.
Mr. Lavallee asked if the Warrant Article had been revised to include the request to examine the structural integrity of the building, should the second floor be used in the future. Mr. Flynn said it had been updated, although in discussing this with the architect, it was noted that because of the building’s age, there is no guarantee that renovations may not have to be redone in order to ensure the second floor is safe to use.
There were no other comments or questions.
MOTION by Rod Pimentel to close the public hearing on Warrant Article #10 at 7:40 PM. Seconded by Cordell Johnston and unanimously approved 3-0.
Item #4: Discussion and Approval of Henniker Herald format
Peter Flynn noted the document will be ready for the Board’s review, its 11 to 12 pages will provide good information about the town and school budgets.
Item #5: Discussion re: Town Meeting ‘motion by board’ assignments
The Board requested Mr. Flynn divide the Warrant Articles among its members for presentation at the March town meeting.
Item #6: Discussion re: Appointments to Boards and Committees
Mr. Flynn noted the Board would review the list of opening positions on Town Boards and Committees at its March 1st meeting. This will be the first item for the new 5-member Board. Advertisements for these openings will be placed afterward, to give all town residents an opportunity to request candidacy for a position.
Item #7: Town Administrator’s Report
Peter Flynn reported that there is little to report on the progress of these projects, as everything is ongoing, but work has been concentrated on preparation for the March town meeting.
Item #8: Selectmen’s Reports
Thea Braiterman informed the Board of a legislative hearing on a bill to prevent New Hampshire from allowing such firms as Bio-Energy to operate in the state and cause pollution. The Board agreed she could represent them at this hearing and speak for them.
Item #9: Permits for Signature
Intent to Cut: Morse / Map 2, Lot 369A
Item #10: Abatements/Other Signatures
Tax Anticipation Note – Citizen’s Bank
Warrant, final page
A motion to adjourn was made at 7:45 PM.
Sincerely,
Amy Jowers; Clerk to the Selectmen
APPROVED
BOARD OF SELECTMEN
TOWN OFFICES
Present: Rod Pimentel, Thea Braiterman, Cordell Johnston, Peter Flynn, Ken Levesque, Dan Mercier, Ron Lavallee, Tom Watman, Bob Pennock, Carl Hamel, Jeremy Soulliere, Keith Gilbert, Leo Aucoin, Lloyd Henderson, Wayne Colby, Helga Winn, Cheryl Morse, Dottie Kelsey, Jolene Schillinger-Erikson, M. French, Leon Parker, Shawn Richard
The Pledge of Allegiance was recited at 6:30 P.M.
PUBLIC HEARING
Rod Pimentel, Chairman, opened the Public Hearing on the 2005 Municipal Budget as prescribed by RSA 32:5,I,V to discuss and review all appropriations, including special warrant articles. Mr. Pimentel 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 an $11.99 or under tax rate.
The Board agreed to review each Article scheduled to be discussed and voted on at Town Meeting, noting that Articles #1-8 are scheduled to be voted on the ballot.
Warrant Article #9 – Wastewater Treatment Plant
Rod Pimentel requested Ken Levesque, Chief of the Wastewater Treatment Plant, to present a review of the $800,000 bond request for facility improvements of the Plant, including upgrades to the aeration system and a new chemical storage building. Mr. Levesque introduced Dan Mercier from Underwood Engineers, Inc., who distributed information describing the technology upgrades that will make the system more user-friendly and thereby give its operators more control in responding to issues.
Mr. Pimentel requested a cost analysis of this improvement plan, as well as of the situation if the town did not approve these upgrades, and the costs associated with the steps taken this past fall to resolve the problems that prompted this study. Thea Braiterman asked about the cost of the chemical storage building. Mr. Mercier noted all proposed costs of this plan could be less after their report is finalized, as the plan can be tailored; the proposed bond price is meant to be conservative so the town has flexibility in meeting its needs. Mr. Levesque also noted these improvements will not solve all the problems that can occur at the Plant, however, it will help to reduce what happened this past year and the possibility of violating their permit requirements in the future. The Board discussed the life of the plant itself, and that there are other systems at the Plant that will need attention in the future.
Tom Watman suggested considering a delay in approving this bond until the study is complete and the answers are more accurate. The Board discussed the possible use of the $280,000 in the capital reserve fund to help offset the bond, as well as the funding split of 70% from the user fees and 30% from the town.
Carl Hamel asked about the increased use in the system, and Mr. Levesque noted the design flow of the system is only used at ½ capacity now. Cheryl Morse asked if it was possible to request a continuation of the Town Meeting, in order to present more information to the town voters later on in the spring, after the study is complete. The Board agreed to look into this idea. Wayne Colby noted the proposed 70/30 split in funding can be changed, although it has been used often in the past years. The Board noted that next week’s meeting is on this Bond and requested all further questions and comments to be held for that discussion.
The Board reviewed the following Warrant Articles:
Article #10 – Town Hall Renovations
Leo Aucoin urged the Board to have this renovation plan include preparing the town hall’s structure for possible use of the second floor, in order to save time and money for an option that seems very likely. The Board agreed to request that this be added to the scope of the project.
