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2010 BOARD OF SELECTMEN MINUTES ~ TOWN OF HENNIKER

Members Present: Leon Parker, Chairman; Thomas Watman, Selectman; Leo Aucoin, Selectman;
Kris Blomback, Selectman; Robert French, Selectman

Guests: Russ Roy, Ryan Murdough, Carl Knapp, Bill McGirr, David Herrick and Mark Michie

Chairman Parker opened the meeting at 6:15 p.m. with the Pledge of Allegiance.

Selectman Watman moved, Selectman French seconded to approve the Consent Agenda as presented. Passed 4-0-0

Chairman Parker mentioned that the Board received correspondence from the State Fire Marshall complimenting Officer Dennis of the Police Dept. and Firefighters Mick Costello and Varyl French for the assistance provided during the investigation and follow up prosecution of suspects in the Annis fire last winter.

Mr. Flynn said that he has spent a large amount of time sorting emails pertaining to the situation and coming up with financial solutions. There are two entities involved; engineer Matt Low from Hoyle Tanner and Associates and the Principals of Hopkinton Forestry and Land Clearing. Mr. Flynn said that he is trying to be diplomatic and after many disagreements, held a meeting yesterday with the principals of Hopkinton Forestry and Land Clearing, Matt Low, and two Selectmen and it seems that they have come to a mutual understanding. They identified two to three line items that HF & LC had sent to them and engineering had questioned which were regarding money and the quantity and quality of materials being used. The issue at the end of the day was the quality of the material being used for the fill. Mr. Flynn said that the options were to use material from the town’s supply for fill or use outside material that was felt to be better suited for the fill by HF & LC. The engineering firm identified that the town’s material would work and a conference call was made to the soil scientist and confirmed that the material coming from the town’s supply would be sufficient for the job. At the end, it was agreed to that HF & LC would go back and work out new numbers that would come back less than the original based on using the town’s supply. Mr. Flynn said that this was discussed for 1.5 hours and both parties were upbeat about the possibility of the estimate falling between what the town felt it could afford. Mr. Flynn said that within hours the emails started again with disagreements on some of the issues. Mr. Flynn said that at this time there is an $11,000 difference in the work order.

Selectman French said there is still a discrepancy between Hoyle Tanner and HF & LC on the number of yards to be removed, which reflects the largest amount of financial change.

Chairman Parker said that they now have a miserable situation on their hands because the Selectmen happily took the lowest bid because it was so much better and it now turns out if they had gone with another contractor it might have cost less. They now have a large hole in the road and the alternative is if they don’t end up with an agreement, they will have to settle with HF & LC and then start with someone else.

A representative from Henniker Forest and Land Clearing, Mr. Mark Michie, said that Hoyle Tanner is blocking things in squares and not cutting or following the guidelines of a normal construction job. He stated that Hoyle Tanner is asking them to save materials that are not salvageable in the actual construction. What was there was contaminated with bad soils that were backfilled. He feels they are trying to help the town cut costs, have been going back and forth for a week, and are being told what they need to do and with what equipment. HF & LC said that Hoyle Tanner did not account for any of the problems that are being encountered.

Chairman Parker said that during the meeting he came up on the side of Hoyle Tanner.

Mr. Carl Knapp said that the quantity of material needed makes a big difference when you are down that deep.

Chairman Parker said that one way to go forward is to express the willingness to work with HF & LC or to start over.

Chairman Parker moved, Selectman Watman seconded to approve an amount up to $70,000 and to send HF & LC and Hoyle Tanner back to come up with an agreement.

Chairman Parker said that if they approve the total and they can’t reach an agreement for that price, they would have to pay HF & LC termination costs, start over, and keep the road closed.

A representative from HF & LC stated that their bid was lower because they are located in town very close to the job. He said that the job was represented to have no contaminated fills and he feels that those bids from other contractors would have been way over because they would have found the same issue.

Chairman Parker said that the dilemma is that there is a limit to how far the town can afford to go.

Selectman Watman said that in assuming that all bidders bid on the same specs and would have all found the same type of conditions, if they were to go back out to others it would appear that they would be tacking onto what they owe HF&LC and it would be unlikely to get a lower bid. Selectman Watman asked if they have sufficient funds to do these things. Mr. Flynn responded that they do. Selectman Watman said they already have someone local who has started and found changing conditions. He urged HF & LC to get the price down to the $70,000 range.

Chairman Parker said that there is a disagreement with material that meets the state standards and he assumes that it can be worked out. Selectman Watman would assume that who ever they deal with will have to carry out the agreement. He said that if they hire someone they should be accountable.

Selectman French said that HF & LC feels that the material meets specs, but does not meet their standards. He feels that the $70,000 is a good compromise.

Item 1: Review revisions and updates on budgets including a request to the Town Administrator to present a report-reducing budget by $100,000 if mandated.

Chairman Parker stated that Selectman Watman has a motion that has been passed out.

Selectman Watman said that the motion is in response to the bottom line budget and what was included in Mr. Flynn’s $100,000 cut.

Mr. Flynn said that he was directed to come back to the Board with a scenario of where he would recommend that he find $100,000 if in fact the Board decided to cut $100,000 from the budget. He identified lines that could be cut without a significant pinch. Mr. Flynn said that some department heads stepped up and recommended cuts and some had no negative effect on departments. He has identified up to $41,000. Any other cuts would hurt because they would have to dig into the Highway Department budget. He did come up with $100,000 and a separate list of what he felt was reasonable without hurting. Mr. Flynn told the Board that Selectman Watman used the list as a tool and built on it. Mr. Flynn stated that he liked Selectman Watman’s idea for the Bridge Capital Reserve. He said that it is one way to eliminate taking $100,000 out of everyone’s budget and is conditional on the sale of Lot 98. If they don’t get the sale they would not be setting the town back $200,000.

Selectman Watman waived the right to read the whole motion and the following was entered into the minutes for public record with Chairman Parker seconding the motion.

NOTE: This compromise plan would reduce the net budget increase from 14.9% to 4.9% and the estimated tax rate increase from $1.04 per thousand to $0.35 per thousand. The tax rate increase would be 4.8 % instead of 14.6%

Move that the warrant article to provide partial funding for the rebuilding or repair of the Western Avenue Bridge be amended by substituting the following: To see if the Town will vote to raise and appropriate the sum of Two Hundred Thousand Dollars ($200,000) to be added to the already established Bridge Capital Reserve Fund with the funds to come from the sale of Lot 98. No money to be raised by taxation. This fund is established under the provisions of RSA 35:1 for the purpose of funding future repairs to the Town’s bridges and to include engineering and other related costs.

And to add $15,000 to the Highway Equipment Rental account to cover up to three months of rental fees for a Front End Loader. This amount is to be used only upon specific authorization by the Board of Selectmen.

And that $10,000 be added to the salary accounts and that this sum be reserved for grade and step adjustments aimed at reducing the salary discrepancies that exist for Town employee positions (as compared to the average salaries for those positions in comparable communities). The Town Administrator shall make recommendations to the Board for the use of these funds, after his review of grade, step and job description information. Priority shall be given for those positions that are furthest below the average have the lowest pay rates and whose personnel evaluations at the time of this review are satisfactory or better. The report shall be submitted no later than the second regular Board meeting of February 2011.

Selectman Watman said that he tried to take what he thought he heard at the Board level and came up with a proposal that would satisfy people just enough. He said that the bridge is the single most expensive item being added to the budget and this proposal gives them a chance to show the public that they plan on starting the project and is optimistic that they will close on Lot 98. Selectman Watman said that two members of the Board wanted to buy the loader outright and a couple did not want anything at all. He was worried and tried to build something into the repair budget showing that they were trying to do something. He thought trying to get additional funding into the salary accounts for the lower paid employees whose positions are shown to be lower than other towns was important. Selectman Watman said that he is trying to develop changes in the grades and steps, is looking at job descriptions, and putting priority to funds of those who are paid the lowest. The employees whose reviews showed them performing well got the benefit of any raise. Selectman Watman said that he feels that a $100,000 cut is too much and his proposal did not get low enough for a zero increase, but did bring the increase down to $0.35 per thousand instead of $1.04 per thousand. Selectman Watman said that he is not positive whether the increase he is proposing is saleable. He is not saying there are not other ways to solve the problem, but this is what he thought could be sold to the public.

Chairman Parker said that the way that Selectman Watman handled the Western Avenue Bridge funding was a smart public move.

Chairman Parker said he would just as well knock out the concerts budget not the $4,300 for the tax maps unless they can vote to do that this year. Selectman Aucoin thinks that they can go forward with the tax maps next year if they are making more revenue next year. Chairman Parker said they are getting a very good bargain and if they could get it started and not worry about it in the budget next year, he would like to. Selectman Watman said that he would vote to purchase the tax maps now if they had the money. If the $4,300 were not spent it would go back to the fund balance to offset taxes. Mr. Flynn said he checked with the Finance Director and they have the money this year to purchase this program and he is disappointed with seeing the tax map program being taking out. Selectman Watman does not want to antagonize services and programs, but if desperate he would go along with cutting concerts, but at the moment he does not think it is politically desirable to cut the concerts. He said that they should discuss the situation with the concert committee before deciding to cut it from the budget.

It was mentioned that Selectman Watman did not cut from White Birch in his proposal, but he did cut the Red Cross.

Chairman Parker mentioned the Highway Department equipment rental. Selectman Watman said that he is torn that the CIP listed it as a higher priority. He can’t see them being willing to confirm, but would prefer a lease purchase. Mr. Carl Knapp told the Board that he has operated the loader and is not in favor of rental equipment for equipment that the town already owns. Chairman Parker asked about the disrepair of the loader and it being described as not having much longer. Mr. Knapp said that getting parts for it is the problem, it ran fine today, but it does need work. Mr. Knapp said that he is not sure what has been presented to the Board, but the first priority of the loader is to load trucks and the second priority is to plow snow. He said that if they choose to replace a loader, he is not so sure they need to replace that loader with all the plow equipment, which is expensive. Mr. Knapp feels that the price of a new loader could be much less expensive if it was not being used to plow snow. Chairman Parker said the way Selectman Watman presented it is that they are setting aside $15,000 if the Hough was to break down. Mr. Knapp said that he would not expend money on rental of equipment that the town owns. Selectman French mentioned a larger bucket and Mr. Knapp said that he would rather the town spend money on a larger capacity bucket with less weight. Mr. Knapp said that it will be slower to load trucks with the loader, but it can be done. Mr. Knapp informed the Board that he has been trying to use all the equipment since he has been with the town.

Selectman Aucoin moved to eliminate the third paragraph of Selectman Watman’s motion. The motion died for lack of a second.

Selectman Blomback voiced that he is concerned with giving some employees raises and some not. Selectman Watman said that research shows many of the employees are significantly underpaid and with the rising cost of health insurance contributions this could help. Selectman Watman said that they don’t have enough money to give all the employees raises, but felt comfortable helping some employees. Chairman Parker said that the motion is not awarding anyone a raise, but setting aside a small amount of money to make a decision on it. Selectman Blomback said that he felt he received enough information, not all and not all job descriptions, and is very hesitant because the bottom third of the employees would be getting a raise and the top third would not be getting a raise. He would prefer to keep everyone on the current step system and grade level because without having 100% of the information it is a moving target. Selectman Blomback said that the Henniker insurance plan is excellent. Selectman Watman said that it will be difficult and time consuming to get the up to date information on benefits from the towns they are using for comparison.

Selectman Blomback said that he thought the peace offering was to be giving raises to some. Selectman Watman said that leaves the lower paid employees without a raise. Selectman Blomback mentioned long term employees. Russ Roy said they are hoping to change their grades to reclassify the grades and also mentioned the state not having a COLA any more. Mr. Roy said that job descriptions are a very difficult comparison to make and commented on putting employees in a grade that puts them in an average and award steps by merit as they can. Selectman Blomback said one reason why they approved the state pay raise was for keeping long-term employees. Selectman Watman said in rough times he is saying to take care of the poorer people, because we are raising their cost of health insurance but not giving them salary increases. Selectman Watman recognized that they have a responsibility to the taxpayers, to keep equipment up; to the employees, and that the lower paid employees should not be forgotten. Selectman Watman stated that they have some employees that are high quality and are not being paid high enough. Chairman Parker said that he supports what Selectman Watman is proposing. Selectman Watman said he encouraged the Town Administrator and Finance Director to look at step and grade.

Mr. Flynn said that before he knew about Selectman Watman’s motion tonight he went ahead with the revision of steps and grades. Mr. Flynn told the Board that the research in insurance comparisons with other towns is being done. Mr. Flynn stated that they are not doing away with the state’s grade and step system. Selectman Blomback said to a certain degree they are. Mr. Roy commented that it would be very difficult to compare Henniker to the state on steps and grades.

Chairman Parker asked if they can agree that the Town Administrator insert these changes into the budget and submit it to the Budget Committee.

Selectman Blomback moved, Selectman Watman seconded to cut the legal fees budget from $20,000 to $15,000.

Mr. Flynn stated that if anything, they would want to add to this budget because of recent actions. Mr. Roy said they still have one more month of bills to receive and they are already $13,000 over expended.

Selectman Aucoin moved, Chairman Parker seconded to cut the concert budget entirely.

Selectman Aucoin feels there is not enough in attendance for the concerts and some members of the public are offended with paying for others entertainment. Selectman Blomback said there are some aspects of the municipal budget that don’t affect all citizens, but he feels that the concert budget, with some modification, is more or less in line with what the town is about. Selectman Blomback said that he might be in favor of cutting this budget slightly and with creating mechanisms for collecting revenue. Selectman Watman asked if the Town Administrator could talk with the concert director to propose cuts. Chairman Parker said to cut the budget and give the concert committee motivation to come up with something else.

The motion Failed 2-3-0; Selectman French, Selectman Watman, and Selectman Blomback were opposed.

Selectman Blomback moved, Selectman Watman seconded to cut the Athletic budget down to 2008 levels by cutting $5,000.

Selectman Aucoin pointed out that more people use the Athletic Department than the concert budget. Mr. Flynn said that the final bills for athletic equipment are not submitted yet. Wrestling was added to the budget this year and cheerleading was previously submitted with the basketball budget for many years. Selectman Watman said they would have to go into the descriptions of each budget to research equipment purchases. Selectman Blomback said that he made his assumptions on what was presented.

The motion Failed 2-3-0; Selectman French, Selectman Aucoin, and Selectman Watman were opposed.

Selectman Blomback commented on interest rates being historically low and asked if it would be in the town’s best interest to refinance. Russ Roy said it is not possible to refinance because of the bonding.

Selectman Watman moved, Chairman Parker seconded to submit the budget, as submitted tonight, to the Budget Committee for review. Passed 5-0-0

Selectman Blomback moved, Chairman Parker seconded to approve the minutes of December 7, 2010 as presented. Passed 5-0-0

1. Lot 98 purchase proposal – Mr. Flynn said there is still a mid-January date to address the issue of the Class VI road.

2. Salary and Benefits Survey – Information on the salary and benefits will be on the next agenda.

3. Energy Committee grant proposal – The grant is moving along and Mr. Flynn has signed the contract.

4. Safe Routes to School – Mr. Flynn said that there was a meeting held at 7:30 a.m. the other day at the school with twelve people in attendance.

7. Rock N’ Birch Campground issues - No new update. Will be discussed briefly in non-public, if necessary, otherwise Mr. Flynn is ready to send the agreement.

8. Athletics for Youth Committee – Study Committee for Recreation Director – The committee has presented Mr. Flynn with their findings and is on the agenda for January 4^th to report to the Selectmen. There will be no request for funding.

9. Drug and Alcohol Policy for Non-DOT Employees – Mr. Flynn said that the budget has been revised to tie this in at the end of the 2011 budget. There is no hurry to review because it will not be implemented until the end of 2011.

10. Penalty – Vision – Assessed at $4,700 and they have been notified; the money is being held aside.

11. Sold Waste Management Committee – This will wait until after January 1^st.

12. ATV Policy over Class VI roads – Mr. Flynn said that he has spoken with Bob French about getting together with Mr. Morse after the holidays.

13. Outstanding taxes due – Mr. Flynn informed the Board that he has made a lot of progress and has collected close to $50,000 since the last discussion and several arrangements have been submitted. He is not sure what flexibility he has from the Board, but would like to bring forth agreement forms and is making good progress. Selectman Watman asked about receiving a report and Mr. Flynn responded that he would submit a report on January 4^th.

14. Soccer Field Lease from USACOE – Mr. Flynn said that this has all been requested and modifications spelled out in a letter to Army Corps.

16. Draft Warrant – Mr. Flynn said that he has a warrant article pertaining to the sale of Stone Hedge, which he made a permanent article until changed at Town Meeting and it is specific to this property.

Mr. Flynn said that the Conservation Commission has not added any additional properties to their list to keep from being sold. Motions were made years ago to accept the recommendations from the Conservation Commission. Selectman Watman said that they would have to go to Town Meeting for authorization to sell any property. Mr. Flynn will bring the list of town owned lots to the board at the next meeting. Selectman Watman said that the lots that the Conservation Commission asked the town to hold off on, were lands in high priority of conservation.

Mr. Flynn discussed a land deeding agreement on behalf of the Sunderland’s land located on Freeman Colby Road.

Mr. Flynn said that a union petition for the unionization of the Henniker Police Department has been posted publicly. Mr. Flynn said that he was required to submit this to the Public Employee’s Board in Concord and to the union attorneys. He informed the Board that tomorrow he would be having a meeting with town counsel and the Police Chief.

Chairman Parker moved, Selectman Watman seconded that if the money is available they contract with Cartographic Associates for the amount required to set up and provide the required Internet service for the new GIS system.

Chairman Parker said that this is not only good service to the public, but will make the clerical positions a lot less demanding. Mr. Flynn said that the Police Department and other departments would also find it helpful. This purchase will not affect the money for the road issue.

Selectman Blomback commented on the liability insurance and asked if there is any value in increasing the $2,000 deductible for a better rate. Mr. Blomback asked if the Town purchased a policy with higher deductibles, such as $5,000 or $10,000 would there be a savings in the premium. Mr. Flynn said he would contact the Local Government Center to see if it is an available option.

Selectman Aucoin moved, Selectman French seconded to enter into non-public session @ 8:10 p.m. pursuant to the authority granted in RSA 91-A: 3II(e). A roll call vote was taken, Selectman French – yes; Selectman Aucoin – yes; Selectman Blomback – yes; Selectman Watman – yes; Chairman Parker – yes. Passed 5-0-0

Selectman French moved, Selectman Aucoin seconded to adjourn at 8:46 p.m. Passed 5-0-0

Members Present: Leon Parker, Chairman; Thomas Watman, Selectman; Leo Aucoin, Selectman;
Kris Blomback, Selectman; Robert French, Selectman

Guests: Mike McManus, Nancy DeMoura, Keith DeMoura, MaryEllen Schule, Scott Davison, Martha Sunderland, Thomas Patenaude, Beth Patenaude, Ryan Murdough, Matthew Lowe, Joseph P. Damour, Mary Gilbert, Jim Morse, Bill McGirr, Terri Trier, Jerry Richardson, Jason Michie, Kelley Lochmandy, Tyrone Lochmandy, James Garvey

Chairman Parker opened the meeting at 6:15 p.m. with the Pledge of Allegiance.

Selectman Blomback moved, Selectman Watman seconded to approve the Consent Agenda as presented. Passed 5-0-0

Chairman Parker announced that included in the Consent Agenda was a resignation from Ben Tokarz, who is leaving the Police Department.

Mr. Garvey said that NEC is proposing to have banners installed on forty lamp posts in town; will not include the lamp posts on the river or at Community Park. The reason for the banners is to promote Henniker. The banners will have the NEC logo on them and will say Henniker, New Hampshire or the “Only Henniker on Earth”. Mr. Garvey said that they would like to have the banners installed in the spring at NEC’s expense. The banners will be 24 in x 36 in. Mr. Garvey said that NEC feels that the banners will give a great look to the town and show a unified look between the town and NEC. In addition to providing the banners, NEC would like to take care of the cleaning of the lamp posts twice a year. Mr. Garvey said that upon approval from the town, they would like to get designs and have them reviewed. The feeling of comfort in town is driving the idea of the banners.

The donation valued at $4,347 falls under the amount of $5,000 and does not require a public hearing.

Selectman Watman asked if they have thought that having a banner on each lamp post might too much. Mr. Garvey said that NEC could to do every other lamppost if that is the preference of the Board. It would be a good starting point and they could discuss it again when he brings the designs to the Board.

Selectman Blomback moved, Chairman Parker seconded to accept the donation of the lamppost banners and the annual maintenance of the lamppost globes from NEC. Passed 5-0-0

Item 2: Public hearing 2^nd Reading – Smoking restriction at Town Hall ball field

The following would be an addition to Chapter 77:
Section 77-8
Smoking is prohibited on the ground of the Town Hall ball field during times when an organized activity is taking place. The perimeter falls within Depot Hill Road and Circle Street only.

Selectman French asked what the ramifications would be if there was a guilty party. Ryan Murdough hopes that there would not be a violation, but if so, he thinks that the Youth Association would just politely ask the individual to stop smoking.

Mr. Flynn said that the Henniker Athletics for Youth Committee brought this to the Board’s attention. This would be the first time having an ordinance like this. It would require self-policing, but if it becomes a problem they will have to associate a fine with the violation.

Selectman Aucoin moved, Selectman Blomback seconded to waive the third hearing and accept the ordinance as presented. Passed 5-0-0

Mr. Joe Damour informed the Board that the CIP Committee felt that everything on the list belongs on the list. The list was voted down last year and there is a need for everything on the list.

· Western Avenue Bridge Capital Reserve $200,000
(for 20% share of construction of bridge)

Mr. Flynn told the Board that the items on the list might not be on separate warrant articles. There are no low priorities and all the items on the list are either of medium or high priority. Mr. Flynn said that the process is that the Board will accept the CIP report as presented, then it will become an official document and the Planning Board requires the document every year to keep the impact fees in place.

Selectman Watman asked Mr. Damour if there has been any discussion on the general financing of the Western Avenue Bridge. There has been some talk around town about bonding the 20% of what the town will be responsible to pay for the bridge. Mr. Damour said that the committee discussed it, but they do not know the budget or the impact and they did not feel it was appropriate for the committee to make a decision on the method of funding.

Mr. Damour said that in addition to the list presented, they felt there are other things that should be added to the list.

Chairman Parker moved, Selectman Watman seconded to accept the Capital Improvements Program Report as presented. Passed 5-0-0

Chairman Parker inquired about the installation of water meters. Mr. Damour said that they are waiting for a vendor to give them information. They may possibly have the need for a water tank, which would take precedence over the meters.

Mr. Flynn said they met on Monday, the specs were sent out, and the bids were due in today at 2:00. They opened the bids in public session and immediately sent all the bid quotes to Matt Lowe for review and recommendation.

Mr. Lowe said that they put together a specification and plan package. There were seven contractors that showed interest and attended last week’s mandatory site walk. Four bidders actually submitted bids and the lowest bid they received was $33,600.

Mr. Lowe informed the Board that Hoyle, Tanner Inc. recommends that Hopkinton Forestry be awarded the bid and told to start as soon as possible.

It was discussed that the working conditions due to the weather may not be ideal. Mr. Lowe said that these types of walls have been built in the middle of winter, it is not the easiest thing to do, but can be done. They have stressed with the contractors that the work could be done with heat blankets and testing allowances have been built in to the contract for working in cold weather conditions. A technical engineer will be on site from Hoyle Tanner and Novis Engineering as well; it won’t be a full time effort but will be a comprehensive effort. Mr. Lowe said that they did tell the bidders that the road could be closed as soon as Monday to start the work.

Selectman Watman moved, Chairman Parker seconded that the Board accept the bid from Hopkinton Forestry at the bid price of $33,600 to repair the wall on Old Concord Road.

Selectman French commented on the participation of Hoyle Tanner on-site so that they are not in this position again. Mr. Flynn said that the compacting of the ground was brought up as a concern and will be watched and tested.

Mr. Flynn will meet with Scott Davison in the morning to handle the traffic signage for the road closure. He will also ask the press to put an official ad in the newspaper.

Mr. Lowe said they need to speak with Hopkinton Forestry to see exactly when they can start; insurance needs to be in place as well.

Item 5: Terri Trier – Request from the SHOT Committee (Spirit of Henniker Organizational Team)

Ms. Terri Trier said that the SHOT Committee wants to continue with their efforts in town. They want to continue the “Gathering on the Green” that follows the Memorial Day parade and their “Music on Main Street” event. The committee works in cooperation with NEC during their parent’s and alumni weekend, which is held the first Saturday in October. They require no money from the town.

Selectman Watman mentioned the owners of Quilted Threads and their complaints with the town regarding the closing of Main Street. Selectman Watman questioned if there is any other location that can be used for the event.

Ms. Trier said that Main Street is a very appropriate location. The event is held from 12-4 pm and did not interfere with any of the restaurants. There were hundreds of people at the event last year and she feels that closing Main Street for six hours is legitimate for the amount of enjoyment that they are bringing to the town.

Ms. Trier said they don’t put up any extra signage for Quilted Threads because they don’t do it for any other business. They don’t feel the business’ complaints are legitimate. There were detour signs and the event is well known in advance.

Selectman French told the Board that he was contacted by the committee to work with them and he feels that they can continue to minimize the impact the best they can for the Weber’s. Selectman Aucoin would like the opportunity to have the Weber’s voice heard in front of the community. If the event was approved now it gives businesses ten months to communicate.

Ms. Trier would like to have the Board’s authorization to move $700, which was earned under Old Home Days 2008 activities, into their own account. Selectman Watman asked about the expenses to run Old Home Days. Ms. Trier said that the event costs over $5,000. The committee does not have a budget and whatever they raise at one event pays their bills for another event. There is currently $1,800 in the SHOT account. Selectman Watman said that if they can prove poverty he would be in favor of moving the funds, otherwise leave it there. Mr. Flynn said that he inquired about the funds last year and the funds have to stay in Old Home Days because they were raised under Old Home Days. Mr. Flynn will check again with the Department of Revenue.

Selectman Watman moved, Selectman Blomback seconded to grant permission to SHOT to hold “Gathering on the Green” in May 2011 and “Music on Main Street” in October 2011.

Selectman Watman thinks that the committee needs the lead-time now and feels they should reach out to the Weber’s to see if they want to participate. If the event was passed tonight it gives them lead-time to speak to Quilted Threads and other businesses on Main Street. Ms. Trier said they send out notices to all businesses regarding the event, they did not send notice to the business owners about the meeting with the Selectmen tonight. Mr. Flynn said out of courtesy to the Weber’s he sent them notice of tonight’s meeting. Mr. French told Mr. Flynn that he appreciated him doing so.

Chairman Parker said that Mr. Flynn was asked to do research and come up with proposals for off road vehicles on Class VI roads. Mr. Flynn has two potential options on how to deal with the issues. Chairman Parker said that Martha Sunderland has done an excellent job on the issue.

Martha Sunderland said that her land is in a conservation easement. The easement holder goes out to monitor the land and sees the damage being caused by off road vehicles. Ms. Sunderland stated that people tell her that Henniker allows ATVs on Class VI roads; however, this is not true. She has pictures that show damage to her private property and it is the landowner’s expense to repair.

Chairman Parker said that it is confusing as to what kind of vehicles they are talking about. Ms. Sunderland said if they are registered on the roads they don’t fall under OHRV. Selectman French said once they go off road they fall under OHRV and it is typically those that don’t follow the guidelines that are causing the problems. Ms. Sunderland said that the issue is there are no legal places to ride. Her easement specifically says no vehicles and the problem is that they need to work out something that works, whereby there needs to be places to ride that are legally maintained. Ms. Sunderland said that that the point of her letter was to see if they could discuss better options to see what will work.

Selectman French commented on getting clubs together, which will work better at giving them a place to go and they will have better control of the club if there is a place to go.

