6:20 pm            Public Forum

 

Leon Parker announced that the Town’s financial position had been given a “good bill of health” in a recent report by the Town’s auditors. (Greslak and Co.).

 

Since Mr. Watman had resigned his Chairmanship at the previous meeting and work session, Mr. Parker opened the floor to Selectmen to make nominations for a new Chairman.

 

Rocky Bostrom MOVED to nominate Leon Parker as Chair of the Board of Selectmen, and Ronald Taylor SECONDED the motion.

 

Mr. Parker asked if there were any other nominations.  No further nominations were made.

 

Mr. Parker called for a vote on the motion and it PASSED 4-1, with Mr. Watman voting against it.

 

Leon Parker then nominated Kris Blomback to serve as Vice Chair of the Board of Selectmen, and Ronald Taylor SECONDED the motion.  There was no discussion.  The motion PASSED unanimously, 5-0.

 

Public Forum

 

Barbara French reported that Chip Rice was unable to attend the meeting because he was in the hospital, but he had asked her, on his behalf, to thank the Conservation Commission and Board of Selectmen for approving the conservation easement on his and others’ properties.

 

Stephany Lavallee voiced an objection to minutes for meetings of the Capital Improvement Program Committee not being made available to the public via the Town’s web site. 
For reference, she quoted an RSA regarding public posting of minutes.

 

Ronald Lavallee stood and read the following statement, a copy of which he then gave to the Recording Secretary for inclusion in the minutes:

 

Letter to the Henniker Board of Selectmen

 

I attended the BOS meeting a few weeks ago at the Community Center to discuss the regulating of Class VI roads. After much discussion from the pro’s and con’s, the Selectmen had to make a decision. From my perspective, the special interest wagons circled to make the exchange quite heated. Selectman against Selectman, this is town governance in action. Ultimately, the Board could not agree on a solution, so they all voted unanimously to work on a solution in a separate work session. That work session was to produce a coherent Class VI road policy upon which all Selectmen would agree, and that would be presented to the Town and at the same time, would move Henniker into the 21^st Century.

 

At the last Selectmen’s meeting, apparently three of five Selectmen voted down the revised proposal they had all agreed to develop. Did the Board of Selectmen promise in public to provide the townspeople one thing, then arbitrarily change their minds? For me, the integrity of this Board has been compromised. How can the citizens of Henniker trust your future decisions concerning the best interests of Henniker’s citizens?

 

I did speak up at one of the Selectmen meetings reference the perceived “conflict of interests” affecting one of the Selectmen. He did recuse himself from the proceedings and discussions. Yet when it came down to the vote on the same issue, that Selectman voted down the proposal he had just worked on. Does this Board serve Special Interests in Henniker or does it serve the general populace?

 

Henniker citizens need to get involved in what is happening to Henniker.

 

Ron Lavallee

12/15/09

 

Leon Parker responded that, after many hours of discussion, the board could not come to an agreement on a policy that is best for the town, and the policy was not moved to a second reading.

 

Thomas Watman requested the right to respond.  He said many changes and compromises were made, and what they ended up with last Tuesday was approved, section by section, by each Selectman. He said they had told the public they would give it their best effort. Three Selectmen chose not to move it ahead.

 

Mr. Parker said the Board of Selectmen has a responsibility for action.  He said they had worked hard trying to come to an agreement and generate a policy that was acceptable. 
However, they did not come to an agreement, and therefore it died, but they will be reconsidering it at the next meeting.

 

Jennifer McCourt was recognized and pointed out that, of 148 people who own land in Henniker on Class VI roads, only a total of 12 were at the “infamous” meeting.  She said her work as an engineer calls for her to deal with policies and regulations all over New Hampshire. She chose to move to Henniker over 15 years ago because it had fewer regulations, and it was “neighbor helping neighbor.”  She said she believes that regulations are currently destroying that very fiber, and she would hate to see this policy go forward.  There are State and Federal regulations in existence already, and to have the Selectmen put a whole other layer on top of that seemed ridiculous to her.  She requested the Board act
in line with a small town spirit.

 

Wayne Patenaude was called on. He noted that discussion of the subject was well underway, and a lot of people had come to the meeting to give their views.  He pointed out that the item had been officially scheduled for the end of the agenda, and it might not be reviewed for perhaps another two hours. He said he thought justice would be served by allowing everyone who had come to the meeting to speak.

 

Mr. Parker said it was his understanding that Mr. Watman had withdrawn his request for discussion of the topic until another night.

 

Ann Rice asked to comment on Item 1, the signing ceremony for conservation easements.  She said the Rices are very excited about this.  The land has been in the Rice family for over 200 years, and this has been a dream of hers for a long time.  She thanked the Conservation Commission, the Town of Henniker and the Forest Society.

 

Mr. Parker suggested this would be a good point at which to segway to Item 1.

 

Appointments

 

Item 1:      Official Signing Ceremony for approved Conservation Easements
with Brian Hotz - Society for the Protection of New Hampshire Forests

 

Leon Parker noted that the three parcels should bring total conservation acreage in Henniker to 3,926 acres.  He did say that over half of that would be considered land managed by the U.S. Army Corps of Engineers, and he was not sure it would be fair to count that.  Regardless, with these latest acquisitions, and the Corps of Engineer acreage, he said Henniker is still at only 14 percent in conservation.  He offered some statistics about other towns in the area.

 

Denise Rico was recognized and stated that the Conservation Commission would like to thank, first of all, the landowners.  She said they would also like to thank Brian Hotz of the Forest Society for countless hours and his dedication.  Next, thanks to the Selectmen for approving the easements.  And finally, on behalf of the Commission, she thanked the people of Henniker.

 

Brian Hotz of the SPNHF (Society for the Prevention of NH Forests) thanked the landowners in town.  He said he believes these natural resources will be a real benefit to the Town of Henniker.  He hopes that people will make use of them and enjoy them.  He said the Conservation Commission and its Open Space Subcommittee had really brought the projects to fruition, beginning with efforts to reach out, educate and foster public awareness.

 

As Mr. Hotz was speaking, the Selectmen signed the papers.

 

 

Item 2:      Presentation of 2010 Capital Improvement Committee Document
by Joseph Damour, CIP Committee Chairman

 

Mr. Damour verified that the Selectmen had received copies of the committee’s report, and he invited them to make comments.  He noted that a comparison should also be done between the Town’s list of assets and items recommended by the Committee, to make sure that nothing is missing.

 

Thomas Watman MOVED that the Board of Selectmen accept the report from Capital Improvements Committee, with its appreciation and thanks to the Committee for all their hard work.  Rocky Bostrom SECONDED the motion, and it PASSED unanimously, 5-0.

 

Item 3:      Request for Status of Pasture Lane (at Lot No. 661) by Paul Mulcahey

 

Mr. Mulcahey stated that he was making an inquiry on behalf of a client, Mr. Mathis, who owns Lot 661 and currently resides in Georgia.  Mr. Mulcahey also acknowledged his own interest as a potential purchaser of the property.

 

Mr. Mulcahey had provided a written summary to the Selectmen (which also was made available in the public information packet for the meeting) that included background and proceedings regarding the status and extent of Pasture Lane in relation to Lot 661.

 

Apparently in question is whether Lot 661 might be eligible for a building permit, provided Pasture Lane (as a Class VI road) reaches its boundary.  If Pasture Lane does not extend to the property line in a state that is adequate enough to ensure a building permit, the current owner, Mr. Mathis, is asking the Town to consider if it would “lay out a Class VI road to Lot 661 across the Town of Henniker land [abutting Lot 660-XX]
in the road’s current location.”  Reportedly, a similar proposal was discussed between the Town and the property’s previous owner, Mr. Zeke DeNomme. 

 

At the meeting, Mr. Mulcahey employed visual aids, including maps and copies of survey reports.  He also gave a verbal summary of previous issues and exchanges.

 

The Selectmen asked questions and engaged in a discussion with Mr. Mulcahey for some time.

 

Mr. Parker said the Selectmen have the option of approving permits along Class VI roads.  He said it would seem that the information they would need to make a decision in this case would include:  a specific location of where the structure would be located, how far it would be from the road, and what would have to be done to improve the road.  He said he would be “at a loss” of what to tell Mr. Mathis or Mr. Mulcahey about the Selectmen making a decision at this point.

 

Mr. Parker also pointed out that, while the Selectmen have not adopted a limit on the length of a Class VI road, they must consider accessibility to the property by emergency equipment and personnel. 

 

He finished by saying that, unless someone had a different suggestion, he would advise Mr. Mathis or Mr. Mulcahey to bring back detailed plans of where they would like to build and how they would perhaps improve the road.

 

Mr. Mulcahey said he would bring that advice back to Mr. Mathis.  Mr. Mulcahey added that he himself would not be willing to go through such a process, but he said he appreciated the advice in any case.

 

Item 4:      Presentation of Certificate by Highway Superintendent John Margeson

 

Mr. Parker invited John Margeson to come forward. Mr. Margeson explained that Highway Department personnel are continually involved in training.  He introduced Scott Davison and said he wanted to acknowledge him in from of the Board of Selectmen and the public and congratulate him on achieving the senior step of the “Roads Scholar” training program that is significant in his career training and involves a long process.

 

Reporter and photographer Michael Pon took a photo of Mr. Margeson congratulating Mr. Davison and handing him a certificate.

 

Selectman Kris Blomback said, “Nice job, Scott.”

 

Selectman Parker asked how many hours are involved.

 

Mr. Margeson replied that achieving a master level in the program takes 100 hours.

 

Item 5:       Proposal for Non-Voting Student Seat on the Board of Selectmen
by New England College Student Toby Delamore

 

Toby Delamore said he had brought this request before the Board of Selectmen on behalf of the students at New England College, who want to become more involved.  He read from a written statement that he had submitted with his request to appear before the Board of Selectmen:

 

“On behalf of the Student Senate and the students of New England College,
I would like to propose to the Board of Selectmen the introduction of a non-voting student seat on the Selectmen Board. This proposal comes with the full support of the New England College Student Senate, which voted unanimously to put this request to the Board of Selectmen. We are proposing the introduction of this seat because we believe that New England College students are a large part of the Henniker Community and, as a student body, we wish to be aware of and perhaps contribute to the decisions made for the Town of Henniker. 

 

      “Currently there is no input or feedback from students on any town policies.  NEC students are affected by the policies put into place by the Selectmen, especially those living off campus in apartments.  So we believe that we should have input into the policies that can affect us.  We also believe a non-voting student seat is a great opportunity for the Town of Henniker and New England College to build on the relationship they have.

 

      “In closing, we believe that the students of New England College could help the Board of Selectmen to gauge the feeling towards policies from students and be a contributing factor to the decisions made for the Town of Henniker.”

 

Rocky Bostrom said that any student is welcome here in the audience at any time, and “We’d be more than happy to have you.”

 

Mr. Delamore said that he thought a seat would give more commitment, representation, and have more impact.

 

Leon Parker commented that he has been particularly pleased by cooperation between the Town and the College (mentioning cooperative activities involving Fire & Rescue, and Security), and to see him and other students attend meetings.  He said he was not sure this suggestion is the right way to go about it, but he is in favor of continuing collaboration between the College and the Town.  He thought perhaps a different designation might be more appropriate.
He said he has a reservation about an appointment to the Board.

 

Someone from the audience engaged Toby Delamore in conversation, mentioning the temporary status of students.

 

Mr. Delamore responded that four years is a long time, and policies made here affect students.  He said students would like to give back to Henniker, and help to make solid, good decisions that will improve things and help the town.

 

Thomas Watman said he wanted to commend Mr. Delamore and other students for their interest.  He said, however, that he has strong reservations about non-voting membership on any board.  He suggested that students could voice concerns under the public forum.  He also suggested that students would be welcome to apply for committee vacancies, provided they are registered voters.

 

Leon Parker suggested internships for reporting on board activities, to be at meetings and be a voice for students.

 

Ronald Taylor said he thinks that Selectmen consider very little that affects students. 
He suggested that the first step would be to find out what student problems are.  He said they would be welcome to participate in public forum.

 

Leon Parker MOVED that, rather than accepting a proposal to have a student have a non-voting seat on the Board of Selectmen, that the Board invite the students of New England College to designate someone to attend Selectmen’s meetings and be a voice for the students in the public forum portion of the meetings.  Kris Blomback SECONDED the motion, and it PASSED unanimously, 5-0.

 

Mr. Delamore thanked the Board of Selectmen.

 

Ronald Taylor MOVED to recess the Board of Selectmen meeting and enter into a meeting of the Sewer Commission. Leon Parker SECONDED the motion, and it PASSED unanimously, 5-0. 

 

Sewer Commissioners

 

Item 6:       Continued Discussion re: Shelley Wilson Billing

 

Peter Flynn pointed out that the Selectmen now had an updated version of the pertinent section of the ordinance for reference. 

 

Leon Parker invited Shelley Wilson to speak.  She said she thinks a review of the regulations, or an improved interpretation, is needed.

 

Mr. Parker said sewer fees are based on access, not usage, and it is an imperfect system until meters might be installed.

 

Mr. Parker then called on Ken Levesque, Superintendent of the Wastewater Treatment Plant.  Mr. Levesque said, “I think water meters are the answer, but I don’t think the town wants that right now.  My job is to support the ordinance and that’s what I try to do. 
The commissioners can make other decisions if they so choose, but I cannot.  My hands are tied.”

 

There was an exchange concerning determination of fees.

 

Thomas Watman said he thought the question is whether the Sewer Commissioners will grant exceptions if they think situations are unfair.

 

Kris Blomback and Ronald Taylor asked if there was a compromise reached in the case of AutoDesk.

 

Peter Flynn said it was a decision pertaining to that one case only, and it did not bring about a change in the ordinance.

 

Mr. Blomback asked Mrs. Wilson if there are employees or it’s just her.  She said it’s just her.

 

Ronald Taylor MOVED to deny the request for an abatement of sewer charges for Mrs. Wilson.  Thomas Watman SECONDED the motion.

 

Mr. Blomback asked how many dollars were involved.

 

Mrs. Wilson said it was $480 per year.

 

Mr. Watman remarked that he thought that was overcharging for what the use is.

 

Mr. Levesque asked how he should do his job in future.

 

Mr. Watman said to him, “Keep doing what you’re doing.  You followed the regulations.  It’s not your responsibility to judge inequities.”

 

Referring to the ordinance, Mr. Blomback asked about the definition of a fraction of the fee.

 

Mr. Blomback said he would argue that owner of a business is not an employee.

 

The Chairman called for a vote on the motion, and it was DEFEATED 3-2,
with Thomas Watman, Leon Parker and Kris Blomback voting against the motion, and Ronald Taylor and Rocky Bostrom voting in favor of it.

 

Thomas Watman MOVED to approve Mrs. Wilson’s request for an abatement of sewer charges from the most recent bill.  Kris Blomback SECONDED the motion, and it PASSED, 3-2.   Thomas Watman, Leon Parker and Kris Blomback voted in favor of the motion.  Ronald Taylor and Rocky Bostrom voted against it.

 

Item 7:      Request for Sewer Abatement for Mr. Jack Bopp

 

The Chairman invited Mr. Bopp to speak.  Mr. Bopp said he has been operating a small consulting business since 1986.  He moved the business to his home at some point and clients came to see him there.  There are two bathrooms in the house.  He did have two employees for most of the time (one full time and one part time). 

 

Mr. Bopp said that his business has been cut back quite severely this past year, and the primary operations of the business were suspended between mid-January to mid-April of 2009.  At present, he has no employees.  The employee who was part-time now works on a subcontracted basis, assisting him a few hours each month.  Because of the downturn in his business, he is requesting abatement of sewer fees for one of two units.

 

Mr. Parker asked if he was still in business and still had a subcontracted office assistant.

 

Mr. Bopp replied, “yes.”

 

Mr. Watman asked Mr. Levesque what process he followed in deciding if a rate should be changed.

 

Mr. Levesque replied that if a business is closed, the billing goes away.

 

Mr. Watman clarified that, unless the business owner could prove the business is closed, the rate would stay.

 

Mr. Levesque confirmed that.

 

Mr. Parker said he did not see the role of the Commissioners being to try to decide if somebody is working there part-time or full-time.

 

Mr. Bopp said the office assistant falls into a contractor category, except they come onto the premises a few hours each month.  He said he has no client foot traffic any more. 

 

Mr. Watman asked Mr. Bopp “If you had this contracted employee doing his or her work elsewhere, would you consider that you had a business operation in your home?”

 

Mr. Bopp replied, “Yeah, my business is open, it’s not closed, it’s not generating any income.”

 

Mr. Watman asked Mr. Levesque, “If someone has a business, but they don’t have a real office, is that a business?”

 

Mr. Levesque replied, “yes.”

 

Ronald Taylor MOVED not to approve an abatement for sewer service charges concerning Mr. Bopp’s property.  Rocky Bostrom SECONDED the motion, and the motion PASSED 4-1, with Thomas Watman voting against it.

 

Some Selectmen had questions about how the wastewater plant was financially supported.

 

Mr. Levesque said his budget is supported 90% by users, with the exception of the cost of the last upgrade.

 

Mr. Blomback asked if the cost of water meters would come out of the operating budget.