Article #11 – Police Department
Mr. Hamel requested adding $2,000 to the Police Department operations budget in order to purchase an electronic sign that will display the speed of approaching vehicles. The Board discussed this idea and the $16,000 cut already taken in order to reduce the tax rate.
Article #12 – Police Department Maintenance Fund
Mr. Pimentel noted the $35,000 reduction taken in order to help reduce the tax rate. The remaining $30,000 would be placed in a capital reserve fund for future building renovations. There were no comments or questions.
Article #13 – Animal Control Department
There were no comments or questions.
Article #14 – Rescue Squad and Fire Department
Mr. Watman asked about the planned purchase of a new defibrillator, which costs around $10,000. Mr. Aucoin requested cleaning duty to be added to the responsibility of full-time duty officers, but Keith Gilbert, Fire Chief, noted this would not be a good use of their time, as they are working on other projects for him.
Article #15 – Ambulance Capital Reserve Fund
Mr. Pimentel noted the $20,000 that was moved from this Fund to the Fire Truck Capital Reserve Fund to help save for a future fire truck. There were no additional comments or questions.
Article #16 – Appoint Selectmen Trustees of Fire Truck Capital Reserve Fund
Mr. Gilbert explained that this Article will give the town the flexibility to purchase a used truck in the future, should that opportunity arise, rather than having to wait for a town meeting to obtain approval. There was a brief discussion on the need for a ladder truck. Mr. Watman suggested adding the words “only after a public hearing” to the Article, in order to resolve concerns about making such a large purchase without town input. The Board agreed this would help to clarify the purpose of this Article.
Article #17 – Fire Truck Capital Reserve Fund
There were no comments or questions.
Article #18 – Appoint Selectmen Trustees of Fire and Rescue Building Maintenance Fund
The Board agreed to delete this Article.
Article #19 – Fire and Rescue Maintenance Fund
There were no comments or questions.
Article #20 – General Municipal Operations
Ms. Morse asked about the increase in the Tax Collector budget and the Board noted this reflects an addition of a part-time person to help increase hours and coverage for the Tax office. Mr. Aucoin asked about the Parks & Properties budget, and the Board noted this has turned out to be an excellent bargain for the town, considering private contractors would charge much more for these services. Ms. Morse asked why the Town Clerk is an elected position, and the Board agreed this is an issue to research.
Article #21 – NH Highway Block Grant
There were no comments or questions.
Article #22 – Highway Department
There were no comments or questions.
Article #23 – Purchase of a Dump Truck for Highway Department
There were no comments or questions.
Article #24 – Road Reconstruction, Repaving
The Board noted the $15,000 reduction taken in order to help reduce the tax rate and to compensate for the late purchase of equipment with 2004 surplus funds. There was a brief discussion on the planned use of the used skidsteer that will be replaced.
Article #25 – Highway, Streets, and Lighting
There were no comments or questions.
Article #26 – Solid Waste Transfer Station
The Board explained the commercial hauler fees would go to the general fund.
Article #27 – Purchase of a Pre-owned Backhoe for Transfer Station
Bob Pennock explained the expected savings from this purchase will be in less than three years.
Article #28 – Resolution Adopting San Ramon, Nicaragua as Sister Community
The Board did not review, as it is a non-budget Article.
Article #29 – Tucker Free Library Fund
Article #30 – Tucker Free Library
Article #31 – Feasibility Engineering Study for Tucker Free Library
Mr. Colby informed the Board of Helga Winn’s recent resignation as Library Director. Because of this, he requested Article #31 be deleted from the Warrant until a new director is hired and can oversee this project. He also requested the $10,000 for the Study be given to the Library Fund in order to help cover the costs of filling this position. The Board agreed to these requests.
Article #32 – Wastewater Treatment Plant
There were no comments or questions.
Article #33 – Cogswell Spring Water Works
There were no comments or questions.
Article #34 – Former St. Theresa’s Church Property
The Board did not review, as it is a non-budget Article.
Article #35 – Property Sale of 7 Bacon Road
The Board explained this is property previously owned by the old Papermill business on Western Avenue. The Committee overseeing the renovation of this area agrees this property should be sold. Mr. Parker asked about using an auction to sell this property, but the Board noted they want more control over the final sale price.
Article #36 – Property Sale of Tax Map 2, Lot 359-C
Mr. Aucoin requested that all abutters of this property be given the opportunity to purchase it. After lengthy discussion, the Board agreed to rewrite the Article and open it up for sale to anyone interested. Peter Flynn agreed to confirm that the property is not a buildable lot.
Article #37 – Diamond Drive as Town Road
The Board did not review, as it is a non-budget Article.
Article #38 – Historic District Commission
The Board did not review, as it is a non-budget Article.
Article #39 – Authorization of Planning Board for Preliminary Reviews
Mr. Johnston explained the new State regulation that allows planning boards the option of requesting a preliminary review of major subdivisions. He noted the town’s Planning Board has recently adopted new regulations allowing such reviews for major subdivision applications of three or more lots; however, it cannot take effect until it is approved at town meeting.
Article #40 – Resolution Supporting Town of Hopkinton
The Board did not review, as it is a non-budget Article.