Jim Morse, Contoocook Valley ATV Riders, told the Board that he is active with the state and they have let their trails get low key. He said that five to six years ago the flood control closed their trails in Weare and it is very hard for them to control usage in the area. Mr. Morse said that Ms. Sunderland’s road was not a road that they asked for permission to ride on, it is an illegal trail. He said that the ATVs don’t really cause a lot of damage on Class VI roads, it is the jeepers that do. They are trying to establish a trail system again. Mr. Morse said that they have talked about a private trail system, limiting it to club members and restricting it to low traffic. He said that the state won’t work with them and with the state comes so many benefits including $2 million blanket coverage for ATV. Selectman French said that they have this coverage for snowmobiles. Mr. Morse said they would both be through the State Trails Bureau. He would love to keep the trails low key, not publicize them, and get permission from landowners. Mr. Morse said they would like to work with the Selectmen. They were under the understanding that with the permission slip they were legal on Class VI roads. Contoocook has a nice trail system and they want to tie into Henniker’s trail system.

Chairman Parker asked when they received permission before did they have an inventory of the specific roads that they want to ride on. Mr. Morse said they want to ride on Chase Road, Craney Pond Road (not sure if possible), Colby, Hoyt School House, Liberty, Mink Hill Road, and Old Warner Road. Mr. Morse said they would like to maintain the snowmobile trail system as much as possible, because there has been serious money into the trails. Mr. Morse said they are looking to see how the Selectmen feel.

Mr. Flynn said that a bonified club must be formed in order for the Selectmen to review; proof of an insurance policy from the Bureau of Trails for ATVs is needed. The designated road system should also be part of the application or a motion made and signed off by the Selectmen and then run by town counsel.

Chairman Parker said that he does not think they can limit access to one group and he would like to specify the roads and the clubs. Mr. Morse said that the Board could state that it is opened up to anyone who has an OHRV sticker. Mr. Morse said that their club would not accept two wheel drive four wheelers or dirt bikes. Selectman French said it might be able to be written up as a bonified trail. Chairman Parker said that opening up without Class VI roads without any control is not the answer.

Mr. Robert Young informed the Board that he spoke with NH Fish and Game and they told him that you can drive on all Class VI roads with permission from the town; the problem is those that go off the roads onto private lands.

Mr. Morse said when he spoke with the state he was told that they never had a lawsuit, the $2 million coverage that the state provides covers lawyer fees, and the Selectmen have the right to grant permission on any road in the town that is not a highway.

Selectman Blomback asked what the Army Corps of Engineers says. Mr. Morse said they do not want the traffic that happens in the Clough Area in Weare.

Chairman Parker commented on giving bonified clubs the opportunity to ride on the trails. Selectman French asked if they are thinking about specific individuals or authorizing the club to build the trails. Chairman Parker said that they only have the authority to allow use or not allow use of Class VI roads. Selectman French said that they should give the club permission to build trails on specified roads. Chairman Parker stated that he is not ready to open up Class VI roads for anyone’s use.

Mr. Morse stated that they have a bonified club that is registered with the Bureau of Trails; this provides everyone who is registered to ride OHRV access. The private landowners can limit riders, but the town cannot stop a registered vehicle from using the Class VI road. Selectman French said the town could also limit access to certain times of the year. Mr. Morse said that ATV usage is closed for mud season through the state organization.

Chairman Parker asked if there was a consensus to have the Town Administrator draft up something on his notes. By consensus, the Board agreed to have Mr. Flynn draft different alternatives than the club members did and specify what roads are involved. Selectman Watman asked if there would be a benefit of setting up a committee of riders and residents that have the responsibility of maintaining the trails. Chairman Parker said he was going to recommend that Mr. Flynn do that. Mr. Flynn said that he would consult with them, but not form a committee. He will also review Warner’s policy.

Chairman Parker said they would revisit the issue when the Town Administrator has something to present in January.

Mr. Morse said the club would have to go through all the trails and post them. The landowner can restrict days and time.

Mr. Flynn said that he put together an option regarding the possibility of leasing a loader.

Chairman Parker said for the process they need to come to grips with what it is they are going to submit to the Budget Committee.

Selectman Watman suggested to get an overview of all the potential warrant articles before voting to get an idea on the total costs.

Scenario 1 – Review of the operating budget with corrections made to the Executive budget; drug and alcohol testing reduced by 80%, reduction in the Highway Assistant salary, and without any warrant articles taken into consideration. Estimated tax increase of $.47

Scenario 2 – Includes the warrant articles for the Grange roof and the bridge aid
Estimated tax increase of $.53

Scenario 3 – Includes all warrant articles as well as the lease option for the loader.

Chairman Parker said none of the scenarios take into consideration Lot 98 and there is no fund balance being used in any scenario.

· The Selectmen are trying to maintain $200,000 - $300,000 in the fund balance.

· All three scenarios include the payroll of 1% and 2% as of July 1, with the current salary level as it is today.

Mr. Flynn said that this year’s step implementation is $4,555 to implement the steps projected for 2010 that were frozen at Town Meeting. Going into 2011 the additional monies needed to carry out the steps for 2011 including 2010 would be $24,000.

Chairman Parker said that based on requests per departments, they are looking at a net increase of $176,500 to be raised by taxation for scenario 1 without warrant articles or salary/step increases. Selectman Watman said that scenario 1 shows a 12% increase after revenues. Selectman Watman said they could have everyone express their goals of what they want to see with the budget; his goal would be no tax increase. Selectman Blomback calculated the increase to be 6%.

Selectman Watman said that the increase on scenario 3, with everything but raises, shows a 14.2% increase.

Selectman Watman asked Chairman Parker if they should make motions and depending on what motions they make, they can ask the Town Administrator and Finance Administrator to put it all together and bring it back for the next meeting. Selectman Blomback said that the numbers that change need to stand out for comparisons. Selectman Blomback asked if the summary documents, that tie everything together, could always be consistent. Mr. Flynn said he created the format today for strictly tax rate increase information.

(A) $200,000 to be added to the already established Bridge Capital Reserve Fund.

(B) $200,000 to purchase a new Front End Loader as specified by the Town’s Road Agent and authorize the withdrawal of $60,00 from the already established Capital Reserve Fund for this purpose; the remaining $140,000 to be raised from taxation.

(C) Authorize the Selectmen to enter into a long-term lease/purchase agreement for a loader/plow in the amount of $200,000 payable over a term of sixty months.

(D) $22,000 for the purpose of repairing the roof and cupola of Henniker Grange Building.

(E) $2,000 to be added to the already established Police Building Capital Reserve Fund.

(F) $2,500 to be added to the already established Fire and Rescue Maintenance Fund.

(G) Up to $158,056 for road improvements, which reflects the estimated amount of the Town’s share of the State of New Hampshire’s Highway Block Grant. If no revenue is received from the State of NH this amount will not be spent.

Selectman Watman moved, Chairman Parker seconded to approve item (D) as presented; $22,000 for the purpose of repairing the roof and cupola of the Henniker Grange Building. Passed 5-0-0

Chairman Parker moved, Selectman Blomback seconded to approve taking item (A) to the townspeople for them to vote on; $200,000 to be added to the already established Bridge Capital Reserve Fund.

Selectman Watman thinks it is too much money with too much of an impact and can wait. He commented that the CIP Committee listed it as not of the highest priority. He said it is also a problem because there is no specific proposal to move forward with and no meetings to decide what they are selling. Chairman Parker thinks it is inappropriate for them to decide not to do anything with the bridge and feels that they need to look at the options and come up with alternatives. He will push to replace the old bridge. Selectman Blomback said that in reading the supporting paperwork, the bridge comes before the state in 2014, it is close to 2011 and it is important to have the engineering ready. Selectman Watman asked what written guarantees they have from the state that will occur. Mr. Flynn said there is no guarantee and it is subject to the funds being available. Selectman Aucoin asked what amount of money they need to put forth for an actual drawing to be built. Chairman Parker said that the fund is depleted and they would be settling for $200,000 this year and $200,000 the next year, which will give them the $400,000 needed. Selectman Aucoin thinks they need to propose something to the townspeople. Selectman Watman said if this passes he would make a proposal to cut $200,000 out of the operating budget because he does not think the public can afford it. Chairman Parker said they need a marching order to move forward. The town will get reimbursed 80%.

There will be an opportunity to revisit the total package being sent to the Budget Committee.

Selectman Aucoin said that this loader was scheduled to be sent down the line back in 1995, it was voted not to buy the loader, that summer they leased a 1996, now that loader that was too far gone and went to the Transfer Station, and is now back at the Highway Department in disrepair. Selectman Aucoin said that Henniker is the only town around with two loaders. He thinks they can work with one loader and do not need to increase the fleet. Selectman French said when that loader came to be it had been voted not to buy one and the town went out and leased it. Chairman Parker said that the history is interesting, but irrelevant. The issue now is operationally what they need. The loader issue has been supported to be a good operation. Chairman Parker said that he is not sure that Selectman Aucoin’s suggestion of not being needed is justifiable. Selectman Aucoin said they own a rubber-tired backhoe that can load the trucks, which now sits still in the winter because there are two loaders. Selectman Aucoin said that they are loading six-wheelers and one ten-wheeler and should be assigned to a route local to the department. Selectman Aucoin said that the loader should have been sent to auction years ago. They need to go back to a one-loader town and use the backhoe to its ability.

Scott Davison said that the 1995 is irrelevant; they got the old loader back because the Transfer Station utilizes it in the summer time and they swap the loader in the wintertime.

Mike McManus said that there has been discontent between individuals and departments, the department is progressing with issues, and he asked to dissolve any issues that there are. He said that there is a new regime and feels that a lot of people have a different perspective now. Chairman Parker said he feels that they have an operation that has been working pretty well with new leadership coming in on Monday and he is sure next year there will be a different presentation. Chairman Parker said that the new employee will start with what is there and keep going. He is concerned with stringing out the current loader and when it breaks down it will not be easy to repair and they will be in a situation because it will be next winter before they can have a new loader. Chairman Parker would like to see the loader kept in for now and see if the new Highway Supervisor says he does not need it.

Selectman Watman said the vote to approve the bridge makes things more difficult, he thinks the loader is a better and more important need than the bridge and is verified by the CIP committee. They only have so much money and they have to cut somewhere. If he has to choose between giving some staff increases because their salaries are falling behind, or a new loader, he will choose the staff increases.

Chairman Parker said that they will revisit these issues four or more times before Town Meeting.

Selectman Blomback moved, Chairman Parker seconded to approve (E) and (F) as presented; (E) $2,000 to be added to the already established Police Building Capital Reserve Fund and (F) $2,500 to be added to the already established Fire and Rescue Maintenance Fund

Mr. Flynn said that if he had to pick one over the other, the fire one is not needed. Chief Murdough said that the building is in need of a roof on the east side; there is currently $5,930 in the fund. Selectman Watman said he would be opposed because he feels there is sufficient money in the fund to take care of small concerns. That money being proposed could take care of salary increases for some employee’s and can wait without undue harm.

The motion Failed 2-3-0; Selectman Watman, Selectman French, and Selectman Aucoin were opposed.

Chairman Parker moved, Selectman Blomback seconded to include (G) for whatever amount they receive from the state; Up to $158,056 for road improvements, which reflects the estimated amount of the Town’s share of the State of New Hampshire’s Highway Block Grant. If no revenue is received from the State of NH this amount will not be spent. Passed 5-0-0

Item 8: Continued discussion of employee pay scales (Tom Watman motion on floor)

The following is the motion that was made by Selectman Watman on November 23, 2010:

Selectman Watman moved, Chairman Parker seconded that based upon the inequities found in current salary comparisons with twelve other communities, the positions listed below will receive salary adjustments for 2011. These positions will receive one-third of their current salary deficit below the average of the comparable.

Selectman Watman said next years cost would be $24,636. The proposal that he made applies $9,876 and would take ten different staff members, which are $1,000 or more below salary, approximately a third of the way closer to the average. The program that the Town Administrator presented for $24,000 is anticipated to go to positions which are approximately $5,000 above that proposal and would call for three of the people farthest behind not to be given any increase. Selectman Watman said the one proposal is to give the steps included in the contract, which would cost $24,000 and the proposal he made would be $9,800 and come from the health insurance savings and would not increase the budget.

Chairman Parker said that he understood Selectman Blomback to ask at the last meeting to compare these positions with other towns and include the benefits. Mr. Flynn said that Selectman Blomback was looking for future action to the step system. Chairman Parker commented that Selectman Watman’s motion does not make up the difference, but it tries to give them something to make up the difference. Selectman Aucoin said that if you compare Henniker’s benefit package cost to the town’s pay scale, our benefit package is worth more. Chairman Parker said that by not giving step increases last year, and not giving them in 2011; they are already destroying the state system. Selectman Blomback said that the state system is in front of them and the town needs to catch up to the state system. Chairman Parker said that the state is not giving any COLAs and did not freeze steps. Mr. Flynn said the state froze COLAs so this year and next year the town will not give COLAs. Selectman Watman commented that they are 4% behind at the moment. Chairman Parker said their salaries were changed in July. Selectman Watman said they received 1% this year; they are 3% behind the state as it stands. Chairman Parker said they held up nine people from getting their step increases. Selectman Aucoin asked if there was a vote to freeze pay increases at Town Meeting. It was discussed that there was a vote to freeze the budget, not specifically pay increases. Selectman Aucoin asked if the step would be automatic and received regardless of performance. Chairman Parker said unless an employee messes up they receive their step; automatically receive the COLA, but not the step because the step is based on performance. Step increases were frozen last year.

Selectman Watman said they promised people back in March that they would make a decision when they knew what funds would be available at the end of the year. Selectman French does not feel they have all the information that Selectman Blomback asked for. Selectman Blomback asked if the $9,876 would be in sync with the State’s COLA. Mr. Flynn said no, this is in addition to that. Mr. Flynn said if the Board approves the $4,500 they would be in sync with the merit steps for 2010 only; COLA is not in sync. It was discussed that Selectman Watman’s motion has nothing to do with the steps. Selectman Watman said that his proposal is based on what they initially decided about staff paying more for their health insurance and he then decided to take some of the savings from the health insurance and spread it out among the employees who were significantly behind. Chairman Parker said problem with the motion is that they are saying we should be paying you more, but we are only going to give you this amount.

Mr. Flynn said if Selectman Watman’s motion was to pass, they could place those employees on a different grade from where they are now. It would be one step higher than that grade to give them that money and put them in a whole new grade that would fit that 1/3 increase very nicely. Chairman Parker asked about benefits. Selectman Blomback asked if the benefits charge is reflective of the health insurance contribution. Mr. Flynn said that every town’s contribution is included in the comparison, with Henniker at the current contribution. Mr. Flynn can make the numbers fit on a new grade.

Chairman Parker amended Selectman Watman’s motion to say that the figures be used by the Town Administrator to fit them into grades and steps to the pay scale as close as possible using the figure $9,876.

Selectman Watman said that his motion is to help those who are significantly underpaid and cover the increase of their health insurance contribution. Selectman Watman said compared to other communities they have some employees that are underpaid and some who are overpaid, he is trying to be competitive to nearby communities.

Selectman Watman said that they need to make some decision on the salaries to have a package put together for the next meeting and that nothing is final until the very last decision is made before Town Meeting. Selectman French said that if they vote yes they are voting on wage increases. Chairman Parker said that if it is approved it will be effective at the start of the 2011 budget. Selectman Watman said the increase is based on the position and not the employee currently holding the position.

The amended motion Failed 2-3-0; Selectman French, Selectman Aucoin, and Selectman Blomback were opposed.

Mr. Flynn asked with that gone, should he still do the grade revision with that money. Chairman Parker said the motion died. Selectman French would like to see information brought forth and revisited.

Selectman Watman’s motion was defeated and Mr. Flynn asked whether or not to make people who did not get their step increases in 2010 whole by giving it to them.

Chairman Parker moved, Selectman Watman seconded to give the employees in the identified positions on the sheet their 2010 step increases amounting to $4,555. Passed 5-0-0

Selectman Watman confirmed that at the moment, the only thing that is being done for salary increases is maintaining the 2% for salary levels for 2011.

Selectman Watman moved, Selectman French seconded that the Town Administrator be asked to bring back a proposal for a reduction of $100,000 from the operating budget. Passed 4-0-1; Selectman Blomback was absent at the time of the vote.

Selectman Watman moved, Selectman Aucoin seconded that all departmental operational budgets be included in one warrant article.

Selectman Watman thinks that they are doing some harm to some departments because of the order of how the department’s budgets are presented at Town Meeting. Currently the first two to three budgets are the worst. Selectman Watman said they should present all the budgets as one whole package and explain that money can be moved around. All departments would be included in the operational budget with the exception of the Library, Waste Water, and Cogswell Springs. Selectman Watman said that it does involve a change in approach to present it differently. The presentation will be broader but still volunteer all the information. Selectman French said that they need to be prepared to make all the statements.

Chairman Parker commented that during the budget last year, people were getting antsy and people asked why they didn’t just have one article for all the departments. Historically Henniker has presented each department’s budget separately. Chairman Parker said that Town Meeting is the Legislative body and that is where significant decisions that effect the departments need to be made. By doing what Selectman Watman suggests it does not give people the opportunity to support or not support certain departments. The Board discussed that they could present all the departments together, but allow the department heads to speak/defend their individual budgets.

Chairman Parker asked the Board members if there are any specific guidelines they want to give the Town Administrator.

It was discussed that included in the Executive Budget is the drug and alcohol testing. It was mentioned that they would not be testing all employees, just selecting at random. Selectman French told the Board that the Rescue Chief made a comment to him that he is not opposed to the testing, but he is worried about perception and being able to maintain a volunteer force. The Rescue Chief is concerned in mandating the testing for volunteers as if they are full time employees and they are not. If an individual has the ability to drive any town owned vehicle then they are subject to random drug testing.

Mr. Flynn informed the Board that there might be a possibility of purchasing the GIS this year.

Selectman Blomback moved, Selectman Watman seconded to approve the minutes of November 23, 2010 as presented. Passed 5-0-0

1. Old Concord Road issue – The issue has been dealt with tonight and the contract awarded.

2. Safe Routes to School – There is a meeting scheduled for 7:30 a.m. on December 16^th.

3. Crosswalk request Park St/Route 114 – The signs have been put up and not much more can be done with the request.

4. Rock ‘n’ Birch Campground – Mr. Flynn expects that something will happen this week.

6. Outstanding taxes due – Mr. Flynn said that since their discussion five weeks ago regarding this issue lots of people have paid or made agreements to pay their past due taxes and some taxpayers paid in full. They discussed that Stonehenge being in the warrant this year.

Selectman Blomback moved, Chairman Parker seconded to adjourn at 10:15 p.m. Passed 5-0-0

Members Present: Leon Parker, Chairman; Thomas Watman, Selectman; Leo Aucoin, Selectman; Kris Blomback, Selectman; Robert French, Selectman

Guests: Tom Weston, Matt Bumford, Cindy Marsland, Pete Fernandes, Michael McManus, Tim Fountain

Chairman Parker opened the meeting at 6:15 p.m. with the Pledge of Allegiance.

Selectman Aucoin moved, Selectman Watman seconded to approve the Consent Agenda as presented. Passed 5-0-0

Mr. Flynn said that it was requested, as part of the tax map budget, to have Cartographics come before the Board to demonstrate the GIS automated system. This is a request for next year’s budget, but the funding may be available for this year’s budget depending on the Old Concord Road repair cost.

Tim Fountain, Vice President of Cartographics, told the Board that they serve three hundred clients in New England with maintenance of map data. They provide a variety of municipal mapping, GIS services, parcel data, and assessment information, which can be accessed at www.caigisonline.com.

Mr. Fountain presented an overview of the GIS software and its capabilities. The maps are provided in pdf format and can show as much or as little information as the town wants. The online data can be available to the employees and to the general public, which eliminates traffic into the assessing office to request specific information. The abutters tool allows you to enter a distance surrounding the property and can also be used to obtain possible setbacks. The New Hampshire DOT recently flew over 2/3 of the state and those updated photographs will be available by the end of the year. Mr. Fountain said that Cartographics would not publish any information that the town does not want published. Cartographics can also obtain information from the Regional Planning Commission. The software also links assessments and building data on specific properties. The town will have control of updating all the GIS data, maintaining the property line data, and ownership information. When they set up the site during the review period they give the town a tool to be able to make updates. The town would have the ability to change the data everyday if necessary, but it is typically done monthly. Mr. Fountain said that the software could locate hydrants and water and sewer meters. Should the town wish to use the Vision card online service, this software links to Vision’s service and all the information can be accessed together. Mr. Fountain said there is a one time set up fee of $2,500 and a yearly maintenance fee of $1,800. They contract on a yearly basis. The $1,800 includes 800 mega bytes of information; Henniker would be roughly 400 mega bytes. The town pays $1,000 to have their Vision data accessible online. Mr. Fountain said if the town chooses to have Vision host the tax cards then they would need to pay their yearly fee or Cartographics could host the assessing cards. Mr. Fountain told the Board that a summary report of the information that the town exports, including photos and information but not a sketch of the actual footprint of the building. The property deeds can be scanned or they can link the deeds from the registry. If the town was to decide to sever the relationship with Cartographics then the town keeps the data and Cartographics closes the website. All data is owned by the municipalities.

Mr. Fountain said that they invoice the contract for $2,500 and then Cartographics has 60-90 days to turn the site over to the town. The contract is renewable annually or the town has the option of entering into a three-year agreement. Mr. Fountain said you can add or remove data, but it has to be through Cartographics up to the 800-megabyte limit of data. Information should be added or eliminated during the annual updating timeframe. Mr. Fountain said that he would be more than happy to provide a list of references.

Chairman Parker said that the Board of Selectmen and Search Committee had conducted all their interviews for the Superintendent of the Transfer Station/Recycling Center.

Item 2: Possible appointment of Superintendent of the Henniker Solid Waste Facility (Transfer Station)

Selectman Aucoin moved, Selectman French seconded to hire William McGirr at grade 21 step 7. Passed 5-0-0

Mr. Flynn told the Board that included in their binders are the motions that Selectman Watman is scheduled to make. Mr. Flynn recommends that the Board support Selectman Watman’s motions. The town gains a net of $18,710 for the buyouts and he can’t imagine the Board not wanting to support that proposal because the town wins in a buyout. The rationale for cash options is that John Stark and the Henniker School System provide health insurance cash buyouts at that rate. Annual buyouts are paid quarterly.

Selectman Watman moved, Selectman Blomback seconded that the Town of Henniker agrees to make a cash payment to any full-time employee who declines health insurance coverage and can show proof of health insurance coverage at the following rates: family plan $ 4,000, two person plan $3,000 and single plan $2,000.

It was discussed that the LGC would also require proof of other insurance. This would take effect on January 1, 2011. All general changes to the plan have to be done during open enrollment; LGC does have timeframes for certain circumstances for qualifying events.

Mr. Flynn said the discussion amongst Selectmen has been the issue of employee contributions for the health insurance plan. Mr. Flynn said that the motion that may be presented keeps the insurance coverage the same but does come up with a formula based on a survey done through other towns. The insurance rates came in with a reduction of 3%.

Currently an employee with a two-person plan is paying $7 per week, which totals $350 annually. The plan being proposed would increase the employee contribution for a two-person plan to $1,700. An employee currently on a family plan is paying $364 annually. The plan being proposed would increase the employee contribution for a family plan to $2,489. Selectman French asked if there is a way to phase in this increase for employees. Russ Roy said that the exact numbers arrived from the surveys completed.

Selectman Watman said that the normal procedure is to present a motion and then hold the discussion.

Selectman Blomback moved, Selectman French seconded that the Town of Henniker contribute 94.32% toward the cost of a single member plan, 91.91% towards the cost of a two person plan, and 89.04% toward the cost of a family plan for full-time employees.

Mr. Flynn said that he assumes that it would take effect January 1, 2011. Selectman French is concerned with the change taking place all at once. Mr. Flynn said they could amend the motion to take effect July 1, 2011. It was discussed that all employees currently contribute $7.00 per week towards their health insurance. At this time the deductions are as follows:

Selectman French feels that moving the effective date to July 1, 2011 would give the employees more time to prepare. Chairman Parker said that he is curious why they don’t use the same percentage for each plan. Selectman French is concerned with families being hit with a substantial weekly increase.

Selectman Watman said that they took the most recent data available from twelve towns submitted to the Board from Russ Roy. Selectman Watman pointed out that there are a lot of people that feel they are not expecting the employees to pay enough towards the health insurance and would prefer employees pay a higher amount. Selectman Watman feels that the numbers presented are comparable to other towns and would be fair. He understands the burden that would be placed on the employees. Selectman Watman said that his intention was to move incrementally to where they need to head.

Chairman Parker moved, Selectman Blomback seconded to amend the motion to take effect on July 1, 2011. Passed 5-0-0

Selectman Blomback moved, Selectman Watman seconded to amend the motion to make it a uniform 92% across the board for singles, couples and families. Passed 5-0-0

The motion now reads that the Town of Henniker will contribute 92% towards the cost of an employee’s health insurance plan effective July 1, 2011. Passed 5-0-0

Ms. Marsland asked why the public in attendance never had the opportunity to voice their comments.

Chairman Parker said once a motion is made no comments are taken from the public. He said that they went into the discussion, got into making motions, and he should have asked for input and he didn’t.

Ms. Marsland said anything she would have to say at this point would be null and void because the decision has already been made. She said the employees will be getting decreases in their salaries and asked if they will be getting increases in their wages. She voiced concerns with the townspeople wanting to save money and informed the Board that the employee morale is very low.

Michael McManus, a Highway Dept. employee mentioned that the step increase freeze was supposed to be through October 2010. He echoed that morale is low and hopes the Board will go after other areas of the budget instead of the employees, and feels that the townspeople should feel the cut as well as the employees. He mentioned cutting the town concert program.

Selectman French said that this health insurance change gets the town closer to what other towns are doing with health insurance contributions.

The employee said that all jobs have certain perks and working for a municipality the perk is the health insurance not the wages.

Selectman Watman said it is a horrible situation, no way to have all winners; the three motions represent an attempt to compare Henniker to other comparable towns and make judgments on the comparisons. His third motion tries to make up the difference in salaries that are low compared to comparable towns and return to those positions that are underpaid. Selectman Watman said that he understands that some employees will not be happy. The proposal keeps the insurance plan with the plan that the employees have told him that they are happy with, but have higher contributions. All towns do not have such a good policy. They are trying to treat the employees the best way they can in these times and trying to treat the taxpayers in a good way as well.

Selectman Watman said the Board does have a public forum and items that they hold public hearings on. He said that this is a business meeting and is not always open to the public for discussion. The debate is supposed to be open to the Board members for discussion, if the chair chooses can be open it to the public.

Chairman Parker said that after two or three discussion with the Board regarding step increases, there are different understandings of what the step increases are for. Mr. Flynn has an assignment to revisit the steps. Mr. Flynn said the issue is the available funding for the step increases.

Ms. Marsland asked about the reduction in the Matthew Thornton premiums. Russ Roy said that each year the costs are revisited and the deductions are different. The town provides Matthew Thornton and employees who choose to upgrade to Blue Choice plan can, but they pay the difference in the premium.

Selectman Watman said that it is obvious that the town’s salaries have become skewed.

Selectman Blomback asked about the process of the comparable numbers and if the step increases are comparable.

Russ Roy said that the information was derived from the grade, which is the high, and the low of the position and this is the information available from LGC for 2010 salary rates. Russ Roy said that they don’t know the tenure in other towns.

Selectman Watman said that the Highway Superintendent position showed up on several studies as being $14,000 less and they might be offering that position at an additional $12,000. Selectman Watman said that he asked for 1/3 of the difference and said that he is not trying to make up the whole difference. Also the proposal was intended to be funded with the changes to the health insurance plan. There is still some savings out of the whole movement and this brings up some underpaid salaries and makes them more comparable to other towns.

Chairman Parker said that none of the applicants that they interviewed for the Highway Superintendent would take the job without increasing it by $12,000.

Selectman Blomback asked Russ Roy how many other towns in the survey adopted the state contracted pay raises. Mr. Roy said none that he is aware of that follow the state tables.

Selectman Watman said that they either need to take a look at each position and job description or they need to take comparable towns with comparable type positions and try to structure a salary system out of that information. If they are talking about being competitive, they don’t know what they are competitive with. This is an attempt to get the employees and the town into a better position.