 

Mr. Parker and Mr. Taylor replied that water users would pay it for.

 

Leon Parker MOVED, and Rocky Bostrom SECONDED the motion, to adjourn the meeting of the Sewer Commissioners and reconvene the Board of Selectmen’s meeting, and the motion PASSED, 5-0.

 

Old Business

 

Item 8:      2010 Budget Discussion and Recommendations to the Budget Committee

 

Town Administrator Peter Flynn said he had been instructed by the Selectmen to reapportion $90,000 that had been cut from the budget.  He said he had called an emergency meeting last Friday that was attended by department heads and the Chair of the Athletic Program for Youth. At that meeting, Mr. Flynn explained the “budget crisis.”  Financial Director Russ Roy explained the lack of revenues from the State.  Then meeting attendees made suggestions for where the budget might be reduced.

 

Mr. Bostrom stated, “You guys did a great job and we really appreciate it.”

 

Mr. Flynn proceeded to go over proposed budget reductions, line by line, for the Selectmen.

 

He said the tax rate increase could be reduced from $1.75 to $1.43 if some capital improvement proposals for new vehicles were fulfilled on a “lease-purchase” basis, and he explained how that would be allocated in the budget.

 

Mr. Flynn suggested combining the budgets for the Parks and Properties Department and the Transfer Station. He said the savings in salary allocation would be substantial.  Additionally, he said the tree budget would be reduced.

 

Mr. Taylor asked Mr. Margeson for further explanation of the lease versus purchase costs for a new loader.  Mr. Margeson said the figures were being finalized and he expected to have them by the next day.

 

Mr. Parker advised caution in using up capital reserves.

 

Mr. Watman asked about the conservation fund and the budget for the Library.

 

Mr. Flynn replied that any further expenditures of conservation funds would have to be brought to voters through warrant articles that would change the original use of the original LUFT article from a previous year.

 

Mr. Flynn said the budgeting of funds for the Library that are supported by taxes could be adjusted by Selectmen, but the Library Trustees administer funds from private endowments and trust funds.

 

Mr. Flynn also mentioned proposed 7% employee contribution toward benefits.

 

Mr. Taylor said the Library budget had been “level-funded.”  He said that the Librarian is not technically a Town employee.  He suggested the Librarian should receive benefits and wages in line with Town employees by increasing the amount of the budget for the Library.

 

Mr. Flynn said that the Library Trustees would make that decision.

 

Mr. Flynn said he received information from the Library director stating the RSA’s and how they pertained to ‘authority’ in setting the budget for libraries.

 

Mr. Flynn also clarified a position that in Henniker’s case, the Selectmen are statutorily acting as the ‘legal budget committee’ and have the final say in making the recommendations at the Annual Town Meeting.  The Budget Advisory Committee in Henniker is only that: - “advisory”.  Any reference in the RSA’s to the Budget Committee would technically refer to the Selectmen in Henniker’s case.  The reason for Mr. Flynn’s explanation on that matter is that the Town of Henniker is not a “Municipal Budget Act” town.

 

The Chairman recommended that the Selectmen go through the budget reductions proposed by the Town Administrator, line by line, and they proceeded to do so. 
Mr. Parker then asked if all the Selectmen agreed with the proposed reductions, and
they indicated that they did.

 

Ronald Taylor MOVED to increase the budget for the Library by $4,200.  Thomas Watman SECONDED the motion.

 

Leon Parker said he was not in favor of this.  He said he would have to be convinced of the reason to increase this while amounts for other employees are being reduced.  He also stated that the Library Trustees should make the decision.

 

John Margeson was allowed to ask from the floor whether employees at the Library were covered by the same insurance plan as other employees, and Mr. Flynn responded that they are.

 

Mr. Taylor re-stated that the Library budget is “flat-lined,” including salaries.  He said salaries in other departments had not been flat-lined, and he thought that was unfair.

 

Thomas Watman asked Peter Flynn if the Library Trustees have objected to the proposed budget. 

 

Mr. Flynn stated that he has been in communication with the Director, Lynn Piotrowicz, who spoke to him on behalf of the Trustees.  They were not in agreement with the selectmen’s decision to level fund their budget.  In his discussions with the director, she felt that she “fully explained her budget in great detail and that the Library has taken every measure possible to prevent unnecessary expenses and also to cut costs through energy savings among other things.”

 

Mr. Parker asked about the original budget request for the Library and the amount that would be returned to it.

 

The Chair called for a vote on the motion and it WAS DEFEATED, 3-2. 
Leon Parker, Kris Blomback and Rocky Bostrom voted against the motion.  Thomas Watman and Ronald Taylor voted in favor of the motion.

 

There was further discussion about the best method of financing of new vehicles, and the Chairman took a poll of the Selectmen’s opinions.

 

Preferences for obtaining a new loader for the Highway Department:

Thomas Watman – lease

Ronald Taylor – purchase

Leon Parker – purchase

Kris Blomback – purchase

Rocky Bostrom – purchase

 

Preferences for a new Sport Utility Vehicle for the Police Department:

Thomas Watman – lease

Ronald Taylor – purchase

Leon Parker – purchase

Kris Blomback – purchase

Rocky Bostrom – purchase

 

Mr. Parker said, “So for now we put purchase into budget.”

 

Then he asked if everyone agreed with the reduction regarding health insurance.

 

Kris Blomback recommended re-deploying the 7% contribution back to the employees, with the Town continuing to pay 100% of the premiums.  If the employees then were offered a plan with a higher deductible, and advised to put the savings of not having to contribute 7% toward their deductibles, he estimated each employee would save an average about $800 per year.  He also estimated the total net savings for the Town would be around $60,000.

 

Thomas Watman suggested finding a better health plan. 

 

Also, Mr. Watman stated that he thinks a 5% salary increase in one year is too high. 
He suggested splitting the increase into two consecutive years.

 

Ronald Taylor said he disagrees with Mr. Watman, and the Town should keep the increase in order to stay commensurate with State employee compensation.

 

There followed a general discussion about Mr. Blomback’s proposal.

 

Chairman Parker polled the Board members about the proposal made by Kris Blomback.

            Thomas Watman voted to keep a 7% employee contribution

            Ronald Taylor voted to keep a 7% employee contribution

            Rocky Bostrom voted to keep a 7% employee contribution

            Leon Parker voted to keep a 7% employee contribution, “for the time being”

            Kris Blomback did not state his opinion.

 

The Chairman asked the Town Administrator to poll the employees about their preferences, and Mr. Flynn agreed to do that.

 

Leon Parker called for a vote on Mr. Blomback’s proposal, stating the 7% contribution would begin on April 1, 2010.  Four voted against the proposal.  Mr. Blomback did not vote.

 

Then discussion turned to Mr. Flynn’s proposal to combine the budgets for two departments.  After a few comments, the Chairman called for a vote. 

 

The Selectman APPROVED combining the budgets for the Solid Waste Department and the Parks and Properties Department by a unanimous vote of 5-0.

 

Then the Selectman considered Mr. Watman’s proposal to decrease the salary increase percentage for 2010.

 

Upon invitation from the Chairman, Mr. Watman once again made a case for increasing salaries in increments.

 

After a brief discussion, Mr. Watman chose to withdraw his proposal.

 

The Chairman suggested leaving the figures alone to present to the Budget Committee, and plan to attend the Budget Committee meeting prepared to address the issue, including an incremental increase.

 

Leon Parker MOVED that the budget, with changes as discussed, be prepared to go to the Budget Advisory Committee.  Rocky Bostrom SECONDED the motion and it PASSED, 5-0.

 

Item 9:      Review and Adopt Minutes of December 1, 2008

 

Ronald Taylor MOVED to accept the minutes of December 1, 2009 as submitted.  Thomas Watman SECONDED the motion and it PASSED, 5-0.

 

New Business

 

Item 10:    Award of Open Top Container Bid for the Transfer Station
                  Presented by Robert Pennock, Transfer Station Superintendent

 

Bob Pennock highlighted statements from a written summary he had prepared for the Selectmen to review.  He said the company he was recommending for the contract was the lowest bidder and had established a working relationship with the department over the last 4 to 5 years.

 

Thomas Watman MOVED to award the contract at the rates furnished, not to exceed the budgeted amount of $42,000, to Empire Recycling.  Ronald Taylor SECONDED the motion.

 

A brief period of questions and answers followed.

 

The Chairman called for a vote, and the motion PASSED, 5-0.

 

Item 11:            Town Administrator’s Report

 

Mr. Flynn went over the highlights of his written report to the Selectmen.

 

Item 12:    Selectmen’s Reports

 

Rocky Bostrom

 

Mr. Bostrom reported he had been unable to attend the most recent meeting of the Athletics Committee for Youth because their meeting was scheduled for the same evening as the Selectmen’s work session last Tuesday.

 

He said he supposed that the road management committee “is now on the road.”

 

Kris Blomback

 

Mr. Blomback said he had nothing to report concerning the Energy Committee and asked Mr. Flynn if he had anything to report.  Mr. Flynn said he had discovered the Committee had not yet submitted the grant application.  Mr. Blomback responded that he thinks they need bid specifications to include in the application.

 

Ronald Taylor

 

Mr. Taylor reported that the Planning Board is considering  proposing several changes in zoning for Town Meeting warrants.

 

Leon Parker

 

Mr. Parker said that the Planning Board also had discussed a pending appeal to a ZBA decision, and approved the application.  If the ZBA changes it’s decision, the approval may be affected  and have to be reviewed.

 

Thomas Watman

 

Mr. Watman did not offer a report.

 

Item 13:    Interim Procedures for Handling Requests to Significantly Modify
Class VI Roads – Effective 01/01/10 through 06/30/10 - Thomas Watman

 

**POSTPONED**

Adjourn

 

At 9:20 p.m. Rocky Bostrom MOVED to adjourn the meeting, Kris Blomback SECONDED the motion, and it PASSED unanimously, 5-0.

 

 

 

Meeting Minutes
Respectfully Submitted by

Recording Secretary Sheila Mitchell

 

Town of Henniker
Board of Selectman Meeting
Tuesday, November 3, 2009
Henniker Community Center

 

Members Present: Thomas Watman, Chairman; Ronald Taylor, Selectman; Leon Parker, Selectman; Rocky Bostrom, Selectman; Kris Blomback, Selectman
Town Administrator: Peter Flynn

Guests: Peter Fernandes, Martha Taylor, Tim Platt, Stephany Marchut Lavallee, Ron Lavallee, Jennifer McCourt, Martha Sunderland, Ann Rice, Chip Rice, Terry Stamps, Bob Stamps, Barbara French, Linda Fish-Brown, Gene Brown, Scott Dias, David Eilenburger, Beth Patenaude, Tom Patenaude, Rodney Patenaude, David Marshall, Joan O’Connor, Ruth Zax, Mark Mitch, Denise Rico, Joe Clement, Tim McComish, Paul Mulcaihey, Connie Rakowsky, Cheryl Morse, Shawn Richard, Kristin Claire, Jan Myskowski, Dana Myskowski and Dennis McComish

Recording Secretary: Cherry J. Palmisano
Other members of the public were present who did not put their names on the sign-in sheet or whose names were not legible to the Recording Secretary.
 

Chairman Tom Watman called the meeting to order at 6:15 p.m.
 

Consent Agenda
Ronald Taylor MOVED to accept the consent agenda. Leon Parker SECONDED the motion and it PASSED unanimously.

Old Business
Item 3: Non-resident request for approval to use Henniker Transfer Station
Mr. Peter Flynn said there was a request from the Hopkinton Board of Selectman to allow a Hopkinton resident, Mr. Bob Wells, to utilize the Henniker Transfer Station. Mr. Flynn said this is allowable in our by-laws and Henniker Selectman can take appropriate action. Tom said the Board has recently adopted a fee of $296.00 for non-residents to use the Transfer Station. Tom said the Board is in receipt of a statement from Peter Fernandes in opposition of this request being granted.
Mr. Peter Fernandes, Transfer Station Assistant Superintendent, informed the Board that this is a recurring problem from Hopkinton residents who reside in the area of the Henniker Transfer Station. The Hopkinton residents feel it is more convenient for them to use the facility. The Town of Henniker has hired a part time employee to stop non-residents from entering the facility. Mr. Fernandes said allowing non residents to use the facility is not a good deal for the town, they are trying to reduce tonnage, and this is a service provided for the Henniker residents. Hopkinton has a Transfer Station. Mr. Fernandes is concerned that if Mr. Wells is allowed access others will follow. He drove through the area in which Mr. Wells lives and saw that the majority of residents in the area utilize a private hauler. If these residents all want to access the Henniker transfer Station the town’s tipping fees will be rising. Ronald Taylor asked how this would affect residents of Warner. Mr. Fernandes said that is an agreement that was reached years ago, requested from the Town of Warner to the Town of Henniker to accommodate this group of citizens because of access to their own transfer station. Warner residents transfer fees will be revisited next year as fees increase. The Board discussed that all requests have to reapply each year. Tom said the requirement has been met as far as having the Hopkinton BOS submit a formal request to the Henniker BOS. Kris Blomback asked if the fee of $296 covers the tipping costs. Mr. Flynn said yes. There are no other Henniker residents utilizing other towns transfer stations.
Tom Watman MOVED that they grant the request from the Hopkinton Board of Selectman for Mr. Wells to use the Henniker Transfer Station. Kris Blomback SECONDED the motion. The motion was then opened for discussion.
Leon said he is bothered by the threat of the number of people who might want to do they same thing; he will probably vote against it. Tom said they should ask other towns if they are going to be having certain requirements for residents before making a request.
Rocky said he agreed they will be setting precedence by allowing non residents to use the transfer station; he will vote against it.
The motion PASSED 3-2. Kris Blomback, Ron Taylor and Tom Watman voted in favor of the motion. Leon Parker and Rocky Bostrom voted against it.
Item 1: PUBLIC HEARING – Second Reading – Policy Re: Modification of Class VI Roads
Leon Parker MOVED that the time set aside for this hearing be utilized by the Board to accept any suggestions members of the public wish to offer, but that the Board delay any further action on the ordinance dealing with making significant changes to Class VI roads until a revised draft document is prepared by the Selectmen, preferably within six weeks. Such documents should be made available for public review, by picking up copies at the town hall, for at least a week before the Board meeting where the first reading of the proposal is held. Ronald Taylor SECONDED the motion and it PASSED unanimously.
Leon asked to speak to his motion.
Tom said the part that says setting aside the hearing is fine, the part is also ok to delay further action, however what is not is setting up some alternative way of developing a proposal. Leon stated that he wants to speak in support of his motion and if he is not allowed to speak he will give his statement to the newspapers. Tom said the Chair is not trying to stop the motion.
Leon said he has been accused by the Chair of hiding reasoning’s behind his motions. Leon made a public statement that he has no land on a Class VI road, is not personally or financially involved, or has gravel operator friends. He is concerned that the policy that was proposed only focused on new developments and not the current Class VI roads that have some with residents on them. There has been a town ordinance since 1976 to deal with heavy hauling on Class VI roads. He supports hunting cabins and other activities. He is willing to allow year round residents to construct on Class VI roads as long as they follow standards for building permits. He is concerned with the safety of fire equip and personnel. Leon said he continues to be concerned with the development of this policy. He suggested that there should be detailed plans and an application to the Selectman. Prior to the last Selectman’s meeting he volunteered to put together a draft document, which he did not finish in time so it is not on the table at this time. He reviewed the Conservation Commission suggestions. He said the lawyer’s proposal states a 12 ft travel surface on Class VI roads, there are areas where the travel surfaces are wider than 12 ft, and it seems appropriate to him. Leon said part of the reason he made the motion is because he thinks they need to come together and make a document that deals with a lot of issues that are not dealt with appropriately.
Tom said the motion calls to set aside the hearing and use time of hearing to take suggestions from the public and that the Board delay any further action on Class VI roads until a revised draft document is prepared and made available. All were in favor.
Tom Watman MOVED that prior to opening the public hearing the Board tables any discussion of drafting the document until the close of both scheduled hearings. Ron Taylor SECONDED the motion and it PASSED unanimously.
Tom Watman opened the public hearing at 6:42 p.m.
Tom said there are divisions on the Board if anything should be done on the regulations of Class VI roads. He would not like to discuss any specific draft, people can discuss positive or negative discussed in any draft, no policy on how any major changes of how Class VI roads should be changed or acted upon. Class VI are roads the town cannot legally spend money on; state legislature placed the rules on the town. Tom said residents can comment on if they should develop regulations, but he would not like to have any specific comments about Old Warner Road, can refer to typical environment. Tom welcomed people to have any new opinions on what they feel the Board should consider over the next six weeks in developing answers to all the questions. Rules are subject to the Board. Leon said once they have the document the public hearing process would start over again. Tom said there are six documents, but nothing that is actionable by the BOS, they are on hold to find alternatives and come up with something they can get three votes on.
Martha Sunderland, has ½ mile of Class VI road on her property. Martha said the Conservation Commission has made suggestions. She thinks there should be exemptions for minor repairs on Class VI roads; like she had to replace gravel. There is a considerable amount of logging that goes on and they have to be considerate to logging. There are cases where roads are upgraded more than what is considered maintenance, major bridge crossing changes require permitting and should have more review. She thinks they need standards in the final document and need to be fair so it is equitable between different applications. They need to specify grading, safety and what can be done to stonewalls. Any kind of document needs assurance that it will be followed and needs to include bonding.
Tim Platt, Highland Drive, said based on his observations there has to be a basic standard adopted, public interest should be that standard, burden of proof should be on the applicant, should be in favor of status quo. The Board should consider current character of road, public uses, frequency and timing of use. Class VI roads are public assets owned by the town, not private roads.
Cheryl Morse, Freeman Colby Road, said she believes in the Boards wisdom to take more time before making a decision. She commented that in looking at the proposal from town council that he described what no significant changes would mean. Ms. Morse feels it is extremely important that you start the document on what no significant changes would mean, what the repercussions would be, consider who the enforcer would be and also consult with the town road agent.
Stephanie Lavalle, said the Conservation Commission is extremely qualified. She said the BOS has appointed the Conservation Commission to be the stewards of all the land in town and their suggestions should be taken seriously.
Ron Lavalle, Baker Road, asked the Selectmen to eliminate the vague wording “reasonably necessary or if directed.” He said the document needs to be specific and not leave any doubt and asked them to consider specific language. Mr. Lavalle said not to put up additional gates that everything needs to go through.
Jen McCourt, said they need to consider the fire lane width is 20 ft. If the road is being proposed to that standard there is a huge task in front of them because roads are being used for recreational uses by committees trying to get more trails through out the town on Class VI roads. Some of these roads may take significant development, funds aren’t there and it might not happen. She said more environment may be disturbed to get where they need to go. They need to determine specific standards and commented on town liability. She commented on public interest in huge trail systems and logging and accessing back lots without being crippled by costs for access.
Barbara French, Fairview Ave, said she cares deeply about the town and worked on the original master plan which has been updated several times. She said the community wants to maintain rural community and wildlife preservation as well as trails. Class VI roads are in outlining areas and the Board needs to keep in mind that the community wants to maintain its rural character.
Paul Mulcahey, local forester, said one thing to remember about Class VI roads is that they all lead somewhere, usually to private land and impact landowners. These roads impact about 200 landowners of various sizes; these roads all go through these properties, privately held lands by people who have invested in them. In the forestry business he has seen a switch from small logging operations to large mechanized operations that go through 100 acres in a very short time, and need substantial road building. Most of the older small outfits are out of business and work under the radar. The small Class VI road-logging operations are no longer a part of the landscape. He estimates that if they are going to regulate Class VI roads, all these people on Class VI roads need to be notified. He said most Class VI roads are impassable and significant changes will need to be done to drive heavy equipment down these roads. The Conservation Commission are well meaning people. Mr. Mulcahey feels the unattended consequence will be that someone who is financially impossible to meet these regulations will cut through other land and tear up other land. The system you have now works, most of what happens today is reasonable, would like to see evidence of unreasonable activity. He said this is private land owned by private citizens and feels people will have to be compensated who own the land on Class VI roads.
Nancy Foley, Craney Hill, walks, hikes and feels grateful for the roads to walk on. She hopes that the document they come up with will remember the people who like to walk and enjoy Henniker.
David Marshall, Ireland Road, Class VI road, thinks that one reason he lives there is because it is rural and peaceful and he would like it to stay that way. Most Class VI roads are in the underdeveloped areas of town and have been abandoned for a reason. He feels a strong Class VI road policy is important, the standards to support should be objective and transparent and the policy should be fair and strong. He said it is useful to have a public hearing so everyone knows what is happening. He thinks that public interest and key concern is what the road has been used for in recent memory. Hethinks that the existing character to the land abutting the road is crucial.
Tim McComish commented on hearing everyone saying they want to preserve the character, some of their families have held on to their land for years. He hinks it is important that they understand that the land belongs to private citizens, the roads were put there hundreds of years ago, so owners can utilize them. Can’t hold back to the past, feels they have been holding on and holding on, some people may need to sell some lumber and if they have to use money to pay for engineering, which could have been a minimal costs, feels this will encourage people to scalp their land. There has to be common sense on how it is dealt with, the highway department can make sure it is bonded and drainage is taken care of. Mr. McComish asked why complicate things any further. He encouraged research as to what the rules are in the other towns.
Dave Eilenberger, Craney Hill, told the Board he owns three lots on Class VI roads and feels this proposal will limit his access. He said he could have dumped gravel to fix the road, but this would make him pay a lot of money in engineering fees to maintain and get access to his property. He said he couldn’t afford to do the studies just to harvest the timber. The term ‘significant changes’ could mean something different to someone else, leaving things too wide open, and is an ambiguous statement. Mr. Eilenberger said it appears this proposal was to curb one specific purpose because of access to one specific person. This proposal will affect 200 parcels to curb one action from taking place. He said nobody seemed to care about this until one proposal was made and he thinks it should be left alone.
Leo Aucoin, said he does not feel the next door neighbor should dictate what can or cannot be done on a Class VI road. He commented that you can’t replace a culvert or take down a tree, because that would block rural character. He said if it were a development it would have to go to the Planning Board to engineer the road, but a private single home should not have to go through engineering. They need to stay in the guidelines that already exist and be able to repair roads and make them passable as needed.
Jan Myskowski, Village Green, thanked the Board for taking more time. Thinks they should rely heavily on town counsel, if town counsel does not have enough experience in Class VI roads, he encourages them to find counsel who is experienced. They should minimize impact on private landowners while protecting public interest.
Ann Rice, Rush Road, told the Board that there is a Class VI road that goes through their land. She sent her recommendations for the proposals to Peter Flynn in form of a letter and she hopes the Board will consider her recommendations.
Tom said they welcome written statements to the Board and will consider them.
Dennis McComish said that bringing some of these roads up to a better condition to travel will make these roads safer. It will give these roads better access for fire safety; as they are now they couldn’t get there.
Joan O’Connor said she agrees with the Board working with town counsel that specializes in the issue. She loves stonewalls and wants them preserved.
Tom declared public hearing number 1 to be closed.