The Board noted this ends the Public Hearing on the 2005 Municipal Budget. The final numbers of this report will be presented at Town Meeting. Mr. Watman thanked the Board for their hard work in keeping the tax rate low.
The Public Hearing ended at 8:55 PM.
The Board discussed with Mr. Colby, the Town Meeting Moderator, about having an exit survey taken at the polls. Mr. Colby said he would arrange containers and a table to be available at the exit in order to collect responses.
MOTION by Rod Pimentel to approve the 2005 Municipal Budget of $5,102,966 to be presented at the 2005 Town Meeting. Seconded by Thea Braiterman and unanimously approved 3-0.
A motion to adjourn was made at 9:15 PM.
Sincerely,
Amy Jowers; Clerk to the Selectmen
APPROVED
BOARD OF SELECTMEN
TOWN OFFICES
Present: Rod Pimentel, Thea Braiterman, Cordell Johnston, Peter Flynn, Ron and Stephany Lavallee, Tim Russell, Tom Watman, Bob Pennock, Carl Hamel, Jeremy Soulliere, Martha Sunderland, Lisa Hustis, Jim McElroy
The Pledge of Allegiance was recited at 6:15 P.M.
Public Forum
Ron Lavallee asked about the town’s policy on addressing delinquent taxes, in reference to a case previously presented to the Board, and the method of making a decision on it in private, as he had attended previous meetings where these decisions were handled with compassion and dignity but made in public. Rod Pimentel explained the town tries to keep residents on their property if they are residing there, and will work with them to accommodate financial issues. The Board noted a decision on this previous case had not been reached, but will be made public; they intend to keep on top of such cases in the future.
Old Business
Item #1: Discussion Re: Budget and Warrant Article Adjustments
Peter Flynn presented a revised budget for 2005 with a proposed rate increase of 50 cents; under the 68 cents increase recommended by the Budget Committee. This reflects a more realistic understanding of revenues and expenses, but includes four additional cuts: reducing the police operation budget by $16,412; removing the $12,000 purchase of a vertical baler for the Transfer Station; reducing the Ramsdell Road Bridge project funds by $11,000; and using $140,000 from the town’s fund reserves. Mr. Flynn noted the Board can consider several funding options for town hall renovations: a 5-year bond, with the first payment due in 2006; or, with cash now by reducing more in the current budget, but saving $22,000 in interest payments. The CIP had included $400,000 for this project in the future, but the current funding request is $180,000. He noted a new fund request of $800,000 bond for the sewer project. This will be funded by the same split as before - 70% from user fees and 30% from the town. He had received all the comments requested from town counsel and had incorporated them into these warrants, as they were now written.
The Board had a lengthy discussion of whether to reduce the 2005 budget to a zero increase from 2004 or to find more cuts to finance town hall renovations with cash instead of a bond. Thea Braiterman noted the positives of having no increase in the tax rate in 2005. Rod Pimentel expressed concern about putting off spending that will be needed eventually. The Board discussed with Tim Russell, the Police Chief, the possible reduction of funds for the renovation of the police station. Mr. Russell agreed with this, as long as the Board did not remove the purchase of a police cruiser in 2005; 2006 would be the time to do this, if needed.
The Board further adjusted the budget with a $15,000 reduction in the Highway operating budget, as discussed with John Margeson last meeting. Stephany Lavallee suggested cutting the Athletics Budget and making it a pay as you play arrangement. The Board disagreed with this recommendation, noting this is one of the best programs in the town that involves the community and provides for children. There were also discussions about the fire equipment fund and the petitioned Article on reaffirming the Historic District Commission. Peter Flynn agreed to work with these suggestions and return with a proposed budget that is less than 11.99 for the town portion of the tax rate. Lisa Hustis asked about the inclusion of expected growth in the budget; and the Board noted this is included in projected revenues and expenses.
The Board agreed to the following changes in the draft Town Warrant:
* amend #12 to reflect a $50,000 reduction in funds to renovate the police station; and further, to place the remaining $30,000 in a capital reserve fund
* keep in the Warrant #16 – Appoint Selectmen as Agents to expend from the Fire Truck Capital Reserve Fund
* remove #18 – Appoint Selectmen as Agents to expend from the Fire and Rescue Building Maintenance Fund
* amend #22 to change environmental to environmentally
* amend #25 to reflect a $15,000 reduction in the Highway Department operating budget
* remove #27 – request for $12,000 to purchase a vertical baler for the Transfer Station
* amend #36 to make build able one word
* amend #39 to remove “some or all” from the wording
* amend #40 to remove “most likely”
* remove #41 – request of funds to repair the Hearse Garage
* amend #42 by rewriting to “recognize” the special relationship between San Ramon, Nicaragua and the town of Henniker
The Board discussed requesting voters to voluntarily participate in a survey about changing the time and day of the town meetings. Peter Flynn agreed to request input from the town moderator, Wayne Colby, to see how this could be arranged at the March town meeting. Martha Sunderland asked about the town ordinance on wetlands, and Cordell Johnston clarified that a new state law requires all towns to accept the state’s definition of wetlands, although they can use other language to further define such an area.