Chairman Parker said that they have a definition of a problem and a compromised solution. If they had a more thorough survey he could say that the solution to the problem would cost the town $29,500. He asked Selectman Watman why he chose 1/3 for an increase. Selectman Watman said the feeling that the public would have the same concerns raised by the Board and that 1/3 fit into what they thought they would be saving with the health insurance and still leaving the qualified employees with money.

Selectman Aucoin said that he does not see where it is that far off and asked if they have started talking about which positions are overpaid. Selectman Watman said that if they are going to increase some positions and increase employee contributions to the health insurance, he felt it was not the time to cut the salaries of some positions. Selectman Aucoin feels that before automatically giving the 1/3 increase, they should bring those individual employees in to discuss their position.

Selectman Blomback asked when comparing the salary to other towns was the health insurance, dental and long and short-term disability analyzed. Mr. Roy said that they were analyzed independently but not included within the wages. Tenure is not part of the position either. Mr. Roy said that everything that is analyzed in low and high and only reported what the town would pay. Selectman Blomback understands what Selectman Watman is trying to do, but he wants to make sure they are comparing apples to apples.

Mr. Roy said that he is concerned with the implementation of this because of the table of wages. Selectively hitting areas that are weak, but unless they are reclassifying they are stepping off the scales that are in place.

Chairman Parker said that wherever that individual is now on that step scale are they talking about adding that increase to the step. Chairman Parker asked if an employee gets this increase, they are in the middle of the scale, do they still get the step increase. Mr. Roy said that his idea was to take that increase and turn it into an hourly amount, and that would increase that grade by that hourly salary.

Selectman French said eventually the higher paid would come down to equal out as time goes on.

Chairman Parker said that he is bothered by the lack of good answers to the questions asked. The exact detail would take years. He supports doing something positive for the employees and feels that this is a step in the right direction.

Selectman French said giving the 1/3 increase at this time would give them time to look into it further.

Selectman Blomback said this would cause havoc with the wage and pay scale. He feels that they are dismantling the whole table and said that they have a great working document.

Selectman Watman said that they are being led around by a salary schedule that has not proven to be competitive. The people in Henniker don’t care about the pay scale in Concord. Selectman Watman believes it would be a good thing if the schedule died and they developed a pay scale on the surrounding town’s averages.

Selectman Watman moved, Chairman Parker seconded to postpone the discussion of this item until the next regular meeting and ask the Town Administrator to look at the previous Wage and Benefit Committee and look into starting a new Wage and Benefit Committee and come up with a charge for that committee within a two year time frame. Passed 5-0-0

It was discussed that with going with the town contribution of 92% towards health insurance effective July 1, 2011 the town would be saving $18,538. They would not be entertaining any other plans.

Chairman Parker moved, Selectman Blomback seconded that on the basis of the presentation to continue with the low bidder, which is the Local Government Center and the Matthew Thornton program. Passed 5-0-0

Item 3: Possible appointment of Superintendent of Highway Department (Road Agent)

Chairman Parker moved, Selectman Watman seconded to appoint Carl Knapp to the position of the Superintendent of the Highway Department at grade 28 step 5a with the additional provision of three weeks vacation per year. Passed 4-0-1; Selectman Aucoin was recused.

Item 5: Review and adopt minutes, public and non-public, of November 9, 2010 and November 13, 2010

Selectman Blomback moved, Selectman Watman seconded to accept the minutes of November 9, 2010 as presented. Passed 5-0-0

Selectman Blomback moved, Selectman Watman seconded to accept the non-public minutes of November 9, 2010. Passed 5-0-0

Selectman Blomback, Selectman Watman seconded to accept the minutes of the budget work session held on November 13, 2010. Passed 5-0-0

Selectman Blomback, Selectman Watman seconded to accept the non-public minutes of November 13, 2010. Passed 4-0-1; Selectman Aucoin abstained.

Selectman Watman asked when they will receive the Capital Improvement warrant articles that will cost money. Mr. Flynn acknowledged at the next meeting. Selectman Watman said that usually they like to have the budget cleaned up before Christmas. Chairman Parker is hoping to use the meeting of December 6 to finalize the budget, but it depends on the issue of the salary adjustments. Chairman Parker said since they don’t have capital expenditures and the salaries are pending he would like to take the position that they will deal with the budget in the next two meetings and have it done before Christmas.

Chairman Parker said that they signed off in the consent agenda on a different tax rate than what they had previously discussed. Russ Roy said that the goal was to zero out the appropriations on the town side and there was some discussion on whether to throw in some of the fund balance. The bottom line number did go up and the county line was adjusted. The town portion of the tax rate increased $.09 from $29.73 to $29.82 in the consent agenda because of a mistake in the calculation of the county portion. The final figure for the town tax rate is $7.40.

Chairman Parker said that they have a lot of people that only want to talk about the tax rate and not the impact on the taxes. He feels that they need to make some announcement and this press release describes the impact on a home of $250,000 and shows a $3.00 difference on the tax bill for the town portion. Selectman Blomback thinks it is great to have the press release because people focus on the tax rate in general and if they can explain and educate taxpayers before the tax bills go out it is great. Chairman Parker said that it needs to state that this is discussing the 2010 tax rate not the 2011 tax rate. The press release ignores the subject of Lot 98 and the Board is not sure if they should reference it or not. Selectman French feels that they should reference Lot 98. Mr. Flynn thinks they should not include anything on Lot 98.

Russ Roy said that he recalls a discussion at Town Meeting regarding the budget being level funded. He mentioned the fund balance and said that the idea was to identify the components, the impact of the revaluation, and the impact of additional spending. Russ Roy said that DRA said the ideal number to have in the fund balance is 5%-10%. He informed the Board that the budgets are coming in really good and he expects to return the fund balance to the 5%. Russ Roy said that they cannot expend a cent over the bottom line without requesting the over expenditure from DRA. Russ Roy said that the fund balance is representing unspent budgets and unexpected revenues.

Selectman Watman thinks that they should include a simple sentence regarding Lot 98 stating that it was a factor in the tax rate.

Selectman Blomback said that they could state that the revenues of the sale of Lot 98 have not been realized due to permitting issues.

Selectman Blomback moved, Selectman French seconded to approve the smoking ordinance as presented in section 77-8 and move it to a public hearing. Passed 5-0-0

Item 9: Mission Statement and discussion of organization of the new Solid Waste Management Committee

Mr. Flynn said he put together a Mission Statement as requested that reads as follows:

The Henniker Solid Waste Management Committee will work under the direction of the Board of Selectmen and key staff persons in an advisory role while the Selectmen consider the cost and benefits of different disposal options for the recyclables and solid waste generated by Henniker citizens. The Committee will utilize the works accomplished by the former Recycling and Solid Waste Disposal Committees and work in an objective manner that promotes collaboration and open communication among leadership, technical staff, and taxpayers alike.

Chairman Parker said that he was under the impression they would be establishing something that would move on with the Solid Waste Committee and would be making it a long term ongoing committee, this Mission Statement makes it sound like it will only last until they deal with the report from the committee.

Selectman Watman said if they want a permanent committee it should state that it is a standing committee with the direction to report to the Selectmen and would be specifically reworded to list specific things you want them to do.

Selectman Blomback commented that he feels they did everything that this Mission Statement is stating. Mr. Flynn agrees. Selectman Blomback thinks that they should solicit the town’s input at Town Meeting. Selectman Blomback feels that the committee did everything asked of them, submitted a beautiful report, and the decision is now in the Selectmen’s hands.

Selectman Watman said that the only reasonable task is to provide further financial details about Pay As You Throw and Single Stream.

Selectman Blomback suggests that they keep the committee and change the Mission Statement to set them up to survey the townspeople for tabulating the results fairly.

The Board discussed including the survey on the ballot. Mr. Flynn said that having the costs for each option would be difficult.

Selectman Blomback moved, Selectman Aucoin seconded to have the Town Administrator come up with wordage to poll the townspeople at Town Meeting and by the third week in January come up with the final language. There will be no committee. Passed 5-0-0

Mr. Flynn said there are 1,200 residents who will be receiving decreased tax bills and 800 residents who will be receiving increased tax bills.

Selectman Aucoin said he went through the Vision process on his two tax bills. They were reviewed and he was sent a new property assessment.

Chairman Parker mentioned the extension with the court case regarding Rock n Birch Campground and asked if it is still continuing. Mr. Flynn said that the proposed settlement agreement has been submitted to the Court for final ‘disposition’.

Selectman Aucoin said that the Athletic Committee is finalizing their budget and is hopeful for a lower budget than last year.

Chairman Parker said that at the Planning Board meeting a strangely laid out plan was brought forth, was accepted as complete, and a site walk scheduled. The Planning Board will be holding public hearings in December.

Selectman French said that he attended the Currier and Ives meeting and students from NEC put on a great presentation on the Currier and Ives Trail.

Chairman Parker moved, Selectman French seconded to approve the waiver of the outstanding tax bill for $1,379.78 including interest for Reginald Bourassa due to hardship. Passed 5-0-0

Selectman Aucoin moved, Selectman Blomback seconded to adjourn at 9:34 p.m. Passed 5-0-0

Members Present: Leon Parker, Chairman; Thomas Watman, Selectman; Leo Aucoin, Selectman;
Kris Blomback, Selectman; Robert French, Selectman

Guests: Chris Woodbury, Tom French, Keith Gilbert, Scott Davison, Laura Hall, Maria White, Jim Crane, Jim Schultz, Pete Fernandes, Brenda Slongwhite, Ken Levesque, Joanne LaHey, Jon Evans and Maria White.

Chairman Parker opened the meeting at 8:30 a.m. with the Pledge of Allegiance.

Mr. Flynn said that last week there were some questions regarding budget items. He informed the Board that he answered those questions in the interoffice memo in the front of their binders. Included in the memo are breakdowns of fuel costs, retirement expenses, the mod factor in worker’s compensation, and the depreciation value of assets. Mr. Flynn also commented that the Water Department does in fact get billed for items that affect their department.

Mr. Flynn informed the Board that he spoke with Anne Gould and the Election budget has been reviewed and he has received a revised budget; the revised budget dropped to the same as last year for $6,770 and reflects the need to purchase ten election booths.

Mr. Flynn said that if he were to make a recommendation on Emergency Management he would eliminate it. He cannot get an answer from the Emergency Management Director and he cannot justify the budget, because no money has been spent from the budget. The Emergency Management Director is a stipend position and she follows up with storms, but there has not been an incident to cause the funds to be used. The money for the wages will come out of the budget and the remainder will go back into the General Fund.

Mr. Chris Woodbury told the Board that they have a couple of new directors this year. His plan for the initial budget was to have a flat line budget of $42,149, which includes the field rental. He then asked all the directors for a 5% reduction to come in at around $40,000. Mr. Woodbury said that the organization is running smoothly with all sports, equipment, and uniforms. They have slowly replaced the basketball uniforms through several years. Mr. Woodbury said that only one of the maintenance expenses is being submitted this year because the Boosters Club took care of one round of fertilizing. They started the year with $2,476 and have a collected a total of $6,200 through fundraising efforts through the end of the soccer season. The money is sitting in an account that was created at Town Meeting two years ago specifically earmarked for the Athletic Committee for ongoing projects or in case they have large capital expenses that are not budgeted for. It was discussed that the recently purchased mats are used for cheerleading and wrestling and are stored at the school. Selectman Watman commended the Athletic Committee for being so well organized and the money being well accounted for. Selectman Aucoin said that the committee meetings are well run and efficient.

Combined Budget – Chief Gilbert said that there are not a lot of big changes. They have one real full time employee and two part time employees and have shifted some numbers. The overtime has decreased significantly with the two part time employees. They have two excellent people that filled one full time position saving the town $40,000. The dispatch fees have increased. They are dispatched through the Capital Area Mutual Aid Fire Compact and the dispatchers are Concord firefighters. The dispatching fees are based on a formula, which is based on the town’s asset valuation and population and is an agreement they have had for years. There have been significant increases in wages negotiated with the Concord Union for Concord Firefighters resulting in significant increases for the dispatching. Chief Gilbert said that this is money well spent, but it did increase. Their building maintenance went down. They had budgeted $3,000 last year to paint the truck bays and they received donated paint and labor so they did not spend that money. They had an energy audit last year through PSNH and they changed all the lights. Fire/Rescue Combined Budget $285,420

Rescue Budget – Chief French said that he did increase the Rescue budget to help the Town of Bradford, because they are having trouble and looking to do some cost sharing. Chief French said that this would cause relatively low impact onto their call volume. He said that he needs to make sure it is covered in the budget. The Rescue budget did increase but there is a potential for $70,000 in revenue and he had to increase some lines to account for this cost sharing. Chief French said that in case they enter into the cost sharing with Bradford he put $4,000 in his budget to cover a potential $70,000-80,000 in revenue. They will eventually need approval from the Board because it will be an agreement between the two towns. If they enter into the agreement, they would not have the money to fund it, without it being in the budget for next year. Chief French said that he is trying to do the information gathering to be prepared for Town Meeting. Selectman Watman asked if the $4,000 increase is based on a 12-month basis. Chief French said it is to replace items that they use on calls.

Fire Budget – Chief Gilbert said that the largest increase in this budget is in the training line. He would like to change their history of not providing training because of the budget. The department has never supported training other than ‘Firefighter 1’ and they need to provide training for the future. Chief Gilbert told the Board that he budgeted to get three people through Fire fighter 1 and two through Fire fighter 2 and 15 through other training. They have one member who is not certified through Fire fighter 1, but most have arrived to the department trained. Chief Gilbert said that they have a target roster of forty and they are at thirty-six.

The Highway Department bills the Fire Department to do their vehicle maintenance and it is reflected as revenue in the Highway Department budget. Chief Gilbert informed the Board that the FCC has mandated a new rule for radio transmissions to allocate transmissions for all the users. Therefore the communication line is being increased for new pagers and the need to step up his pager replacement program.

Selectman Blomback commented that the budget is increasing, but they think they can increase the department’s revenue through the Bradford exchange. Chief French said that they absolutely can and the towns pay a flat fee just to have the service available and then the billing revenue could be around $30,000 and the cost sharing revenue could be $30,000-40,000. Chief French said that they have always exceeded their projected revenue of $150,000. They do try to be conservative and underestimate their revenues and always exceed what is projected. Historically they have been above the national average for collection fees; they generally keep their rates down. They have an 80-90% collection rate because their rates are not inflated and are collecting what is reasonable. Chief Gilbert said that they do not get much revenue, but if an incident is alcohol related then they ask for restitution. Fire Budget $130,317

Mr. Scott Davison, Assistant Superintendent, told the Board that the largest increase in this budget is the road construction, which was brought back up to $90,000 because it was cut down last year to $40,000. They need a new generator at the garage, the current generator does not cover 220v and the furnace needs to be replaced. The Sewer Department generator was mentioned, but determined that it is too large for the needs of the Highway Garage. They also need new ceiling fans to push the heat back to the floor. He will not be hiring out for contract plowing; he has two 2 men who are dedicated to showing up. They do not run a waste oil furnace because they do not generate enough waste oil. Selectman Aucoin asked if he looked into if the Transfer Station had too much waste oil. Mr. Davison said that the transfer Station has just enough to sustain themselves. The sidewalk line is a substantial increase; $22,683 increases in the budget over last year. Mr. Davison said that he moved $5,000 from the vehicle repairs line to the equipment repairs line because the equipment is older than the vehicles. The tire budget went down; they had to purchase grader tires this year.

It was discussed that they won’t even touch Western Ave this year. Mr. Davison asked if they could bond the road along with the bridge. Mr. Davison said that salt went up $2.00 per ton. The sidewalk repairs line is for $42,000 for the Western Ave sidewalk and $2,000 to repair a different sidewalk. Selectman Blomback commented on the sidewalk on Western Ave being bonded. Mr. Flynn said this has been in the works for four years and was always going to be in the operating budget and has become a bigger project. Selectman Blomback feels that it is a large repair item. Selectman Watman said he asked Mr. Flynn before the meeting if there was a way to separate the road for pedestrian traffic, because the people down there are not anxious for the $40,000 cost. Selectman Blomback feels this should be a capital expense item. Chairman Parker said the federal money was to replace what was there originally and the sidewalk was not there. Mr. Flynn asked if they would prefer it to be a separate warrant article. Chairman Parker said that it is not a matter of spending it, just a question of where it is recorded.

Mr. Flynn said that he invited all the people who are involved with the Community Services budget to be present to explain their portion of the budget.

CAP Program – Laura Hall, CAP Program Director for eight towns, said that she is responsible for fuel and electrical assistance and Meal on Wheels. She does get some federal funding and the towns support her office. She does provide outreach to each of the towns every two weeks, so if a resident cannot come to Warner for an appointment CAP makes it convenient by coming into town. They also do home visits for the elderly; the other CAP offices do not do home visits. Selectman Blomback said that the way it is worded is that Ms. Hall is requesting $8,016 from the Town of Henniker and in return the Town of Henniker receives $300,000 in services. Ms. Hall said that is correct. The Henniker food pantry receives free food through her; it has a value, and comes through the USDA Commodity. Last year Henniker residents received $165,000 for fuel assistance. Ms. Hall said that there are grants available; the grant that they receive is based on income, family size, and type of housing. There are also supplemental grants. She said last year the grants were doubled. Ms. Hall informed the Board that eight towns contribute to her office based on their size; Warner pays $15,796 to her office. Fuel assistance is a federal program and is a grant that comes into the State of NH and the state disperses it to each CAP agency. She said that we all pay for the electric discount program through supplier line fees; it is a discount program and it has a value. Selectman Blomback said she has a budget of $75,000 and she is a conduit of how the federal government and state office disperse monies. Ms. Hall said that is correct, the $73,368 just runs her office and that is what each town is paying for.

White Birch Community Center – Mr. Jon Evans told the Board that he submitted a letter of request to Mr. Flynn along with a list of services they are providing to seniors using town funding. Their primary business is childcare. Mr. Evans said that they are asking for $50,000, which is the same amount they have asked for the passed four years. Mr. Evans said that they have been trying to respond to what they read last year after Town Meeting regarding the fairness issue with Henniker taxpayers paying for other seniors from out of town who utilize their services. They have been charging minimal fees to some of the participant’s for individual activities, but the $3-$4 fees are not covering their expenses. Mr. Evans informed the Board that to respond to the issue of the unfairness they decided that starting January 31, 2011 they would charge an annual participation fee for out of town residents. This is causing some problems with seniors from out of town because they cannot afford a small annual fee and they are trying to work with the towns to help those seniors with their fees. They can use their documentation from the annual fees to go to the different towns and demonstrate the value that White Birch brings to the seniors. They have been receiving a grant from the United Way for their childcare program for many years this is first year they received a grant for the senior program. Mr. Evans said that they would be continuing to look for other avenues of revenue from residents outside of Henniker.

Mr. Jim Crane said they are trying to broaden the scope of the Board in terms of the business community to increase their fundraising. They are trying to get key residents from Weare and Hillsborough to fundraise in their communities. Selectman Watman said that he appreciates that White Birch has responded to the issue. Mr. Crane said that the data would help them expand their services as well. Mr. Evans said that part of their goal is to broaden their activities so younger seniors can become part of the program. Selectman Blomback asked if they have less attendance in the winter months. It was discussed that the senior’s carpool or the center will pick seniors up. Mr. Evans invited all the Selectmen to the center for a tour. This budget does not fund the childcare program in any way. They have waiting lists for most of their classrooms because the demand is so high.

Red Cross – Maria White, CEO for the American Red Cross NH Region, told the Board that disaster relief and blood relief are their premier services. They are a conduit between military over seas and the community. They provide international tracing for people who are torn apart by war or disasters. Ms. White said that last year they served two families affected by a residential fire in Henniker and held two blood drives, which they collected one hundred-fifteen pints of blood. The American Red Cross provides health and safety classes through employers. They also provide medical careers training, which is done in Concord and requires a fee. Their services cost nothing to the families that need them. The funding request is $.45 per resident, based on the 2009 census data, they do request funding from all the towns in the chapter and throughout the state based on past disasters and population. Ms. White said that they are 96% run by volunteers, but have ten full time staff in Concord. Ms. White said the relationship between the Red Cross and towns is a partnership and they need to explain to the Selectmen what they provide to the towns. They are mandated to perform services by Congress but do not receive state or federal funding and run their budget through what they receive from the towns. Ms. White said that the American Red Cross has been asking for $.45 per resident for many years.

CASA – Joanne LaHey, volunteer with CASA of NH, told the Board that CASA stands for Court Appointed Special Advocates. They are a state wide non-profit agency and currently have over four hundred volunteers, operating out of thirty-four courts, serving one hundred sixteen children. They currently have eleven Henniker court cases open; involving fourteen children and each case takes two years. The organization is important because they provide a voice in the courtroom specifically for the children. All their volunteers work on a one on one basis and visit each child’s home a minimum of once a month to help correct situations within the home for the children. The average volunteer is from every walk of life and every profession. The money being requested goes towards administration supplies. Ms. LaHey said that they estimate needing five hundred fifty volunteers and to recruit and train volunteers requires a lot of money. Selectman Watman spoke in support of the CASA program. Ms. LaHey said that due to the nature of their work, names are confidential, and it is extremely difficult to fundraise. They receive 67% of their funding through the state and federal government. Chairman Parker said the requested $500 is a small part of the package. Ms. LaHey said that there are eleven cases currently in Henniker involving eleven guardians. This service equates to five hundred-twenty hours of time at $60 per hour, plus mileage. The $500 requested amount comes directly back into the community to recruit for volunteers. They have an overall budget of $1 to $1.5 million.

Mr. Pete Fernandes said that they are requesting a budget of $499,955, but expects this number to change because there is a meeting on November 16^th to set the final tipping fee price. The price is currently $65.00 a ton, but it could rise to $66.00 or $67.00 a ton, which could add $4,000-$5,000 to the tipping fee line. Mr. Fernandes said that he tried to go through each line item to compare to what they previously requested against what they spent with the exception of the Park’s landscaping budget, which was cut last year and the landscaping needs to be done. Selectman Aucoin asked about how not having Norton anymore affects the budget. Mr. Fernandes said it came out to be about 51% that was hauling. Norton will not be hauling anything into the Coop this year. The tipping fees are paid up front and then billed out. Demolition currently goes to Rochester. They are looking at the future to start crushing their own glass and they have a dumpster already to do this. They are also looking into separating the construction debris and sending it to another company to reduce costs. Selectman Aucoin asked if putting it out to bid again would help to reduce costs. Mr. Fernandes said that he is thinking about lumber only going into a container; not sure if it is feasible to do this or go to smaller containers and ask the townspeople to separate more. They also need to look at the fees they charge the residents. Selectman Aucoin said they need to get the containers covered as well to help reduce costs. Mr. Fernandes said they are supposed to be covering the containers and they are also looking at covering the bins for the trash.

Mr. Flynn said that this budget has been consistent for many years. Ms. Brenda Slongwhite, Welfare Officer, told the Board that there is 16% of the budget remaining, with most of the money going towards rent. She told the Board she has been working with her clients to get increased services from the state. Two of the repeat offenders come up for services in January. She provides a ceiling of $700 for a Cremation and a ceiling of $600 for monthly rent. Ms. Slongwhite said that she is trying to empower clients to participate. It was discussed that up to date $67,000 has been paid. Ms. Slongwhite said that in 2009 she helped fifty-seven people. Some people come in for one service and some come in all the time. Selectman Aucoin asked how long rent assistance could go on. Ms. Slongwhite said the state definition says as long as they are in need and the town is required to pay for the necessities of life such as shelter, food, PSNH, fuel, and $30 for an open phone line. Clients have to prove their income and she adds up the allowable expenses. Clients get a voucher for food that goes to the Harvester and she stopped distributing gas vouchers. She also works with Antrim and Deering and has a full time job as a marriage counselor. Ms. Slongwhite told the Board that she requires clients to make an appointment and sanctions them if they miss their appointments. Selectman Blomback asked if there is coordination with the CAP program and responded yes, all the time. She is the safety net, last resort, and she always asks them if they have gone somewhere else to request services. The longest that she has ever had anyone on assistance for rent is a little over two years, and those are the people waiting for their appeal to go through Social Security. When she has found welfare fraud she has filed complaints.

Mr. Ken Levesque said that a lot of their lines have been reduced or stayed the same. He did what he could to keep the bottom line down; which matches last year’s bottom line before their subsidy from the State of NH from past projects. They are hoping to get money from the state this year and if that happens it will bring the bottom line down to $482,000 and reduce the total annual bill by $20.00 for each user. Selectman Aucoin asked about Cogswell Springs Waterworks contacting him about meters. Mr. Levesque said he was involved in the process. They were waiting for the costs to come regarding the placement of meters. He said they were ready last year and someone could have made a decision not follow through. Selectman French said there was some federal money for the meters at one time. Mr. Levesque said he never heard, the meters benefit the Water Department but would be equitable for the Waste Water billing process. Mr. Levesque said it might benefit NEC the most. Mr. Levesque said that he reapplied for the NPES permit and it should be coming early in the spring next year. It was discussed that new permits bring new requirements and unfunded mandates. Mr. Levesque said that it could be as simple as monitoring for nutrients, there could be a nitrogen and phosphorus limit. He does testing quarterly from nitrogen (level 2-3) and phosphorus (level 3); he is unsure what the limits would be if they set them. Mr. Levesque invited all the Selectmen to visit the facility.

Mr. Flynn said that he invited Mr. Schultz to come in to meet all the Selectmen and present his reduced budget. Mr. Jim Schultz said that the budget went from a stipend position to being paid hourly, which is saving the town money. He is also cost sharing with other towns that he works with which has helped to lower the town’s costs. Chairman Parker asked Mr. Schultz if he has run into any problems within the town. Mr. Schultz said that the town has some really good contractors and builders with some very good projects. The projects he has seen have presented no problems. Mr. Schultz suggested that the town might want to address the rates they charge. The practice in other towns is that they charge for residential permits $.15 per square foot and for commercial permits $.30 per square foot; the town is currently charging $.08 per square foot. Mr. Flynn said that Mr. Schultz came to see him about this issue, and the fee schedule is on the table for the near future. Mr. Schultz informed the Board that New Ipswich, which is comparable to Henniker, has $12,000 in revenue up to date this year. Mr. Schultz says that he sees what other town’s charge and it is something for the Town of Henniker to think about.

Mr. Flynn said this budget never seems to change and the budget is entirely for the Memorial Day activities. Selectman French said that NEC is going to approach the town about the light poles and flags. Mr. Flynn said that the college will have to do some research, the town does have a donation policy and it would have to be accepted by the town.

Mr. Flynn said this budget went up $6,600 because of the drug and alcohol testing and the background checks on all new employees. The town would be required to do the testing on everyone eligible for the forestry truck as well. New employees would need a background check and testing and they would have to do the background and testing on all current employees. All CDL drivers are currently required to be tested. Mr. Flynn said that they need to have the funding issue taken care of before proceeding and said that the cost would come down for the following year. Other than that item the budget is flat. Selectmen’s wages come from this line as well. Selectman Watman asked if they want to start this in 2011 wouldn’t it be easier on the 2011 budget to hold over some of the service costs into the 2012 budget. The Board discussed whether it is necessary to test those who drive the forestry truck or just the larger town vehicles. There are less than twenty that are eligible to drive the larger vehicles. Mr. Flynn said this would include police officers that drive emergency vehicles. Selectman Watman said to have Mr. Flynn check to see what variations are possible.

Mr. Flynn said that the Town Office budget is a large budget, but has gone down 3% from the final cut budget last year. Selectman Aucoin asked if they are including raises in the salary line. Selectman Watman said that the budget represents an increase of 1% for everyone for twelve months. Mr. Flynn said that they are not asking for an additional increase. Selectman Watman said that the Board received the instruction to cut the budget by so many dollars last year. There is $500 in the website budget line because they need to pay to have the website. Selectman Blomback asked about committees posting their minutes.

Mr. Flynn said that based on all the information the Board has had over the 2 weeks, they are showing $39,785 less than last years budget, which is historical considering the town’s Selectmen’s budget.