Item 2:
PUBLIC HEARING – Second Reading – Ordinance Re: “No Parking” on Section of Newton Road
Mr. Flynn said several weeks ago an engineer came before the Board on behalf of a developer to build a mutli-housing development on Newtown Road. The proposal was to increase the width of the road to 20 feet. They had the support from fire and highway and then parking issues came up. This will eliminate parking near the Western Ave intersection. A meeting was held and highway safety made the recommendation to post no parking for first the 200 ft and property owners would be given 60 days notice.
A resident asked if the posting of no parking was for safety. Tom said the road is narrow, houses are close together and parking is an issue. There are existing problems and if the development gets through there will be extra trucks added to the problem.
Tom declared the public hearing closed.
Leon Parker MOVED to accept the proposal as written and waived the third meeting. Ron Taylor SECONDED the motion and it passed unanimously.
It was mentioned that the notice discussed the first 200 ft from the pavement edge and they would like to see it say on both sides of the road.
Ron Taylor MOVED to amend the motion to state “no parking for the first 200 ft on both sides of the road from the pavement edge of Western Avenue, and for the property owners to be given a 60 day notice upon adoption.” Rocky Bostrom SECONDED the motion and it PASSED unanimously.
Item 4: Review and adopt public and non-public minutes of October 20, 2009
Leon Parker MOVED to accept the minutes of October 20, 2009 as corrected. Tom Watman SECONDED the motion and it PASSED unanimously.
Leon Parker MOVED to approve the non-public minutes of October 20, 2009 and for them to remain sealed. Kris Blomback SECONDED the motion and it PASSED unanimously.
Tom asked what they should do after hearing all the suggestions for Class VI roads and postponed action for 5 weeks.
Tom Watman MOVED to establish a special committee made up of two Selectman, two Planning Board members, two Conservation Commission members and the Town Administrator. Ron Taylor SECONDED the motion. The motion was then opened for discussion.
Tom said he feels those are the three vested groups who have interest in the process. Kris said he recognizes there should be a committee formed, but not one member of that committee is a Class VI road user. Kris wants to make sure the committee has equal weighting. Leon said he is concerned with appearance to the public for undue leverage and feels it is the responsibility of the Selectman. Tom said having asked for all of the information from people, having six drafts and numerous comments that they need to broaden the group for discussion and bring something back to the Board. Tom wants to avoid forming a subcommittee based on individual names. Kris said what they have for now has worked for 200 years and feels they need to have input from all intended users. Tom said they are trying to come up with something to get the task carried through. Kris does not feel there is any proper conduit for people who are opposed to nominate someone to vote on their behalf. Rocky said what if they just state having a “forester” on the committee. Leon is not happy with the idea of restarting the whole committee process and feels the Selectman should be responsible or pay a lawyer, regardless of who is on the committee others will be mad they are not there.
Ron said the five member BOS should post a work session and discuss the issue and it will be open to the public but not accept public input. Tom said they would be gathering other people with different viewpoints to hash it out and then report back to the Board.
Leon said in asking for applicants, it would take months not weeks to establish. Leon is very strongly in favor of Kris’s remarks by stating that they need representation of those who are affected by Class VI roads. Tom said if they were to identify a forester then they have to find a forester. Tom has no objections to adding the two categories to the list to form the subcommittee. Kris said so they would have representation from the Planning Board, Selectmen, Forester and Conservation Commission, but they need to have representation for those who don’t want to have any changes. Kris said it is the other side of the table that he is struggling on putting on the committee and feels they do not need any regulations as it relates to Class VI roads, but in the name of moving things along he is willing to modify his concerns as long as any committee moving forward is true to what they want. Leon is strongly in favor of Kris’s thoughts.
Tom said they discussed they were not going to discuss Old Warner Road. Leon said the only reason he was in favor of putting regulations together is because of the position Tom is taking. Tom said they went to the lawyer to develop the regulations. Leon said no, they didn’t Tom did because of the one request that came before the Board, because Tom does not like the proposal. Tom said they can vote at any time to dismiss the idea of any regulation for Class VI roads and the issue will be dismissed.
Leon asked what motion is on the table now. Tom said it is for a make up of a subcommittee, but they don’t know how to get a fair balanced committee. Leon said they have input and it is time if they are going to have a regulation they should do so. Tom said he does not know how to get it resolved.
Tom said the motion goes back to having a subcommittee made up of two Selectman, two Planning Board members and two Conservation Commission members with a term to expire upon recommendation. Rocky asked how they will pick the two Selectman to be on the subcommittee. Tom said he will not volunteer to be on the subcommittee. Tom said they should ask for nominations.
Ron Taylor and Tom Watman voted in favor of creating the subcommittee. Leon Parker, Kris Blomback and Rocky Bostrom voted not in favor of creating the subcommittee. The Motion was defeated.
Rocky Bostrom MOVED to form a committee that is better rounded.
Kris asked what the last controversial issue in town was where they had to form a subcommittee, to form an ordinance, and what mechanism they used to build the committee. Tom said he cannot recall, because policies usually come from Town Administrator or Town Counsel. Leon said they already have more things added into this proposal than need to be in the proposal.
Ron said if Rocky does not have a proposal than the issue is dormant.
Leon said they told the public they would do something.
Rocky said they are talking about how they go about doing it and said the BOS should do it. Ron said to post a five member meeting as a work session with the public invited, but with no public input.
Leon said the Town Administrator has a variety of drafts and can bring together the issues where there is controversy. Leon said they have the lawyers draft, Planning Board suggestions and issues regarding allowing forestry. Leon said the lawyers draft does not allow a lot of what is already going on.
Ron Taylor MOVED that as Selectmen they handle the problem by way of having a five member posted work session with no public comment. Rocky Bostrom SECONDED the motion. The motion was then opened for discussion.
Kris asked what their expertise is to form this policy because he has no knowledge of Class VI roads. Ron said they have good comments from the Conservation Commission and the Planning Board, tonight’s comments from the public, lawyer’s comments, Leon’s draft and Jennifer’s proposal and he thinks they can come to an agreement. Tom said it is pretty obvious to him that some questions can be answered and an agreement met, but there needs to be standards and they are open for legal problems. Tom does not see how it is resolved, he would rather lose 4-1 now and kill it then to give the people a policy that is vacant of protections the lawyer said need to be in the policy.
Leon said standards are already established for what a Class VI road is and feels they don’t need lots of pages; they have a policy. Tom said they do not have procedures for handling requests because as of three weeks ago they were told anyone can do what they want on a Class VI road, which is what triggered this. Leon said they have Class VI roads that are blocked off and that is totally inappropriate. Tom would rather it be defeated and not have a garbage regulation. Tom cannot see himself supporting a compromise from general statements and then opening up the situation for challenges legally. The BOS promised they would have a new document that would be posted a week before the next public meeting. Leon said if they can’t come to a compromise or an agreement then it won’t happen. Tom said he does not want to get the town into legal trouble.
All Selectman were in favor of closing the discussion.
The motion PASSED. Ron Taylor, Rocky Bostrom and Kris Blomback voted in favor of holding a work session to develop a modification of the Class VI road policy. Tom Watman and Leon Parker voted not in favor.
Tom said he will not be at the work session; he is in favor of regulation or no regulation but not something that is not clear. Kris said they told the public they would do something.
Kris Blomback MOVED to schedule the work session at the end of this meeting. Ron Taylor SECONDED the motion, and it PASSED unanimously.

New Business

Item 5: Setting of time for second session of Town Meeting
Mr. Peter Flynn said there were comments from residents regarding the length of the meeting and he heard suggestions that the Selectman start the meeting in the morning rather than in the evening; he needs a decision tonight. Leon mentioned that they should send out a questionnaire. Peter said the questionnaire dealt with Wednesday evening vs. Saturday. Ron said he heard people would like the meeting in the morning. Tom said he heard both and feels they should alternate between Wednesday evenings and Saturday afternoons. Leon said keep it the way it is and have a survey at Town Meeting. Tom said the problem with that is that the people who the time is convenient for will be at the meeting. The second session of the Town Meeting will be held on a Saturday at 1:00. The issue will be brought up again in March.

Item 6: Town Administrators Report

1. Nothing new to report regarding the Western Ave sidewalk
2. Western Ave bridge, the crew is doing a survey and will be getting back with a cost
3. The Board should have something soon regarding the co-op solid waste agreement
4. The employee handbook was put on hold
5. The Department heads will wrap up annual goals at the next meeting
6. Safe routes for school will be having an open meeting
7. There is a situation regarding a business on Rte 114 that the Planning Board may have more leverage to handle than the police or the Board of Selectman
8. Soccer boards $4,200
9. CIP committee meeting tomorrow night
Kris asked Peter Flynn if they have an inventory of every piece of land that the town owns, Peter said yes. Kris asked what decision making process do they have to sell land. Peter said at town meeting the town chose to sell several available lots and to put money into the general fund to offset taxes. Kris asked if the Selectman have a spreadsheet of the land and go to all committees in town to inform them of the land and see if they have a need for the land. Peter said the end result is the Selectmen make the choices to sell the land. Tom said the town has to vote to give permission to sell the land; it is required to bring it to town meeting. Tom asked if it is legal to ask the public to hold it. Peter said the BOS decides to hold it not the public. Kris asked if the land they are holding and not selling is in the town report; Peter said yes. There were four lots in 2006 and a total of seventeen lots processed since and in 2009 there are five being held for conservation. Stonehenge Drive is the only one that is sellable.

Item 7: Selectmen’s Reports
The Board discussed a request from NEC to put yield sign at the bottom of Pearl Street.
Ronald Taylor MOVED to approve a yield sign to be put on the bottom of Pearl Street coming out of the woods. Leon Parker SECONDED the motion, and it PASSED unanimously.
Rocky said the Athletic Committee will be approaching the BOS for their full support in acquiring Army Corps land. They also want to hire a full time athletic director and their budget is up.
Rocky said that the Wage and Benefits Committee will be meeting soon.
Leon mentioned the Safe Routes to School Committee. Leon said the Central NH Planning Commission representative is working with Peter Flynn to put forth a request. Leon said the last Planning Board meeting did not have a very long agenda but spent considerable time debating the Class VI road policy.
Item 8: Possible request for non public session per RSA 91-A: 3, II (c) (d) and (e). Legal Matters.
There was no need for a non public session.
A resident would like to inquire about a driveway permit. He informed the BOS that he conducted a brief investigation as to who has the authority to grant driveway permits. Peter Flynn said according to the RSA the Planning Board has the authority. Tom said Peter will have to research the issue. The resident informed the BOS that a decision was made to give authority, but he does not think the person had the authority. He would like to have the permit retracted. Peter Flynn will research the issue and get back to the resident.
The Board of Selectman will hold a work session to discuss the Class VI road policy on Tuesday, November 10, 2009 at 5:00 at the Town Hall. The Board excused the Town Administrator from the work session. Kris asked that Peter Flynn furnish them with all town ordinances and state RSA’s that grant Selectman authority on Class VI roads as well as Jennifer’s proposal, the original proposal, the Rice’s letter, town counsel’s proposal and Leon’s version from Saturday.
Ronald Taylor MOVED to adjourn the meeting. Tom Watman SECONDED the motion, and it PASSED unanimously.

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   Minutes for October 31, 2009

Budget Work Session

Adopted Minutes
Henniker Board of Selectmen

Selectmen’s Budget Review
 

 

Present: Tom Watman, Leon Parker, Ron Taylor and Rocky Bostrom and Kris Blomback

Town Administrator Peter Flynn and various Chairmen and Department heads as scheduled.