Item #2: Discussion Re: Changing Format of the Henniker Herald
Peter Flynn presented a revised format of presenting the Town Warrant and ballot to residents. The Board discussed their goal to provide as much information to voters, and how to best do this.
Item #3: Town Administrator’s Report
Peter Flynn noted work on the Old Concord Road is on hold for the winter, to be resumed in the spring. There is nothing new to report for the Paper Mill Restoration Committee, nor on the Ramsdell Road Bridge Project. The Revaluation project continues to proceed smoothly. The Pay As You Throw issue has had further progress with the Resource organization representative, who is working on an initial report to present to the Board. Next week will be the public hearing on the budget. After town meeting, this list will be revised to reflect new projects.
Item #4: Selectmen’s Reports
Cordell Johnston asked about the timing of posting Planning Board minutes on the town website. Peter Flynn noted they are posted within days of their receipt, but that the Planning Board takes a longer time in reviewing and approving minutes and so delivers them weeks after each meeting.
Old Business
Item #5: Review and accept minutes of January 4, and 25, 2005 & budget meetings of January 11 and 13, 2005
MOTION by Rod Pimentel to approve the draft minutes of the January 4, 2005 meeting, as written. Seconded by Rod Pimentel and unanimously approved 3-0.
MOTION by Cordell Johnston to approve the draft minutes of the budget meeting of January 11, 2005, as amended. Seconded by Thea Braiterman and unanimously approved 3-0.
MOTION by Thea Braiterman to approve the draft minutes of the budget meeting of January 13, 2005, as amended. Seconded by Cordell Johnston and unanimously approved 3-0.
MOTION by Thea Braiterman to approve the draft minutes of the January 25, 2005 meeting, as written. Seconded by Rod Pimentel and unanimously approved 3-0.
New Business
Item #6: Non-public session per RSA 91-A:3,II,(d) Legal (Land Acquisition Issues)
MOTION by Rod Pimentel to enter into Non-Public Session per RSA 91-A:3,II(d) regarding land purchase issues. Seconded by Cordell Johnston and unanimously approved 3-0.
The Board entered Non-Public session at 8:55 PM.
(non-public minutes separate)
MOTION by Rod Pimentel to enter into Public Session per RSA 91-A:3,II(d). Seconded by Thea Braiterman and unanimously approved 3-0.
The Board re-entered Public session at 9:15PM.
Motion by Rod Pimentel to forgive the interest and penalties on the taxes for the property formerly owned by Richard Sweatt at 3 Newton Road (Map2, lot 371A) be forgiven under the following conditions: 1) that the proper deed be recorded with the Registry of Deeds reflecting that Charles and/or Carol LeClair are the owners of said property; 2) the building on said property is removed: 3)the property must be merged with the LeClair’s abutting lot. (Map 2, Lot 371).
MOTION by Rod Pimentel to seal the non-public minutes. Seconded by Thea Braiterman and unanimously approved 3-0.
Item #8: Permits for Signature
(nothing to report.)
Item #9: Abatements/Other Signatures
Municipal Authority Certificate
Citizens Bank of New Hampshire
A motion to adjourn was made at 9:20PM.
Respectfully submitted,
Amy Jowers; Clerk to the Selectmen
APPROVED
BOARD OF SELECTMEN
TOWN OFFICES
Present: Rod Pimentel, Thea Braiterman, Cordell Johnston, Peter Flynn, Lloyd Henderson, Meg Johnston, Ron Lavallee, Tom Watman, David Hayden, Deb Segnitz, Mr. & Mrs. Charles LeClair, John Margeson, Bob Pennock, Carl Hamel, Jeremy Soulliere, Pete Fernandes, Scott Osgood
The Pledge of Allegiance was recited at 6:15 P.M.
Public Forum
Bob Pennock, Chief of the Transfer Station, shared pictures of the new swap shop, which will be open in several weeks.
Carl Hamel raised questions relating to the recent budget committee discussions of the 2005 proposed Human Services budget. He requested the Board consider showing the wages for this work in the Human Services budget, rather than wrapping it into another position. The Board agreed to consider this suggestion. Mr. Flynn offered to meet with him to further discuss town process and procedures regarding this department.
Appointments
Item #1: John Margeson – Request for purchase
John Margeson presented a $29,500 request to purchase a used sidewalk snowplow, as the current one is difficult to use and cannot be used in several areas of town. These funds would come from surplus 2004 funds in his department’s budget. Mr. Margeson further noted this would replace a future request for $40,000, currently budgeted in the Capital Expenditures Program, to buy a replacement snowplow. The Board noted they are facing significant cuts in the proposed 2005 budget, and asked if this is a priority for his department, compared to other items, such as road repair funds. Mr. Margeson and the Board discussed the importance of pedestrian safety during winter and the time saved by using a snowplow more efficient and user-friendly. It was noted using surplus funds from the 2004 budget would not help to offset the 2005 tax rate and that last minute budget requests like this are not the proper way to purchase town equipment. Mr. Margeson noted this is a legitimate request and that he could accept an offset in his department budget in 2005 funds for this purchase.