Mr. Flynn said that the 2010 town portion of the tax rate is estimated to increase by $.56. Mr. Flynn said that in reviewing the fund balance with Russ Roy they are proposing to use $272,358 of the fund balance, which is currently $552,765, to get the tax rate to only have an increase of $.56. If the revaluation were not done, there would be no increase. After using $272,358 of the fund balance there will be $280,407 remaining in the fund. Selectman Watman said that when most people left Town Meeting last year they expected that they would have a flat tax rate.

Selectman Blomback said that the taxpayers are going to focus on their property value. Selectman Blomback provided the following comparison:

It was discussed that most of the difference in their tax bills will be in the school tax rate and that needs to be communicated clearly to the taxpayers. The Board will need to communicate this by focusing on the municipal budget. The sale of Lot 98 would have put the tax rate flat on the town side.

Chairman Parker said that the figure to focus on is the amount to be raised by taxation.

Mr. Flynn said if they want a flat budget they could increase the fund balance withdrawal by $194,000.

Selectman Watman said the explanation is not going to wash with the public, they are going to look at the tax rate going up or down. The school will have its own trouble, but the town will not be able to justify their issue.

Selectman Watman moved, Selectman Blomback seconded to apply an additional $194,000 of the fund balance to the reduction of the tax rate.

Mr. Flynn said that the number came from an anticipated question to Russ Roy on how much additional fund balance would be needed to bring the tax rate flat.

Selectman Watman is stating that the fund balance is $552,765 and Mr. Flynn has proposed using $272,358 of the fund balance and retaining a balance of $280,407 and now Selectman Watman is proposing to use an additional $194,000 to keep the tax rate flat.

Selectman Watman said that he feels that there is more danger in presenting a $.56 tax rate increase rather than depleting the fund balance amount. It was discussed that it is recommended to have 5-12% in the available fund balance. Selectman French said that he is concerned with the fund balance getting too low. They also need money for Old Concord Road, which is not included in the fund balance.

Selectman Blomback said that there is a net increase of $26.00 on the municipal side and he feels comfortable defending that increase. Selectman Watman told Selectman Blomback that he needs to be prepared to sell his position. Selectman Watman said it would be unfortunate to do because they could walk in to Town Meeting and sell a reasonable budget this year and gain what they lost last year with the public. He understands the concerns with the reserved fund.

Selectman Aucoin said that he sees it as the town walked out of that meeting thinking no one was getting raises, they got raises, everyone knows they got raises, now there is an increase in the tax rate and they might say the 2% increase is due to raises.

Chairman Parker said that he is going to vote against the motion because he is having trouble arriving at the figures that Mr. Flynn is presenting. He said that he has no problem using a greater number of the fund balance; they have done that in the past. It was discussed that the year before they applied $380,000 from the fund balance.

Chairman Parker said that he couldn’t figure out how to get people to focus on their tax bill and not the tax rate.

Selectman Watman thinks that a lot of people will compare their previous tax bills against the current, but not all will do that, and there will be a lot who will ultimately look at the tax rate and complain.

Selectman French said that it was stated that the tax bill would stay the same, not the tax rate.

Selectman Blomback said that if they approve Selectman Watman’s motion it only takes into account the town portion, not the school.

Chairman Parker said that he is having trouble with taking almost all of the fund balance and mentioned taking less. Selectman Blomback said they should take all that is needed to keep the tax rate flat or take nothing.

Mr. Flynn said that the Old Concord Road expense of $63,000 has been appropriated this year and does not in anyway reflect the $552,765 fund balance, which consists of money left over at the end of last year and unexpected revenue.

They would be taking from the fund balance, with the anticipation that the revenue from the sale of Lot 98 would go into the fund balance. Selectman Watman said that the sale of Lot 98 was going to help restore the fund balance anyway.

Chairman Parker said that they would need to put major emphases on the point of a $0 increase to be raised by taxation.

Selectman Watman amended his motion to read: to increase the amount to be used from the fund balance to what ever is necessary to have a flat tax rate. Selectman Blomback said that he could not second the amendment.

The Board is now voting on applying an additional $194,000 from the currently retained fund balance of $280,407 to the amount to be used to lower the tax rate and leaving $86,000 in the fund balance. Selectman Watman believes that the fund balance will be increased over a period of time regardless of the Lot 98 sale.

Chairman Parker said if they take the heat now, they wouldn’t be talking about such an increase next year.

Selectman Aucoin said at Town Meeting it was clear, based on the sale of Lot 98, that the tax rate would be flat.

Selectman Watman said part of the factor was the sale of Lot 98 and the revaluation staying the same. Chairman Parker said that at the time they did not know what that would be.

Selectman Watman said that unless they are prepared to get up and defend the tax increase, there would be considerable heat at Town Meeting. He feels that they should restore taxpayer confidence.

Chairman Parker said that by Town Meeting people would have their tax bills and they will have a better chance explaining that the tax bill is more important than the change in the tax rate.

The motion Failed 3-2-0. Selectman Blomback, Selectman French, and Chairman Parker were opposed.

Chairman Parker moved, Selectman Blomback seconded to approve the draft tax rate data to be representative of the Board to DRA stating that they will be using $272,358 of the fund balance towards the tax rate. Passed 4-1-0; Selectman Watman was opposed.

Mr. Flynn informed the Board that after the interviews the other night, some people questioned whether it was appropriate to have an exempt position at the Transfer Station.

Chairman Parker said that the selection committee conducted the Transfer Station Superintendent interviews and they are recommending that they interview the two internal candidates. The selection committee all agrees that one of the internal candidates is the appropriate candidate and that it was obvious to them that the two internal candidates are just as qualified as any outsider.

Chairman Parker said that an issue they are having is with the exempt status and not paying overtime because they would be asking either internal candidate to take a cut in pay. Selectman Watman said that he is hearing that the position cannot be exempt. He protested to the Board that this issue was assigned to the Town Administrator months ago and the information came back that it was acceptable to do so. Chairman Parker said that the problem is that it all depends on whom you talk to. Selectman Watman said he knows that in good faith they have been told that it was legal to do. Chairman Parker said from a number of sources there is some protesting that there is a magic percentage that needs to be involved with an exempt position. Chairman Parker said that the state labor department does not care; the lawyer is saying what they did is ok, but it depends on how you read the Department of Labor regulations. Selectman Watman said this came up initially during the policy revisions and they were given the information that it was a good idea to have a department head that was exempt and then they could have certain advantages that they didn’t have before. Mr. Flynn said that the lawyer said that the Highway Department is fine, but the Transfer Station is broken down differently and is a supervising position and now the lawyer’s response is questionable. Mr. Flynn said there are many other towns that do this.

Motion by Leon Parker made for Non-Public Session per RSA-91-A: 3, II (b) –Interviews

Roll Call: Leon Parker-yes, Kris blomback-yes, Tom Watman-yes and Robert French-yes

Kris Blomback moved to adjourn, seconded by Robert French. Parker, French, Watman and Blomback voted yes. Meeting adjourned at 2:21pm

Present: Leon Parker, Chairman; Thomas Watman, Selectman; Leo Aucoin, Selectman;
Kris Blomback, Selectman; Robert French, Selectman

Guests: Diane Frechette, Chris Mulleavey, Dennis McComish, Jason Michie, Bill McKean,
Jerry Richardson, Skip McKean, Cindy Marsland, Matthew Low, Ken Levesque,
Ken Koornneif, Kurt Jelineh, Tom French, Mick Costello

Chairman Parker opened the meeting at 6:15 p.m. with the Pledge of Allegiance.

Selectman Watman moved, Selectman Blomback seconded to approve the Consent Agenda as presented. Passed 5-0-0

Chairman Parker announced that included within the Consent Agenda was a letter of resignation from the Solid Waste Committee from John Kjellman. Chairman Parker thanked Mr. Kjellman for his service.

Item 2: Diane Frechette – Department of Revenue Administration – Discussion on overseeing revaluation

Ms. Diane Frechette, DRA, informed the Board that RSA21J11A obligates DRA to review the assessment process and monitor the update. They randomly select a sample set of properties to ensure accuracy of the data, sales, and building permits. The sales show the quality of the analysis, checks the measuring list and information that comes out of the sale to see if it matches up with what Vision has. They review building permits to make sure that the changes have been taking place. The accuracy of data is a percentage of properties within the whole town and they take care of the quality of data. Ms. Frechette said that the random sampling goes through a software application at their office and randomly picks properties. She sends out yellow postcards to inform homeowners that she will be reviewing their property and also allows them a two week opt out period if a homeowner does not want DRA there. Prior to the field trips that she takes, she stops by the Town Hall and the Police Station to give them a list of properties that she will be visiting along with her information so that they are aware that she is out there. Ms. Frechette said that she started the field visits, building permits, and accuracy of data checks on July 8^th and ended on August 3^rd. When she is out in the field she checks the property record card against what she measures and also takes in mind what is not picked up. Ms. Frechette said that she has to recognize what they pick up to ensure the whole town is equal. She also ensures the inside and outside measurements are what are recorded on the cards. Ms. Frechette said that she got into most of the properties, but it is not mandatory for homeowners to allow them in. She found employees at the Town Hall to be very helpful. Ms. Frechette informed the Board that she did attend most of the informal hearings, which all had light turnouts, and she did do exit surveys with most of the residents when they left the hearing. She reviewed the tax maps as she went through the fieldwork checking acreages. The in-house records, checking on current use and checking with the C1-12 forms for Stewardship still needs to be done. After the field trips she does a number of reports, after she completes the reports they go to Vision and to George Hildum and then the report is given to the Selectmen for review. Vision will be doing a USPAP Report, which helps taxpayers figure out how the appraisal was done. January 1, 2011 is the due date for Vision to get the report to DRA. The assessment review results will conclude with the 2010 ratio study and will bring the completion to May or June of next year. Chairman Parker asked at what point DRA makes judgments on the quality of the work done. Ms. Frechette said it would be included within the report.

Chairman Parker said that the proposed revisions to the Timber Ordinance are a combination of Chapter 114 and Chapter 65.

Selectman Watman moved, Selectman Blomback seconded to waive the third reading of the Timber Ordinance and adopt Chapter 114 as presented. Passed 5-0-0

Mr. Goss asked the Board who made the ordinance that four wheelers cannot be driven on Class VI roads. Mr. Flynn said that eight years ago an organization came to him and asked for permission to utilize a specific Class VI road for a year and he assumed that because they were asking for permission that permission needed to be granted. Selectman French said there is a state ordinance and to access private land written permission from the landowner is needed. Mr. Flynn said a few weeks ago they gave an individual permission to use a specific Class VI road for a certain period of time. Mr. Goss said that he has to register his vehicle, it is a Class VI road, and Fish and Game is telling them they cannot use the road. He does not understand why he has to register his vehicles and is being told where he can go and where can he ride. Fish and Game charges a fee of $124 to ride on a Class VI road, but Jeeps go up there with no charge. Mr. Goss said that they hunt and fish and have permission from landowners to access the land, but they cannot access the land because the town will not allow them to ride on Class VI roads.

Selectman French said that typically an organization such as an ATV or Snowmobile club would come before the Selectmen to ask for permission.

Chairman Parker said that he is involved in this because he is one of the people on the petition; he asked the Board if they wanted him to recuse himself.

Selectman French said there must be a written permission slip for an organization or individual to use a Class VI road. Chairman Parker would like to avoid opening up Class VI roads. Selectman French asked if it would be wise to give these individuals permission to use the Class VI road. Chairman Parker said they could have the Town Administrator research the use of Class VI roads.

Mr. Goss asked what is the sense of Fish and Game getting you to register if you can not go anywhere with you vehicle. Chairman Parker said that the registration is so that you can go off your own property and access other property that you have been given permission to access.

Selectman French asked about the possibility of establishing a Henniker ATV club. It would blanket everyone involved in that club, if there is no club they would have to give permission to each individual to access Liberty Hill, Colby Hill, and Bradford Road.

Chairman Parker said that this is an issue he is personally involved in. He said that this is not a matter of the Selectmen stating no riding on Class VI roads.

Ms. Cindy Marsland informed the Board that she has spoken to people who live on Class VI roads that have complained about OHRVs riding on and tearing up the roads. Ms. Marsland said that last spring a state agency came to her regarding vehicles going up Bradford Road and into the Barletta property; they were trying to get permission to put up a gate from Rt 114 into that property. She hears a lot about the damage to the roads and the major concern is the abuse from the OHRVs.

Selectman Aucoin asked if they could give permission to use Liberty Hill and Colby Hill Road for hunting purposes. Mr. Flynn would rather hold off before giving permission until he has chance to review the use of Class VI roads.

Selectman Watman moved, Selectman French seconded to put this issue on the agenda for the next meeting and ask the Town Administrator to provide members of the Board the laws that pertain to this situation.

Chairman Parker said that they need to consider something to deal with their approach to the town-wide situation.

Selectman Watman said that his intent was to not take any action on any request until they get enough information on how it should be done. There could be other groups or individuals trying to do the same thing. He understands the needs, but wants the decision made correctly.

Selectman Blomback moved to grant temporary permission for the individuals identified on the list as presented by Mr. Goss to access Liberty Hill and Colby Hill roads until December 15, 2010.

Mr. Flynn said it should be put into writing, including all their names, to have available to present to Fish and Game.

Selectman Blomback moved, Selectman Aucoin seconded to have the Town Administrator write a letter to give permission to the riders listed in the petition presented by Mr. Goss to use Liberty Hill and Colby Hill until December 15, 2010. Passed 3-1-1; Chairman Parker abstained and Selectman Watman was opposed.

Selectman Watman stated that he is against Chairman Parker abstaining because he participated in the discussion and should not abstain from voting. Selectman Watman feels that Chairman Parker should have recused himself from the discussion if he was not going to vote. He said that a member of the Board is expected to vote unless they were excused for a valid reason.

Chairman Parker asked Selectman Blomback to chair the meeting until the completion of the discussion.

Chairman Parker said that the majority of the Board voted and approved the motion.

Selectman Watman asked Chairman Parker to refer to the copy of the policies and procedures of the Board of Selectmen that he wrote and that were approved by the Board.

Selectman Watman said this is not the first rule that has been broken by the Chairman.

Chairman Parker read Section 5-A-5 in the policies and procedures and commented on it stating that any member may demand a roll call vote in any manner and Selectman Watman has repeatedly objected to roll call votes. The policy also states that the clerk shall record the vote by each member and that a Board member can be excused by the Board. Chairman Parker said that he had asked Selectman Blomback to take over and made a motion for the Board to excuse him from voting.

Chairman Parker moved, Selectman Aucoin seconded to grant permission, from the Board, for him to abstain from the vote taken.

Selectman Watman said that the motion should have made properly before the vote.

Selectman Watman said that there has to be a good reason to be recused and that Chairman Parker participated in the discussion.

Chairman Parker said that he is asking to be recused because of his personal involvement in the subject.

Ms. Marsland asked if the Board is going to propose to allow the usage of OHRVs on all Class VI roads or only specific roads. Chairman Parker said they would discuss that when the Town Administrator brings forth the information. The motion they are dealing with only refers to specific roads.

Chairman Parker said that Matt Low gave a very good presentation at a meeting at the Community Center that was not very well attended. Since that time they have been made aware of a serious situation on Old Concord Road. Chairman Parker said that Mr. Low would give overview presentation of what he presented on the Western Avenue Bridge.

Mr. Low said they had a meeting that lasted a couple of hours with approximately sixteen people in attendance and there were healthy discussions on the issues. They have been studying the condition of the Western Ave Bridge and ways to move forward. They embarked on the engineering study process with a funding program of 80%-20% with the government. They have been working for over a year to evaluate the condition of the existing bridge and discussing whether to rehabilitate or replace the bridge. Thorough inspections of the bridge have been done. The bridge has been in the location since 1943, the trusses that were moved from Concord date back from 1915, and the floor system was installed in 1943. In 1987 the NH DOT replaced the deck, structural members, and painted. In 2009 they did a weeklong inspection for documenting purposes. Mr. Low said they knew they would be asked what the feasibility is of rebuilding or rehabilitating verse replacing the bridge. Mr. Low said that the steel truss traps a lot of moisture and debris, and the tresses require a tremendous deal of maintenance. They found holes during the inspection and NH DOT advised the town to close the bridge. The lower part of the bridge is extremely deteriorated.

Mr. Low said that they are strongly looking at a replacement bridge and are opposed to rehabilitation. Typically when they look at preserving a historical structure they would like to maintain more than what is possible with the current bridge. Mr. Low stated that most of the structure would need to be replaced to meet the needs of the town because of the condition of the members. He said that they might not get much service life with a rehabilitated bridge verse a replacement bridge.

Mr. Low said they are currently utilizing the Patterson Hill Bridge, which was rehabilitated 10-12 years ago, as a detour; this is the main route through town if I-89 was to be closed down. Mr. Low said that if the Patterson Hill Bridge had been built differently they would not need to replace the Western Avenue Bridge and could have one smaller bridge resulting in lower costs.

Mr. Low said that they looked at replacing the Western Avenue Bridge in the current location with a four span bridge to meet hydraulic requirements, steel beam structure, concrete deck, and without raising the vertical controls on either end of the bridge. They also looked at what bridges might be available if they were to replace the Patterson Hill Bridge and single span and two span structures were presented. They have developed costs for each, they both work, and would both require new abutments on both sides of the river. Mr. Low stated that the NH DOT has this project programmed for 2015 construction funding with the construction money being available to the town in July 2014. There are significant costs ranging from $3.5 million to $6.8 million. The $3.5 project is the Patterson Hill Road alignment.

It was discussed that even with the 80%-20% program, no matter which alternative is chosen; it is a high cost to the town. The project is currently included in state aid and if the project is on the lower end of the price scale it will stay state funding only, if it grows to the higher price scale then the NH DOT will introduce 80% federal money so as not to exhaust all state funding. If the project is funded through the state then the town will have to bankroll 60% of the construction costs until the completion of the project. If the project is federally funded the town will receive funding monthly. More design work needs to be done with the federally funded program and the construction engineering costs go up with federal funding. The NH DOT makes the determination if the project will be funded through the state or federally. Mr. Low said that if funding is an issue to the town, the town could make a request to have the project federally funded. He suspects it will be federally funded. Selectman Blomback asked why a local road would be considered to be federally funded. Mr. Low said that there are funds available for this purpose and the road does not have to be part of a national highway system to receive the funding.

Mr. Low said that they are in a holding pattern and are waiting to hear from the Board.

Chairman Parker said that at the previous public meeting they discussed the problems with the Patterson Hill option because of the intersection and the significant problems on the other end of the bridge. Mr. Low said there is a 20% grade at the other end of the bridge which creates an intersection situation that does not currently exist and brush clearing and grading would need to be done and will need to be considered.

A resident commented on the Patterson Hill Bridge replacement alternative having a span of 150 ft and the Western Avenue Bridge having a span of 330 ft. He asked if it was possible to reduce the span with fill, which would reduce the cost significantly.

Selectman French commented on there only being a difference of $100,000 on the four span verse single span bridge.

Chairman Parker said that his observations would be the additional cost to keep the Western Ave Bridge the way it was with the stop sign.

Chairman Parker said that the Board needs to give Hoyle Tanner a decision on which option to proceed with.

Selectman Aucoin asked Mr. Low if he could forecast the longevity of the Patterson Hill Bridge and Mr. Low responded that he is not sure. Selectman Aucoin asked if they go with a new bridge on Western Ave would they go back and revisit the Patterson Hill Bridge. It was discussed that the intersection at Patterson Hill is dangerous and they can’t limit it to any truck traffic. Mr. Low said that they originally looked at ways to rework the area to create a new intersection and did not work out that well.

They discussed the option, brought up by a resident, to fill and close the gap of the span and mentioned that they would be looking at several years of dealing with the Army Corps of Engineers.

Mr. Low said that it is up to the Board on what is next and how they would like to proceed.

Chairman Parker said that his personal preference is to work towards the replacement of the current bridge in some form.

Selectman French said that he is concerned with extending the project and the costs increasing.

Mr. Low mentioned that the NH Division of Historic Resources asked them to comment and they determine resources and if they want to work with the Town. The next step would be to meet with the Cultural Resources Committee. They cannot force rehabilitation. A lot of time preservation means that there is historical documentation and pictures to keep in a file. They would have to meet with the Cultural Resources Committee several times before a Memorandum of Agreement or Understanding is met.

Chairman Parker asked what if, as a Board, they agree with giving a mandate to keep the bridge from having to be rehabilitated.

Selectman Blomback asked if they priced out making a new truss. Mr. Low said they never priced that out, but it would be a significant cost and would be more maintenance than a conventional structure.

Mr. Low said that the life expectancy of a new bridge is approximately seventy-five years, but would not be maintenance free.

b) Discussion Re: Old Concord Road construction issues with the retaining wall

Mr. Flynn said that two meetings ago he brought forth information about a possible sinking on Old Concord Road and the fact that there has been a gradual deterioration since a year after it was completed. The wall is not as secure as it should be and is pushing out; caused mostly by water and drainage. He met with the engineering firm that was involved in the design of the whole sidewalk, and they asked for the engineers who designed the wall to be involved. Mr. Flynn along with Chairman Parker met with both engineering firms and they were told that the engineers would come to a Selectmen’s meeting and go over their findings. They need to solve the problem, not point blame, and solve the problem for a price that is not too high.

Chairman Parker said that after looking at the wall he is concerned with the wall falling down. It was discussed that all four engineers involved see it as a dangerous situation. Chairman Parker said that when they met with the engineers they discussed that they do not have time to get the normal bidding process done before it starts snowing. Chairman Parker said that it is up to the Selectmen to make the decision of whether this is an emergency situation to be dealt with now or to take the risk of waiting until next spring and the possibility of the wall caving in. There is the potential to have Old Concord Road closed all winter and not just when there is high water. They need to decide how much risk the town wants to take; every rainstorm there is pressure building behind the wall and moving the wall.

After the Mother’s Day flooding in 2006 is when the problem was first noticed, and significant movement was noticed. Chairman Parker asked if there is something that can be done to reduce the risk for the winter. It was discussed that they could put in temporary curbing to direct the water away. The curbing could be placed right by the face of the guardrail and direct the water down the hill.

Selectman Aucoin said that Old Concord Road has gates and if they cannot fix the situation, it would be an inconvenience, but if they have to shut the gates that is what they will have to do.

Selectman Blomback asked if the engineers could provide them with a reliable temporary fix. Mr. Low said that sheet piling is an alterative, but there is also a risk with pushing it out further with sheet filing. They cannot put weight on top of the wall. There is no sidewalk on the retaining wall side. Selectman Aucoin asked about building an asphalt burm to force the water to dump off further down on State Shed Road. He knows it would be a temporary fix and if it gives way during the winter they would have to close the gate. Selectman Blomback said that he looked at the wall and said it does not look good. He does not think the town has the resources or the manpower to do the repair. He asked if the engineers have a recommendation for manpower for the contractors. It was discussed that the paving depends on the weather and the main thing is to get the top sealed so that the water is not a problem. Selectman Blomback asked if the $62,000 on the worksheet is the final costs. Mr. Low said it does not include the re-grading of the roadway. Mr. Low said that after sending the cost sheet to the town he spoke with Nobise and determined a new number to be around $50,000 based on town labor; a contractor will add on some sort of a premium.

Selectman Watman asked what the current financial analysis is on available funds. Mr. Flynn said they had enough to do the sidewalk project for $20,000 which was put off; he could have a definite answer soon and thinks it could be around $50,000-$60,000.

Selectman Watman moved, Selectman Blomback seconded that if the Town Administer can find $65,000 in the budget that they can encumber it and then waive the normal bidding procedures and request three bids minimum.

It was discussed that there will be engineers overseeing the project and on site engineering.

Nobise Engineering said that they discussed drainage and keeping the water off the area. They want to improve the profile so that the water does not collect there at all.

It was discussed that if Mr. Flynn can find the $65,000 they will go forward with the project with the engineering firms helping him with the process.

Mr. Tom French informed the Board that after their last meeting he tweaked the specs based on information from four or five bidders to make changes to put bids together based on their budget. They received one bid, which is from a company that they received a truck from before and hoped they did not have to deal with again, and the second company missed the bid. Mr. Flynn indicated that there is a procurement process. Mr. French wants to negotiate with someone that submitted a bid the first time, but did not submit a bid the second time. They are trying to buy the same truck as before. They only have one legal bid and he is not sure what the procurement policy allows him to do. Mr. Flynn said that it allows him to negotiate with any bidder, takes that as a current bidder, not a bidder that bid previously. Mr. French said that they only bid they received was from a company that they had problems with. Chairman Parker said to turn that bid down. Mr. French said that the bid specs asked for line item bids and this company did not give them line items bids; their total was for $210,251 and the town authorized $175,000. There are funds available in a two-year non-lapsing fund. Mr. French said that he has been holding off on doing $6,000 worth of motor work to the engine, has scaled back the use of the truck, and only uses it when they need two trucks. Mr. French said that the urgency is higher than ever and it takes 90-120 days to build the truck. Selectman Watman asked what the shortest period of time would be to rebid and get bids in. Mr. French said the first period they were out to bid for four weeks and the second time they were out for six weeks and only received one bid. Mr. Flynn said three to four weeks would be adequate time. The policy does not set a time. Mr. French said that in his experience he thinks the town can get a better product for lower money by negotiating. The company that they did not receive a bid claimed they didn’t know the bid was sought at that time.

Selectman Watman moved, Selectman Blomback seconded to reject the current bid for the ambulance and authorize negotiations with the two bidders that have submitted bids. Passed 5-0-0

Ken Levesque informed the Board that the Waste Water Treatment Plant is in need of an emergency generator. The current generator is thirty-four years old. They will probably put it out to bid to get rid of the current generator. Mr. Levesque said that they received four bids. There were several requests in their bid specs that were not negotiable. The low bidder put stipulations on their bid and that is why he did not go with the lowest bidder. Mr. Levesque said that they have a rolling capital reserve and have the money available to do this project. As of December 2009 they have $262,000 and this is an $82,000 project.

Selectman Watman moved, Selectman Aucoin seconded that the Board award the project to J&D Power Equipment for $81,700 for the Henniker Waste Waster generator replacement. Passed 5-0-0

Selectman Blomback moved, Selectman Aucoin seconded to approve the minutes of October 19, 2010 as amended. Passed 5-0-0

Selectman Blomback moved, Selectman Watman seconded to approve the minutes of October 30, 2010 as presented. Passed 5-0-0

Chairman Parker said he was late for the committee meeting for the reviewing of the applicants for the Road Agent and Mr. Flynn had explained to the committee what salary level they were discussing and that they were discussing a salaried position. Chairman Parker said that they were attacked by committee members saying that no one would take that job for that salary with an exempt basis. They reviewed the applications and have a recommendation to make because none of the people that they selected to interview wanted the job for the salary that is being offered. Mr. Flynn did some work on the salary ranges. Chairman Parker said that if they stay with the salary they are offering they have a candidate that is willing to work for them being an exempt employee. Mr. Flynn has a recommendation that the committee made. Chairman Parker would prefer to match New Boston’s salary, which is $62,000 plus overtime. Selectman Watman said that he is not surprised, for two years he has talked about the salary surveys being lower than their competitors. He is surprised that when the person made the motion to go in this direction he stated that it was obvious that they would be paying as much as they did for the experience that John Margeson had for a new person not having the experience that John Margeson had. Selectman Watman said that his understanding was that candidates were to be brought back to the Board, no less than two and no more than three candidates to come to the Board. Selectman Watman commented that if they are going to increase the pay they should look at what else is out there. He suggests that it would be good to see the best and the strongest of those willing to settle for less and has serious consideration about the implications for salary determinations for the next budget. Selectman Watman stated that this position is not the only one that is significantly underpaid. Chairman Parker said that the advertisement did not mention the pay. Out of the twenty-one applications, the committee selected four for interviews and those four run the range of experience and even the least experienced did not want to work for that price and the other factor was when they threw in the fact that the position was exempt. It was discussed that when looking at a salary range of $62,000-$64,000 the person in the position averaged more than $62,000 in payroll costs for the past three years. The job entails a lot of overtime and if they are taking the overtime pay away, the applicants don’t want the job. Of the three candidates that they have, one has a lot of experience.