8:30 am Meeting came to order.

Wastewater- Ken Levesque. Ken presented a budget request of $540,251, up by $9,645 over 2009.

He talked about increases line by line. Discussion re: the Enterprise Fund and how he may need to use this fund for work on Western Avenue, depending on the Highway Dept. projects next year.

It was noted that the WWTP operating budget is fully funded by user fees.

Police-Ryan Murdough – Total 2010 request: $1,099,805 up from 2009 $983,518 ($116,287 increase)

Chief Murdough explained his budget and pointed out the line items that were showing an increase this year.

One larger item was the health insurance increase (beyond the 16%) that was new because the former Chief did not require health insurance from the town but now that a new person is filling the patrolman opening he had to include the coverage.

Other items pointed out were: Prosecutor fee; (negotiating at this time-Ryan disagrees in doing a three year contract as requested); Heating increases due to new area in PD station. Procurement request to go with better quality tires; and the continuing purchase of a new Crown Victoria Cruiser. (Taken out of last years budget)

Several decreased were pointed out: Ammo, Officer Assessment, Electric, Film, Postage, Vehicle fuel, Blood testing and communications.

Discussion concerning cruiser purchase rotation took place.

Animal Control-Walter Crane – Walter reduced his budget from $28,224 in 2009 to a 2010 budget request of $26,940.

The board has no further budget questions other than general questions concerning the shelter and rabies issues.

Cemeteries-Barbara DellaRusso- Discussed increased cost of cemetery lawn care.
Pointed out that there are a total of 11 Town owned cemeteries of which 4 are maintained.

Requested Funding: $7,000 up $500.00 from 2009.

Town Clerk/Tax Collector- Kim Johnson

Clerk’s Office-Request of $64,639 increased from 2009 at $61,652 ($2,987 increase)

Kim explained that the only reason for her increase was an increase in payroll and benefits. The standard pay schedule is applied to the employees in her office.
Postage was reduced by $400.00.

Tax Collectors Budget- Requested $64,449 up $3,937 over 2009 also due to benefits and payroll (same as Town Clerks account)

Community Concerts-Tom Dunn

Tom Dunn presented a budget of $6,350 down from last year by $450.00

The Board asked how many concerts were included and Mr. Dunn said that they have not determined yet but it depends on the actual cost of each group.

Planning-Terry Stamps

Requesting $54,690 down by $565 from 2009.

Planning dues reduced and community profile funding eliminated.

Conservation – Martha Sunderland

Requested $4,500 – reduction of $45.00 from 2009

Reduction was in training.

Board asked about ‘pond’ quality of water and Martha mentioned that there were issues with Keyser Pond and French Pond.

Rocky asked about unused operating budget funds and Martha explained that the Conservation Budget is one of a few that are allowed to be carried over and kept in a special ‘conservation fund’. Rocky also discussed the amounts of money in the fund and the manner in which it is spent.

Zoning Board of Adjustment – Doreen Connor

Budget Requested: $8,037 same as 2009.

No questions from the Board

Emergency Management- Tia Hooper

Requesting $14,582 - $11,000 over last year’s appropriation

Discussion of new ‘Code Red’ program, which is a massive communication system. Tia mentioned that there might be a possible reimbursement if a national disaster is proclaimed. This service carries an annual $5,000 fee. Rocky asked if it was the same as the system the police use. The police have an entirely different system.

Rocky asked about the increase in the office supplies line item. Tia explained that she is doing more administrative work and requires more supplies.

Rocky also asked about ‘grant’ funding and Tia assured that every opportunity is being taken advantage of in this area of funding.

Election- Anne Gould

Requested $10,100 – increase of $3,070 from 2009.

Ann explained that there are three elections next year instead of one as was in 2009. Also, she asked for the additional $800.00 for ballot printing.

Tax Map – Peter Flynn

Requested $2,500 - no increase over 2009

Mr. Flynn explained the purpose was to update tax mapping as changes occur throughout the year.

Legal – Peter Flynn

Requested $20,000 no increase over 2009

No questions

Debt Service – Peter Flynn

Request $109,043 - This budget reduced by $50,943 from 2009

Mr. Flynn explained that that there was a debt payoff in 2009 that accounted for the large reduction.

Mr. Blomback asked for a more detailed report on the actual debt commitments.
Mr. Flynn assured him that he would have this information at the next meeting.

Municipal Dues- Peter Flynn

Requesting $3,290 (preliminary number awaiting actual from the LGC) For early budget purposes it is the same as 2009

No questions

The budget review ended at 10:40 am

Board had informal discussion regarding budget policies and the upcoming budget calendar.

Motion to Adjourn: Leon Parker, seconded by Ron Taylor.

Motion carried – 5-0

Adjourned at 11:10 am.


Submitted by:
Peter Flynn
Town Administrator

 

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Town of Henniker

Board of Selectmen

Tuesday – October 20, 2009

Adopted Meeting Minutes

 

 

Members Present:              Chairman Thomas Watman, Vice Chairman Leon Parker,
Selectmen Ronald Taylor, Kris, Blomback, and C. E. (Rocky) Bostrom

                                    Also, Town Administrator Peter Flynn.

 

 

Others Present:            Ryan Murdough, Jim O’Brien, Toby Delamore, Ron Lavallee,
Stephany Marchut Lavallee, Tim Hansen, Martha Taylor,
Ann & Chip Rice, Denise Rico, Joan O Connor, Shawn Richard,
Mark Mitch, Cheryl Morse, Bill Russell, Nancy Foley, Jennifer McCourt,
Rodney Patenaude, Thomas Patenaude, B. Patenaude, Holly Green,
Rich Conde, Joe Clement, Patricia Clement

 

                                    Other members of the public were present who did not put their names on
the sign-in sheet or whose names were not legible to the Recording Secretary.

 

 

Call to Order and Pledge of Allegiance

Chair Thomas Watman called the meeting to order at 6:17 p.m. and led the Pledge of Allegiance.

 

Consent Agenda

Leon Parker MOVED to accept the consent agenda, Rocky Bostrom SECONDED the motion, and it PASSED unanimously, 5-0.

 

Public Forum

The Chairman called on Denise Rico, a member of the Henniker Conservation Commission, who stood and read into the record a memorandum addressed to the Henniker Board of Selectmen from the Henniker Conservation Commission, dated October 20, 2009.

 

[A copy of the memo is attached to these minutes.]

 

Mr. Watman acknowledged the memorandum and said no action would be taken at least until the public hearing took place that same evening.

 

The Chair called on Toby Delamore, who introduced himself as a student from New Zealand, who was attending the meeting to observe parliamentary procedure.

 

Item 1.                  Public Hearing-Second Reading:  Angela Robinson Bandstand Rental Policy

 

Mr. Flynn explained that at the first reading some suggestions were made which have been incorporated.  Basically, the proposed rental policy for the Angela Robinson Bandstand follows the format of the rental policy for the Community Center and Grange, with removal of footnoted references to other ordinances, as recommended by Mr. Parker. 

 

Mr. Flynn said that the proposed rental fee for private party use of the bandstand would be $100.  The purpose of establishing a rental policy would be to protect against scheduling conflicts.  He’s seen the bandstand mostly used by private parties for weddings.

 

The Chairman called on Cheryl Morse.  Mrs. Morse asked how a fee of $100 had been chosen.  Mr. Flynn said that several other towns were charging a similar amount.

 

Mr. Flynn responded that the amount is secondary to ensuring against double booking and could be adjusted. 

 

Mrs. Morse said the fee is comparable to the charge for a church with a minister.  She thinks that most of the wedding parties who have used the bandstand in the past would not have had enough money for a $100 rental fee, and she asked that the Selectmen reconsider the amount.  But she agreed that a policy regarding rental of the space to private parties is necessary. 

 

Ron Lavallee was recognized by the Chairman and said the Town reportedly has waived a fee in the past if someone had a hardship.  He recommended leaving the proposed policy as it is and possibly waiving the fee if someone shows a need.

 

The Chairman then invited Selectmen to discuss the proposed policy. 

 

Mr. Watman MOVED to correct the policy wording to read “bandstand” instead of “gazebo” since it was donated as a bandstand.  Kris Blomback SECONDED the motion.

 

Leon Parker said he thinks it is way out of proportion to charge $100.

 

The Chairman made a point of order and said a vote on his proposed amendment was needed first.  He called for a vote on the motion to correct the policy wording to read “bandstand” instead of “gazebo,” and it PASSED with all in favor.

 

Mr. Parker said he thought the rental fee should be $10 instead of $100, and that should be enough to cover the potential cost of processing the form without having to provide Town services, such as heat or clean-up.

 

Leon Parker MOVED to charge a rental fee of $10 to private parties for use of the Angela Robinson Bandstand.  Thomas Watman SECONDED the motion.   The motion was then opened for discussion.

 

Mr. Watman said he thinks the issue of fee amount is secondary. 

 

Kris Blomback proposed charging $25 to be consistent with all other buildings. 

 

Mr. Parker responded that they are totally different kinds of facilities.  Others have systems that have to be supported. 

 

The Chairman called for a vote on the amendment to change the rental fee to $10 from $100.  The motion PASSED 3-2.  Rocky Bostrom, Leon Parker and Thomas Watman voted in favor of the motion.  Ronald Taylor and Kris Blomback voted against it. 

 

Kris Blomback inquired about a requirement that renters be at least 21 years of age. 

 

Mr. Flynn said, in his experience, 21 years is a responsible age.

 

Thomas Watman MOVED to waive a third reading and approve the proposed rental policy for the Angela Robinson Bandstand as amended.  Leon Parker SECONDED the motion, and it PASSED 4-1, with Ronald Taylor voting against it.

 

Item 2.      Public Hearing-Second Reading:  Personnel Policy Revision -
Recruitment Process

 

Mr. Flynn introduced the topic by stating there had been a discussion at a Selectmen’s meeting about a month ago.  At issue was vague policy wording regarding the recruitment process, specifically the part that mentioned recruitment “concurrent with public advertising.”

 

Two separate revisions had been proposed, one by Rocky Bostrom and one by Thomas Watman.  Both had been reviewed by Town counsel, who found both to be legal, and suggested that current language would be tolerable. 

 

Thomas Watman said he wanted to indicate that his proposal was put forth as an alternative, should the proposal by Selectmen Bostrom be defeated.  He said he would withdraw his if the other passed. 

 

Rocky Bostrom said he would like to move to revise the personnel policy to post vacancies
in-house for seven days, then if an internal interview is conducted and there is a recommendation for a candidate, to recommend the candidate to the Selectmen for approval. 

 

He said that, further, if a current employee were not available or not found to be qualified, then notice of a job opening would be posted in three locations and in one weekly or daily newspaper at least one time, in accordance with EEOC guidelines. 

 

He explained that he thought the current personnel policy was unclear and there was a policy in the Selectmen’s handbook that seemed to be different.  He said he would like to see one clear, decisive policy. 

 

The Chairman invited questions from members of the public and recognized Cheryl Morse.  Mrs. Morse said this seemed to her to be not just a clarification, but also a major change of policy,
in which employees are offered positions without advertisement. 

 

She said the Town is obligated to offer opportunity to employees, transparency to the taxpayers  and to represent the best interests of the community.  She cited the recent example of Police Chief recruitment.  She said she does not see concurrent advertising as a risk to current employees, but thinks an open process further honors them if they are selected. 

 

In conclusion, she said she would encourage Mr. Watman’s proposed recruitment policy to be adopted. 

 

The Chairman then called on Ron Lavallee.  He said in government these days it’s very important to be transparent.  He said the Police Chief is a fine example.  Why close it to the public for seven days?  He said he agrees with Cheryl Morse that its right for the town and the taxpayers to open it up simultaneously. 

 

The Chairman ended the opportunity for public comment and opened it up to comments from the Board of Selectmen.

 

Mr. Watman stated that he is opposed to Mr. Bostrom’s proposal.  He believes the current policy does not go against in-house candidates. 

 

He researched policies in ten other towns and he offered the town names and read some excerpts of their policies.  He said that eight of the ten towns had open recruitment.  One of two towns that did not have open recruitment had at-will employment. 

 

Mr. Watman said he also had contacted the Local Government Center as part of his research, and he had been told that it is not uncommon for employers with union contracts to post notices internally.  While it can be a boost to current employees, the larger the pool of applicants, he feels, the better the prospect of selecting the best candidate for the job.

 

Mr. Bostrom offered an example of a promotion from truck drivers to grader operator.  He said, whichever policy is adopted, he wants it to be clear, decisive and for the Town to have one policy.  He said he was aware of some confusion among employees. 

 

Mr. Parker said he thinks that the Police Department and Highway Department are the only departments that have a potential tradition of part-time employees becoming full-time.  It doesn’t apply to positions in Town Hall or to department heads, he said, “so what are we talking about?”

 

Mr. Watman said, if that is true, then it’s because policies have not been enforced.  He said the personnel policy that’s been in operation does not exclude any departments.  He went back to Rocky Bostrom’s example, and he said a better grader operator might be found from outside the department.  He recommended offering the best salaries and benefits so it’s possible to attract someone from outside who’s better qualified than someone inside. 

 

Mr. Parker said, “I challenge you to go through the process and prove that someone out there is better than someone you know.” 

 

Mr. Watman said he knows this is possible because he has 30 years of personal experience with personnel matters.

 

 

Leon Parker MOVED to accept Rocky Bostrom’s proposed policy change and waive a third reading.  Rocky Bostrom SECONDED the motion.   The motion was DEFEATED
3-2, with Thomas Watman, Ronald Taylor and Kris Blomback voting against, and Rocky Bostrom and Leon Parker voting in favor.

 

Thomas Watman MOVED to accept his revision regarding the personnel recruitment process, and Ronald Taylor SECONDED the motion.

 

Mr. Watman then read his proposed revision aloud:

 

Vacancies that occur for any position presently established or created by the Town shall be posted in-house at all departments, concurrent with public advertisement consisting of posting in at least three locations and placing an advertisement in at least one weekly or daily newspaper at least one time.

 

All vacancies and newly created positions shall be filled in accordance with Equal Employment Opportunity guidelines.

 

The Chairman then called for a vote on the motion and it PASSED unanimously, 5-0.

 

Item 3.                  Public Hearing-Second Reading:  Personnel Policy Addition - Computer Usage

 

Mr. Flynn said that Town counsel had pointed out that a policy for computer usage should be added to personnel policies.

 

Mr. Parker had suggested a wording change at a previous meeting.  Mr. Flynn had recommended an addition to a certain paragraph.  The attorney has reviewed the changes, approved them, and is recommending acceptance by the Board of Selectmen, Mr. Flynn reported.

 

The Chair invited comments or questions from the public, and called on Martha Taylor. 
Mrs. Taylor asked if computers owned by the Town could be made available for special projects, such as historical research for the registry of deeds?  As she read the proposed policy addition, she saw nothing that would make the computers available for such a purpose.  She asked if there is any reason that would not be possible or acceptable. 

 

Mr. Watman replied that he understood it would require some special exception by the Board of Selectmen. 

 

Mr. Flynn said the Historical Society has used the Town’s computers to conduct this type of research in the past, within the supervision of the Town Administrator’s office.  He said he saw no reason not to insert wording that would specify computers could be used for this purpose, with oversight by the Town Administrator.

 

Mr. Parker said he thought the kind of thing Mrs. Taylor was talking about would be a separate arrangement between the Town of Henniker and the Henniker Historical Society.  In that case, he said, the Selectmen would have opportunity to consider each situation on its own merits.

 

Leon Parker MOVED to accept the policy addition as written and waive a third reading.  Kris Blomback SECONDED the motion and it PASSED unanimously, 5-0.

 

Appointment

Item 4:      Class VI Road Policy Proposed by Mink Hills Land, LLC
Presented by Jennifer McCourt

The Chairman introduced this appointment and explained that there would be 10 minutes of uninterrupted time for Mrs. McCourt to make a presentation, and then comments from the public would be heard.  Then he turned the floor over to her.

 

Mrs. McCourt began by saying there were three policies being proposed for Class VI roads. 
She wondered, how does this all work? 

 

Mr. Watman said he was unaware that there were three proposals, only aware of two. 

 

He added that one proposal had been made by him two weeks ago.  Then the Selectmen decided to submit that proposal to the Town’s attorney.  Having received a re-draft of the proposal from the attorney, he now wished to introduce it as a substitute for his original proposal for a first reading, then a public hearing if the Board chose to accept it.

 

He said that the Board could consider her proposal and others at another time. 

 

Mrs. McCourt then asked why hers was put on the agenda as an appointment when others
(such as the statements by the Conservation Commission and the Rices) were not set that way.

 

Mr. Watman replied that the Conservation Commission decided to take its three minutes under public forum.

 

Mrs. McCourt said, “I wasn’t given that option.”

 

Mr. Flynn addressed her and said, “You had something to discuss and it was clear to me that you needed more than 3 minutes.”

 

 

 

Mr. Watman said that members of the public can ask that items be attached to the minutes. 

 

[The policy proposed by Mink Hills Land, LLC is attached to these minutes.] 