MOTION by Cordell Johnston to approve a $29,500 purchase of a used sidewalk snowplow for the Highway Department, funding to come from surplus funds in the 2004 budget. Seconded by Rod Pimentel and approved on a vote of 2-0, with Thea Braiterman abstaining.
Item #2: Charles LeClair- re: property at 3 Newton Road
Mr. & Mrs. Charles LeClair requested the Board consider an abatement or make an arrangement regarding $9,000 in interest on back taxes owed by a deceased relative; the back taxes total $11,217. This land is less than 1/3 of an acre and has an old, likely-unusable mobile home on the property. It is land-locked, with the right of way across their property. Mr. LeClair said they would like to put this property back on the tax roll, but cannot afford to pay the large back taxes; they would join this property with theirs. The Board thanked them for this information and agreed to take this into consideration when this matter is discussed in non-public session.
Item #3: Rob Smith-North Branch Construction-discussion of Town Hall renovations
Rob Smith and Joe Campbell, from NorthBranch, presented a drawing of the proposed $161,000 renovations to the first floor of the town hall. This project would be funded by a Warrant Article requesting $165,000 for town hall renovations to improve town office space. Mr. Flynn pointed out the separate lobby for the tax collector’s office and the new air exchange to improve air circulation and quality. It was noted the quote of $161,000 does not include an estimated $15,000 for exterior painting. Mr. Campbell noted the $12,000 contingency in the quote, and the breakdown of allowances. Mr. Smith pointed out this is a shopping list of quotes for the Board to decide how to proceed. The Board discussed the renovations that should give the town an 8-to-10 year solution to town office space. It was noted the roof is not part of this quote, as additional research on its current condition is needed. NorthBranch is willing to schedule and plan this project so the town can afford to do it. The Board thanked them for their presentation.
Item #4: Liane Tyrrel-request for permission to post banners on town lampposts
Liane Tyrrel requested the Board’s permission to post four banners on town lampposts to increase advertisement for the Farmer’s Market during summertime. Thea Braiterman expressed her opposition to this, as it would change the appearance of town center, and open up requests from all sorts of organizations. The Board discussed the pros and cons of this request, and agreed to develop a plan establishing guidelines for this request and others in the future. Ms. Tyrrell noted she is still waiting to hear about the grant funding for this project, so she can wait for this decision. The Board agreed to take this matter up after the March town meeting.
Old Business
Item #5: Review and accept minutes of January 4, 2004 & joint meeting of January 11, 2005
(Held to review and approve at February 1st meeting.)
Item #6: Review remaining warrant articles
(The Board agreed to reschedule review of the following warrant articles at the February 1st meeting.)
Discussion of payment program for town hall renovations.
Selectmen as Agents for the Fire/Rescue Capital Reserve maintenance fund.
Revised resolution re: San Ramon Sister Community affiliation.
Revised resolution re: Contamination
Discussion of Ramsdell Road CRF
Discussion of probable upcoming Waste Water Bond request for treatment plant refitting.
Complete review of any other warrant articles to be changed
New Business
Item #7: Non-public session with representative from the Concord Regional Solid Waste Cooperative (per RSA 91-A:3,II,(d))
MOTION by Rod Pimentel to enter into Non-Public Session per RSA 91-A:3, II(d) regarding land purchase issues. Seconded by Cordell Johnston and unanimously approved 3-0.
The Board entered Non-Public session at 7:50 PM.
(non-public minutes separate)
MOTION by Rod Pimentel to enter into Public Session per RSA 91-A:3, II (d). Seconded by Thea Braiterman and unanimously approved 3-0.
The Board re-entered Public session at 9:10 PM.
MOTION by Rod Pimentel to seal the non-public minutes. Seconded by Thea Braiterman and unanimously approved 2-0.
Item 8: Discussion re: changing format of the Henniker Herald
(Held to review at the February 1 meeting.)
Item 9: Town Administrators report
(Held to review at February 1 meeting.)
Item #11: Permits for Signature
Sign Permit: Banknorth (Bank of NH)
- temporary sign on building
Item #12: Abatements/Other Signatures
Timber Tax Levy – Ralph, Joyce $5,188.65
A motion to adjourn was made at 9:15PM.
Sincerely,
Amy Jowers
Clerk to the Selectmen
BUDGET REVIEW
APPROVED MINUTES
Budget Advisory Committee
Henniker Fire Station
January 13, 2005
Present: Rod Pimentel, Thea Braiterman, Cordell Johnston, Peter Flynn, Rod Taylor, Fred Brunnhoelzl, Roger Gezelman, Cynthia Martin, Carl Hamel, David Currier, Joseph Damour, Jim Crane, Danny Aucoin, Tom Watman,
Guests: Cynthia Marsland, Martha Sunderland, Leon Parker, Scott Osgood, Dottie Kelsey, Bob Pennock, Lloyd Henderson, Jim McElroy
Budget Matters
Rod Pimentel, Chair of the Board of Selectmen, requested a change in the meeting format, with an open discussion to follow the individual department budget discussions to share overall feedback on where cuts could be made or where departments were shortchanged.