Selectman Watman said that it is not necessary to always advertise the price. He said that when they start selecting who will be interviewed, the Town Administrator should discuss the range of the salary. It was discussed that Mr. Flynn did tell the applicants the salary and they said that they weren’t willing to work for that price, but would do the interview in case the town changed the salary.

Selectman Blomback said that the market sets the price, if the position was not advertised with any salary attached, it gives them room to negotiate. There is also the possibility of having an insurance buyout.

Selectman French asked if the other towns have additional benefits added onto that salary; $23,000 for benefits.

Mr. Flynn said that the previous department head did receive overtime. Selectmen French thinks that the numbers are skewed that they voted on. Scenario 1 shows the position being exempt; the person previously in the position was not exempt and received overtime. Selectman Watman said it was based on hiring someone with far less experience so that they could afford it. Chairman Parker said that they are not talking about $60,000 for an exempt employee; they would not be increasing the budget because that is what they spent for John Margeson. Mr. Flynn said that overtime was included in the scenario for all the other guys.

Jen McCourt, member of selection committee, said that the person they interviewed offered the scenario Selectman Blomback suggested.

Selectman Watman is dismayed that the committee would factor in opting out of benefits.

Chairman Parker said that his request to consider a $62,000 salary on an exempt basis, without talking about health insurance, would cost them the same amount as John Margeson did. Chairman Parker said that the implement of a buy out came up because the candidate proposed it. Selectman Watman said if they can find a younger less experienced candidate they could adjust the pay over a 2-3 year period. Selectman Watman said that he thought they could justify $55,000 as part of a 3-4 year approach of catching up this position as well as other positions; he is concerned with next year’s budget. Selectman French asked what if this happens on the Transfer Station side as well. It was discussed that the Transfer Station agrees with the price the town is proposing and will make sure that overtime is minimal.

Chairman Parker said that in the selection process the committee disqualified everyone except four and of the remainder there were people who were younger and not experienced and had the same reaction to the price. He does not see anything that would be gained by advertising again. Selectman Watman said so they can say they looked into younger and less experienced, so that it is worth paying whatever they will need to pay.

Chairman Parker said the number of people being interviewed can be discussed publicly, but the qualifications and pay should be discussed in non-public session. He said that he was anticipating looking at the results of the committee’s findings in non-public session.

Selectman Watman feels that the committee did not follow the Board’s intent in the process. Chairman Parker said that the committee picked three people to be interviewed, interviewed three, and found one that they thought the Board should interview. If the Board wants to interview all three they need to decide. Selectman Watman said that he is interested in comparison, and would like to interview the two that the committee feels are best. It was discussed that the committee has a recommendation of one candidate because of the qualifications. Jen McCourt stated that as a member of the committee, she was looking at cost, but appreciates Selectman Watman wanting to see a comparison. Selectman Watman said that they had a discussion to bring two candidates in front of the Board.

Chairman Parker moved, Selectman Watman seconded to change the salary offer for the Superintendent of the Highway Department to grade 28, step 5 at $62,460 on an exempt basis.

Selectman Watman said that it is obviously competitive and the candidates should be made aware that this is the maximum salary being offered.

Chairman Parker would like to call in all three applicants as soon as possible. It was discussed that the interviews will be scheduled Saturday.

Mr. Flynn said that he received a letter from someone complaining about noise on the river. It was discussed that Jim Schultz is handling this.

Mr. Flynn said that he received a letter from a resident on Chelsea Court complaining that her assessment was not high enough for rebuilding purposes; he will answer her letter.

Mr. Flynn said that he went to a productive CIP meeting with Selectman Aucoin and they asked for permission to put the roof of the Grange on that plan.

Mr. Flynn asked if the Board is interested in funding any money for the Western Avenue Bridge for the CIP, and if so, he would like a number. Chairman Parker said they have four future Town Meetings before the 80% funding from the State is available and they need to have $400,000 available for the design process, so they will need to have $200,000 put in CIP this year. Mr. Flynn said by putting it out there is only to show the need. Chairman Parker said that the Town Meeting is the Legislative body to make decisions and the $200,000 request for the Western Avenue Bridge should go before the voters to put in the CIP. Selectman Aucoin thinks they should put $100,000 into CIP. Selectman Watman said that he does not want to commit to CIP. Mr. Flynn said it would not be a commitment just a guide for CIP to go by. Chairman Parker said that the issue is whether or not they want to fix that bridge, and if they don’t get the next design phase done they will not be able to take advantage of any funding available. Selectman Aucoin said that they need to make the public aware that the Patterson Hill Bridge is not designed for the kind of traffic it has been seeing. Chairman Parker said that he is concerned with the intersection on the other end.

Chairman Parker moved, Selectman Aucoin seconded to put $200,000 in the Capital Reserve Committee Schedule to move towards the design work for the Western Avenue Bridge.

In order to take advantage of the funding in 2015 they need to have the design work done 18 months before. If the townspeople want to take advantage of the funding in 2015 they will need another $400,000 for engineering the actual design work. The estimated design costs are between $400,000 and $550,000; they currently have $50,000. The federal involvement would give them 80% back.

Selectman Watman informed the Board that it was called to his attention yesterday that they did not interview an internal candidate for one of the positions they are looking to fill. There are no procedures in place for interviewing internal candidates. He is not saying that the person involved would have been a viable candidate. Selectman French said it would be a huge moral issue. Selectman Watman believes this has caused a lot more moral issues and thinks it has hurt the department.

Selectman Watman stated that he does not dislike Chairman Parker in any way, but feels that there are policies in place that need to be followed. He apologized for his earlier behavior and the longevity of his objection.

Chairman Parker apologized as well and said that he does try to follow the rules.

Chairman Parker said there was some discussion amongst the committee members about some of the applicants that they decided not to interview. There was no consideration by the public members of the committee and no inclination to even discuss that individual applying internally. Chairman Parker said that if you give someone the recognition of interviewing him or her and they do not get the job it sometimes leads to a much larger reaction.

Selectman Watman said that the expectation could be that any internal candidate receives an interview with the Town Administrator. He feels that if an employee has been employed for several years it is a blow to morale to not have been given the chance to interview.

By consensus, the Board agreed to recommend to the Town Administration that he handle this type of situation differently in the future.

Selectman Aucoin informed the Board that the Athletic Committee received a preliminary go ahead from the federal government to go ahead with the ball field.

Chairman Parker informed the Board that there is a very positive and strong appreciated ‘thank you’ from Wayne Colby for the Selectmen’s work at the polls. There was a 55% turnout and 1,776 ballots went through the machine.

Chairman Parker said that the Planning Board is preparing and will have a hearing on several zoning ordinance changes to bring before the town.

Mr. Flynn presented the Board with a written legal opinion from the Town Attorney regarding Rock n Birch Campground and asked for their recommendation on how to proceed.

Chairman Parker moved, Selectman Watman seconded that the Board instruct the Town Administrator to inform town counsel to go ahead with the proposed draft agreement as presented. Passed 4-0-0

Selectman Watman moved, Chairman Parker seconded to enter into non-public session @ 10:10 p.m. pursuant to the authority granted in RSA 91-A: 3II for legal purposes. A roll call vote was taken, Selectman French – yes; Selectman Aucoin – yes; Selectman Watman – yes; Chairman Parker – yes. Passed 4-0-0

Chairman Parker moved, Selectman Watman seconded to adjourn at 10:18 p.m. Passed 4-0-0

Members Present: Leon Parker, Chairman; Thomas Watman, Selectman; Leo Aucoin, Selectman;
Kris Blomback, Selectman; Robert French, Selectman

Guests: Kimberly Johnson, John Kjellman, Eleanor Kjellman, Jennifer McCourt, Pete Fernandes, Cynthia Marsland, Thomas Patenaude, Lia Houk, Brian Weikal,
Gail Abramowicz, Linda Patterson, Rod Pimentel and Ryan Murdough.

Chairman Parker opened the meeting at 6:15 p.m. with the Pledge of Allegiance.

Selectman Watman moved, Selectman Aucoin seconded to approve the Consent Agenda with the exception of the item dealing with the Webmaster. Passed 5-0-0

Item 1: John Kjellman-Chair, Solid Waste Disposal Committee: Report of the Committee

Mr. John Kjellman stated that the Solid Waste Disposal Committee held an informational meeting at the Community Center on September 28^th and there were seventy-eight members of the public present. At the meeting they distributed survey forms, of which forty-three were returned. Forty-two percent of the residents voted for no change and to keep things the way there are, while fifty-eight percent of the people said they wanted something different, adding up the various other options. Mr. Kjellman said that it is hard to determine what they would want because there was no clear choice; but a lot of different ideas on what should be done. There is no direct recommendation from the committee, but it was discussed that tipping fees increased significantly last year and will continue to do so and regulations will continue to become stricter. The Transfer Station budget will continue to grow rapidly. Mr. Kjellman said the concern from some committee members was that this is not the time to go to single stream, due to the budget and they should leave things the way they are. There was no detail analysis done of any of the options. Mr. Kjellman feels the original report balances out merits of the options, with the key point being if you want to reduce taxes it is clear to have Pay As You Throw. Pay as you throw is easy and will take a lot of money off the budget; there are other towns going that way. This would be the way to significantly reduce the budget; it does not make a big reduction in the cost to the town, but shifts the cost to individual households. The elderly would save because they have less trash and people throwing away more would pay more. Single stream seems to be popular by the votes and people like not having to separate all their plastics. It would be an estimate of $120,000 to implement single stream recycling and would take three to four years to accumulate the savings to cover that investment. Mr. Kjellman said that the committee supports Pay As You Throw, start planning for single stream, and to start getting real dollar estimates. The investment in truck scales would pay back rather quickly. Mr. Kjellman said another issue for the Board to think about is traditionally all the trash was going to Penacook and Norton and Son decided to haul to Berlin to save instead of pay tipping costs at Penacook. If the Penacook incinerator gets less trash they will most likely raise their rates.

There has been some talk about possibility of licensing commercial haulers; there is an RSA that gives the authority to do so and that might help be able to legally require where they haul their trash. Mr. Kjellman said that across the country they favor incinerators over landfills. The committee feels they did the job they were asked to do. There was good participation at the meetings. Mr. Kjellman and a lot of the members are planning on resigning. Mr. Kjellman feels that the Solid Waste Committee and the Recycling Committee should be combined. A real engineering analysis and economic analysis needs to be done, but Mr. Kjellman said it was beyond the scope of the committee.

Chairman Parker said that he was not at the meetings, but knew there was a lot of heat on what to do with the town’s trash. Chairman Parker said the committee held thirty-nine meetings and commented that he was very impressed with the report and facts that were given to the Selectmen. They are currently in the process of undergoing significant changes at the Transfer Station, because of the reduction in staffing and a new director. They now have a lot of information that can be dealt with by a new leader. The report will allow them to do an even better job going forward.

Mr. Kjellman said that signage to direct where the recycling items go was of great importance to the committee.

Selectman Blomback mentioned regulating commercial haulers and said that he is curious as to why they really care where Norton and Sons takes their trash. He also asked why they would want to interfere by licensing commercial haulers and getting into the marketplace they don’t know about. Mr. Kjellman said the committee discussed it a lot, on one hand to increase recycling at the Transfer Station because there is an economic benefit to do so. He also said that if someone is using Norton and Sons it does not cost the town, it is environmentally unfriendly, but there is no cost.

Chairman Parker said that one issue they discussed is that a minority of the town’s trash actually goes to the town facility. In advocating Pay As You Throw that is the only place to enforce.

Mr. Kjellman said that Pay As You Throw might be a reason for licensing commercial haulers.

Chairman Parker said that sometime, in the not too distant future, there will be new leadership at the Transfer Station and they may get a fresh look from whomever they hire. He is inclined to absorb this during budget season.

Selectman French said that Mr. Kjellman is suggesting combining the Recycling Committee and the Solid Waste Committee. Mr. Kjellman asked that the Board not to shelve this report, but to use it as a basis to move forward and asked them to keep a committee going to keep the issue on the backburner.

Chairman Parker said there has been enough interest and enough expense involved that they have to consider the whole situation. Chairman Parker asked the Town Administrator to take a look at the mission statements of both committees and combine them into one combined mission statement. The Board agreed by consensus. It was determined that the name of the committee would be the Solid Waste Management Committee.

Mrs. Eleanor Kjellman asked what the next process from the Selectmen would be in regards to an action item coming out of the report. She asked if they will they be picking an option to present to the town.

Chairman Parker said that the Board will have some serious discussions during the budget hearings on what really needs to be funded and Mr. Flynn will work with whoever runs the Transfer Station to work towards a proposal.

Mrs. Kjellman asked if there was time in the budget cycle to form a plan for this year. Chairman Parker responded that there is time. Mrs. Kjellman asked if they could have an article to vote on. Chairman Parker said a group of citizens could put a warrant article on the ballot. Mrs. Kjellman asked how a citizen would get a feeling if the Board would dread or welcome an article. Selectman Aucoin thinks it would have to come forth from the citizens. Mrs. Kjellman does not want the report to be filed and forgotten.

Mr. Kjellman said that the committee would like to see something happen quickly. He said that Pay As You Throw had a committee and that is what they worked on and promoted for several years. It will take education, but they have a large mandate for change. The committee would not recommend taking it to the town for a vote this year.

It was mentioned that there was a strong showing for single stream at the meeting, which can be combined with Pay As You Throw and can also be done singly. It was also mentioned that if the Selectmen were so inclined there could be a warrant article to initiate engineering at the Transfer Station to transfer it into a single stream facility.

Selectman Blomback said that he is detecting that the next step to move in would be single stream and asked if it would be the best option for the town. Mr. Kjellman said that they are seeing that trend in the country.

Ms. Jennifer McCourt told the Board that DES is going slower than they anticipated. She has an amendment from their attorney requesting an additional ninety days. Ms. McCourt informed the Board that they have all the plans and the conceptual layout of the road done, which exceeded her expectation for wetland impact. They have been trying to get a meeting with DES and met with Alteration of Terrain officials regarding the road and enlisted their help to get a meeting with the Wetlands Bureau, which happened last Friday. They need to comply with new rules which impact the amount of engineering to be done to the Amey Brook crossing. This also adds time, which is why they are requesting an extension. It should take three to four weeks to produce the plans they require, DES then has seventy-five days to review the plans. She is making her best guess at the timeframe.

Selectman Watman said that he is in favor of granting the extension. Selectman Watman said that it was his understanding that there have been DES concerns with the road on the Patenaude property that is going to hook up with this road. Ms. McCourt responded that there have been no problems. It was discussed that the DES Wetlands rules say that if you are going to have an extension they want to see the entire thing, even if it is in conceptual form, therefore a hold was put on this until they could provide this plan. Ms. McCourt informed the Board that they would be combining the Lot 98 permit with the Sayce road permit.

Selectman Watman moved, Selectman Aucoin seconded to grant the extension regarding the Lot 98 purchase through January 14, 2011.

Selectman Robert French said that Attorney Drescher has requested to move it up by two weeks to close by the end of the year. McCourt said that if they get the permit they would move it up.

Chairman Parker asked about the conservation easement and Ms. McCourt informed him that she is still working on that piece.

Mr. Flynn said that by recommendation the ordinance was condensed to contain the quality of work that was suggested. The revised Timber Harvesting Ordinance is a combination of two ordinances, which Mr. Flynn would like to present, accept as first reading, and be sent on to public hearing.

Selectman Blomback commented on the designation of wetlands and asking loggers for the determination of what are wetlands. He said this is a minor issue, but asked if there is a better way to define “wetlands.”

Ms. Cynthia Marsland said that all the intents to cut and copies of maps go to the Conservation Commission and if they have any questions they contact the landowner or logger directly.

Chairman Parker said that he shares Selectman Blomback’s concerns and said they could insert “designate known or expected wetlands area.” Selectman Blomback would hate for a logger to get into a situation because he did not designate something as wetlands. Ms. Marsland said that another way to identify wetlands is the vegetation that grows there. Selectman Blomback asked if the Conservation Commission has a wetlands master list that can be referenced. Selectman Watman said they do have a general list. When an intent to cut is submitted there is usually some member of the Conservation Commission that is familiar with the land and if they were in doubt they would contact the landowner to view the property. Ms. Marsland said that there has never been a problem. She said that the foresters that do the maps know that if they need to cross a stream they have to file the necessary permits.

Chairman Parker commented on the previous regulations lasting over twenty years.

Ms. Marsland said that the current use laws have a RSA to state what wetlands are and the Conservation Commission has a totally different definition of a wetland. Mr. Flynn said that the Conservation Commission would be the one to follow.

Chairman Parker said that they need to make it clear that they don’t need a scientific study for identifying the wetlands.

Chairman Parker moved, Selectman Watman seconded to move the Timber Harvesting Ordinance to a second reading, and public hearing, and asked to take a look at the paragraph regarding designation of wetlands. Passed 5-0-0

Item 4: Discussion Relative to Employee Benefits, including Health Insurance

Mr. Flynn informed the Board that they are looking into different insurance options for calculating benefits for new employees and pay increases. The information provided by Mr. Flynn tells the Board that there are options available for benefits. He put together comparisons for the benefits as calculated for 2010, compared to 2011, which also shows the savings if the prescription plan was adopted. Mr. Flynn informed the Board that the health insurance company notified them that there will be a 3% reduction in the current plan. Mr. Flynn said that there is also an analysis of COLAs to give them an idea of possible ‘increase’ scenarios on town wages. Selectman Blomback had asked for a five-year history of the total cost of employee benefits. Mr. Flynn recommends going in to discussion to come to a plan at the work session on Saturday, November 13^th. He has started to look at other insurance company plans and will present all the information by the November 13^th work session.

Selectman Aucoin mentioned that the Federal Government is not adding a cost of living increase to social security checks this year.

Selectman Watman moved, Selectman Blomback seconded that the Town Administrator obtain competitive proposals for health benefits packages from as many organizations/firms that provide such plans to municipalities as possible. The “Request for Proposals” should include cost estimates for the current plan provided to Town Employees; include cost estimates for alternative prescription drug options (as described in the 10/14/10 Report of the Town Administrator) and also an alternative that would include higher employee co-payments or deductibles.

Selectman Watman stated that there is enough time to do the study, and even if it is for no other reason than to see what competition would bring out and to they can tell people they have tried.

Selectman Watman brought up a concern that he stated before at the last wage and benefit study a year ago. He informed the Board that in New London the Town Administrator submitted a lengthy report discussing various salary wages and benefits. One of his concerns has been that somehow, at least outwardly, some positions seem to be paid higher than what they need to pay to be competitive and other positions are not competitive and are paid much lower. He said that he has always thought that Henniker was competitive in salaries and benefits, now he is not so sure. If they have limited funds to give out for salary benefits, this information may help them with the positions that are lower than competitive. Selectman Watman said if they are more than competitive than they have reason to be. Selectman Watman commented that the Town Administrator is being paid at 88% on the competitive salaries scale.

Chairman Parker said they have discussed the wage and benefits study and he shares some of the concerns and heard a lot of different impressions of what step increases are for, as well as COLAs. Step increases are looked at just as longevity increases and COLA is something you get based on what is going on in the economy and promotions are based on job performance. He thinks they should figure out a rational way and hesitates proposing another wage and benefits study.

Selectman Blomback said he glanced at the New London article and he wonders if in showing the pay, it takes into consideration the longevity of an employee.

Mr. Flynn said he is in his 12^th year of employment with the town and when he started in 1999, he started very low and gradual increase took place each year since. His ‘pay grade’ was frozen for a year in 2007 as a result of the wage and salary committee report.

Selectman Watman said that he is not trying to say that the statistics are in fact the way it is, but that is what circulates, and Board of Selectmen ought to know where they stand. It isn’t evident that the statistics are just competitive.

Chairman Parker said they probably ought to be looking at the average pay. He said that when looking at a job there is a salary range and grade for a particular position.

Selectman Watman said that at some point in time they need to come to grips, because this is not something that cannot be postponed indefinitely. To be fair they need to know if what they are paying is competitive. Selectman Watman said that they did ask the Finance Officer to report the extremes of the positions that are really high or really low.

Selectman Blomback asked if it is possible to bring back the wage and benefits salary comparisons when Mr. Flynn brings back the next figures. The response was yes.

Selectman Watman said that two other Board members have raised questions about the overtime payments; he shares some of these questions. Selectman Watman would like to ask the Town Administrator or Finance Officer to spell out the overtime policies and how they are implemented.

Selectman Blomback moved, Selectman French seconded to approve the minutes of October 5, 2010. Passed 5-0-0

Item 6: Discussion and possible action relative to deeding tax delinquent properties

Ms. Kimberly Johnson informed the Board that this is a standard procedure that they go through every year, after the third year of being delinquent, letters go out to property owners and certified letters go out to all the mortgagees. She said there is a deed waiver that the Selectmen can sign that states there is a liability if the town was to take the property. She said that it is not her choice if a property gets taken; it is the Selectmen who make the decision to deed the property. There are thirty-six properties on the list, which is about the same as previous years. No property has ever been deeded to the town in recent years. Chairman Parker said that there are some properties, because of characteristics and attributes that they want to stay away from. There is no cost to the town, the interest will accumulate on the tax lien, and it goes on file with the town.

Selectman Watman asked at what point, if any, these properties will end up on a list to go to Town Meeting to ask the town to sell. He said that there is a potential consequence down the line if they actually take the tax deed than the amount of years they have to catch up is limited before the town can pick it up. Mr. Flynn said after three years of outstanding taxes the town can deed it over. Ms. Johnson said if the town decides to deed it over and decides to sell it within two years the previous owner has the first option to buy the property back.

Selectman Watman said granting the deed waivers is one thing, they can shrink the list, but then they end up with a list that people are not making the tax payments on. He thinks they should adopt a procedure to have someone go out and state the town would like a formal commitment made. He said that if someone is trying to make the payments, they should be given extra leeway into the future. He thinks there needs to be some way to tell the townspeople that they are trying to get people to pay what they can over a certain amount of time.

Mr. Flynn said that he agrees with Selectman Watman’s suggestion because it puts something in writing.

Selectman Aucoin said that he is concerned with once they grant the deed waiver, the property owners are allowed to not pay anything at all.

Selectman Watman is bothered that there is no formal process, because it puts Mr. Flynn into a difficult situation.

There is approximately $175,000 in delinquent taxes. Ms. Johnson needs to send out the certified letters to give property owners thirty days.

Chairman Parker said there is some property on the list that he is in favor of taking, but wants a process to be followed.

It was discussed that the issue with Selectman Watman’s motion is whether or not they send the same letter to the deed waivers on the list. Selectman Watman said that he sees no harm in sending it to them as well.

Selectman Watman moved, Chairman Parker seconded that the Town Administrator contact all property owners (other than those that the Selectmen have agreed to be “Deed Waived”) that have overdue taxes that are eligible for tax deeding via certified mail. The Town Administrator shall offer these property owners the option of establishing a written payment plan for meeting their overdue tax obligations. Such agreements shall be submitted to the Board of Selectmen for review no later than the first regular meeting in December along with the recommendations of the Town Administrator and Tax Collector as to whether they should be accepted rather than the Selectmen obtaining tax deeds on the property. Property owners that do not respond or fail to agree to a payment plan shall also have their tax-deeding status reviewed by the Selectmen at the first regular meeting in December. Passed 5-0-0

Selectman Watman moved, Selectman Blomback seconded to have two committees made up of five members each to include up two members of the Board of Selectmen and three others being members of the public or a special interest committee with the final selection of Road Agent and Transfer Station Superintendent interview committee membership to be made by the Chairman and or by the Town Administrator. Passed 5-0-0

The Board of Selectmen will meet on November 9, 2010 instead of November 2, 2010 due to the elections.

The Board discussed the shifts they will be available for the elections to be held on November 2, 2010.

Selectman Blomback reported that the Hearse house roofing project is finished and they are seeking alternative sources to get the sounding board restored.

Selectman Blomback said that he toured the White Birch Community Center with Jon Evans. He also toured the Waste Water Treatment Plant and commented that the facility is very well taken care of.

The Board discussed the item pulled from the Consent Agenda regarding the Webmaster.

Selectman Watman moved, Selectman Blomback seconded to appoint Nicole Gage as the Webmaster at a prorated shared of $1,000 over the next three months, which is $83.30 per month. Passed 5-0-0

Selectman Watman reported that the Conservation Commission meeting schedule for October 20, 2010 has been postponed.

Selectman Aucoin informed the Board that the Athletic Committee has determined that they will have a flat budget. He said that he has to follow up with Army Corps regarding building a new ball field. The soccer group would like the backstop moved; the plan is to build a whole new field with respect to getting donations. The new ball field would be located on the East side of the driveway. (Section owned by the USACOE)

Selectman French will be meeting Thursday night at the Fire Station with the Highway Safety Committee in reference to the River Road speeding issues.

Selectman French stated that he has been unable to attend any Currier and Ives meetings.

Item 9: Request for possible non-public session under Per RSA 91-A: 3, II, (d) Land Sales

The Board decided that a non-public session was not necessary and held a general discussion regarding the easement of Lot 98.

Selectman French moved, Selectman Watman seconded to adjourn at 9:00 p.m. Passed 4-0-0

Selectman Aucoin moved, Chairman Parker seconded to adjourn at 7:00 p.m. Passed 4-0-0

Selectman Blomback moved, Chairman Parker seconded to adjourn at 8:35 p.m. Passed 5-0-0

Town of Henniker

Board of Selectmen Meeting

Tuesday, September 7, 2010

Henniker Town Hall

Members Present: Leon Parker, Chairman; Robert French, Selectman; Leo Aucoin, Selectman;
Thomas Watman, Selectman; Kris Blomback, Selectman

Town Administrator: Peter Flynn

Guests: Andy Sanborn, John Kjellman, Eleanor Kjellman, Peter Fernandes, Michael McManus, Bob Pennock, Tom French, Tom Weston, Scott Davison, Matt Bumford, Brian Weikel, Joan Connor and Phil Marsland.

Recording Secretary: Cherry Palmisano

Chairman Parker opened the meeting at 6:15 p.m. with the Pledge of Allegiance.

Selectman Aucoin moved, Selectman Blomback seconded to approve the Consent Agenda as presented. Passed 5-0-0

Chairman Parker informed the public that on Monday, September 13, 2010 at 7:00 p.m. at the Community Center the Engineering and Design Company for the West Henniker Bridge will be holding a discussion with the public on alternatives they have for the bridge. They will be presenting the initial engineering and sketches for the bridge. Chairman Parker said that more money will need to be appropriated before going to the next step.

Chairman Parker said that the public hearings scheduled for tonight regarding the Discretionary Preservation Easements for two barns will involve discussion on the discount that will be given, not the value of the barns.

Public Forum

Mr. John Kjellman announced that the Solid Waste Disposal Committee will be holding an informational meeting on September 28^th to inform the public on what they have discovered. They hope to generate feedback from the community and will be advertising and sending out a mailer.

Mr. Kjellman said there has been some confusion about what is happening in terms of their trash. He said there are rumors that the town would be paying a $15 per ton surcharge on what is not being taken to the crusher. This is not true, but if the volume going to the Co-op goes down then they will be paying more in the long-term. Chairman Parker said that he heard that the Town of Hopkinton is saving money by not sending their trash to Pennacook and sending it to Berlin instead.

Andy Sanborn, running for State Senate, said that he has lived in or around Henniker for twenty-six years and has owned a house for twenty years. He has been trying to move back into town since last fall. Mr. Sanborn said that he ran for State Senate a few years ago. He is a small business owner and feels that taxing too much and spending too much is hurting the economy, and that the state is facing a major deficient. He is running to get the State Government back on track and feels that the state is taking rights away from the Selectmen to run their towns. He would like to work towards returning NH to a state that is pro-business, pro-economic and pro responsibility of the towns. Part of his plan involves the need for communication from the state to the local level and he plans on coming back to the towns every three to four months to communicate happenings from the state.

Ms. Eleanor Kjellman is running for State Representative from Henniker. She knows that the bills voted on at the State House have a direct impact on our towns. She sees the downshifting from the State to the local towns and she will be watching the things that they vote for and how it will downshift the responsibilities. Ms. Kjellman stated that she feels well prepared to go back to the State.