 

Then Mr. Watman offered Mrs. McCourt the opportunity to begin a 10-minute presentation and she accepted.

 

Mrs. McCourt said that what they tried to do was make the proposal so, if there was a “significant change” (words underlined in the proposed policy), they could take advice from other boards, such as the Planning Board for building permits, or the Conservation Commission for intent-to-cut permits and notifications of wetland impact. 

 

She read some excerpts from her written proposal, that included wording about safety concerns, environmental impact, seasonal use, or use for one project.  The policy says a petitioner may present proof if required but that might not be needed because it’s so obvious, she said.  If the Town Administrator decides, the request might be presented to the Conservation Commission or Planning Board.  The petitioner should be allowed time to provide information if issues come up. 

 

She said that what is being proposed is, if the Select Board decides they want to adopt a policy, these roads in town have been upgraded over time, and some come through the Select Board and some do not.  This gives more discretion to the Select Board to evaluate what’s happening and whether further study is needed or not.  Maybe it doesn’t have to go through a major process.

 

After about 5 minutes, Mrs. McCourt concluded her presentation and yielded the floor. 

 

Chairman Watman invited others to make comments right away, and he added that, unless the proposal were to be defeated this evening, there also would be a public hearing within the next few weeks.

 

The Chairman called on Paul Mulcahey, a local forester.  Mr. Mulcahey said he thought the policy for forestry didn’t fit into this very well.  He said there are over 8,000 acres out there accessed exclusively by Class VI roads, and he thought this proposal would make some of those lands financially inaccessible. 

 

He asked, “Is there a provision for notifying each person who owns property with a Class VI road on it of this proposed policy change?”  “What spurred this new action?”  “Can’t this be taken on a case by case as opposed to changing policy?”

 

Mr. Watman replied that Class VI roads have ramifications for all sorts of people in the community, and a policy change might open up areas that might not be advisable in terms of the Town’s zoning ordinances and regulations.   He said this gives Selectmen an opportunity to look at and grant permits.  He did not see how it made a difference to forestry, unless the plan is to build a “highway” or destroy wetlands. 

 

Mr. Parker asked, “Which proposal are you talking about?”

 

Mr. Watman said the purpose of this hearing is to note concerns and issues.  He said the new proposal is based upon the best legal advice as to what’s usable and defendable.  At the moment, there is no policy in Henniker. 

 

Cheryl Morse asked if the two policies being considered were the one being proposed by Jennifer McCourt and the one by Bart Mayer.

 

Mr. Watman said the Board is only going to be considering what is in front of it.

 

He and Mrs. Morse exchanged ideas for a short while.

 

Mrs. Morse asked about the possibility of bonding.

 

Mr. Taylor responded that bonding is done with developments.

 

Mr. Flynn added that it’s done with logging, with a consideration of potential for deterioration of the road.

 

Mr. Mulcahey asked if there would be another chance to comment.

 

Mr. Watman said there would be a public hearing in two weeks, if the Board accepts the proposal, and some modifications would be possible.  After that, it might be held over for another reading.

 

Mr. Watman asked Mrs. McCourt what the benefit of her proposal would be.

 

Mrs. McCourt said it would leave it as it was, it would benefit foresters, and any significant changes would have to go through the correct process.  She said it would give more discretion for the Selectmen to take it on a case-by-case basis, not put in a policy that will stop people from doing things as basic as putting in culverts.

 

Ronald Taylor asserted that the petitioner could keep asking for extensions, but the Selectmen would be held to a time limit of 20 to 21 working days. 

 

Mrs. McCourt suggested the proposal could be changed to go both ways, and make it so the  Board would have to approve extensions.

 

Mr. Taylor said that didn’t seem right, especially if neither party wanted to grant extensions.

 

Mrs. McCourt said it would be similar to the Planning Board, where it’s the applicants who must request an extension in writing.

 

Mr. Watman suggested that would be something that could be added if the Selectmen chose to do so.

 

Mr. Parker said either version would need to have same kind of thing; that is, address statutory requirements of time limits.

 

Mrs. McCourt said that part of problem is the applicant has to come to the Board with all of its permits in place.  Previously, the Board has approved changes before petitioners obtained state and federal permits.

 

Mr. Watman said, “That’s a good point, but that wasn’t in your proposal.”

 

Mrs. McCourt said the Board would have discretion, not necessarily stated.

 

Kris Blomback asked a question about the procedural process for the meeting.  He asked, if we are not considering this proposal, and not the earlier proposal, which the rebuttal responds to, shouldn’t we move on to Item 6?  That is, the policy proposal of two weeks ago.  They have come back with a response.  We’re now pulling back and putting forth a new policy.  Shouldn’t we kill this, and move on to Item 6?

 

Mr. Watman responded.

 

Mr. Blomback then asked, “So this is the sausage making component of ordinance…?”

 

He received affirmative responses from other Selectmen.

 

Mr. Mulcahey asked once again, “Will there be other times we can make proposals or suggestions?”

 

The Chairman told him he could offer comments now, or submit them in writing.

 

The Chairman then called on Nancy Foley, who said she was very glad the Selectmen are taking up the issue of Class VI roads, and added that there are so many in town, and there’s a question of developing or not developing.  She said she thinks forestry use is excellent purpose.

 

After the Chairman invited further comments from the Selectmen, and none were offered, he concluded the appointment.

 

Item 5.      First Reading:  Re-Draft by Town Attorney
of Policy Proposal dealing with Class VI Roads

 

Thomas Watman MOVED to substitute the proposal as re-drafted by the attorney for the one presented at the previous meeting, and to schedule a public hearing and second reading at next meeting of the Board of Selectmen.  Ronald Taylor SECONDED the motion. 

 

The Chair then invited discussion by Board members.

 

Leon Parker said he intended to vote against the motion because he found the proposed policy to have one purpose, anti-development, and noted that it does not deal with forestry use.  At the same time, he said he would not have a problem if the re-drafted policy were accepted because there would be opportunities to modify it.  However, he said that, at this point, he would rather see the policy proposed by Jennifer McCourt substituted for this one.  He would rather accept hers for a second reading and vote this one down. 

 

Mr. Parker noted that the re-drafted proposal did not mention the proposed widening of Old Warner Road.

 

Mr. Watman said the fact that the proposal does not mention a specific case is on purpose, and it would be against development on Class VI roads.

 

Mr. Parker remarked that there already is a Planning Board process for considering subdivisions that deals with most of the things that this policy would.  He said he thought the Board could get at the process much more simply with the other proposal.  He said he has seen problems with forestry practices, which are appropriate to regulate, but not in here.

 

Mr. Watman and Mr. Parker participated in an exchange of opinions for a while.

 

Mr. Parker then said, “I’m not opposed to regulation of Class VI roads, I just want reasonable regulation.”

 

Mr. Watman replied, “I would offer the Vice Chairman the opportunity of drafting his own proposal.”

 

Mr. Parker responded, “Fine, within the next few weeks, I’ll do that.”

 

The Chairman then called for a vote on the motion to substitute the proposal as re-drafted by the attorney for the one presented at the previous meeting, and to schedule a public hearing and second reading at the next meeting of the Board of Selectmen.  The motion was DEFEATED, 3-2: Rocky Bostrom, Leon Parker and Kris Blomback voted against the motion; Thomas Watman and Ronald Taylor voted in favor of it.

 

Rocky Bostrom MOVED to accept the policy regarding Class VI roads as proposed by Jennifer McCourt for a second reading and public hearing.  Leon Parker SECONDED the motion. 

 

Peter Flynn clarified that, although Mrs. McCourt had read some portions of the proposal aloud at this meeting, it would be accepted for a first formal reading, as opposed to a second reading.  The Chair confirmed this, and then called for a vote.

 

The motion PASSED, 3-2.  Rocky Bostrom, Leon Parker and Kris Blomback voted in favor of the motion, and Thomas Watman and Ron Taylor voted against it.

 

Thomas Watman said it should be possible to substitute this proposed policy for the policy that was proposed two weeks prior, and Mr. Parker added it could be moved forward to a second reading.  Rocky Bostrom said, “All right.  I move to substitute it and move to a second reading.  We just had a first reading.”

 

Cheryl Morse asked from the audience whether it was possible to have a second reading without first notifying the public of the first reading.

 

This was debated for a short time, then the Chair ruled that it should be able to go forward to a second reading, as the original proposal had done.

 

Rocky Bostrom MOVED to substitute Jennifer McCourt’s written proposal for the proposal made by Thomas Watman at a prior Selectmen’s meeting two weeks ago, to submit it to the Town’s attorney for review, and to move it to a second reading and public hearing.  Leon Parker SECONDED the motion.

 

Kris Blomback asked for voting clarification.

 

Thomas Watman said, “If you vote against it, we go back to ground zero, which is what I recommend.  … might as well give it to a committee.”

 

Leon Parker said, “I’m just looking at as a way to keep it rolling.”

 

The Chairman called for a vote on the motion and it PASSED 4-1, with Thomas Watman voting against.

 

Chair called for a brief recess just after 8:00 p.m., and he reconvened the meeting at 8:10 p.m.

 

Item 6.                  Further Discussion on Building Permit Request off Bowers Road

 

The Chairman called on Tim Hansen, who stated his name for the record and said he was at the meeting with Mr. Russell.  Mr. Hansen said that their attorney, Howard Keene, is asking the Board of Selectmen to postpone action until he has time to review the opinion of the Town’s attorney, Bart Mayer.  Mr. Hansen said also said he wanted to attach an item to the minutes:
a history of waivers approved by Henniker’s Board of Selectmen in the recent past, which he cited.  He asked that the same standards be applied to the application now under consideration

 

[ A copy of a waiver history submitted by Mr. Russell  is attached to these minutes. ]

 

Leon Parker MOVED to postpone any decisive action by the Board of Selectmen until its regular meeting on November 17, 2009, in order to allow time for Mr. Hansen’s attorney to review the legal opinion of the Town’s attorney concerning the application for a building permit.  Kris Blomback SECONDED the motion and it PASSED unanimously, 5-0.

 

Item 7.                  Review and Adopt Public and Non-Public Minutes of October 6, 2009

 

The Chairman re-ordered the agenda to review these minutes before the appointed time for the first public hearing at 6:30 p.m.

 

Public Minutes of Selectmen’s Meeting of October 6, 2009

 

Leon Parker MOVED to adopt the minutes of the public session of October 6, 2009
as submitted, Ronald Taylor SECONDED the motion, and it PASSED unanimously, 5-0.

 

Non-Public Minutes of Selectmen’s Meeting of October 6, 2009

 

The Chairman said that these minutes are sealed and any discussion would have to take place in a non-public session.  He then asked if anyone had any corrections to discuss, and none were offered.  The Chairman then called for a motion to adopt the minutes.

 

Leon Parker MOVED to adopt the minutes of the non-public session as submitted, Ronald Taylor SECONDED the motion, and it PASSED unanimously, 5-0.

 

Item 8.      First Reading:  Highway Safety Committee Recommendation
for ‘No Parking’ Ordinance on Newton Road

 

The Chairman re-ordered the agenda to consider this item before the appointed time for the first public hearing at 6:30 p.m.

 

Mr. Flynn said that since the widening of Newton Road was approved by the Selectmen, there was a concern that parking along a portion of the road would become a safety issue, so it had been brought to the Highway Safety Committee, and the Committee recommended a revision to the pertinent ordinance so that there will be no parking on the part of the road nearest its intersection with Western Avenue. 

 

He then read aloud the proposed ordinance revision.

 

It was confirmed that there would be 60 days’ notice upon adoption of the revision.

 

Mr. Parker clarified with Mr. Flynn that the public hearing notice would include a reference to the pertinent Town Ordinance, section and number.

 

Leon Parker MOVED that the Board of Selectmen accept the recommendation of the Highway Safety Committee for no parking on a portion of Newton Road, with certain specifications to be inserted in the wording in time for a second reading and public hearing.  Ronald Taylor SECONDED the motion and it PASSED unanimously, 5-0.

 

Item 9.                  Discussion of Tax Rate Projection

 

Item 9 on the agenda was considered immediately after Item 6.

 

Mr. Flynn presented the proposed tax rate projection.  He said that, last March, the Board of Selectmen had set some goals for a budget this year, and those goals appear to have been met, with variances in revenues having balanced out.  The proposed tax rate for next year would be a decrease of 2 cents. 

 

Mr. Flynn said he was supposed to meet with the Department of Revenue the day after their meeting, and he asked the Selectmen for the authority to set a tax rate projection.

 

Mr. Parker asked if it was certain that the State funds were going to be received by the Town.

 

Mr. Flynn replied that they would be, and that, while some revenue lines were lower than expected, others balanced that out by being higher. 

 

Mr. Watman clarified that the proposed tax rate would be subject to review and an audit for accuracy by the Department of Revenue Administration.

 

Leon Parker MOVED to accept the statement submitted by the Town Administrator to the Department of Revenue Administration, Rocky Bostrom SECONDED the motion, and it passed unanimously, 5-0.

 

Mr. Blomback asked why the valuation for schools did not include PSNH.

 

Mr. Flynn replied that legislation exempts it.

 

Mr. Blomback asked who is accountable for school budget overruns.

 

Mr. Flynn first asked to which time period Mr. Blomback was referring, and he explained that the school budget runs from July through June, while the Town budget runs from January to December.  Then he said that the School Superintendent reports to the School Board, both before the school budget is approved and during the time it is being spent.

 

Mr. Blomback asked, so the Board of Selectmen can only control the budget for the Town, they have no control over the school budget?

 

Mr. Flynn said that is correct.

 

Item 10.                  Budget Workshop Overview

 

Item 10 was addressed before the first public hearing of the evening. 

 

Selectmen’s work sessions to review next year’s proposed budget for the Town of Henniker have been scheduled for Saturday, October 21, and Saturday, November 14.  At these work sessions, departments, boards, commissions and committees will present their budget requests to the Board of Selectmen, and the Selectmen will have an opportunity to ask questions and gather information.

 

The public is welcome to attend and observe the sessions, but there will not be an opportunity at that time for public comment.  There will be no motions or actions by the Board of Selectmen to revise budget requests.  The purpose of the meetings is to obtain and clarify information.

 

The Chairman asked if any members of the Board had objections to the meeting dates and times, and no objections were expressed.

 

Item 11.                  Town Administrator’s Report

 

In addition to his written report, Mr. Flynn highlighted the following items.

 

Repair of the Western Avenue Culvert:  Winter weather now might be a factor.  Mr. Flynn mentioned several factors contributing to delays and recommended that the Town obtain a fixed price for repairs, regardless of potential delays. 
He believes work should be allowed to commence while the water table is down.  The entire project, including sidewalk, can be done at the same time, once the weather “breaks,” next spring and he recommended that be the way the project should proceed.  Mr. Flynn then fielded questions from the Selectmen regarding expenses, funding and timing.

 

Kris Blomback MOVED to authorize the Town Administrator to proceed with the revised plan as presented.  Thomas Watman SECONDED the motion and it PASSED unanimously, 5-0.

 

Junk Yards:  Mr. Flynn reported that the Town of Henniker has taken action on one of the yards.

 

Western Avenue Bridge:  The engineering firm is preparing an estimate.

 

Wastewater:   Mr. Flynn deferred to Ronald Taylor, who said they are still waiting for a final report from the vendor.

 

Solid Waste Disposal Committee Report:  This should be on the agenda for one of the next couple of Selectmen’s meetings.

 

Safe Routes to School:  A meeting was held on October 14.  Another meeting is planned for this coming Thursday to tour some critical areas where sidewalks need improvement.

 

Craney Hill Road :  In response to safety concerns about vehicle speed that were brought to the Board’s attention by Nancy Foley, the Police Department has made an effort to improve patrol and enforce the speed limit.  The Highway Safety Committee might also review the matter.

 

Capital Improvement Program Committee:  A meeting is scheduled for Thursday night.

 

Historical Sign Placement:  Mr. Flynn and Mr. Taylor reported that the wording of the sign for the community park has been reviewed, the sign is ready to be installed, the location has been staked out, and the Parks Department has been contacted.

 

Item 12.                  Selectmen’s Reports

 

Rocky Bostrom

 

Mr. Bostrom had nothing to report.

 

Kris Blomback

 

The Historic District Commission has applied to two foundations to fund refurbishment of the sounding board.  There is $1,500 left in hearse house budget.

 

Leon Parker

 

Regarding grant application for Safe Routes to School, Mr. Parker learned more about the program when he attended a meeting where a representative of the Central New Hampshire Regional Planning Commission outlined other aspects of the program which would generate community involvement and encourage children to do more walking to and from school.  He said he would support the Town Administrator in applying for more funding.

 

Mr. Parker said he had attended a meeting in Hillsborough about the state 10 year highway  improvement plan, which was sponsored by the Regional Planning Commission and attended by representatives of the state Department of Transportation.  He learned that New Hampshire has very serious road maintenance funding challenges.  On behalf of Henniker, he spoke about the Western Avenue bridge.

 

Ronald Taylor

 

Mr. Taylor had nothing to report.