Tom Watman made a Motion that all votes taken by the Committee will be by roll call, if requested. The Motion was Seconded by David Currier. Mr. Watman said this procedure would ensure views are taken seriously and are accountable to actions for the town. It was argued that this is not a normal procedure for an advisory committee. The Motion passed on an 8-1 vote (Aye – Mr. Brunnhoelzl, Mr. Gezelman, Ms. Martin, Mr. Hamel, Mr. Currier, Mr. Damour, Mr. Crane, Mr. Aucoin, Mr. Watman; Nay – Mr. Taylor
In response to several questions from the previous meeting, Peter Flynn provided the following information:
A. The town’s workman’s compensation plan provides 60% of the average of the last 26 weeks of volunteer and full-time wages of a volunteer injured during the time of town duty.
B. The Police Department Capital Reserve Fund is requesting $15,000 from the fund for facility renovations, not $25,000, as printed in the Warrant Article; plus, $65,000 to be raised in taxes.
C. The town pays $13,000 in management fees for its $2.3 million trustee accounts, which is not unreasonable; it is prorated to each department, based on the size of their funds.
D. The 2004 revenues from ambulance fees are actually $165,000, but due to charges, needs to be reflected in the budget as $105,000.
E. Life insurance is not available to part-time employees through the town carrier, and would have to be provided by an outside life insurance company.
Budget Reviews (cont. from previous meeting)
17. Human Services
Cynthia Marsland presented a $55,000 Human Services budget for 2005, an increase of 10% due to increased needs of the community. She reviewed the number of clients the town has served, noting that most costs are for rent and medications, and the various programs offered under Human Services. She has recommended several state and private programs that can provide additional assistance to those in need. The Committee discussed the type of medical assistance provided, the wages for this position, and the assistance required to be offered by the RSA that governs these programs.
18. Athletics
Peter Flynn presented a $25,400 Athletics budget for 2005, a .2% increase due to a small increase for the soccer fields. He reviewed the accounting procedures for bills that have not yet been paid, noting encumbrances are not part of this process; all past year’s budgets are reconciled by the end of January each year.
19. Wastewater
Peter Flynn presented a $413,473 Wastewater Treatment Facility budget for 2005, noting that this budget is paid by fee revenue and not by town tax. There was no further discussion.
20. Zoning Board
Leon Parker presented a $3,200 Zoning Board budget for 2005, a decrease of 47.7% due to removal of the Planning Board consultant’s salary. He explained the consultant’s budget was removed from the Zoning Board budget since the Board did not use these services in 2004, and was not expected to in 2005. He noted the increase in training funds, as new members will require it in 2005.
21. Planning Board
Scott Osgood presented a $56,369 Planning Board budget for 2005, a 43.9% increase from last year due to training, legal fees and a consultant position. He requested a $16,000 reduction in the consulting line item, as this fee was reconsidered. The Board is proposing new consultant hours to be 2 and ½ days a week, at $35/hour, for 12 hours per week, resulting in a $22,000 fee. The Committee corrected the overall budget figure to $40,369 for 2005. Mr. Osgood noted the consultant works with other town departments, for such projects as developing a road plan. It is also important to have these services in order to provide technical assistance for those submitting site plans, needing guidance through regulations, and getting out board meeting mailings. There is a small amount of fee revenue that helps to offset this salary; about $6,400 was received last year. Mr. Osgood noted this hourly salary is paid to the NH Municipal Association and includes overhead, benefits, and expenses for providing this consultant. The Committee noted the recent legal cased filed against the town and agreed the $5,000 budgeted for legal expenses is sufficient for now, as the town also has a $25,000 budget for legal expenses.
22. Conservation Commission
Martha Sunderland presented a $2,180 Conservation Commission budget for 2005, level funded from last year. She noted the only major change is re-categorizing Line Item 951 as the Conservation Plan. This is a working document that she will present to the Board of Selectmen in the future. She also noted that 2004 expenses have not been fully accounted, and that the $750 grant is a holdover and must be in the budget to be reimbursed. The Committee discussed Lake Quality monitoring and the dues to the NH Association of Conservation Commissions that provides the town legislative, conference access, and permits.
23. Community Programs
Peter Flynn presented a $50,873 Community Programs budget for 2005, level funded from last year for the CAP program, the Visiting Nurses program, and the White Birch Center. The CAP program is based on per capita fees. There was no further discussion.
24. Solid Waste
Bob Pennock presented a $539,208 Solid Waste budget for 2005, an increase of 6.3% due to ongoing costs of repair, maintenance, and part-time workers. Bob Pennock explained the consultant fee for a study on recycling options for the town, requesting a correction for that funding to be $2,500. The Committee recommended researching the option to have Waste Management handle the entire process; and Mr. Pennock agreed to add this to the study. Mr. Pennock noted he has started ordering uniforms for the Station’s employees. The Committee discussed the services provided to Warner residents; the town has informed Henniker that they will not pay any more than currently requested, with any future difference to be paid by the residents. Mr. Pennock discussed the alarm systems, commercial haulers charges in 2005, and crushed rock usage at the Station.
Mr. Pennock presented a $35,000 Warrant Article to lease or purchase a pre-owned backhoe for the Station. The Committee requested the Article be rewritten to have the town purchase the backhoe, not lease, in order to avoid confusion.