Item 1: Rescue Chief Tom French – Discussion Re: Ambulance Bid

Rescue Chief French said that he prepared a bid for the new ambulance and advertised for four weeks. He received one bid, which came from the company that manufactured their most recent purchase, but the bid came in over their budget. There is subjectivity built into their bid so not to always have to go with lowest bid. Rescue Chief French thinks they could have got this bid down to where it was acceptable. They decided not to accept the bid and to redefine the specifications of a new bid. The revised specifications are ready to be delivered to Mr. Flynn. He said that it is a very laborious exercise to put together a bid and recommends putting it back out for a six week bidding period.

Selectman Watman moved, Selectman Aucoin seconded to authorize the rebidding for the ambulance replacement. Passed 5-0-0

PUBLIC HEARING

Item 2: Second Reading: Approval Request for Discretionary Preservation Easements

Chairman Parker said that the discussion of approval or not of the Discretionary Preservation Easements will include discussion on the discount to be given if approved. They have two easements to deal with.

Chairman Parker opened the public hearing on the Brock Application at 6:35 p.m.

Brock Application
1,920 square foot barn and 760 square foot shed
676 Western Avenue

The entire building has been renovated and still meets the qualifications for the Discretionary Preservation Easement. There is currently only one other barn in town to hold a Discretionary Preservation Easement. There are approximately one hundred fifty barns in town and Mr. Flynn is not sure if they would all meet the criteria to qualify.

The land around the barn and the land the barn sits on is part of the Discretionary Preservation Easement.

Selectman Blomback asked about the valuation. Chairman Parker said the assessment is something else they need to discuss. Selectman Blomback wants to know the dollar amount. Mr. Flynn said that he does not know the numbers because it was not relevant to the discussion tonight. Selectman Watman said it would be good to know the amount of money they are looking at; given the economy they may want to choose to give a smaller abatement.

Each of the three criteria is worth a 25% discount with a maximum discount of 75%. Chairman Parker said that it is up to the Board to determine what kind of discount to offer and if preserving old barns is important enough to warrant a discount.

Selectman Watman said that according to the RSA it is the right of the public body to decide the amount of the discount that shall fall within a range of 75% of the full valuation and 25% of the full valuation and that the Selectmen are to consider the three factors when determining the discount.

The Board has until September 23, 2010 to respond to these two requests.

Chairman Parker said they need to be done with the process before setting the tax rate.

Selectman Watman would like to carry through the public hearing to hear public input, but feels the final decision should be postponed until the next meeting until the appropriate figures are presented.

Chairman Parker closed the public hearing at 6:50 p.m. and said that they will continue the discussion at their next meeting.

Chairman Parker moved, Selectman Watman seconded to request the assessed value of the barn and the three levels of assessment. Passed 5-0-0

Chairman Parker opened the public hearing on the Goss Application at 6:51 p.m.

Goss Application
2,268 square foot barn
674 Liberty Hill Road

Chairman Parker said that they were told by the contract assessor George Hildum, that this meets all three of the criteria.

Chairman Parker closed the public hearing at 6:54 p.m. and said that they will continue the discussion at their next meeting.

Chairman Parker moved, Selectman Watman seconded to request the assessed value of the barn and the three levels of assessment. Passed 5-0-0

Chairman Parker said that they will need to deal with the rest of the problems with old barns in town when they deal with Vision Appraisal.

Selectman Blomback wants to know how many of the one hundred fifty barns would qualify for historical significance. They are waiting for a final report from George.

Selectman Aucoin asked besides tax advantage, what other advantages are there for the Discretionary Preservation Easements. Chairman Parker said for the town to support the Master Plan and encourage the appearances of the barns.

OLD BUSINESS

Item 3: Bid award for River Road hot top overlay project

Mr. Flynn said they received three bids and the acting Road Agent recommends going with the lowest bidder, Advanced Paving at $63.48 per ton.

Selectman Watman said that for a long time he has supported the bid process, but he does not see the comparable data that shows what the bids are for the job and feels the cost per tonnage is not clear in the bids.

Scott Davison said they each gave their own tonnage price and price per ton.

Selectman Aucoin moved, Selectman Watman seconded to approve the bid process and award the bid to Advanced Paving at $63.48 per ton with a limit of 2,000 tons. Passed 5-0-0

Item 4: Presentation of recommendation of maintaining same management level for Highway and Transfer Station/Parks vs. Superintendent of Public Works for all three.

Mr. Flynn said he did a financial feasibility study on the difference between combining the positions under the supervision of the Superintendent of Public Works or keeping two department heads; one for the Transfer Station and one as Road Agent. He determined that there isn’t any fiscal change unless they reduced the employees at the Transfer Station to three instead of four. Mr. Flynn said that the Highway Superintendent is an open position and effective November 6^th the Transfer Station Superintendent will be retiring.

It was discussed that they could not add the additional duties to the Road Agent position without having Town Meeting approval.

Both departments have assistants, which can remain and report to the Department of Public Works, and personnel can be used in both departments if needed.

The entire package reduces the personnel by one employee. The savings incurred by eliminating one Superintendent position and creating a Superintendent of Public Works is $58,012

Chairman Parker said that he is surprised by the range of the salaries from the different towns.

Selectman Watman said that he is confused at the savings noted; if the new position is a full time administrator that means that something needs to be added to take care of the major job work that is being done by the person currently. He feels that the $70,000 quoted is high compared to other comparable towns and inflating the savings. Selectman Watman feels there are no comparables for the alternative of keeping with what they have and replacing people with the degree of experience they have with the town. He thinks that there might be additional savings with a new employee. Selectman Watman said that he finds the report inadequate; it talks about dollars and not about the quality of management. He would like to know the Town Administrator’s recommendation at this time and for what reason.

Mr. Flynn said that he recommends going to a Superintendent of Public Works as the chain of command. He thinks that with the new Superintendent of Public Works reporting directly to him it would mean less people to deal with making the process easier and more efficient.

Chairman Parker said that Selectman Watman’s observation is only administrative on this position, but he reads it as a working supervisor.

Selectman Watman said it seems that they tried this before and it did not work out. He feels there are things missing in terms of data, which he called to the attention of the Town Administrator, and asked how many employees supervisors in other towns supervised. He thinks they are kidding themselves by going to a full time position.

Selectman Aucoin said that Selectman Watman suggests eliminating a full time position at the Transfer Station, but he feels they should leave five employees at the Highway Department and three employees at the Transfer Station.

Selectman Watman said they need a cost analysis. He feels the figures they have been handed are stacked to come to one decision with no viable alternative.

Selectman Aucoin asked which are working supervisors and which are not. Selectman Blomback thinks it will come down to who fills the position and setting the tone of the department and their management skills.

John Kjellman said that he is in favor of leaving things as they are because small is better and said that if you start adding higher level employees it drives up costs. He likes having two separate departments and feels that work consolidation doesn’t always work as well. Mr. Kjellman said there is currently a lot of transition at the Transfer Station with Bob leaving and thinks whoever replaces him will put a new twist in the department. He thinks they should give it a year to see what happens.

John Margeson said both positions are working positions and the Board is talking about replacing those positions with an administrator. He asked who will do the work. Mr. Margeson said that in working with the crew and preparing the budget to have one person responsible for both departments is unfair. Another employee stated that they need the body there working, not just being an administrator.

Chairman Parker said there are lots of different points of view, but to have a bare bones budget to present to the public in March they have to give this a try.

Mr. Peter Fernandes said if the Board is looking for a Superintendent of Public Works because they have a problem with leadership that is one subject, but if for cost measures, he believes that the Transfer Station could be run with three employees. There would be a big savings with taking one employee out of the mix and asked the Board to give them a chance with just three employees. He commented that the Highway Department needs a body to work and do the administrative work; they are not going to find someone competent enough to do all the work.

Selectman French said that the Selectmen authorized the Highway Department to hire another employee and that has not happened. Mr. Flynn said they did advertise, received applications, but there were no suitable applicants.

Selectman Watman said any group can hang together with less manpower for a while, they are doing a good job, but in the long haul come winter time, they need someone out there.

Mr. Davison said they received three applications for a temporary job; no one will take the temporary job. He wants to go forward with a full time position.

Selectman Blomback said that this was a valuable exercise. He said what he heard clearly is for the Selectmen to get creative on how they do town business, hearing this is going to be an administrative position. The job description states splitting time 70% Highway, 30% Transfer Station, with the opportunity to save about $58,000. Selectman Blomback said they are not acting tonight, more information is needed, and the economic times are difficult.

Selectman Watman said that the citizens spoke clearly at the last Town Meeting and he does not think they ever heard they are not doing the best job for the money. He feels the misleading financial statistics need to be revised regarding the cost of the current system vs. revised. Selectman Watman feels that by replacing two experienced working superintendents, they should be able to save some money and not have to spend $70,000 for the full time position. He needs to see the difference and the real dollar and feels that the analysis is inadequate. They will need to consider if overtime is a problem with the new position or not and compare realistic figures for maintaining the current organization. The Board has not made the decision if the position will be a working department head or administrator. He thinks it will be more like a savings of $12,000 and he is not sure if it is worth the change.

An employee, who is a taxpayer as well, said that he is seeing the $58,000 savings, step increases frozen, slight raise given and that employees have to pay for health insurance. He said it seems that the budget is being balanced on the employee’s backs and asked the Selectmen if they are going to be cutting other things drastically besides employees, such as concerts and sports programs for example.

A resident commented on the combining of a Superintendent and asked about the sewer department getting paid the same as someone else that is getting paid for running one department instead of two or three. He feels that the discontent will carry on if they don’t do something.

Mr. Fernandes commented that in Weare employees are always being moved between departments and equipment is being shared. He said that Henniker has good equipment and they do a good job. Employees in other towns do not like moving between departments and the quality of work suffers. Mr. Fernandes said that the quality of work does not suffer in Henniker and they cannot be compared to other towns. He lives in Concord and said that the quality in Henniker is better and has a unique standing. He feels Henniker is looked upon by other towns as a very nice town and he sees things slipping away. Chairman Parker said he agrees, but part of the problem is the growing number of voices with people complaining about the cost.

A Highway Department employee stated that time is of the essence, they are down a guy, they need the body and it needs to come quick.

Selectman French said that he hears the body is needed, but he heard that employees have been using vacation time if there is no work. An employee stated that they can’t take their vacation days during the winter. Selectman French asked if it has happened, that employees have been using their vacation time and leaving early. An employee said they are now, but they won’t be come October 15th. Selectman Watman said if there is a question of work not getting done; it needs to go through the Town Administrator.

Selectman Watman moved to retain the same system at the Highway Department and Solid Waste Department and have a reduction of one employee effective January 1, 2011. Motion failed with no second.

Selectman Watman said that the Board will bear the burden and pay the price of not doing a good job.

Selectman Blomback said that he is looking for specific information on part time help and narrowing the net of the $58,000. Selectman Watman feels they don’t have the accurate information. Selectman Blomback feels the report is accurate. Selectman Watman said he will serve the way he feels it is right.

Chairman Parker moved, Selectman Blomback seconded that the Town Administrator try to meet the requirements that Selectman Watman is discussing on a financial analysis and make a decision at their meeting on September 21, 2010. Passed 5-0-0

Item 5: First Reading – Personnel Manual Revisions

Mr. Flynn said at their last meeting he asked the Board to move the Personnel Manual to the second reading. Lots of work has been done, they received verification from town counsel, and he feels the revisions address issues that needed to be addressed. Mr. Flynn asked that the Selectmen allow him to schedule the public hearing to get to the second phase. Selectman Watman feels that Mr. Flynn did a good job highlighting the controversial issues on the coversheet and there has been a lot of clean up on the type of employment and updating health insurance provisions, which are the potential controversial issues. There was a change on page five regarding the work week and modification to hours.

Selectman Blomback moved, Selectman Watman seconded to move the Personnel Manual to the second reading.

Mr. Flynn said that the most significant change in the document is on page twenty-three dealing with discharge, a new paragraph was inserted to clarify.

The motion Passed 5-0-0.

Selectman Blomback said that no matter what they decide for the Department of Public Works they have issues to discuss regarding health insurance. Selectman Blomback commented that there are twenty to twenty-five line items per budget, twenty-two of which were flat lined and the three that increased were payroll, benefits and retirement. Statutorily police and fire are mandated by the state. Selectman Blomback said that the main drivers of the budget are health insurance benefit, retirement, and payroll.

Item 6: Review and Adopt Public and Non-Public Minutes of August 17, 2010

Chairman Parker moved, Selectman Aucoin seconded to accept the minutes of August 17, 2010. Passed 3-0-2; Selectman Watman and Selectman Blomback abstained.

Chairman Parker moved, Selectman Aucoin seconded to accept the non public minutes of August 17, 2010. Passed 3-0-2; Selectman Watman and Selectman Blomback abstained.

NEW BUSINESS

Item 7: Discussion and decision of setting starting time for Town Meeting in March 2011

Mr. Flynn said that he is waiting for verification before sending out the official date. He said there has been discussion for several years, because of citizens concerns, about holding a second session.

Selectman Watman said up until 2005-2006 the Town Meetings were held on Wednesday evenings and a number of people complained. In 2005, Cordell Johnston polled people at the election and they were given two choices, either Wednesday night or Saturday afternoon. Chairman Parker said he remembers discussions of Saturdays and having the meeting start in the morning. All Board members agree not to go back to Wednesdays.

Selectman Blomback moved, Selectman Watman seconded for the Town Meeting to take place on Saturday, March 12, 2011 with a starting time of 1:00 p.m. Passed 5-0-0

Item 8: Request from Town Administrator to place items on Selectmen’s CIP list

Mr. Flynn said that they are running into a situation at the Grange with the shingles on the roof. He asked the same contractor that did the roof on the Community Center for a rough estimate and the contractor said that they could go another year beyond 2011 but the roof would require some work around the steeple area. Mr. Flynn is asking the Board for permission to put the Grange roof on the CIP schedule for 2011.

Chairman Parker moved, Selectman Watman seconded to approve the Town Administrator putting the Grange roof project on the CIP plan for $25,000. Passed 5-0-0

Performance of Vision Appraisal and assessment of the barns.

Chairman Parker said that when Lucy Davison applied for a Discretionary Preservation Easement the town assessor went out and changed the classification of her barn, which increased the value. When the two recent applicants applied for the easement, the town assessor did the same thing to them and the combination unleashed a firestorm. Chairman Parker said that Vision Appraisal has consistently categorized as single story barns with lofts, whether discriminating or not, this has caused trouble. A meeting was held with George Hildum, Vision Appraisal, Mr. Flynn, and Chairman Parker who demanded that everyone be treated equally. As a result of the meeting, George Hildum and Vision Appraisal went back to review the barns again. Chairman Parker said he asked Mr. Hildum and Vision Appraisal for a specific reference to the description that Mr. Hildum was applying and did not get anything back from Vision Appraisal. Mr. Hildum’s response to Chairman Parker was that the authority for the new description of the barns was common sense and good judgment and that the town pays him for his common sense and good judgment. Chairman Parker said if the classification of the barns was left alone they would not have a problem because what Mr. Hildum is doing is upping the assessments, which were triggered by these requests. Mr. Flynn said that anyone has the opportunity to seek abatement and challenge Mr. Hildum’s interpretation at the state level. It was discussed that George Hildum’s monitors Vision’s work, Vision has the final say and DRA has the final decision on the whole process. Selectman Watman said there should be some rationale ruling for the decision, not just common sense and expertise. He asked what the standards are that are being applied. Selectman Aucoin asked if they can override George’s decision and end the process. Chairman Parker said that he is concerned with the barns that historically have been used as single story with a hay loft.

Chairman Parker moved, Selectman Watman seconded to order the town assessor to go back to the classification of barns that Vision Appraisal has historically used. Passed 5-0-0

Selectman Blomback left the meeting at 8:30 p.m.

In the Consent Agenda was an extension, to DRA, for submitting the MS-1 report to the State.

Mr. Flynn said that he called the President of Vision Appraisal’s office and was referred to Dave Arnold. Mr. Arnold had no real excuse for not getting the tax rate set by the new date and said they are doing the best they could. They lost two key employees and to speed up the process would make it prone to errors and they want to get it right. The only thing affected is setting the tax rate and instead of it being set by the middle of October it will be November. The contract lists a completion date of September 17^th and states $100 per day fine for delay of completion. The Board feels the contract has been blown. The Town Administrator would like the authority to have town counsel review the contract before he imposes the $100 per day fine. Chairman Parker said the other problem is that the tax payer group organized is raising significant issues and knew about the problem with Vision Appraisal before the Board of Selectmen did.

The Board’s consensus is that it will cost Vision Appraisal $100 a day for every day beyond the original contract date.

OTHER BUSINESS

Item 9: Town Administrator’s Report

NEW UPDATES

Crosswalk Request Park St/Route 114 – Received a letter from DOT that provided a not so favorable response, they offered to meet on September 15^th 9 a.m.
Rock n’ Birch Campground – Received correspondence which is delaying the appointment for tomorrow’s court date; trying to make things work for both sides.
Western Avenue Bridge – Public presentation at the Community Center on September 13^th.
Lot 98 Purchase Proposal – Waiting for plan before putting together the deed; moving along.
Western Avenue Culvert – Scheduled to be resurfaced very soon.
Hiring of New Building Inspector – The interview process was started.
Revisions to Employee Handbook – Received and has been moved along to the second reading.

ONGOING

No Smoking Policy at Town Hall Baseball Field – This will be a winter project.
Safe Routes to School – Mr. Flynn is disappointed with DOT not notifying them yet as to whether they will receive the $15,000 grant; they are not the only town waiting.
Solid Waste Disposal Committee Report – Public meeting at the Community Center on September 28^th.
Old Warner Road Application – Action still dependent on the completion of the sale of Lot 98. Selectman Watman said they should ask the Town Administrator to contact the applicant and commented on them being turned down by DES on their application for approval of work done on their other lot..
Athletics for Youth Committee-Study Committee for Recreation Director – Appointed an additional member tonight; three new members are needed. Mr. Flynn will contact Marc McMurphy.
Energy Committee-Grant Proposal – Still waiting to get a signed contract.
Individual Department Head Superintendent (Highway and Solid Waste/Parks vs. Public Works head over all three – study) – Discussed tonight.
Drug and Alcohol Policy for Non-DOT Employees – Mr. Flynn said they are holding off on this until the other situation is dealt with.
Revaluation Schedule – Discussed.

Mr. Flynn said the sidewalk on the Western Avenue culvert had to get additional information regarding DES requirements for water runoff from Mark Mosher. There is a possibility that some kind of small retaining wall in the area will be needed and they do not know the cost. Apparently this was discussed a year ago, with the engineer and with previous Highway Supervisor. Mark Moser is checking with the engineers to see if the wall is a necessity. Mr. Moser’s fee for the work will cost $2,200-$2,700 and there could be additional costs for the wall itself. Selectman French asked if this is a change because of DES. Mr. Flynn said no, it’s because they decided to do the sidewalk, needed the permit for the sidewalk and they need to have a place for the water to go. Selectman French is concerned with whether they missed something and asked why there is after the fact engineering being done. Mr. Flynn said they are trying to review many pieces of the communications in the past year from meetings Mr. Moser had with the Highway Agent. Because of the lack of continuity at the Department Head level, it has been difficult to plan this part of the project due to it’s not being on the schedule at all this year.

Chairman Parker mentioned the tax scenarios put together by the Town Administrator. Mr. Flynn said it basically says that if they don’t get the funds from the sale of Lot 98 and they use the fund balance they can still keep the tax rate current, but there would be a reduction if they do sell Lot 98.

Mr. Flynn mentioned CIP and said that they may have to look at bonding again.

Item 10: Selectmen’s Reports

Selectman French mentioned the ATV trail usage discussion in Warner. Chairman Parker said that Warner put off the discussion; they will need to check the minutes of that meeting.

Selectman Aucoin said that if Pete Fernandes thinks they can do the work with three guys at the Transfer Station, then let them and if Scott Davison doesn’t want the supervisor job at the Department of Public Works that is fine.

The Board discussed that they need to resolve the issues and get supervision/leadership for the Highway Department as soon as possible.

Chairman Parker said that he and Selectman Blomback attended an election training session in Concord.

Selectman Watman moved, Chairman Parker seconded to adjourn at 9:20 p.m. Passed 4-0-0

Town of Henniker
Board of Selectmen Meeting
Tuesday, August 17, 2010
Henniker Town Hall

Adopted Minutes

Members Present: Leon Parker, Chairman; Robert French, Selectman; Leo Aucoin, Selectman

Town Administrator: Peter Flynn

Guests: Mike Pon, Steve Connor, Tom Weston, Scott Davison, Ryan Murdough, Nicole Gage

Recording Secretary: Cherry Palmisano

Chairman Parker opened the meeting at 6:15 p.m. with the Pledge of Allegiance.

Selectman Aucoin moved, Selectman French seconded to approve the Consent Agenda as presented. Passed 3-0-0

Chairman Parker stated that Kris Blomback and Tom Watman were excused from tonight’s meeting.

Public Forum

Item 1: Road Management Committee Report – Steve Connor

Mr. Steve Connor told the Board that the Road Management Committee was formed five years ago and before that the town had no record as to what had been done to the roads. He presented the Board with a report listing every road in town. There are ninety-one miles of road in the Town of Henniker of which forty-nine miles are paved, forty-two are gravel, and nineteen miles are class VI roads. The report goes back to 1999 and is projected out for the next three years. Mr. Connor said that there have been three major floods since the start of the Committee that have disrupted the town’s road plan. The Committee’s outlook is to do an update at the end of the year on what has been done for the year for road improvements or culvert repairs.

Chairman Parker suggested that the report be filed somewhere where it can be accessed.

It was discussed that the information in this report will be given to the Capital Improvement Committee to use for planning.

Selectman Aucoin commented that everything is based on 2009 numbers. Mr. Connor said it is also based on the distance of repairs and timeframes. Selectman Aucoin asked if the numbers are easily changed. Mr. Connor said if the price of oil goes up, it would change the price of paving.

Chairman Parker said there has been controversial discussion on whether the dirt roads should be hard topped or not, but lately he has heard more about going back to the master plan and keeping the roads gravel. Mr. Connor said the Committee did discuss that because some towns are going back to gravel because it is so expensive to pave.

Mr. Flynn thinks the Committee was looking for direction from the Board on whether they want the Committee to meet at the end of the year.

Chairman Parker moved, Selectman French seconded to accept the report as submitted by the Road Management Committee, establish the Committee as a permanent committee, ask that they continue to support the Town Highway Director and meet as needed to keep track of road management or possibly after a major storm event. Passed 3-0-0

Selectman French asked that the Committee meet before budgetary times to get a final plan together.

Chairman Parker asked that the Committee meet early enough to get information to the CIP.

OLD BUSINESS

Item 2: Building Inspector/Inspection Procedure – Cost Analysis

Mr. Flynn said that at the June 20^th meeting of the Board of Selectmen he tried to finalize the job description for the Building Inspector. The advertisement was already in the papers, but the process of hiring a Building Inspector was put on hold at that meeting. They had discussed the New London model and Selectman Blomback commented on that being interesting and requested more information. Mr. Flynn said he was directed to go out and get comparisons and cost analysis. Mr. Flynn said without the Building Inspector they would save $12,500 out of a budget of $17,000. Mr. Flynn, along with Nicole Gage, researched other towns, the Fire Marshall’s Office, and statistics on the building permit process. He originally felt that the town did not need a Building Inspector, but the research has brought him to the conclusion that they do. Mr. Flynn said that even though the RSA mentions that the Fire Marshall can tell you whom to contact, they do not have people to help you. As a result of the advertisement for a Building Inspector he has received six applications, one of which is very well qualified, works in a neighboring town and does an excellent job. He recommends not going into the New London model and said that the New London Fire Department only does commercial inspections.

Chairman Parker mentioned that in 2008 the townspeople overwhelmingly voted against designating a designee for the Zoning Ordinance and Zoning Ordinance compliance, which extends confusion over the state codes of residential housing. Chairman Parker said that he does not know what it takes to sort it out. Mr. Flynn said it would take the Planning Board zoning change asking if the town wishes to adopt the international building code. Mr. Flynn said that they have had a designee for fifteen years and they have been able to work well with that designee.

Selectman Aucoin said that he still thinks there is a better way out there than what they are doing. He said that the Building Inspector provides people to go out and hire a cheap contractor and have the town point out that there are mistakes. He said there is liability with doing things right and struggled with the last Building Inspector.

Mr. Flynn said they went back to the drawing board to see if there are alternatives, but having a proper designee will bring confidence back from the town.

The town had voted 2-1 (321 to 164) against having a building code adopted by the town.

Selectman French asked if the town voted not to have that person.

Chairman Parker said it had to do with giving more authority than that person had and that building inspections should be mandatory.

Selectman French asked Mr. Flynn how it has been without having a Building Inspector.

Mr. Flynn said that Nicole Gage has revamped the permit process and people are used to that, but now getting a building permit it is very difficult. Mr. Flynn and Mark Fougere have been out there doing inspections. Mr. Flynn said if they make a decision to not have this position it would be a disservice to the town. The process is set up very well now but without a Building Inspector there would be no sense in getting a permit or charging for the permit.

Chairman Parker mentioned the ‘certificate of occupancy’ permit and the email they received from the state stating that if a resident needs an occupancy permit to satisfy their mortgagee then the town and state can’t do it.

Selectman French asked what is required to get an occupancy permit. Mr. Flynn said they have to pass all the inspections leading up to the finish. Selectman French asked if they need to have a Building Inspector sign off to get an occupancy permit or would the owner have to call the Fire Marshall’s office and get a list of there are inspection certain companies that are recommended by them. Mr. Flynn said the list they found at the Fire Marshall’s office only does commercial properties. The Board discussed that for homeowners to currently get an occupancy permit, Mr. Flynn would have to sign off on and he is not qualified in that area. Selectman French said if they don’t hire a Building Inspector they are not allowing homeowner’s to get occupancy permits.

Nicole Gage stated that the jurisdiction for the State Fire Marshall is only commercial and all the contractors they have listed specialize in commercial code.

Selectman Aucoin said if they do not have a Building Inspector and a bank requires that a homeowner get an occupancy permit the homeowner would have to find an outside contractor to issue one. Chairman Parker said that in reading the email to Nicole Gage from the Fire Marshall’s office it raises that the town may have a legal obligation. He also commented that the point Schultz is making is that there is a responsibility that the town may not be upholding; particularly if they see the economy turn around and building picks up they will be in a situation.

Selectman French said that he is all for saving money, but they could be doing disservice to the town by not spending that money to hire a Building Inspector.

Chairman Parker moved, Selectman French seconded to authorize the Town Administrator to move forward with the process of hiring a Building Inspector. Passed 2-1; Selectman Aucoin was opposed.

Chairman Parker addressed the issue of the town not being in compliance with the state’s adoption of the International Code.

Item 3: Review and adopt public and non-public minutes of July 20, 2010

Chairman Parker moved, Selectman Aucoin seconded to approve the non-public minutes of July 20, 2010. Passed 3-0

Chairman Parker moved, Selectman Aucoin seconded to approve the minutes of July 20, 2010. Passed 3-0

Item 4: Request from Town Administrator to forward revised Personnel Manual Revisions for a First Reading

Mr. Flynn said as a result of a year’s work by Selectman Watman, Russ Roy and himself in getting information from town counsel to rework the town’s Personnel Policy they are finished. He is asking for a vote to put this on the agenda for a first reading and then hopefully get a second reading, which would be a public hearing.

Chairman Parker moved, Selectman French seconded to move the Personnel Manual Revisions to a first reading for September 7, 2010. Passed 3-0

NEW BUSINESS

Item 5: Award of Western Avenue Sidewalk bid

Mr. Flynn said the sidewalk will be next to the culvert being worked on Western Avenue and the low bidder was Capital City Paving with a bid of $27,900, with all the other bidders being close. Mr. Flynn said that he received commentary from Scott Davison stating that it would be worth extra the $2,000 to go with Hopkinton Forestry because they are already working on the paving, curbs, and guardrails. Chairman Parker said if they could go with the same company for almost the same price it might help with scheduling problems and the integration of the entire project.