 

Thomas Watman

 

Mr. Watman announced that the Henniker Conservation Commission will hold a public hearing at the Henniker Grange building on Wednesday, October 28, 2009, at 7 p.m. to consider the expenditure of up to $45,000 from the conservation fund for the purpose of acquiring an executory interest in conservation easements on the following three properties:  100+ acres of property consisting of Lots 123, 123-A and 123-B off Freeman Colby Road; 329+ acres of property consisting of Lot 72 off Rush Road; and 10+ acres of property consisting of Lots 117-B, 289-F and 289-B off French Pond Road and Dodge Hill Road.

 

At this time, Mr. Flynn read a memo handed to him by Chairman Watman, which read that he wished to notify the board of his resignation as CHAIR effective immediately.

 

All of the other members Board asked Mr. Watman to rescind his Chairman’s resignation and continue as Chair.  Mr. Watman obliged and remained as Chairman.

 

Item 13.                  Non-Public Session per RSA 91-A: 3, II (c), (d) and (e), Legal Matters

 

At 8:50 p.m., Leon Parker MOVED to go into non-public session according to RSA 91-A: 3, II (c), (d) and (e), legal matters.  Ronald Taylor SECONDED the motion, and it PASSED unanimously by a roll-call vote:  Rocky Bostrom-yes, Leon Parker-yes, Thomas Watman-yes, Ronald Taylor-yes, Kris Blomback-yes.

 

At 9:19 pm the Board came out of Non-Public Session.

 

Leon Parker moved to seal the minutes seconded by Rocky Bostrom.    All voted in the affirmative.  Mr. Watman-yes, Mr. Parker-yes, Mr. Taylor-yes, Mr. Blomback-yes and Mr. Bostrom-yes.

 

9:20 pm- Thomas Watman moved to adjourn seconded by Kris Blomback.  All voted in the affirmative 5-0

 

Adopted  Meeting Minutes

Respectfully Submitted by

Recording Secretary Sheila Mitchell

 

Henniker Board of Selectmen

Consent Agenda

October 20, 2009

 

1.                  Appointment of Jeffrey S. Connor to Azalea Parks/Trail Committee thru 9/1/2011

2.                  Building Permits issued through 10/20/2009

3.                  Grant Contract for Henniker Police Department, PSIC Grant Program funding

4.                  Intent to Cut

a.      Lot 72, 160 acres +/-, Rush and Old Warner Road, Harold L. Rice

b.      Lot 139C, 10 acres, Liberty Hill Road, Richard W. Rideout & Lisa Gorley

c.      Lot 349E, 15 acres, Western Ave., Nelson & Rachel Main Irevoc. Trust

5.                  License to Sell Pistols and Revolvers thru 10/20/2012, Mark Lindlsey, 20 College Hill Rd.

6.                  Nomination of Local health Officer, Jill Fournier, to State of NH, Division of Public Health Services

7.                  Planner Contract between Town of Henniker and Planning Consultant, Mark Fougere, Fougere Planning and Development, Inc. 11/1/2009-4/30/2010

8.                  Raffle Permit 50/50 raffles to be held at home basketball games until February 2010, to benefit Henniker Youth Athletics Fundraising

9.                  Warrant, Sewer Assessments $246,775.76 for service period 4/1-9/30/2009

10.              Withdrawal from Community Center Trust Fund up to $1,500 to purchase large-screen television and video games

11.              Worker’s Compensation Program 5% multiyear discount program agreement

 

 

 

Attachments to the Minutes

 

1.                  October 20, 2009 Memorandum from Henniker Conservation Commission to Henniker Board of Selectmen regarding Policy for Handling Requests to Modify Class VI Roads as drafted by Town Counsel

 

2.            Proposed Policy for Handling Requests to Modify Class 6 Roads by Mink Hills Land, LLC

 

3.            Waivers on Record approved by Selectmen in the Recent Past,
dated October 20, 2009, and Respectfully Submitted by William Russell

 

 

 

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Town of Henniker

Board of Selectmen

Tuesday – October 6, 2009

Approved Meeting Minutes

 

Members Present:  Chairman Thomas Watman, Vice Chairman Leon Parker,
Selectmen Ronald Taylor, Kris, Blomback, and C. E. (Rocky) Bostrom

 

Others Present: Peter Flynn, Martha Sunderland, Jennifer McCourt, Rodney Patenaude, Wayne Patenaude, Judith Englander, Thomas Patenaude,
Richard Patenaude, Lynn Piotrowicz, Tim Hansen, Ken Levesque,
Patti Osgood, Pete Fernandes, Denise Rico, Ann Rice, Chip Rice,
Ryan Murdough, Bill Russell, Mark Mitch, Barbara French,
Connie Rakowsky, Beth Allen, Shawn Richard, Joseph Damour,
Sheila Mitchell

 

Call to Order and Pledge of Allegiance

Chair Thomas Watman called the meeting to order at 6:12 p.m. and led everyone in reciting the Pledge of Allegiance.

 

Vote to Approve Consent Agenda

Leon Parker MOVED to accept the consent agenda, Rocky Bostrom SECONDED the motion, and it PASSED unanimously, 5-0. 

 

The Chairman announced several ‘consent’ items that had been approved, including Appointment of Jeffrey Summers as a full time police officer, award of Western Avenue Culvert bid to Hopkinton Forestry and Land Clearing, Resignations of Lia Houke from the Recycling Committee, resignation of Shannon Camara from the Athletic Committee, Chad Carter appointment Athletic Committee, Dawn Bedard appointed as a crossing Guard for the Henniker Police Department and an abatement for Roy Melcher.

 

Public Forum

The Chairman asked if anyone present would like to use the public forum to discuss Agenda Items 1 and 2. 

 

Rocky Bostrom MOVED to hold a discussion of these items under Chair’s Rules. 
Ronald Taylor SECONDED the motion, and it PASSED 4-0, with one abstention by
Kris Blomback.

 

Chairman Watman then called on Patti Osgood, the Chair of the Tucker Free Library Board of Trustees, who made a public announcement regarding acceptance and allocation of a donation.

 

Item 1.                  Proposed Resolution regarding Old Warner Road

 

At the start of the discussion, Mr. Blomback recused himself from participating as a Selectmen and took a seat with the public.

 

Thomas Watman introduced a resolution to stop any further action on changes being made to Old Warner Road by Henniker Crushed Stone until such time as a public hearing can be held and the Board of Selectmen can consider and potentially adopt a policy regarding review and approval of proposed changes to all Class VI roads, including Old Warner Road.

 

Thomas Watman MOVED that the Board of Selectmen adopt the Resolution.
Ronald Taylor SECONDED the motion.

 

The Chairman recognized Ann Rice, who stated that she and her husband reside in Concord and are the property owners of Lot 72.   Lot 72 covers over 300 acres that are under consideration for a conservation easement, and it abuts the road in question, on the other side of which are Lot 98 (which is owned by the Town of Henniker) and Lot 99, which is owned by Henniker Crushed Stone and is the proposed site of new excavation.

 

Mrs. Rice displayed two photographs that she explained were taken of Old Warner Road.  One photo showed a portion of the road in an as-yet-undeveloped state.  The other showed a portion of the road that has been developed recently by Henniker Crushed Stone on property that it owns. 

 

Mrs. Rice said the impact is clear from the photograph of the newly upgraded road that further development will far exceed the width of the old 1812 carriage road, and it will adversely affect historic stone walls and nearby wetlands, in addition to bisecting two parcels that are intended for conservation.  She reported that the Henniker Conservation Commission has identified this area as a significant wildlife habitat.  However, to her knowledge, the New Hampshire Department of Environmental Services has not been invited to review and assess the potential impact. 

 

Mrs. Rice said there should be no question that Old Warner Road is a Class VI road, and therefore the Board of Selectmen have the authority to regulate its excavation and disturbance. 

 

Thomas Watman stated, as the resolution’s author, that the resolution takes no particular stand on the proposed changes to Old Warner Road.  He said the reason for bringing forward a resolution is that there has been no specific detailed proposal presented by Henniker Crushed Stone to Henniker’s Board of Selectmen, Conservation Commission or Planning Board.  The intent of the resolution, he said, is not to allow any further development until there is a policy and procedure in place regarding Class VI roads in Henniker so that the Board and public can be informed of whatever the proposed changes to the road might involve.

 

The Chairman invited anyone opposed to the resolution to make a statement.

 

Jennifer McCourt, of McCourt Engineering Associates, raised her hand and was called on by the Chairman.  She said that she and Henniker Crushed Stone only found out by happenstance and at the last minute that this subject was to be considered at this meeting, and therefore did not have adequate time to prepare.  She said she objected to Mr. Watman stating that he is taking no stance because of wording in the resolution regarding “significant negative impact” to public access to conservation and recreational use.

 

She said that presentations have been made to the Selectmen and the Conservation Commission, and that she and Henniker Crushed Stone have not provided further details because they have been waiting for a legal opinion that the Selectmen said they would seek.

 

Mrs. McCourt said that her firm has been researching what can be done on this road.  As far as “significant negative impact,” she believes the road changes so far have been necessary. 

 

They have been trying to gain further information regarding potential environmental impact,
and tried to meet with the Conservation Commission to discuss it, but a meeting did not happen.  On her property, she has observed that wildlife seem to have no problem crossing a road and have even increased their crossings.

 

Regarding recreational use, recreational vehicles will use trails and should not be affected.

 

Mrs. McCourt said she had a problem with the wording of the resolution, as it seems to be directly aimed toward this project and not all Class VI roads in town.

 

Mr. Watman: “ I stand by the wording of the resolution.  As its author, I don’t know what is going to happen.  The road could be an impediment to conservation and plans for the future.  It is up to you people to indicate what it is you are planning to do.  You came to inform us, not to debate. “

”I make no case in the resolution.  I can’t make one until I know more about your request.  Until then, there ought not to be any further action.  We came across a letter from one of your lawyers, saying it was okay to proceed with the project.  We have taken measures to stop it.  This is because of your own behaviors.  Lots of assumptions were made.”

 

The Chairman then invited anyone present to speak in favor of the resolution.

 

He called on Denise Rico, a member of the Conservation Commission.  Mrs. Rico said the intent of Henniker Crushed Stone is to use this road to shuttle material from the excavation site, using dump trucks.  She said she thinks it would have a really large impact.  She urged the Board of Selectmen to approve the resolution.

 

Chairman Watman asked if anyone else would like to speak in opposition to the resolution.

 

He recognized Richard Patenaude, who asked for an opportunity to make a full presentation and review it with the Board of Selectmen before anything really happens.

 

Mr. Watman asked if he would like to have the timing of a public hearing moved further out.

 

Mr. Patenaude:  Yes.  We would like to have some time to prepare so we can talk about it at the next meeting.

 

Mr. Watman said he had only picked this date because he thought the interested parties wanted to move ahead.  He asked if Mr. Patenaude was suggesting there be a public hearing on whether this is a Class VI road and “to discuss what procedures, if any, should be adopted relative to requests to modify this or any other Class VI road in the Town of Henniker” [quoting from the resolution].

 

Mr. Patenaude said they had tried to have a dialogue with the Conservation Commission (and others) a several times, and it was not allowed.

 

Mr. Watman:  “You can certainly schedule a presentation, which you have done.  This is not a negotiation.  This is a Class VI road because lawyers say it is.  I don’t see reason for postponement. 

 

Kris Blomback spoke, after being recognized by the Chair.  “Why do we need a resolution if we already have authority to regulate?”

 

Mr. Watman: “ Because they came to us and said we don’t need your approval.  This project is in conflict with activities of both the Board of Selectmen and the Conservation Commission.”

 

Mr. Watman: “We’re not going to make a final decision.  But we’re not going to permit any further damage until further detailed plans are presented.  If the Board has a majority that thinks it’s a good idea, then we can approve.  When you came in and said this is a courtesy, I said don’t do it until you get an answer.”

 

Wayne Patenaude was recognized by the Chair and stood to speak:  He stated that they acted in good faith.
They hired an engineer to evaluate the road and use by the public.  They got a legal opinion as well.  The law says you have a right, go ahead and do it. He stated: “When we presented it to you, we didn’t seem to get any opposition, but then things changed.” 

 

“We’ve been here for 30 years now.  We’ve been looking for a place to expand.  Then we asked about a right of way.  We were told we didn’t need a zoning change.  We bought 650 acres of land and thought we were clear, that we had a right to do this.  We have $800,000 involved. 
We thought to expand the quarry and get out of the part of town where the types of houses have changed would be in everybody’s best interest”. 

 

“We looked into buying a right of way from the Rices.  They said they would sell us a right of way.  We offered the same price to put it across their land.  We did try to do everything.  As far as using Route 114 to do this, we came up with idea to use the right of way.  We didn’t own enough land at first.  Then we bought the Baker property and had enough land to use the right of way.”

 

Mr. Watman: “ I’m not disputing that.  I’m disputing public interest.  You have interests and the Rices have interests.  The Selectmen are charged with public interest.  It runs against some rules having to do with conservation.  What I’m saying is stop doing this before the damage is done”.

 

Mr. Patenaude:  “People in business can be conservationists.  We’re not all bad guys.  Using Route 114 would take twice as long, plus gaining access to the highway all day long could create safety issues.  It would be an uphill climb for loaded diesel trucks, and there is a noise factor. 
This seems better for everyone.”

 

Mr. Watman stated that the resolution does not say that Patenaude’s company cannot gain approval at a later time.  They don’t have an automatic right to go in and make changes.  Wanted them to hold off, the Board will set up rules, and everyone will know, including the Conservation Commission and Planning Board and there won’t be as many misunderstandings.

 

Mr. Patenaude:  “We read the lawyer’s opinion.  He said you have a right, go ahead.  He didn’t say anything about obtaining Town approval.  Now the tables are turned.”

 

Mr. Watman:   “I can sympathize with that.  We can find two lawyers to support two different opinions.”

 

Ron Taylor stated that the R.S.A. says that’s a legal road

 

Mr. Watman said that if this passes and you want to take it to court, that’s every American’s right.

 

Connie Rakowsky stood and asked to be recognized by the Chairman:  She said she lives off of Shaker Hill Road.  The last time this was considered, we got very short notice.  The Patenaudes did not advise you that anyone objected, until I opened my mouth.  I would like to read letter from Veronica Hardy into record. 

 

Mr. Taylor:  We have a copy.

 

Chairman Watman:   Give it to the Clerk and it will be attached to the minutes.

 

[Note: The Recording Secretary accepted for the record 7 photographs and a letter from
Roni Hardy, a Henniker resident.  A transcription of the entire letter is attached to these minutes.]

 

The Chairman then recognized Martha Sunderland, of the Henniker Conservation Commission who stated: 

“I want to clarify that when Jenn came to the Conservation Commission she was asking for its feedback on putting an alternate route through Lot 98, which is the Town-owned piece that runs alongside.  We declined to comment because they had no information if Old Warner Road was a Class VI road at that time, until a legal opinion could be sought from the Town.” 

 

“The arguments for using this seem like they should be made after there is a policy in place. 
The Town desperately needs a policy.  There is confusion.  This is a repeated issue.  I encourage the Board to pass the resolution and work on a policy that clarifies what‘s required before you upgrade a Class VI road for whatever purpose.”

 

The Chairman called on Henniker resident and State Representative Barbara French who stated that she felt that the cart is being placed before the horse.   
According to her she felt that the DES might like to look at it because we have a major brook and wetlands in there.

 

The Chair gave another opportunity to speak in opposition, and he recognized Jennifer McCourt who stated:  

“When we were here in June, we were asked to wait for a legal opinion.  We waited for the opinion and did nothing.  The opinion came in and, as a courtesy, we waited until it could be reviewed at a meeting.  We were waiting, as requested by Town.  Other Class VI roads have been upgraded with no policy in place.  We know wetland permits would have to be granted.  They haven’t been applied for and no work has been done to prepare for applications because we were waiting.”

 

Chairman Watman invited members of the public to make further comments or ask questions.  When there was no response, he closed the public forum at 6:55 p.m. and invited the Selectmen to comment or ask questions.

 

Leon Parker: “ I’m going to either vote against or provide an amendment.  Will the Chair allow
an amendment?”

 

Chairman Watman indicated that he would.

 

Leon Parker MOVED that the section of the resolution from Line 10 through Line 24
be deleted, and Rocky Bostrom SECONDED the motion.

 

Mr. Parker said he thought it was disingenuous of Mrs. Rice to hold up a photograph that shows the road will be widened to 60 feet, as it has been on the other part of the road.  He said the only road in the area of concern is a 2-rod road.

 

He also said that everyone recognizes that D.E.S. permits would have to be obtained. 

 

What’s more, Mr. Parker said he had a problem with the “furthermore paragraph” of the resolution, and he read it aloud. 

 

He suggested that the Conservation Commission negotiate with the property owners, the Patenaudes and the Rices, to have small parking lots for people who would like to enjoy the land for conservation purposes. 

 

Mr. Parker said he had a problem with the assertion that hundreds of acres will be spoiled. 
He said Old Warner Road is recognized as a Class VI road and we have a responsibility to see that only improvements are made.

 

The Chairman asked if there was anything further to discuss regarding the amendment, and said, “which is to delete Lines 10 through 24, correct?”

 

Mr. Parker replied, “Yes.”

 

Mr. Watman said he doesn’t think there will necessarily be a disaster but there is a potential for one.   He does not want to go on record as being opposed to the changes.