During this discussion, Peter Flynn noted that he will send a copy of the minutes to all members, along with final year end figures for 2004, in order to provide a complete budget picture to the Budget Committee members.
Mr. Pennock presented a $12,000 Warrant Article for the purchase of a vertical baler. He noted that a $2,000 grant will help to offset revenues; this new baler will become the replacement for one of the old ones, eventually.
25. Parks and Properties
Bob Pennock presented a $45,009 Parks/Properties budget for 2005, level funded from last year. The Committee requested a closer watch on the overspending of certain budget categories, but had no further questions.
26. Cogswell Spring Waterworks
Peter Flynn presented a $254,435 CSWW budget for 2005 and a $45,565 Capital Improvements budget for 2005, noting this department is funded by fee revenue, not by town tax. There were no further questions.
27. Elections
Peter Flynn presented a $6,250 Elections budget for 2005, level funded from last year. He noted the cost of the 2004 elections had increased due to new regulations on providing access, and proper voting procedures. The Committee agreed the town is not likely to require this entire budget for 2005, as this is an off year for elections.
28. Executive / Health
Peter Flynn presented a $21,083 Executive budget for 2005, a 25.1% increase due to adding two more Selectmen to the Board, as well as filling various other town elected positions. He noted the request for seed money to increase space for town offices, if an opportunity becomes available this year he would like to have the funds for such things as a purchase and sales agreement or engineering. He explained the $800 incentive salary paid to the chair of the town’s Safety Committee, as this is a difficult position to fill.
29. Town Offices
Peter Flynn presented a $433,646 Town Offices budget for 2005, an 8.1% increase due to normal salary increases, with the Finance Officer status now exempt, so duties are all rolled into one position with no overtime allowed anymore. He explained the custodian/outside service works for town buildings, except for the fire and police stations, and audit expenses were increased due to the new GASB 34 law, a state mandate requiring more accounting in property inventory. He explained the vehicle allowance for the town administrator position is a flat fee, not based on mileage, and is in place of the town providing a vehicle.
Mr. Flynn presented a $165,000 Warrant Article to renovate the town hall’s first floor to increase office space for town employees. The Board of Selectmen would engage a design builder with a concept plan, hopefully Northbranch, and could have a plan to present within the next week. Budget members could attend this meeting, if interested, to review the draft plan. It would address the safety and health violations, include strengthening the floor and ceilings, and would be a 10 plus year solution for town office space needs. The long-term plan could include expanding the building and possible use of the second floor. His estimate for now is to do the short-term plan for $100-150,000.
The Committee discussed the layout presented to them, with one suggestion to add a sliding wall so meetings in the designated town office space could include the Selectmen room, as well. Mr. Flynn noted the town offices will temporarily work out of the Henniker Community Center. He also noted the upstairs may have areas of asbestos, but most of that was already addressed with a previous renovation. In response to Committee questions, the Board noted they will be discussing the current lease with the court at their next meeting. The lease expires in July 2005, and would be a loss of $17,000 if not renewed.
Other Budget Matters
Rod Pimentel opened the floor to a general discussion about the proposed 2005 budget. Mr. Gezelman suggested a 3% across-the-board cut in all departments. The Selectmen argued against, stating the reason they go over the budget line by line is to avoid this type of generalized, blind reduction. There are some budgets that are more labor-heavy than others, and they would be hurt the most. Mr. Currier suggested keeping it to inflation, at 3.5%. Discussion returned to the fire truck purchase plan. Keith Gilbert, Fire Chief, returned to the meeting to support this purchase request in order to plan for the future and be prepared in case the town did need a ladder truck. Mr. Watman said this is not the true budget, as revenues have not been taken into consideration; the issue is how much the town is willing to pay. Mr. Brunnhoelzl said there is about $350,000 requested every five years for fire equipment; the money will be needed with or without a fire truck purchase request. There were various motions proposed to keep the budget increase to different levels, but none made it to a formally adopted stage. Mr. Currier made a Motion to keep the tax rate to $12.31 or below; Mr. Damour Seconded the Motion; it passed on an 8-1 vote (Aye – Mr. Brunnhoelzl, Mr. Gezelman, Ms. Martin, Mr. Hamel, Mr. Currier, Mr. Damour, Mr. Crane, Mr. Aucoin, Mr. Watman; Nay – Mr. Taylor).
The meeting was adjourned at 10:15 PM.
Respectfully,
Amy Jowers, Clerk to the Board of Selectmen
APPROVED
BOARD OF SELECTMEN
TOWN OFFICES
Present: Rod Pimentel, Thea Braiterman, Cordell Johnston, Peter Flynn, Lloyd Henderson, Stephany Lavallee, Ron Lavallee, Tom Watman, Tim Russell, Jenny Soulliere, Bob Pennock, Lynda Reinish, and Angela Robinson.
The Pledge of Allegiance was recited at 6:15 P.M.
Several members of the public and the selectmen viewed the new fire/rescue ambulance the department recently purchased and were given a tour by Tom French and Rocky Bostrom.