Chairman Parker moved, Selectman Aucoin seconded to accept the bid from Hopkinton Forestry for $29,900. Passed 3-0

Selectman Aucoin asked who is overseeing the project. Mr. Davison said it would be him.

Selectman French asked about the material that is there, which is not being taken out, he is concerned with a sink or a rise. Mr. Davison said they are adding longer wing walls to aid with the issue.

Item 6: Discretionary Preservation Easement Applications Regarding Broek and Goss-Initial Review Process before directing a public hearing.

Chairman Parker mentioned that he is a neighbor to a person that this discussion includes and asked if he should recuse himself. It was discussed that Chairman Parker has nothing to gain, so there is no need for him to be recused.

Chairman Parker said that there is no recommendation on the amount of the discount that should be given. Mr. Flynn said it would come up at the public hearing. Chairman Parker would like to know how the decision of the Discretionary Preservation Easement is made.

Chairman Parker moved, Selectman French seconded that they move the issue of these two requests for Discretionary Preservation Easements to public hearing to be held at the next Board of Selectmen’s meeting. Passed 3-0

Chairman Parker said he is supportive of preserving old barns. He does have an issue with Vision Appraisal and George Hildum being on the same page and asked to have them come up with a description and requested that Mr. Flynn ask George to do the same thing. He feels with the description being recorded it will eliminate discriminating against those people asking for an easement; he is concerned with everyone being treated equally and fairly in this process.

Item 7: Overview of YTD Budget and Revenues

Mr. Flynn informed the Board that they are beyond 50% of the year and have 50% remaining in the budget. The only red flag is the legal budget, which is over, due to a major personnel issue and two lawsuits they have had. He said that the line will get higher but the bottom line budget is in good shape to cover it. Chairman Parker mentioned the Planning Board having $3,000, which could be contributed, if necessary, at the end of the year. Mr. Flynn said that the Lot 98 issue also expended some of that money from the legal budget.

Selectman Aucoin asked if there will be a surplus or is it clear that the entire budget will be used. Mr. Flynn said he anticipates that they won’t spend every dollar that was approved and commented that everyone is focusing on money within their budgets.

Mr. Flynn said at the next meeting he might have a possible projection on the tax rate after reviewing the reevaluation results.

Item 8: Annual Appointments to Town Committees and Boards

Mr. Flynn said they were successful in finding applicants for the Budget Committee.

Chairman Parker commented on not being able to find anyone to sit on the Capital Improvement Committee. Mr. Flynn said that people have been discouraged with the actions of that committee.

Emergency Management Committee has provisions for two applicants, but they have none. Chairman Parker asked if they should make it a priority to find applicants. Mr. Flynn said he would try to encourage individuals. The Emergency Management Committee coordinates with the state and the police during emergencies and has an Emergency Management Director.

Chairman Parker moved, Selectman French seconded to appoint all of the individuals on the list. Passed 3-0

Item 9: First Reading – revision to the “Requests of Legal Inquiries or Opinions from Town Counsel Policy”

Chairman Parker informed the Board that he received an email from Selectman Blomback stating he would like the Board to make a motion to limit individual Selectman from going to the town attorney without voting. Chairman Parker spoke with Mr. Flynn and there is a policy on legal inquiries and he feels that the appropriate thing to do is to modify the policy. The change would state that no member of the Board of Selectmen should direct the Town Administrator to seek an opinion from Town Counsel without the permission from the Chair and/or the majority of the Board. Chairman Parker said the Town Administrator clearly has the authority to seek legal opinions. Chairman Parker said he also received an email from Selectman Watman regarding his request for a legal opinion. Selectman Watman’s correspondence stated that he can support some clarification of the current policy on seeking legal advice and suggested that they consider requiring a Board vote on any request for legal opinions from the Town Attorney. Chairman Parker said the policy on policies that the town generated has a process that outlines having to go through a variety of hearings; they have repeatedly waived subsequent hearings, and taken action as a Board. Chairman Parker thinks they do not need a lot of public input on putting limits on themselves.

Chairman Parker moved, Selectman Aucoin seconded to waive the rules of section 1.1,2 and 3 of our general policies and accept the proposed amendment to section II.6 regarding legal inquiries, and make it effective immediately, adding to section 3 the phrase “No member of the Board of Selectmen shall direct the Town Administrator to seek an opinion from Town Counsel without the permission from the chair and/or the majority of the Board. Passed 3-0

OTHER BUSINESS

Item 10: Town Administrator’s Report

New Updates

Crosswalk request Park St/Route 114 – Mr. Flynn has been in contact with Mr. Lambert from DOT; he is trying to get appointment for Bill Christiano of NEC to walk the two requested crosswalk sites.
Rock ‘n Birch Campground – Currently in litigation.
Western Avenue Bridge – Nothing new to report. The presentation will be held at the Community Center on September 13^th, an ad will be put in paper to notify residents and employees. Design renderings of the bridge will be presented at the meeting.
Lot 98 Purchase Proposal – Mr. Flynn said that he had a conversation with Jen McCourt, they are moving along, walking the road and planning. He is waiting for a check.
Road Management Plan Committee – Results were given tonight.
Western Avenue Culvert – Currently under construction, pre-construction meeting was held on August 11^th.
Hiring of New Building Inspector – Discussed already.
Revisions to Employee Handbook – Discussed already.

Ongoing

No Smoking Policy at Town Hall Baseball Field – Mr. Flynn said he would discuss this again in the spring.
Safe Routes to School – Mr. Flynn said he still has not heard if they will get the grant.
Solid Waste Disposal Committee Report – Have received the report. The public meeting is September 28^th.
Old Warner Road Application – Class VI road application put on hold until such time that Lot 98 has been disposed of.
Athletics for Youth Committee Study Committee for Recreation Director – They are waiting to get 3-4 members and will be reporting by the end of the year.
Energy Committee - Grant Proposal – They need to get more information to the Federal government.
Individual Department Head Superintendent – for Highway and Solid Waste. This will be in a report for the September meeting.
Drug and Alcohol Policy for Non-DOT employees – The policy he has worked on is only for informational purposes at this time. The big factor is the $5,000 expense of implementing the policy. This policy will involve everyone driving a town vehicle.

Mr. Flynn said he has received notification from the Town of Hopkinton that it is time to walk the town border. He would need direction from the Board for him to implement walking the border. By consensus, the Board agreed to have the Town Administrator move forward.

Chairman Parker said they are closing down courthouses in the state and it will affect municipalities. Mr. Flynn said that he is waiting for a letter from the courts for the town to make up that rent.

Class VI Road use of ATV – Chairman Parker said they are meeting on the same night that Warner is holding this discussion; they need to discuss what they will do if Warner approves ATV usage up to the town’s border.

Chief Murdough said he has received correspondence from two residents in that area who have concerns with their property. He is concerned with this trail being detrimental to the property up there and said that he would be against it. Chief Murdough said that his impression is that this part of the trail is crucial to the entire trail.

Chairman Parker said that Warner is taking action tonight and if they don’t open it up it doesn’t matter.

Selectman Aucoin said there have always been riders up there and it is unfortunate if they close it to one they have to close it to all. He said this could become a major issue.

Selectman French is concerned with the trails being closed to everyone, even snowmobilers. There is currently no clear policy.

Mr. Flynn said 5-6 years ago the Selectmen gave permission for one year, subject to renewal.

Chairman Parker commented on currently being able to drive ATVs on Class VI roads. Chief Murdough said that Fish and Game might issue a ticket.

Selectman Aucoin said he would like to get it so that upstanding people can come in to get permission to ride these roads; he hates to see upstanding people lose out.

Chairman Parker commented on enforcement and said it is a subject for further discussion. Mr. Flynn will find out how Warner voted on the issue.

Mr. Flynn said that the Board would be holding Budget Workshops from 8:30 a.m. to 11:30 a.m. on Saturday, October 30^th and Saturday, November 13^th.

Item 11: Selectmen’s Reports

Chairman Parker said that the Planning Board adopted the new excavation policy and procedure guidance, which is a substantially reduced document from that of the past. The summary of document is “see state RSA 155E”.

Selectman Aucoin apologized for missing the Athletic Committee Meeting.

Item 12: Non-pubic session Per RSA 91-A: 3II (c) Legal

Chairman Parker moved, Selectman Aucoin seconded to enter into non-public session @ 8:10 p.m. pursuant to the authority granted in RSA 91-A: 3II (c). A roll call vote was taken, Selectman French – yes; Selectman Aucoin – yes; Chairman Parker – yes. Passed 3-0-0

Board came out of Non-Public at 8:30 pm.

Mr. Parker moved that the Board continue the employment of Peter Flynn as Town Administrator and renew the Employee contract through July 1, 2011.

Seconded by Robert French.

Mr. Parker-yes, Mr. French-yes and Mr. Aucoin-yes

Motion passed.

Mr. Parker moved to adjourn-seconded by Mr. Aucoin

Motion carried 3-0 to adjourn at 8:32pm

Town of Henniker
Board of Selectmen Meeting
Tuesday, July 20, 2010
Henniker Town Hall

Members Present: Leon Parker, Chairman; Thomas Watman, Selectman; Leo Aucoin, Selectman;
Kris Blomback, Selectman Vice Chairman, Bob French Selectman

Town Administrator: Peter Flynn

Guests: Wayne Patenaude, Jennifer McCourt, Scott Davison, Tom Weston, Michael McManus, and Brian Weikel

Recording Secretary: Cherry Palmisano

Chairman Parker opened the meeting at 6:15 p.m. with the Pledge of Allegiance.

Selectman Aucoin moved, Selectman Blomback seconded to approve the Consent Agenda as presented. Passed 5-0-0

Public Forum

Selectman Blomback recused himself at 6:17 p.m.

Jenn McCourt presented the Board with a new Purchase and Sales Agreement. She informed the Board that there are two changes from the copy she received from Peter Flynn. The changes are in Section 2 and Section 3 based on the email received from John Kjellman; they are basically splitting the price between both. In Section 5 they changed the date; she cannot have a plan put together in less than 60 days.

Wayne Patenaude said that if there was any attempt that the current assessed value was going to be used it wouldn’t have said $200,000 or $250,000 whichever was higher. He said that it could not have been anyone’s attempt or they would have referred to an old assessment.

Chairman Parker said that he understands Mr. Patenaude’s position, but they will not get into discussion on the agenda. He said that the term assessment is to us a term that means the assessment on the tax card, which is still current. Thinks the problem they have is semantic, they have another communication from their lawyer that states that is what they need to follow because that is the way the warrant article was written. He thinks a lot of taxpayers assumed the value to be the assessed value that is currently $250,200.

Jenn McCourt commented that they all knew properties were being reassessed this year.

Selectman Watman said he does think what the Patenaude’s are saying is correct, the burden on the Board is what the town passed, and they are obligated. The warrant article could have said no more than $250,000 or the assessed value, or the assessed value will be the value settled on at the time of closing, but those things did not happen. Selectman Watman said that they are trying to turn a discussion had at Town Meeting into something else. The town’s lawyer informed the Selectmen that they are obligated to go by what the article states. The tax valuation is what it was at the time of Town Meeting. Selectman Watman said that John Kjellman never said what he thought the dollar figure was. The Board is obligated to the terms passed at Town Meeting. Selectman Watman said that if the Patenaude’s want to hold up the sale for $50,000 then that is their choice.

Wayne Patenaude referred to using the word “negotiate” more than one time. He said that it implies that there has to be give on both sides or they can’t negotiate.

Chairman Parker said there was been some of that already, but the problem is that the negotiations are limited to the interpretation given by the town’s lawyer.

Selectman French said they are certainly willing to negotiate but they are limited to what they are told.

Selectman Blomback returned to the meeting at 6:27 p.m.

Item 1: Peter Conklin-Request for approval to build on a Class VI Road (Ireland Road)

Mr. Conklin said the property is located off the end of Ruffled Road, on Ireland Road that goes to Shaker Hill. The first 300ft is owned and maintained by Bob Smith and is in pretty decent shape. Mr. Conklin said that Mr. Smith is happy with the proposed driveway. Mr. Conklin has purchased 50 acres. He has spoken with the Road Agent and the Fire Department and is proposing to build a 30 x 40 ft Colonial house.

Mr. Flynn said when Mr. Conklin came in they were aware of the previous applications. Mr. Flynn said he has checked with the Road Agent and the Fire Department and also has a waiver, where Mr. Conklin signs off on the conditions pertaining to people who would build off a Class VI road. Mr. Conklin meets the frontage criteria and everything is clean to go. The Planning Board also reviewed the request as required by the RSA.

Chairman Parker said the Planning Board had no concerns. He does question the Fire Chief’s letter regarding compliance. Mr. Conklin said that letter was written before he and the Fire Chief held a discussion. Mr. Conklin said he had a conversation with the Fire Chief and the way they laid out the road and driveway are acceptable.

Mr. Flynn said Mick Costello said there was absolutely no problem.

Chairman Parker moved, Selectman Watman seconded to approve Peter Conklin’s application to build on a Class VI Road, subject to documentation of approval from the Fire Department for driveway plans. Passed 5-0-0

Mr. Conklin asked for the town to give them until September 1st to get septic approval from DES.

Item 2: Interim Highway Department Superintendent Scott Davison: Discussion of work plan for summer; recommendations and updates for various projects

Mr. Davison asked the Board if they have any questions regarding the summer project list he gave to Mr. Flynn.

Selectman Aucoin asked about Item 4. Mr. Davison said he would like to rent an excavator and remove the birm on the side of the road.

Selectman Watman commented about the River Road project. He asked Mr. Davison if he has heard any concerns from residents in that area. There was a letter published in the Concord Monitor complaining about people speeding in the area and wishing that it would not be hot topped.

Selectman Aucoin mentioned a project that was done in which an excavator was utilized; he felt that operation did not need an excavator. Selectman Aucoin asked Mr. Davison to look into the shed and work with the equipment that the town has before renting any equipment in the future.

Mr. Davison mentioned a project where they used a wheeled excavator to repair roads after the flooding in 2007. He commented that the area withstood three additional floods without any damage, because it is designed to be less erosive.

Selectman Watman encouraged the acting department head of the Highway Department to do what he thinks is best and in the best way to do the job.

Chairman Parker commented that if Mr. Davison thinks the right thing to do is River Road, and then he should do it. They have the Patterson Hill Road and Western Ave dilemma, but it will be some number of years before they get around to Western Ave Bridge. Chairman Parker said that job is going to continually get more expensive; he would let that slide and deal with other issues until they deal with what’s going on with the bridge. He said they have enough funding problems and doesn’t see the town repairing it for many years.

Selectman Watman commented on Ramsdell Road and told Mr. Davison they did a good job cleaning up the safety aspect and by clearing out the bush it makes it a more scenic road.

Chairman Parker said during public comment a couple of meetings ago some people in the area told the Selectmen that they want to be kept informed concerning road work in the Quaker District.

Mr. Davison said he will take it all into consideration. Mr. Davison informed the Board that it looks like the Western Ave culvert project and sidewalk will be starting in a few weeks.

OLD BUSINESS

Item 3: Building Inspector/Inspection Procedure – Two Options

Mr. Flynn said a few weeks ago, his intent was to inform the Board that he was prepared to send out an advertisement in local papers advertising the Building Inspector position. He said it was a controversial issue when he mentioned that at one point he considered another plan relative to not having a Building Inspector and not having inspections. The Fire Department inspections would not change. Mr. Flynn said that he was asked to bring forth information on what New London does regarding inspections and in the mean time he received a letter from town council. Mr. Flynn said they have two options: eliminating the Building Inspector position and sticking to the Fire Department inspection process or have no changes in the building permit. They would need to get a list of approved contractors that issue COs from the Fire Department.

Chairman Parker said to go to the New London model they would need to have a policy revision. Mr. Flynn said it would spell out the difference.

Mr. Flynn said the person who normally reviews permits is the Planning Consultant. The Planning Consultant, who has agreed to do this, would do the Code Enforcement aspect.

Selectman Watman said it seems it would be wise to get a cost analysis at what the cost savings would or would not be with the New London plan. He thinks that the Planning Consultant would have an idea of time by reviewing the past records of the Code Enforcement Officer. Selectman Watman mentioned that the town attorney pointed out that substandard housing could be constructed. If that is a possibility, the Board should discuss if they want that to occur. He does not know the justification of the attorney’s statement. Selectman Watman needs more information before making a decision.

Chairman Parker said with the Fire Department continuing to do the review, it doesn’t get to the structural stuff. He asked Mr. Flynn how long it would take to come up with a proposed policy. Mr. Flynn said he could be ready for the first meeting in September.

Selectman Aucoin said they have been without a Code Enforcement officer for four months and they have more pressing issues.

Jenn McCourt said Peter Stanley, New London Zoning Officer, does a lot more than that. New London also has the Regional Planning Commissioner, a full time Fire Chief who is very active, and they have a Health Officer that does inspections. It seems they have more than what the report is portraying.

Selectman French said he would like to have a cost analysis. He said that if there are a lot of inspections then there might not be a large difference in putting someone in the position. He said they might be close enough in cost to hire someone.

Selectman Watman asked if they are able to charge the actual cost of the inspection. Mr. Flynn said they do not charge, they take it from their building permit fees.

Mr. Flynn said in discussing it with the New London Fire Department they review the plans, they don’t do the inspections.

Selectman Aucoin said that it appears they are asking Mark Fougere to do zoning compliance, not asking for him to do inspections on homes. The Fire Department does the furnace inspections. They will not give occupancy permits, the individual will have to hire their own. Selectman Aucoin said that Mark Fougere would have to go out once to do the initial inspection.

Selectman Watman mentioned a cost analysis and said if there are enough people actually going through the process to get a CO, and if they continue to do so, under the new system those individuals would have to hire an independent person. He said that if the fee was charged locally then it could cover the cost of having someone in the position.

All Board members agreed to have the Town Administrator provide more information and a cost analysis to them in September.

Item 4: Review and adopt public and non-public minutes of June 21 (non public), June 22, 2010, July 6, 2010, and July 13, 2010

Selectman Watman moved, Selectman Blomback seconded to approve the non-public minutes of June 21, 2010. Passed 5-0-0

Selectman Aucoin moved, Selectman Watman seconded to accept the non-public minutes of June 22, 2010. Passed 4-0-1 Selectman Blomback abstained.

Selectman Blomback moved, Selectman French seconded to approve the minutes of June 22, 2010 with the proposed changes. Passed 5-0-0

Selectman Blomback moved, Selectman Watman seconded to accept the minutes of July 6, 2010 with the noted changes. Passed 5-0-0

Selectman Watman moved, Selectman Blomback seconded to accept the minutes of July 13, 2010 as amended. Passed 5-0-0

Chairman Parker mentioned that Selectman Watman requested to attach an email to the non-public minutes of July 13, 2010. Selectman Watman said in terms of reading the statement, he thinks the Board needs to be cautious on how they take action to ensure a motion was seconded and voted on or a consensus is properly recorded. When minutes show no record of there being a unanimous vote it makes it questionable. They need to make sure they record an action in a proper manner. He accepts the Chair’s ruling not to attach the email to the minutes.

Selectman Watman moved, Chairman Parker seconded to approve the non-public minutes of July 13, 2010. Passed 4-0-1 Selectman Blomback abstained.

NEW BUSINESS

Item 5: Discussion and approval of State of NH ‘Court’ directional signs on town roads

Mr. Flynn said since the court moved, people have come into the Town Hall every Thursday asking for directions. The court has come up with an idea to put up directional signs. The court would like to put up five signs. The signs are allowed by the ordinance, but usually they have the liberty to have one sign, the court is asking for five signs and wants the Board’s approval. Mr. Flynn said that the signs would save a lot of problems.

The State approves the placement and installs the signs on Rt 202. NHDOT pays for the signs, at no expense to the town.

The Highway Department will not be responsible for the signs once they have been installed but may be asked to put in the posts. It will be DOTs responsibility to get new signs if they need to be replaced, but if one somehow got knocked over the town could be asked to repair the sign.

Chairman Parker moved, Selectman Aucoin seconded to approve the sign plan as proposed. Passed 5-0-0

Selectman Aucoin told Mr. Davison that he was contacted by a local contractor who was bothered that they weren’t asked to assist with a project. Selectman Aucoin asked Mr. Davison to solicit bids for renting equipment and asked him to look into having the Connor’s put on the approved vendors list for renting equipment.

Mr. Davison said the bids for the rental agreements are for a month. He said that the bid from Mr. McComish is for only the hours they use it and has a lower monthly cap.

Selectman Watman asked if there is a procedure to encourage people to be put on the approved vendors list. He said that the Chamber of Commerce should be a place to let people know that is where to go to be put on the approved list. Selectman Watman said that he would particularly like to make sure that local vendors are aware of the process and invited to become an approved vendor.

OTHER BUSINESS

Item 6: Town Administrator’s Report

1. Lot 98 Purchase Proposal – There is nothing to mention.

2. Road Management Plan Committee – Will be meeting on August 11^th for the last time.

3. Western Avenue Culvert – Updated tonight.

4. Hiring of New Building Inspector – Discussed tonight.

5. Solid Waste Disposal Committee Report – Discussed at the last meeting. Proposed meeting date of September 28, 2010.

6. Revisions to Employee Handbook – Mr. Flynn will be working on with Selectman Blomback.

7. Safe Routes to School – Revisions were made to the proposal, which was sent out two weeks ago. Waiting for a response.

8. ADA Compliance at Town Hall – The door will be kept open all day with a buzzer and a low toned doorbell. There is also a mirror at the end of the hallway that allows the employees to see the entire hallway.

9. No Smoking Policy at Town Hall Baseball Field – All the leagues are over now for the summer. Mr. Flynn is working on the policy.

10. Souza Abatement BTLA Hearing – The town won and the assessment the town gave him holds.

11. Old Warner Road Application – This is on hold and they might want to revisit that agreement.

12. Athletics for Youth Committee – Study Committee for Recreation Director – Signed off on consent tonight approving the charge of the committee.

13. Western Avenue Bridge – No new report.

14. Energy Committee - Grant Proposal – The contract has been submitted, waiting for approval to proceed with the contract, and a check should be forthcoming.

15. Rock and Birch Campground – They will discuss in non-public session.

16. Individual Department Head Superintendent (Highway and Solid Waste/Parks vs. Public Works Head over all three – STUDY – Cursory inquiries are done; hopefully there will be a report at the next meeting.

17. Crosswalk Request Park St/Route 114 – Waiting for a response from DOT. Does not sound like DOT will give a seal of approval, but may say the town can do what they wish.

Mr. Flynn said the budget printout update is in each Board members binder. Blomback said he noticed there is only 19% in the clerical Police Budget. Mr. Flynn said they should be able to finish out the year; he will make a note of it and get back to him.

Selectman Blomback commented on the historical review of West Henniker and signing for the extra money for the bridge. He said it looks like it has already been done; his point was he was not aware that all the work had already been done.

Selectman Aucoin asked Mr. Flynn if they know if the tax rate will be increased, level, or decreased. Mr. Flynn said that he can give an approximate around September 1and commented that they have a fairly current revenue stream. Selectman Aucoin reminded the Board that at Town Meeting they were clearly given marching orders for a level or decrease in the tax rate. He wants to make sure they are making provisions to offset so they will be even or lower. Mr. Flynn said they will have four months to worry and on October 1^st they sit with the state to set the tax rate.

Selectman Aucoin said whether or not the sale of Lot 98 takes place the town’s people will be concerned with the tax rate increasing. He would like to know how many taxpayers have not paid their taxes. Mr. Flynn said that request was part of the motion made at a previous meeting by Selectman Watman.

Selectman French said if the land sale doesn’t go through in time for the next budget, should they be discussing cutting the budget. He asked if there are ways they could reduce spending to help offset the lack of the fee that they can get for the sale.

Mr. Flynn said when he presented the revised budget in March or April it had a cover sheet that flattened the tax rate based on the cuts made at Town Meeting and with conservative revenue. None of the revenue entered was from the sale of Lot 98. Mr. Flynn said that Russ Roy told him they are in good shape even without the money from Lot 98.

Item 7: Selectmen’s Reports

Selectman Watman informed the Board that Back Bay Stone was present with their new plan for Currier Mill at the last Conservation Commission meeting. Selectman Aucoin asked if they have eliminated their problems with DES. Selectman Watman they came forth with this new plan, because of the DES violations, this way they are hoping that DES will agree with their new plan. Selectman Watman said that the Conservation Commission seemed generally impressed and positive with the presentation.

Mr. Flynn reported that the Historic District Commission met and discussed the Hearse House and the roofing project. They accepted a donation and discussed the process.

Chairman Parker said he and Selectman Blomback were interviewed regarding drug and alcohol problems in the area. He does not know the objective for the questioning. Henniker is part of region E, which is made up of twenty-six communities, they are trying to rank those communities as to who has proactive programs and determine which communities are lacking. They discussed drug policies for the community in general during the interview.

Chairman Parker said that Dubay Engineering and a wetlands gentleman gave a presentation to the Planning Board and he was amused by the positive reception the plan received from the Planning Board. The Planning Board would like to establish the ability to do more than one principal building per lot, which would make this plan a lot easier to pass. This is a change that would have to be taken to Town Meeting, but didn’t help with this project at all. They can make a very attractive development if they can beat the one building per lot. Chairman Parker said the guy from Dubay who did the conceptual design gave one of the best presentations he has seen for this type project, with a lot of discussion with the Planning Board. Chairman Parker said it is a very attractive project.

Selectman Aucoin told the Board he attended a meeting regarding how to conduct voting at the next elections, at the Chairman’s request. He said that the biggest agenda item is serving and counting the overseas votes, not just soldiers but also anyone living abroad. The issue is getting the absentee votes in. Everything needs to balance, voters signed in compared to the number of votes. The burden of proof falls on the clerk and the moderator with the Selectmen overseeing.

Selectman Blomback told the Board that he has been reviewing the Town of Henniker Wage and Benefit information. Russ Roy put the manual together. Selectman Blomback said the book should probably get passed along for another look. He said that any new employees to the town are subject to the new benefits. Selectman Blomback encourages all members to review the manual. Chairman Parker will review it next.

Mr. Flynn informed the Board that he received a fax from Mr. Dennis Hamel, regarding the Right to Know Law. Mr. Hamel sent a second fax to the Board of Selectmen today. Mr. Flynn said that this is a continuous event, weekly or more and he is asking the Board to send it to town counsel.

Chairman Parker moved, Selectman Watman seconded that the Selectmen direct the Town Administrator to, in consultation with Town Council, write an appropriate response to Mr. Hamel’s request to the Selectmen. Passed 5-0-0

Mr. Flynn said Mr. Hamel was insulted by the fact that a letter was sent from Vision Appraisal, to make an appointment to review the inside of his home. He wants a list of everyone that was sent a letter and their addresses.

Chairman Parker said that if you want your house properly assessed you need to let the appraiser into your home to review. Selectman Aucoin said as a homeowner they have the right to waive the inside inspection, but then they have no right to an abatement if they disagree with the appraisal. Chairman Parker said there are a lot of people who do not want anyone from the town on their property.

Selectman French asked what Mr. Hamel wants to do with the information. Selectman Watman said with the Right to Know Law the Board does not need to know what he wants the information for.

Mr. Flynn said the town does not have the information Mr. Hamel is requesting and that Vision Appraisal has the information.

Item 8: Non-pubic Per RSA 91-A:3II (c) Legal

Chairman Parker moved, Selectman Blomback seconded to enter into non-public session @ 7:55 p.m. pursuant to the authority granted in RSA 91-A: 3II (c) and (d). A roll call vote was taken, Selectman French – yes; Selectman Aucoin – yes; Selectman Blomback – yes; Selectman Watman – yes; Chairman Parker – yes. Passed 5-0-0

Chairman Parker moved, Selectman Aucoin seconded to seal and restrict the minutes of the non-public session until the legal issue discussed is resolved. Passed 4-0-0

Chairman Parker moved, Selectman Aucoin seconded to adjourn at 8:35 p.m. Passed 4-0-0

Town of Henniker
Board of Selectmen Meeting
Tuesday, July 13, 2010
Henniker Town Hall

Members Present: Leon Parker, Chairman; Thomas Watman, Selectman; Leo Aucoin, Selectman;
Kris Blomback, Selectman; Robert French, Selectman

Town Administrator: Peter Flynn

Guests: Don Blanchard, Pete Fernandes, Eleanor Kjellman, John Kjellman, Lia Houk,
Amanda Gilman, Linda Patterson, Ben Leubsdorf, Mike French, Bill Christiano,
Stephany Marchut Lavallee, Ron Lavallee and Rod Pimentel.