 

Mr. Parker said he thought this was a very judgmental resolution, as written, and he had a problem with it.

 

Ron Taylor said some protection was needed.

 

Mr. Parker:  Leave the first and last part in there.  Then tell us what we’re going to do.

 

Chairman Watman stated that the Selectmen were going to vote on an amendment to the resolution to delete Lines 10 through 24.  He asked if there was any further discussion.  Hearing none, he called for a vote.

 

The Amendment to the Motion PASSED 4 - 0. 

 

Mr. Watman asked if there was any further discussion by the Selectmen on the motion as amended.

 

Mr. Parker asked if there would still be a public hearing on October 15 regarding policy and procedure relative to requests to modify Class VI roads.  “Will there be enough time?” he asked.

 

Mr. Watman responded that it would not be relevant if Agenda Item 2 were to fail by a vote of the Selectmen.  He said any policy change would require a public hearing.

 

Mr. Parker expressed doubt that the Selectmen would be ready to hold a public hearing on policy by October 15, and he suggested that any proposal regarding Old Warner Road be heard without waiting to decide the question of policy.

 

He added that he would hope that a policy would require the Selectmen to review and approve only requests for significant changes on Class VI roads.

 

Mr. Watman:  “I’d be opposed to this particular party being able to bring a proposal forward before deciding the issue of policy.” 

 

Mr. Parker replied that the Board of Selectmen would have an opportunity to take issue with anything in the proposal by its authority to review major changes.

 

Ronald Taylor MOVED to remove from the Resolution Lines 29-32 regarding scheduling of a public hearing on October 15.  Thomas Watman seconded the motion.

 

The Chair asked if Selectmen had any further discussion.  Being none, he called for a vote on the amended motion.

 

The Amended Motion to approve the Resolution, absent Lines 10 through 24 and Lines 29 through 32, PASSED by a vote of 4 - 0.  Kris Blomback abstained from voting.

 

Item 2.   First Reading:  Proposed Policy for Handling Requests to Modify Class VI Roads

 

Thomas Watman MOVED to adopt the proposed policy.  Ronald Taylor SECONDED the motion.

 

Thomas Watman introduced the proposed policy and said he had consulted legal references to determine what types of significant changes could or could not be made.  He then invited discussion.

 

Leon Parker asked what constituted a significant change.  He felt that it looked like it has potential of getting us involved in a lot of stuff that just isn’t necessary and there should be a better definition of what would cause someone to come to us. 

 

Peter Flynn said significant changes would include drainage and widening of a road.

 

Mr. Watman added that leveling a road would be a significant change that is covered by State law.  He offered to come up with a definition for “significant” and he offered some illustrative examples.

 

Rocky Bostrom stated that he is certainly not ready to vote on this tonight.

 

Mr. Watman:  If you vote for it, it will carry over to a second reading and public discussion. 
Unless waived, it could go to a third reading, and possibly further.

 

Mr. Parker:  I would like the Town Administrator to do a better job of describing at what point someone has to come to us.

 

Mr. Watman: Unless someone has an objection, I would assume the Town Administrator could come up with a revised draft to be reviewed by the Board.

 

Mr. Bostrom: Is the public going to speak on this?

 

Mr. Watman:  They will have an opportunity to speak later.

 

Rocky Bostrom MOVED to have the public speak on this immediately.  There was NO SECOND to the motion.

 

Mr. Parker explained that he did not second the motion because the proposed policy will be revised before the public has an opportunity to speak.

 

The Chairman asked if there was further discussion and there was not.  He called for a motion and vote.

 

Leon Parker MOVED and Ronald Taylor SECONDED the motion to approve the proposed policy for a second reading.  The motion PASSED with 4 voting in favor and 1, Kris Blomback, opposed.

 

Item 3.                    Wastewater Treatment Plant Goals and Objectives

Presented by Plant Superintendent Kenneth Levesque

 

Town Administrator Peter Flynn went over the goals established for 2008-2009.

 

Ronald Taylor asked to pose a question to Wastewater Superintendent Kenneth Levesque. 
Mr. Taylor asked if inspections of 16 grease traps at 12 locations had been completed.

 

Ken Levesque explained that the policy recently was changed, and it needs to be approved by the N.H. Department of Environmental Services before he can do anything with it.

 

Thomas Watman:  “What happens after that?”

 

Mr. Levesque:   “After that, there will be a notice sent to all grease trap owners notifying them about the State inspection and giving them an opportunity to schedule a date and time.”

 

Mr. Flynn deferred to Mr. Levesque to go over wastewater treatment objectives for 2009-2010.

 

Regarding the first goal, Mr. Levesque explained the need to replace the plant generator. He said the equipment is almost 34 years old, requires increasing expenditures for service calls, and it can no longer be relied upon.  While it did okay in general during the ice storm in December,
it initially did not start.  Mr. Levesque said it is very important that the plant continue to run in an event of power failure like the ice storm, so wastewater regulations are still met. 

 

Mr. Levesque said he would like to replace the generator with something cleaner, probably propane fired.  The current one is fueled from a diesel tank that is stored above ground in a secondary container.  

 

In his written goals and in response to questions, Mr. Levesque said the search for a new generator will involve development of bid specifications and a bidding process.  In response to a question from Rocky Bostrom, he said it’s difficult to closely reckon cost at this stage, but he estimates a new generator will probably cost between $65,000 and $100,000.

 

Mr. Levesque then went over the second goal (renewing the Federal NPDES discharge permit) and third goal (implementing a web-based software application to streamline reporting to Federal agencies) without questions or comments from the Selectmen.

 

Regarding the fourth goal for 2000-2010, the Capacity, Management, Operation and Maintenance program relative to the NPDES permit renewal, there was some discussion. 
Mr. Levesque said the CMOM program can be tailored to fit various components, such as size of town, quantity of wastewater flow, et cetera.

 

Kris Blomback: What’s the capacity?

 

Mr. Levesque stated that the CMOM program is the capacity of the collection program, which should be the same as the treatment plant.

 

Ken Levesque to Rocky Bostrom:  “You asked cost of a plant generator.  It will be financed through the plant enterprise fund, and needs to be approved.”

 

Ronald Taylor asked if it were part of the budget.

 

Mr. Levesque:  “Not as part of the budget process.  The Sewer Commissioners and Selectmen need to approve it.”

 

Mr. Levesque was then excused with thanks from the Chairman and apologies for having to wait.

 

Item 4.      Format Recommendations for Capital Improvement Program Committee
Presented by CIP Committee Chairman Joseph Damour

 

Joseph Damour summarized what the Committee has done so far.  It met for the first time and had a general discussion of its purpose.  It was agreed that the Committee might have overstepped its bounds in the past.  They nominated him to come up with new rules, and he had prepared an outline for the Selectmen to review. 

 

Mr. Damour said the CIP Committee will meet with department heads and submit items with costs projected to up to 20 years.  There will be a listing of every capital item.  The Committee will not change lists submitted by department heads because they think the Selectmen need to see what each department sees as a priority.  The Committee might make its own separate priority list.

 

Mr. Damour requested the Selectmen give the Committee a charge.

 

There were questions from Selectmen and discussion of what constitutes a capital item and whether highways and roads should be considered capital improvements.

 

Thomas Watman asked if the accounting system has a definition.

 

Leon Parker said that some towns have taken position that capital items are worth at least $100,000.

 

Mr. Watman and Mr. Damour agreed that longevity of an item is a determining factor. 

Mr. Damour suggested that longevity should be more than a year.

 

Kris Blomback: Are you using a depreciation schedule?

 

Mr. Damour said he understands the finance department is starting to do that.

 

Mr. Blomback:  Some would argue that road construction is capital but road repaving is not capital.

 

Mr. Damour: It’s important to be consistent.

 

Mr. Watman: As long as everyone knows what it is.

 

Mr. Damour: I think it should be the Board of Selectmen’s decision to define it.

 

Mr. Watman requested the Town Administrator to ask the Finance Director if there are any definitions in the accounting system he uses.

 

Mr. Watman said to Mr. Damour that he appreciated his suggestions and likes there being another level.

 

Mr. Damour: The good thing about this is the Committee only has to focus on one year.

 

Mr. Blomback: If items get cut, do they get pushed to the next year?

 

Mr. Damour: I would assume it would go to the next year

 

Mr. Watman: That would be up to the department head to propose.

 

Mr. Damour: In theory, the list gets regenerated every year, with adjustments because of things that have happened.

 

Mr. Watman: What would you like from us?

 

Peter Flynn: Mostly information.

 

Rocky Bostrom: Good work, Joe.

 

Thomas Watman: That’s unanimous, Joe.  You or Peter will get back to us at some point?

 

Mr. Damour:  Yes.  I assume you want to have a policy.

 

Item 5.                  Public and Non-Public Minutes of September 15, 2009

 

A.        Public Session of September 15, 2009

 

The Chairman called for any comments or corrections and none were offered.

 

Kris Blomback MOVED to approve the minutes of the public session of September 15th
as presented, Thomas Watman SECONDED the motion, and it PASSED 4 - 0.  Ronald Taylor was not present for the vote.

 

B.         Non-Public Session of September 15, 2009

 

The Chairman noted that these minutes had been sealed.  He asked if anyone had anything to discuss, and said discussion would need to be held until the non-public session scheduled for the end of the meeting. 

 

After he said he would accept a motion to approve the minutes if no one had anything to discuss, and there was no response, Thomas Watman MOVED to approve the minutes of the non-public session of September 15^th as presented, Rocky Bostrom SECONDED the motion, and it PASSED 4 - 0.   Ronald Taylor was not present at the time.

 

The Chairman called a brief recess at 7:45 p.m., and he reconvened the meeting at 7:52 p.m.

 

Item 6.      Further Discussion of Building Permit Application on
Property Accessible by Private Road near Bowers Road Extension

 

Peter Flynn introduced the subject and said it had come to the Board of Selectmen after there was a building permit request for a home. 

 

One question is what if the Board denies the permit based on the private road not being suitable, with limited access for emergency equipment.  Town Counsel has said that the Selectmen have the option of denying the permit for that reason.

 

The other question was liability in case emergency responders did not make attempt to reach home even though an agreement is signed to waive liability.  Town counsel said the responders would have to make every attempt to reach the home in spite of any agreement, and in case it was not accessible, liability would be limited.

 

There is a driveway going off a Class VI road (about 100 yards long), then private access. 
It’s no longer Bowers Road where the Class VI road ends.

 

Leon Parker:  It’s shown on the town maps.  Whether or not they could use what’s shown on maps, as Bowers Road is a question.  It was abandoned from public use before the Class VI designation started to be used.  A pathway is there.  It goes back to Lot 743.  The owner of
Lot 741 has apparently blocked it off so there is no access for the remainder of the path to the edge of his property.

 

Mr. Flynn: The issue was, could the landowner have the right to access his land? And the court case focused on that issue.  My understanding is that Bowers Road ends at the end of the Class VI road.  So that’s my report.

 

Thomas Watman:  This comes to us from the Planning Board?

 

Mr. Flynn: Indirectly, yes.  The building permit came directly to the Selectmen.  There is an R.S.A. that the Planning Board must review any permit on a private road.  That’s how it came before the Planning Board.  They had no problem with sending it along for a permit.

 

Mr. Parker: But they made a recommendation for a waiver.

 

Mr. Watman: So the Planning Board doesn’t have a problem as long as legal advice is carried out?

 

Mr. Parker: I’m not sure their response is as strong as that.  If we allow it, …

 

Mr. Flynn:  “The planning consultant (I believe at the direction of the Planning Board) obtained information from Town Counsel, who said they should sign a waiver form.”

 

Mr. Parker: Not only sign it, but record it.

 

The Chairman then allowed a member of the public to speak since there was no motion pending.

 

Tim Hansen and Mr. Russell were in the audience, who are party to the court case.

 

Mr. Hansen:  “In 2002, when I first purchase lot 741, I was made aware that Henniker did issue permits on Class VI roads if you signed a waiver.  I got a driveway permit and a wetlands permit, only to find out, after efforts and money, to find out that road wasn’t a Class VI road.  So I went to court to find out if I had access to it.  That was in 2002.  In 2008, a judgment was made. 
I obtained access.  I re-filed for a wetlands permit, went through proper channels, the Selectmen saw it, and I obtained another driveway permit.  That was last November, and last winter,
we selectively cut the property, and I told the same story to Mr. Russell as I’m telling to you, and Mr. Russell purchased the property.”

 

In some towns, right in the ordinance, not on application forms, they don’t allow building on Class VI roads.  From 2002 to today, no changes have been made in Henniker’s ordinances. 
I know of 2, possibly 3, permits issued on Class VI roads.

 

Is Bowers Rd a Class 6 road or not?  It’s not.

 

By common law, when the road becomes discontinued, the people that abut that road lose no rights.  Just because the Town no longer owns it, the people who abut the road still have a right to use the road.  I believe I have a right to use it and apply for building permit.

 

“Why do I need permission?”

 

Mr. Parker:  The issue is building on property that doesn’t have frontage on a Class V road.

 

Mr. Hansen:  I don’t see that in the ordinance.  There is a note about a waiver on the permit. 
In R.S.A. 374, it not only says Class VI roads but private way.  I’ve been granted permits before, so I assume we’ve been doing everything, as we should.

 

Mr. Parker:  It wasn’t an issue at the Planning Board. The issue was lack of frontage on a
Class V road.

 

Mr. Flynn: That’s how this came about. 

 

Mr. Watman: Have we approved permits in situations similar to this?

 

Mr. Parker: We have. That doesn’t mean we always must.

 

Ronald Taylor:  Yes, we have.  We have not issued one with as long a driveway as this.
Is it 2,500 feet?

 

Mr. Hansen nodded affirmatively.

 

The Chairman called on Shawn Richard, who said he went to a public hearing at a Planning Board meeting but public comments were not allowed. 

 

Mr. Richard:  A Town map shows a road across the property that does not exist.  The Town discontinued it in 1895, which removed the public right of way.  The court approved private easement, not public.  The Town cannot issue a permit because the lot does not have the required frontage.  The statute (R.S.A. 674:41) states no permit will be issued unless a lot has frontage.  A waiver of liability clause covers the Town on town roads.  What covers liability on private property? 

 

Mr. Watman:  Is it a statute or local ordinance about not granting permits if don’t have proper frontage?

 

Mr. Flynn, Mr. Taylor and Mr. Hansen all responded that Henniker doesn’t have such a local ordinance.

 

Mr. Taylor: For a private road, you have to get a waiver or variance.

 

Mr. Parker: It’s too far for emergency crews to get in there, and they would have to try. 
I plan to vote against.

 

Mr. Watman: The State R.S.A.’s would be supportive in lieu of no town’s ordinance.

 

Mr. Flynn:  We’re also looking at the court decision, which you all have in your package.  Under common law, when a public road is opened, and when a public road is discontinued, a landowner possesses a private easement. 

 

Mr. Taylor, addressing Mr. Richard: I have two questions.  Are you saying this is a Class VI road or private property? 

 

Mr. Richard: I’m saying it’s private property, not a road.

 

Mr. Taylor, addressing Mr. Hansen:  My question is, what is your understanding about upgrading the road?

 

Mr. Hansen: The Town no longer has anything to do with that road.  People beyond have a right to use it.

 

Mr. Taylor:  My question is what is your understanding about upgrading the road?

 

Mr. Hansen: He has a right to use, to maintain.  (He gave examples of what other towns do.)

 

Mr. Watman: That’s irrelevant to what’s at stake here.

 

Mr. Hansen: But if there’s a reason, why isn’t there a rule?

 

Mr. Parker:  I wouldn’t have a problem with what they’ve improved but, under Item 2,
they would have to come to us regarding changes.

 

Mr. Taylor to Mr. Hansen:  What is your understanding of can you do any repairs or upgrade on the road?  Can any be done past Bowers for the private access by you?

 

Mr. Hansen:  We have a right to maintain, allowed to put in a culvert, allowed to keep it passable.  Only what’s reasonable.  100 feet wide?  No.

 

Mr. Taylor to Mr. Richard: What is your understanding of maintenance? 

 

Mr. Richard: If a court grants private easement, it is subject to prior use.  It would be new use, expansion of easement.

 

Mr. Taylor: They have a right to maintain it so they can access their property.

 

Mr. Watman: It seems common sense…

 

Mr. Parker:  We could start asking questions like we asked about Old Warner Road?  We need to decide whether we’re willing to give a permit.

 

Rocky Bostrom wanted to know if the Fire Chief and the Police Chief signed off on the permit.

 

Mr. Watman: That is being looked into.

 

Mr. Flynn: We’re looking into it.

 

Tom Watman W-Leon Parker -Hansen: back and forth

 

Mr. Richard had a question about the driveway permit.  He said the driveway itself couldn’t be defined because it showed one thing on first permit…

 

Mr. Watman:  Was that superseded?

 

Mr. Richard: That was revoked.  There was a “renewal” on November 5, 2008 of a driveway permit that was originally revoked.  The Police Department didn’t review, Code Enforcement didn’t review, and the Fire Department didn’t review.

 

Mr. Hansen: It was revoked because we didn’t have access.

 

Mr. Hansen:  That’s a good question.  There was discontinuance in 1789.  The Class VI road waiver has been updated from 2002.  Someone could argue that it ends at the paved road.