Public Forum
Chief Tim Russell presented a proposal to apply surplus funds from his 2004 budget to purchase a base radio. When Merrimack County Dispatch Center switched their radio frequency, the reception to the officer’s radios was not as clear as it should be. This item was included in the 2005 budget, but will be removed if approved.
MOTION by Thea Braiterman to approve the purchase of the base radio from the 2004 budget. Seconded by Rod Pimentel and unanimously approved 3-0.
Chief Russell presented Item 7 at this time, with reference to the appointment of two crossing guards. Jill Martin and Jessie Audette were selected as the morning and afternoon crossing guards for the Route 114 and Western Avenue location and at the community school crosswalk.
MOTION by Thea Braiterman to appoint these two applicants for the crossing guard detail. Seconded by Rod Pimentel and unanimously approved 3-0.
Item 1- Contract agreement endorsement by Selectmen- RE: Waste Water Plant engineering.
The members briefly discussed the contract submitted by Underwood Engineers Inc.
MOTION by Cordell to accept the contract. Seconded by Thea Braiterman and unanimously approved 3-0.
Item 2- Request for equipment purchase- Transfer Station.
Bob Pennock presented information for the purchase of a used New Holland backhoe/loader. He submitted the figures as to how much the town could save if the staff had this equipment to compress the trash more frequently instead of only occasionally. The town is charged by the truck load, and if more can fit in per load, fewer trips would be required to empty the bins. The backhoe would also be used for snow removal by the Parks Department, and the Highway Department would be able to use the old loader in the town pit in the summer time or for loading trucks in the winter.
The proposal is to make a first payment of $13, 882.03, from the department’s 2004 budget surplus, and then to submit as a warrant article a proposal for a two year lease-purchase in the amount of $27,764.06, or to purchase it outright for $25,930.65.
MOTION by Thea Braiterman to allow Bob Pennock, supervisor of the Transfer Station, to secure the lease of this vehicle until December 2005 for the sum of $13, 882.03 from his 2004 budget.
Seconded by Cordell Johnston and unanimously approved 3-0.
Item 3- Review of remaining proposed warrant articles.
Hearse Garage- for structural and restoration of the building located on Circle Street next to the cemetery.
Restructuring of Town Hall renovation- The purpose is to renovate the first floor of town hall. North Branch has submitted plans and Peter Flynn will review options of not installing new heating/air system yet, and to wait to see if additional construction to utilize the basement is still a feasible possibility.
Restructuring of Sale of Land Article on Old Hillsboro Road/ Western Avenue- The parcel is Lot 359-C and the proposal is to sell the parcel to abutter Susan Rainier.
Resolution of San Ramon Sister Community affiliation- The draft for this article was reviewed and several text changes were made. Final draft will be reviewed at the next meeting.
Selectmen as Agents for the Fire/Rescue Capital Reserve fund- this article will appear on the warrant again as the Selectmen believe these funds should be accessible to the selectmen without having to wait for a town meeting to release them.
Resolution for support of Hopkinton in hazardous air quality issues- The draft for this article was reviewed and text changes were made. Final draft will be reviewed at the next meeting.
Command vehicle warrant article request- The grant was not approved so this item will not be on the March warrant.
Cordell Johnston asked if the warrant article to accept Diamond Drive will still be included. Peter Flynn stated it will be.
Old Business-
Item 4- Minutes from the December 14, 2004 meeting were reviewed.
MOTION by Cordell Johnston to accept the minutes as amended. Thea Braiterman seconded and approved unanimously 3-0.
New Business
Item 5- Probationary appointment of Sgt. Matthew French to permanent appointment on the police department.
MOTION by Thea Braiterman and seconded by Cordell Johnston. Approved unanimously 3-0.
Item 6- Appointment of Budget Advisory committee members.
MOTION by Thea Braiterman to appoint Joe Damour and Tom Watman to the Budget Advisory committee. Seconded by Rod Pimentel and unanimously approved 3-0.
Item 8- Town Administrator’s Report.
Peter Flynn gave a brief overview of current projects and committee agendas.
-Old Concord Road project halted for the winter.
-West Paper Mill committee will meet next on January 10, 2005.
-Revaluation is proceeding as scheduled.
-Pay as you throw consulting work estimate came in at $2500. instead of the expected $8,000.
-Waste Water department engineering project voted on tonight to upgrade.
-Historic District Commission warrant article will be on the ballot.
-Preparing for Town Meeting- a schedule of critical dates for filing intent to run for vacant office or committees was distributed. This also shows dates to submit citizen petitions and when public hearings need to be held by.
Item #9: Selectmen’s Reports
(There were no issues or concerns to discuss.)
Item #10: Permits for Signature
Engineering Report Phase- Contact for Professional Service- 3 Contracts.
Land Use Change Tax- Roman Catholic Church- $15, 020.
Timber Tax- Ross D’Elia $177.67
-Spencer Bennett $6,556.64
-Wayne Patenaude $406.56
Item #12: Abatements/Other Signatures
PSNH $16,030.13 due to the State Education Funding.
A motion to adjourn was made at 8:00 p.m.
Submitted by
Gail Abramowicz