 

Mr. Russell said he talked with Chief Keith Gilbert.

 

Mr. Bostrom: When was that?

 

Mr. Russell: Back when I bought property in February 2008.

 

Kris Blomback asked Leon Parker if they need to go before the Zoning Board of Adjustment to ask for a variance because they don’t have the required frontage.  He said he thought the court had ruled that Bowers Road Extension, (extension beyond Class 6) is a private easement not a Class VI road.

 

Mr. Parker:  It’s still a public way.  And we use the term Class VI road for private road.

 

Mr. Blomback said he needs more information.

 

Leon Parker MOVED to deny the application for a building permit, Ronald Taylor SECONDED the motion, and the motion FAILED TO PASS, 2 - 3.  Leon Parker and Ronald Taylor voted in favor of the motion.  Rocky Bostrom, Thomas Watman and Kris Blomback voted against the motion.

 

Thomas Watman MOVED to request a legal opinion from Town Counsel pertaining to:
a variance to a road frontage requirement, interpretation of the previous court order, and determination of whether the private road can be upgraded.

 

Mr. Parker:  If this road is the same as Old Warner Road, the question of upgrade will be subject to the same restrictions.

 

Mr. Flynn: On Old Warner Road, people have the right to go up and down.  It’s never really been closed.  In the court order, Bowers Road Extension was closed. 

 

Mr. Hansen: It was discontinued, not abandoned.  The road’s existence was acknowledged.

 

Mr. Taylor: If they did not use the road, adverse possession would have been reversed.

 

Mr. Hansen: Common law is, you can’t land lock property.

 

Mr. Watman asked Mr. Flynn to contact the Town Attorney regarding the matter.

 

Selectmen Kris Blomback then SECONDED Mr. Watman’s motion. 
The Chairman called for a vote, and the MOTION to request a legal opinion PASSED 5 - 0.

 

The Chairman then asked a gentleman who was present (who was subsequently identified as Pete Fernandes, an employee at the Henniker Transfer Station) if he was attending the meeting to hear about a particular issue.  Mr. Fernandes said he wanted to be present for the Board’s consideration of Agenda Item 10.  The Chairman re-ordered the agenda to consider Item 10 next.

 

Item 10.                  First Reading: Revised Non-Resident Usage Fee Formula for Transfer Station

 

Peter Flynn explained the memorandum he had prepared, asking the Selectmen to approve an adjustment to the non-resident “rate formula and set a permanent policy of using an annual adjustment based on the operating budget of the facility divided by the parcels in the assessment system.”

 

Mr. Flynn’s memo said that the formula amount this year would be $296.00.  He was asked to change the wording in that sentence to read “number” instead of “amount,” and he agreed to make the change.

 

Rocky Bostrom asked if that number was per household, and Mr. Flynn said it was.

 

Leon Parker MOVED to waive second and third readings, pending wording revision by the Town Administrator, and approve the changes to the non-resident user rate formula and policy.  Thomas Watman SECONDED the motion, and it PASSED unanimously, 5 - 0.

 

Item 7.                  First Reading:  Angela Robinson Bandstand Rental Policy

 

The Chairman called on Peter Flynn to introduce a proposal to adopt a rental policy for use of the community gazebo and community park by private parties.  Mr. Flynn said he thought the simplest method of instituting a rental policy would be to adapt the rental policy for the Community Center to also cover the gazebo and community park.  He had prepared a written copy for the Selectmen to review.

 

Kris Blomback wanted to know why the gazebo would be rented for $100, while buildings that have bathrooms that get dirty would be rented for $25. He asked, “Does that need to be flipped?”  He also questioned if enough rent is being charged for the Grange and Community Center.

 

Mr. Flynn responded that he believes the rates are reasonable enough to make the facilities available to as many people as possible.  He suggested renting the gazebo for $25 instead.

 

Mr. Blomback said he would just as soon charge more for rental of the buildings.

 

Mr. Watman asked which groups would be charged a rental fee.

 

Mr. Flynn said private groups pay a fee; while community organizations like the Boy Scouts do not.

 

Mr. Blomback:  How many times have you rented?

 

Mr. Flynn:  At least 100 times.

 

The Chairman asked that it be noted for the record that possible increases of rental rates for the Grange and the Community Center were discussed.

 

Leon Parker said he didn’t see a need for this proposed change.  He said he hadn’t seen the facilities misused to the extent that the Town needs to start charging.

 

Thomas Watman MOVED to not charge fees for buildings.  There was no second.

 

Thomas Watman moved to restrict use of the gazebo only for bandstands.  There was no second.

 

Leon Parker disagreed.

 

Rocky Bostrom MOVED to hold over consideration of a rental policy for the Angela Robinson Bandstand and Community Park for a second reading.  Thomas Watman SECONDED the motion, and it PASSED, 3-2.  Thomas Watman, Rocky Bostrom and Kris Blomback voted in favor of the motion.  Leon Parker and Ronald Taylor voted against it.

 

Leon Parker suggested not citing codes in proposed revisions in order to more easily update policies.

 

Item 8.      First Reading:  Revision of Personnel Policy Recruitment Process
Proposed by Rocky Bostrom

 

The Chair called on Rocky Bostrom.  Rocky said he believes job vacancies should be offered to current employees first, then offered outside if they don’t have a viable candidate.  He said he thinks there should be one clear, concise policy, and currently there is confusion and conflict between the personnel policy and Selectmen’s policies.

 

The Chair asked if there was any discussion of Rocky’s proposed revision to the personnel policy.

 

Leon Parker recommended adding that appointments have to be approved by Selectmen.

 

Thomas Watman said all appointments are overseen by the Town Administrator.

 

Mr. Parker suggested adding ‘to be reviewed by the Town Administrator and taken to the Selectmen for approval or disapproval.’

 

Kris asked for clarification of this proposal against current personnel policy wording.  Peter Flynn read a sentence pertaining to “concurrent” advertising.

 

Thomas Watman:   Either we go looking for the best candidate and everyone gets a fair shot or we put some sort of leverage in for current employees.  The single most important thing this Board does is hiring.  If you get the wrong person, particularly in for-cause situations, it causes problems. 

 

Kris Blomback:   You don’t think the inside guy already has the edge?

 

Rocky Bostrom: If you’re going to hire the inside person anyway, why spend money on advertising?  He added that he is concerned about dedicated employees, especially those who work part-time and hang in there.

 

The discussion continued for a short while.

 

Thomas Watman MOVED to hold this proposal over for a second reading.  The motion was SECONDED by Ronald Taylor, and it PASSED, with 4 voting in favor and 1
(Kris Blomback) voting against.

 

Item 9.      First Reading:  Revision of Personnel Policy Recruitment Process
Proposed by Thomas Watman

 

This proposal to advertise vacancies internally and concurrently to the public was discussed briefly.

 

Thomas Watman MOVED to hold over this proposal for a second reading.  Ronald Taylor SECONDED the motion and it PASSED 3 - 2, with Thomas Watman, Ronald Taylor and Leon Parker voting in favor, and Rocky Bostrom and Kris Blomback opposed.

 

Item 11.      First Reading:  Addition of ‘Crime Victim Employment Leave Act Policy’
to the Town’s Personnel Manual

 

Leon Parker read the motion and it was opened for discussion.

 

Leon Parker MOVED to waive further reading and adopt the addition to policy.  Rocky Bostrom SECONDED the motion and it PASSED 4 – 0.  Thomas Watman was not present for the vote.

 

Item 12.      First Reading:  Family and Medical Leave Act (FMLA)
Revision to the Personnel Manual

 

Kris Blomback MOVED to approve the revision and waive a second reading.  Rocky Bostrom SECONDED the motion and it PASSED 4 - 0.  Thomas Watman was not present for the vote.

 

Item 13.      First Reading:  Americans with Disability Act Policy
Revision to the Personnel Manual

 

Ronald Taylor MOVED to approve the revision and waive a second reading.  Kris Blomback SECONDED the motion and it PASSED 4 - 0.  Thomas Watman was not present for the vote.

 

Item 14.      First Reading:  Proposed Computer Usage Policy
Revision to Personnel Manual

 

Leon Parker requested the addition of a word in the first paragraph so that it will read: 
“All computers and electronic equipment [et cetera] that are the property of the Town.” 
The Chairman asked if anyone had an objection to this change and no objections were expressed.

 

Mr. Parker and Mr. Watman suggested a stronger statement of what computers and software are supposed to be used for and specification of use by “people who are engaged to do business of the Town.” 

 

The Chairman asked Peter Flynn to ask the attorney to revise the wording.

 

Leon Parker MOVED to hold over the proposed revision for a second reading, Ronald Taylor SECONDED the motion, and it PASSED 5 - 0.

 

Item 15.                   Town Administrator’s Report

 

Mr. Flynn went over highlights from his written report.

 

Road Management Plan Committee:  Mr. Flynn said he would check on the status of the report by the committee.

 

Western Avenue Sidewalk Culvert:  This item was approved in the consent agenda tonight. 
Bids will be ordered and construction should start in two to three weeks.

 

Western Avenue Bridge:  The letter of engagement with Hoyle Tanner has been approved.

 

Wastewater and Cogswell Springs Commissioners:  There has not been a meeting.  They are still waiting for a final vendor report.

 

Safe Route to Schools:  Committee appointments were made today the first meeting is scheduled for next Tuesday, October 13.

 

Old Concord Road Baseball and Softball Fields:  Request for Proposals was sent out October 1^st.

 

Old Warner Road Legal Question was discussed tonight.

 

Newton Road-Highway Safety Committee:  Leon Parker spoke on behalf of the committee and said they had met to discuss the situation as much as they could without having a copy of the plans.  The Committee unanimously voted to recommend to the Selectmen that the first 200 feet be made “no parking” and give the owner of the apartment 60 days to implement it.

 

Energy Committee:  The grant proposal was sent this week.

 

Item 16.                   Selectmen’s Reports

 

Ronald Taylor:  Grant proposals have gone for sounding board for repairs and modifications to the sounding board and to modify the back end of Academy Hall, which includes handicapped entrance.  The grants should total about $25,000.

 

Leon Parker: 

 

1.      He attended the Highway Safety Committee meeting.

 

2.      He attended a meeting of the Capital Improvement Program Committee.

 

3.      He and Rocky Bostrom went to the first annual Government Officials Fire Academy in Concord.  He thought the other Selectmen should have been there.  They wore and learned about turnout gear, learned about equipment, evolution of regulations, political action.

There was a presentation by the Central New Hampshire Hazardous Materials Team, developed in coordination with Homeland Security.  They can diagnose bomb presence and nuclear presence. Rocky added that their services are available for any town that needs it.

Mr. Parker said it was a very educational event and strongly recommends to all the Selectmen that they attend next year.

 

Kris Blomback: 

 

1.      The Energy Committee is working on language and will be getting in touch with contractors.

 

2.   The Wage and Benefits Committee is waiting to receive a manual from Local Government Center.

 

Rocky Bostrom:  He attended a meeting of the Athletic Committee.  They discussed the budget and considered possible fees.  They’re thinking about hiring a part-time director.  However, that position has not been included in the budget as yet.

 

Thomas Watman:

 

1.      The Solid Waste Disposal Committee hopes to have final draft of their report to the Selectmen ready to review soon.  After the Committee has reviewed it, they will request an appointment to present it to the Board of Selectmen.

 

2.   The Conservation Commission is supposed to vote soon on possibly contributing funds to conservation easements.  Expenditure of funds has to be approved by both the Conservation Commission and the Board of Selectmen.

 

Item 17.      Request for Non-Public Session per RSA 91-A: 3, II (c), (d) and (e),
Legal Matters

 

At 9:52 p.m., Leon Parker MOVED to go into non-public session according to RSA 91-A: 3,
II (c), (d) and (e), Thomas Watman SECONDED the motion, and it PASSED unanimously by a roll-call vote:  Rocky Bostrom-yes, Leon Parker-yes, Thomas Watman-yes, Ronald Taylor-yes, Kris Blomback-yes.

 

Board came out of Non-Public Session

 

Leon Parker moved to seal the non-public minutes, seconded by Ron Taylor.  All voted in the affirmative- 5-0

 

10:15 pm

Motion by Rocky Bostrom to adjourn, seconded by Tom Watman.  All voted in the affirmative 5-0

 

 

 

 

 

DRAFT Meeting Minutes

Respectfully Submitted by

Recording Secretary Sheila Mitchell

 

Henniker Board of Selectmen

Consent Agenda

October 6, 2009

 

 

1.                  Abatement: 

a.      Lot 728D, $850 for R. Melcher

b.      Lot 728E, $9,460 for R. Melcher

2.                  Assembly Permit:  New England College, Concert to be held 10/10/2009

3.                  Building Permits issued through 10/5/2009

4.                  Intent to Cut: 

a.      Lot 424, using Grove Street, New England College

b.      Lot 391, using Grove Street, New England College

c.      Lot 562, Old Hillsboro Road, Larry & Nanette Colby

5.                  Permission to Haul over Class VI Roads:  New England college, Grove Street

6.                  Sign Permits: 

a.      Temporary sign in front of Fire Station, 11/22-12/6/2009 for Fire Auxiliary “Cookie Craze” event

b.      Temporary sign at Proctor Square, 11/29-12/6/2009 for Fire Auxiliary “Cookie Craze” event

7.                  Timber Tax Levy:  Lot 726 & 726A, $2,461.38, K. Fusco

8.                  Resignation

a.      of Lia Houk from Recycling Committee

b.      Shannon Camara from Athletic Committee for Youth

9.                  Bid Award to Hopkinton Forestry and Land Clearing Co. $62,000 for construction of Western Avenue Culvert

10.              Appointments

a.      Jeffrey Summers to fulltime Police Officer

b.      Dawn Bedard to part-time Crossing Guard

 

 

 

---

 

The following motion was made to approve the appointment of the individuals listed below as Members or Alternate Members of the specified Town committees, boards or commissions.

 

Motion:

 

Move to appoint the individuals as presented below:

 

                                                            Term Exp.

 

            Athletic Committee for Youth           

            Marc McMurphy                         9/1/2012

            Mark Gage III                               9/1/2010

             Capital Improvement Program Committee           

             Peter Flynn                                 9/1/2012

            Steve Connor                              9/1/2012

            Joe Damour                                9/1/2012

 

            Community Ctr. Activities Committee           

            MaryEllen Schule                      9/1/2012

            Emily O'Rourke                          9/1/2012

 

            Concert Committee           

             Betty Watman                           9/1/2012

 

            Conservation Commission

            Holly Green                                9/1/2012

 

            Historic District Commission 

           Tom Dunn                                   9/1/2012

 

            Recycling Committee 

           Steven White                               9/1/2012

 

            Road Management Committee

            Gary Guzouskas                        9/1/2012

            Steve Connor                             9/1/2012

 

            Safety & Loss Prevention Committee          

             Scott Davison                          9/1/2012

             Nicole Gage                             9/1/2012

 

            Zoning Board of Adjustments   

            Jeff Connor                              9/1/2012

           Bob Stamps                              9/1/2012

           Alternate Member            Bruce Trivellini                      9/1/2012

 

 

Vote of Action:  August 18, 2009

 

---

 

Motion:

 

Moved to appoint Dan Garvey and Jeff Connor to the Budget Advisory Committee, effective September 1, 2009 and expiring September 1, 2012.

 

Board has three applications to review before making motion.

 

 

Vote of Action:  August 18, 2009

 

 

 

---

Town of Henniker

Board of Selectmen

Tuesday – July 21, 2009

 

Approved  Meeting Minutes

 

Members Present:              Chairman Thomas Watman, Vice Chairman Leon Parker,
Selectmen Ronald Taylor, Kris, Blomback, and Rocky Bostrom

 

Others Present:          Joe Morette, Bruce Corsetti, Bill Marko, Jennifer McCourt,
Paul Brien, Nicole Gage, Romeo Dubreuil, Cynthia Marsland,
Peter Flynn, Bob Pennock, Michael Pon, Sheila Mitchell and Susan Dearborn.

 

Call to Order and Pledge of Allegiance

Chair Thomas Watman called the meeting to order at 6:15 p.m. and led the Pledge of Allegiance.

 

Consent Agenda

Leon Parker MOVED to accept the consent agenda, Kris Blomback SECONDED the motion, and it passed unanimously.

 

The Chair read into the record several items that had been considered on the consent agenda, including, but not limited to:  a “Music on Main Street” event September 12, 2009, an historic marker at the Community Center, and the appointment of two new part time Recording Secretaries.

 

Public Forum

The Chairman invited members of the public to raise topics other than those on the agenda.

 
The Chair re-arranged the order of the agenda to consider other items before 6:30 p.m.

 

Item 4:      Public and Non-Public Minutes of June 30, 2009

 

Town Administrator Peter Flynn recommended eliminating from the minutes any items taking place before the start of the meeting, such as review of the consent agenda.  Also, he said a correction to the wording regarding the vote on the consent agenda should read,
“Vice Chairman Parker proposed separating one item from the Consent Agenda for further discussion.”

 

Chairman Watman concurred that what takes place from 6:00 to 6:15 p.m. is considered a work session, at which the Board members cannot vote, and therefore should not be recorded as part of the meeting minutes.