Recording Secretary: Cherry Palmisano

Chairman Parker opened the meeting at 6:30 p.m. with the Pledge of Allegiance.

Selectman Watman moved, Chairman Parker seconded to approve the Consent Agenda as presented. Passed 5-0-0

Item 1: Henniker Solid Waste Disposal Committee

Re: Presentation of Study of the Solid Waste Disposal Committee

The Solid Waste Disposal Committee started in 2008 with the idea many years previous to that. Last year the Committee put out a report. Mr. John Kjellman, Chairman, said that serving on the Committee with him was Don Blanchard, Bill Christiano, Michael French, Amanda Gilman, Lia Houk, Donna MacMulkin, Linda Patterson and Rob Pimentel. The instructions given to the Committee were that they were not to make any recommendations.

Ms. Amanda Gilman said they have been meeting since July 2008 to gain a better understanding of how Henniker handles its solid waste. Their tasks were to determine waste, take into account the short term/long term effects, curbside collection and area cooperative, while keeping in mind the cost of labor and options on businesses. The Committee’s charge was for the data collection and analysis without making a recommendation and to then provide the data to the Board of Selectmen for analysis. She said that gathering further data would have helped them and they did not have the capability of an economic analysis.

Ms. Lia Houk said that the Committee reviewed the current system and materials handled. According to the national analysis 70% of municipal solid waste can be recycled. The information they gathered was based on the 2008 budget. In the current system approximately 35% of solid waste is processed through the Transfer Station and 60% is taken directly to the incinerator. Ms. Houk said that some recyclables provide revenue. The trash is currently hauled to the Penacook incinerator for a fee and some is hauled and buried for a fee. The Swap Shop is available for useable items too good to go the incinerator. The Committee laid out several options.

Option 1: Unit pricing (Pay-As-You-Throw)

Under this system businesses and citizens pay for what they throw away. Any recycling is free. They would charge by weight with the bags taking into account an average weight.

Advantage: In pay as you throw, the cost goes down the more you recycle, a system proven to improve recycling, less trash, line reduction in Transfer Station budget and an increase in revenue for the Transfer Station. There are forty-six towns in the State of New Hampshire that currently utilize this system.

Disadvantage: Doesn’t always cover the cost of the Transfer Station, may be difficult to calculate with haulers, and requires a significant amount of education for the people to understand the system.

Option 2: Mandatory Recycling

This option is difficult to enforce.

Advantage: Would increase recycling and reduce trash.

Disadvantage: Residents may feel their privacy is being invaded because of the bag search and enforcement could increase the Transfer Station costs. This option was proposed, but turned down at Town Meeting

Option 3: Single-Stream Recycling

This is a simplified way because residents do not have to separate their recycling material. It is collected and sold at facilities. There is currently no space at the Henniker Transfer Station to do the separating.

Advantage: It is much simpler and could encourage recycling for those who have not started. There is very little education needed to implement the system, increases the types of recyclables and reduces the need for Transfer Station employees.

Disadvantage: All waste is hauled to one facility eliminating the ability to shop for better pricing. The initial investment requires a second roll off machine to collect and rebundle recycling materials. This system limits amount of facilities that they could haul to which would require longer hauls.

Option 4: Curbside Collection Options

Trucks would pick up trash at resident’s homes. Due to the high cost to own and maintain their own trucks they would need to contract out for collection.

Advantage: Transfer Station staff could be reduced significantly because only items that can’t be picked up would need to go to the Transfer Station. Unsure how this option would work with businesses, it would be ease for residents, and significantly increase recycling. This option would be a bonus for potential homebuyers.

Disadvantage: There would be an impact on elderly and low-income residents. There would be an overall cost increase and significant education would be needed to implement this system. Wintertime management may be difficult in this rural area.

Option 5: Eliminate All Recycling

This option eliminates all recycling and everything goes into the hopper. The Transfer Station would still have to collect things that cannot be recycled. There would be increased tipping fees and a reduction in labor costs.

Advantage: Easier for residents, no sorting, reduction in staffing and equipment which leads to a reduction in the Transfer Station budget.

Disadvantage: Wasteful process, more trash will go to the incinerator. This option would be against the current practice and possibly anger town residents.

Option 6: Steady As You Go

This option maintains the basic current structure at the Transfer Station. The current Transfer Station is well run. The operating budget will be expected to increase by 5% each year with this option. They could increase recycling through education and install a truck scale for accurate measure on construction debris to increase revenue, which is currently based on eyeballing for disposable.

Advantage: Predictable budgets and outcomes.

Disadvantage: Difficult to increase recycling and difficult to reduce waste to incinerator, there is no space at the Transfer Station, lack of scale and limited ability to reduce rising costs.

Overall issues to be considered:

· Where should the cost be born

· 65% of town doesn’t come through the Transfer Station

· Should the town help businesses reduce cost of trash and be allowed access to the Transfer Station like residents

· Is the town ready to make significant changes to Transfer Station business practices

Ms. Houk said it was not their task to find solutions, but they did not find anything that was the answer to solve their problems. She commented that:

· Mandatory recycling would increase revenue

· Single stream makes other options more effective

· Curbside collection would be a significant increase in waste management costs, but could reduce waste

· Remaining steady, leaves them with the same problems

It was discussed that overall the combination of several options may be the best option to help reduce costs and implement the most change. Ms. Houk said that the Committee did not do this because of time constraints and there are people who would be more experienced to do such a thing.

Mr. Kjellman summarized ‘pay as you throw’ and he said there is an equity issue because 65% of the trash is already being paid for by the creators of the trash, therefore a reduction of stuff going to the incinerator makes it fair. Recycling actually does cost money generates significant revenue, but there is a cost of operating the Transfer Station. Labor costs are a huge cost of recycling and disposing of the trash. Mr. Kjellman said that there are several options that may reduce labor costs, some options stand well alone, and some like curbside without single stream would be crazy. Curbside pickup would increase the budget, the town could charge for this service, but the cost could be too high.

Chairman Parker commented on not being happy with the Committee being given the marching orders of not providing a recommendation.

Ms. Houk said the Board could look at the options and then tell the Committee to go research deeper on some options or higher a consultant.

Selectman Watman, last remaining member of the Board that gave the Committee their marching orders, commented that pay as you throw drew a lot of opposition and the Board at the time tried to get the knowledge base. They wanted to see what thoughtful people think is the next best option to pursue. It was not an aimless decision to not give them orders to make a recommendation but an attempt to diffuse emotions and provide enough information to move on.

Chairman Parker comment on “pay as you throw” and said that the idea is to get people to recycle more. He asked if there are more towns doing it to get cost covered or get people to recycle.

Ms. Houk said to get their costs covered.

It was discussed that some towns charge $1-$5 a bag to dispose of the trash.

Mr. Kjellman said they are constrained by the costs of the towns around them.

Mr. Pimentel commented on 65% of the town’s trash being hauled by commercial haulers and those people are already on pay as you throw and with their tax burden they are paying for tipping fees for every resident who brings their trash to the Transfer Station.

It was discussed that if 65% of the town’s trash is going to commercial haulers to the incinerator, the town is losing that revenue in recyclables.

Chairman Parker said if the motivation for not using the Transfer Station is that it is easier to pay someone to pick it up at the curb, there is no other motivation.

Ms. Houk mentioned that NEC gets their trash hauled.

Mr. Kjellman said if businesses want to bring their own trash to the Transfer Station they could save money.

Selectman French asked if the general public had pay as you go, how much they would have to increase roadside pickup.

Ms. Houk said in her years of research in pay as you throw, they would need to place laws in town that speak directly at disposing trash in woods and it would not a significant problem.

Mr. Pete Fernandes informed everyone that the Co-op just voted two weeks ago to go ahead with the single stream. Concord just voted yes and as soon as they did the Co-op voted to go on with it.

Mr. Kjellman said that he is hopeful they will have real discussion, not just dollars and cents, but real philosophies. He would like to see a public informational meeting held, with the ability to throw the questions out to the public. He would also like the Board of Selectmen to talk among themselves regarding the report and pass judgment.

Selectman Watman feels they should make copies of the report to distribute and place it on the website. He suggests that they ask the Committee to make a presentation to the public in September. He does not think they will get too far before the next annual meeting and said they will need to get more cost figures if the Committee agrees to stay on board. Selectman Watman said this Committee did a great job did what they were asked to do, and this is the best report he has ever seen.

Mr. Ron Lavallee asked the Selectmen if they are going to basically put this off for another year, and what they are going to do in the interim to encourage people to recycle. He said the recycling is important to him. Mr. Lavallee would like to know what the Selectmen would do to get employees to stop residents from dumping cardboard and recycling into the trash that goes to the incinerator. He also asked what the Selectmen are going to do to lower the cost of disposing of trash.

Chairman Parker would like to see the Committee take the presentation and ask the public questions at the Community Center. Possibly that that could lead to some conclusions so at the next Town Meeting they might have an idea of what the people want.

Ms. Houk said they wanted to come to the Selectmen before going directly to the public because they wanted to know what the Selectmen thought. She feels this is a complex subject with lots of information, and needs a lot of education to understand the variables.

Mrs. Eleanor Kjellman said that taking the time to educate residents and present the information to the public is a good idea, but commented that people might not come out to those meetings. She feels the Selectmen should get together and pick the best approach based on recycling and saving the town money and then pick the best option. Mrs. Kjellman said that would help get people out to the meetings.

Mr. Kjellman said they have some experience with single stream recycling at the Transfer Station and the response from residents was that they were happy about that.

Mr. Fernandes said the overall acceptance has been fantastic, the simpler it is for people the more they like it.

Mr. Pimentel said if they stop recycling they will save money now but tipping fees and trucking costs are interchanging all the time. Need continuity as a town. The idea is to have people within the system, help decide what direction they need to go and make changes.

Mr. Mike French commented that eliminating recycling would not fly. The simplest thing in the short term would be to carry on as they are making small changes and ask people if they are willing to pay a little more to get more recycling. He is not sure people know it does cost to recycle, but guesses that most people would be willing to pay for recycling.

Chairman Parker said the best thing that came out of the study is that there is no urgent need to fix any large problems. There could be better sorting and more recycling but no real demand to solve a problem. Now they have the opportunity to put together a public presentation.

Selectman Watman said that he hears the suggestion of the Selectmen taking a bold stand and understands it is up to the Board. He thinks they are missing the boat if they rush to that conclusion without getting the basic information out to the public. Selectman Watman feels this report is a way to get people to take a look at the issues. He is drawn to single stream.

Ms. Houk asked the Board if they feel there is value in this report. She asked if they should eliminate some options before the public presentation.

Mr. Kjellman said that the Board might consider taking a look at area town’s Transfer Stations and consider a major redesign of the Henniker Transfer Station. One thing they can do quickly is pay as you throw, which requires a weight system. To purchase the scales would cost $10,000-$30,000. They could redesign with modern technology, but cannot redesign without knowing what they want to do. They need to collect more data in terms of managing the Transfer Station, swap shop, and traffic.

Chairman Parker said a variety of different schemes could be improved by using a truck scale, but where would they put them, they would have to totally redesign area to place the scales.

Selectman French commented on the short term and finding better ways to accept recycling at the Transfer Station.

Mr. Pimentel said single stream would make that easier. Since getting involved with the Co-op they have had slow increases but that will change, the increases are getting steeper, and the cost to go to the incinerator is going to be getting higher.

Mr. French said if commercial haulers were to pick up single stream that would help the transfer station business, or curbside pickup would help their business as well. In speaking with other businesses their concern is labor to separate recycling or if the town was to pick up the trash they would really consider recycling.

Mrs. Kjellman thinks that if they were in budget season that might have more clarity on how to proceed. She said to choose three options to look at and decide which is the best for the tax burden while at the same time increasing recycling. She said if the Selectmen were to tell her this is the best option to reduce taxes, she would be really interested. Mrs. Kjellman is not sure what kind of information the Board needs to make a decision.

Chairman Parker said they are already in budget season. He agrees with Selectman Watman on the time frame of September. He thinks the Committee should come back in September to make their public presentation concentrating more on the financial numbers.

Mr. Kjellman said that if the Board were to ask the Committee to remain active, the Committee would need to be given guidance, which might come after the town wide informational meeting.

Selectman French said the Board and the Committee would need to be prepared to answer any of the public’s questions. If they eliminate several options, be prepared to give answers to those options eliminated.

Chairman Parker said he is not willing to take anything off the table except for the no recycling option.

Selectman Watman feels the public has the right to see all the options and it is better politics to bring all the options to the meeting.

Chairman Parker likes the suggestion of the Committee continuing and putting forth more economical information for their presentation. They will advertise substantially for the mid September public information meeting. In mid October the Committee will come back together with the Selectmen to see if there are options they can work toward.

Mr. Flynn will coordinate the public meeting.

John Kjellman with the Committee providing him the informational data wrote the Solid Waste Disposal Committee Report.

Item 2: Non Public Session per RSA 91-A: 3, II (a) and (d)

Chairman Parker moved, Selectman Blomback seconded to enter into non-public session @ 8:12 p.m. pursuant to the authority granted in RSA 91-A: 3II (a) and (d). A roll call vote was taken, Selectman French – yes; Selectman Aucoin – yes; Selectman Blomback – yes; Selectman Watman – yes; Chairman Parker – yes. Passed 5-0-0

Selectman Watman moved, Chairman Parker seconded to seal and restrict the minutes of the non-public indefinitely due to personnel matter. Passed 4-0-0

Selectman Aucoin moved, Selectman French seconded to adjourn the meeting at 9:23 p.m. Passed 4-0-0

Town of Henniker
Board of Selectmen Meeting
Tuesday, June 22, 2010
Henniker Town Hall

Members Present: Leon Parker, Chairman; Thomas Watman, Selectman; Leo Aucoin, Selectman; Robert French, Selectman; Kris Blomback, Selectman

Town Administrator: Peter Flynn

Guests: Wayne Patenaude, Sally Patenaude, Lucy Davison, Ted Parkins, Marty Davis,
William Goss, Rodney Patenaude, Tom French, Ryan Murdough, Luke Bowley,
Tom Patenaude, Joan O’Connor, Scott Dias

Recording Secretary: Cherry Palmisano

Chairman Parker opened the meeting at 6:18 p.m. with the Pledge of Allegiance.

Selectman Watman moved, Selectman Blomback seconded to approve the Consent Agenda as presented. Passed 5-0-0

Public Forum

Tim Parkins, Huntington Road, told the Board that the Town Highway Department is coming up his road with an excavator and are supposed to be ditching. Mr. Parkins said that he understands that should be done with a grader. He would like to know the plan, especially when the Highway Department gets to Huntington Road. Mr. Parkins said the area has been wrecked by winter plowing. He does not know why they need an excavator. Mr. Parkins said they have been losing road width and he wants to know what and who will be doing work.

Mr. Flynn said he does not know the plan in detail; he will find out and get specific information. Mr. Flynn spoke with the supervisor in charge and told him not to proceed until the information is provided.

Marty Davis, Huntington Road, wants to know if there will be a written plan regarding the work that will be done on the roads. Chairman Parker said there is a general plan on which roads are being worked on but not an in-depth plan on the width of ditches. Ms. Davis wants to know if abutters will be notified. Chairman Parker said typically not, but they will be able to speak to Scott. Ms. Davis asked if any state funds are being used. Mr. Flynn said there is a budget, but the town does get state money which can be applied to the maintenance of roads. Ms. Davis wants to be clear that if state money is being used there are governing RSAs. The roads are getting a lot of damage from winter plowing, which was documented in a letter sent to the Selectmen in December 2007, and also mentioned the fact that stone walls are being destroyed. She spoke with the state and received information on what her rights are and she should have a chance to speak with the Selectmen. Ms. Davis stated that the Quaker District takes pride in their area and do not want any more damage. Chairman Parker informed her that Mr. Flynn is working with the Highway Supervisor. Ms. Davis said she wants the Selectmen to walk the roads. Chairman Parker said it would be difficult for the Selectmen to all take the walk, because it would need to be posted as a special meeting. She is looking for a group, not all, to look at the situation. Chairman Parker suggests that she work with Mr. Flynn and Scott and if she is not satisfied, she can fill out a form to get put on the agenda.

Selectman Blomback recused himself from the following discussion.

Wayne Patenaude told the Board that they have a problem with the price and Purchase and Sales agreement on Lot 98 because it went from $200,000 to $300,000. He thought the vote at Town Meeting was clear that the price was $200,000 or the current assessed value. He feels that is what people voted on. Mr. Patenaude said that the motion stated the purchase price would not be less than $200,000 or higher than the current value and asked how they got to $300,000.

Chairman Parker said the assessed value this refers to is $254,000. The terminology is that it shall not be less than $200,000 or the current assessed value whichever is higher. Chairman Parker said they are supposed to sell the lot for a price of not less than $250,000, but they are free to ask for more. Chairman Parker said the Patenaude’s have the request from the Board, now it is up to them to make a response.

Selectman Watman asked if they are engaging in a negotiation. He said they should get back a response that they can then handle.

Chairman Parker said they have a non public scheduled for the end of the meeting and they could discuss the issue then. Chairman Parker said the subject of value, he is giving their interpretation as well as the lawyers, and the Board determined the figure to purchase the property. Chairman Parker said real value is established when the buyer and seller agree to one. It was discussed that the Patenaude’s are a strategic buyer and the lot has more value to them than to others. Mr. Patenaude does not think local businesses should be treated that way and feels what is fair market value is what is fair. He asked why it says whichever is higher. Chairman Parker said it establishes the minimum. Mr. Patenaude said it is not the way they look at it, and that is not what people thought they were voting on.

Selectman Watman disagrees and thinks it is fair. He said the Selectmen are obligated to the voters and taxpayers to get the best deal. He said that part of the negotiation process is for both sides to get a fair price. The motion was written by those who wanted to buy this property and it states that there is a minimum they can ask, but there is no intent for a maximum. Selectman Watman thinks the Board is free to request fair value for the town. He stated that he opposed the sale, but the public made the decision to sell and the Board is trying to get the best value and best protection for the property. Selectman Watman does not want to negotiate in a public meeting.

Chairman Parker said they asked the town’s lawyer to give the agreement to the Patenaude’s lawyer and they thought they would get something back with their comments.

Mr. Patenaude thinks the assessors should re-assess Lot 98. Chairman Parker said he won’t argue the value of the lot for a woodland lot; the assessment has been in effect for a while. The assessment is whatever is on the tax card; it is not an appraisal but a tax assessment.

Mr. Patenaude said the warrant article states $200,000 or current assessed value. Chairman Parker said the rest of the terminology in their understanding is that $200,000 or assessed value establishes a minimum price, and they have to charge more than $250,000. Chairman Parker, again, extended the invitation for the Patenaude’s to stay after the public session to meet in non-public. Chairman Parker told the Patenaude’s to put their figure on the paper, sign it, and send it back to the Selectmen for response or get their lawyer together with the town lawyer to negotiate.

William Goss said he also understood, from Town Meeting, that the price was to be $200,000 and he does not know how the Selectmen got to $300,000. Mr. Goss stated that the tax rate will go up if the sale does not happen. He sees why the Patenaude’s have a compliant, but the Selectmen could lose the whole deal. Chairman Parker said that is why it is up to the Patenaude’s to come back with another figure if they don’t like the $300,000.

Chairman Parker referred to a statement by Attorney Drescher, the voters established a minimum at $200,000 or the current assessed value whichever is higher. Chairman Parker said there were negotiations and discussion among the Board and when the Patenaude’s bring a figure back they will then have more discussion.

Selectman Watman said the initial petition article did not mention assessed value, it states the purchase price shall not be less than $250,000. Selectman Watman suggests they should not be negotiating simply the price, but all the other terms, including protections for the town. He said that he would be interested in decreasing the amount if more protections were made for the town for conservation. Selectman Watman thinks the Board gave the other party a comprehensive view of the terms and should in return get what alternations shall be made. He is not willing to talk about the dollar figure without discussing the rest of the terms.

Scott Dias commented that at town meeting he heard the debate and the townspeople spoke clearly. He said the only thing that was there was the price, the terms to be negotiated where not in the playing cards.

Chairman Parker said that the Selectmen gave the Patenaude’s an offer for $300,000 and the other conditions Selectman Watman was talking about took them a long time from Town Meeting until the P&S. The initial draft included volumes of conservation, the Board simplified it to be clearly a P&S with conditions that the Patenaude’s would agree with. The rest of the warrant article discussed DES approval for roads.

Joan O’Connor said she was at Town Meeting and did not feel the $250,000 was set in stone.

Selectman Watman said the original warrant article, which was by petition, specified that part of the land was to go back into conservation and included specifications on the road. Selectman Watman believes that the article that was passed indicated good faith negotiations by private parties to be in the best interest of the town. The motion granted the Selectmen to accept responsibility to enter into good faith agreement in the best interest of the town. Selectman Watman said he is not surprised that the other party wants some things changed. He said that the Board has been unanimous to carry out the wishes of the town to sell it, but the terms have to be worked out.

Mr. Patenaude commented on paying $250,000 and not even getting the land, but giving it back to the town for conservation. They are getting to build a road through it. Mr. Patenaude thinks it is not fair and stated that when the townspeople went to the Town Meeting they thought the price was $250,000. Chairman Parker told him to revise the document and send it back. Mr. Rodney Patenaude asked if they can draw up their own P&S agreement and give it to the Board. He also asked why they have to keep paying the lawyers instead of working it out themselves and thinks it is ridiculous to charge the townspeople for drawing up the P&S. Mr. Patenaude said they expected to come down and give the town a check for $2 50,000. Chairman Parker said this issue has a very high level of interest by many, with different issues, and the heat is part of the reason why they couldn’t deal without lawyers input because of the parties interested in this transaction. Mr. Patenaude said they won by 71% and it was the will of the people.

Selectman Blomback returned to the meeting.

Lucy Davison told the Board that she is upset about the white stripe on the road that continues onto her lawn. She spoke with Scotty and was told that the town owns 8ft into her lawn. Ms. Davison said the deed reads that she owns the road and the town has the right of way to use it. She thought they should have been polite to contact her and tell her this would be done and thinks it was very rude to find the white markings 8ft onto her lawn.

Marty Davis said the marks on the road were put there by the Highway Department and she would hope that they would be willing to talk to the abutters before they do this work. She said the residents care about their stone walls. Ms. Davis said that according to the state the abutters own to the middle of the road and the town has the right of way.

Ms. Davison said the only white lines and crosses are in front of her house and she knows it is retaliation because of her complaint of sand on her lawn for the past 5-6 years.

Selectman French said he has seen roads migrate from their original position.

Mr. Flynn said he will do his best to satisfy those involved.

Item 1: Rescue Chief Tom French – Goals and Objectives 2010-2011

Mr. Flynn said the Rescue Chief provided information for his goals for 2010-2011 but in reviewing his 2009 objectives the Board found that particular issues that he is working on are going into the second year. One issue is the ambulance committee because there was a delay in purchasing the ambulance; the committee is now in process of finalizing the specifications. Standard Operating Procedures (SOP) will continue. The EMS providers in the town planned and fulfilled CPR courses that were open to the public.

Tom French, Rescue Chief, said that the goal for the ambulance purchase last year was to put together a bid with current standards. They went to Town Meeting based on prices they had but, there was a big change in the Triple K specifications which governs ambulances. They have made the changes to their specs and are close to being able to send out sealed bids. This should be done this year. Chief French said the SOP was the only item they did not complete last year. The safety officer that is in charge of implementing and updating expects to role forward. They have successfully completed two sessions of the community CPR and would like to hold another in the fall which will also be put on by instructors in their department. They have Defibrillators and cell phones and completed the interoperability implementation program, now they can hook up machines to heart attack victims, turn on a cell phone and take pictures of what is happening and send them to the hospital. This is a huge advancement for what they can do. Chairman Parker asked how many are done a year. Chief French said they have faxed close to fifty to the hospital, could be close to 500-600 that get diagnosed. Chief French said they are not cardiac doctors but, they are trained to know that it looks bad and know when to send it to the doctors to give them a thirty minute lead time. Chief French said they came to the Board a year and a half ago to have Henniker named a heart safe community, they submitted the application, and by mid summer Henniker will be designated as a heart safe community. There will be road side signs that will inform residents of this achievement.

Chief French said he has been working through Mr. Flynn and they found LGC has grants. When they added full time staff standards required certain physical fitness. They purchased gym memberships but that only helped some. To bring the fitness level up for the whole department they applied for the Well Dollars Grant for up to $2,000 to purchase gym equipment, they are not looking to expend town funds.

Chairman Parker asked how many heart safe communities there are in the state. Chief French said he thinks there are between 2-5 communities in the state. Henniker will be part of the first cluster of communities to follow through.

Selectman Aucoin asked if the Fire and Rescue Departments are split. Chief French said yes. Selectman Aucoin said then they are eligible for $4,000 because of the two departments. It was discussed that the Police Department does not have space for any equipment but they could apply for a $2,000 grant and combine it with the Fire Department to help purchase the equipment.

Selectman Watman complemented the Rescue Chief on a good job, the progress made, and the rescue service the department gives to the town.

Chairman Parker said they appreciate the chief and the whole crew.

Item 2: Police Chief Ryan Murdough – Introduction of part time police officer candidate and request to formally appoint to Henniker Police Department.

Chief Murdough introduced Luke Bowley to the Board and explained that it has been a long process that started back in September. Mr. Bowley is from Hillsborough, has spent six years in the Marine Corps, and received training in management. He decided to pursue law enforcement and has the personality to deal with people of the community. Chief Murdough is asking the Board for permission to hire Mr. Bowley as a part time police officer.

Selectman French said that he does not know Mr. Bowley very well but he knows many people that have recommended him highly.

Chief Murdough said Mr. Bowley would replace Jeff Summers who moved into a full time position.

Mr. Flynn said Mr. Bowley failed the bench press portion of the physical fitness. Chief Murdough said that Mr. Bowley has since completed the bench press portion.

Standard starting pay for a police officer grade 15, step 1 is $16.25 per hour.

Selectman Watman moved, Chairman Parker seconded to approve the appointment of Luke Bowley as a part time police officer at rate of $16.25 per hour. Selectman Blomback made the candidate aware they are in the process of reviewing benefits and if he were to apply to become full time he would be subject to those benefits put forth. Passed 5-0-0.

Item 3: Chief Murdough: Review Annual Goals and Objectives for 2010-2011

Peter Flynn said Chief Murdough did not have goals and objectives last year.

Chief Murdough said that he set up the NEC Advisory Committee, which was made up of students and staff, run by the President of the Student Senate, and himself. They sat down and discussed problems they were having in town with the college. The President of the Student Senate was very motivated. Chief Murdough said he wants the students to feel like part of the community.

Sergeant French has set hours when he is in the student center and students and faculty came in to talk with him. This was a huge benefit for the Police Department in building better relations with the students.

Sergeant French trained to hold rape aggregation classes and twelve women went through the training.

Chief Murdough said in their community policing they have found that the biggest complaint from resident is that they did not receive a return phone call. The department has worked hard to improve this and wants to provide perfect community customer service.

Storm windows were put into the building and they made a tremendous difference.

Chief Murdough said that he wanted more cruisers in neighborhoods because he does not want people to think it is strange to have an officer in their neighborhood; they are still working on this.

Chairman Parker asked about the student advisory committee.

Chief Murdough said that the student advisory committee would get information about want happened to students when they were arrested. They held a panel discussion regarding the dangers of some of the apartment buildings that the students are living in.

Selectman French mentioned the fires at NEC.

Chief Murdough said they do have a student who they are close to arresting because of damage to his room. This is a continuing issue and burn marks continue to be a problem.

Chief Murdough said he is interested in young people and is trying to look at better ways to rehabilitate them because the court system is very backed up and it takes too long for consequences. He has the ability to talk with the person who made the offense, turn it into a positive event, and to show how it affected the people involved. The Police Department does not run the meetings, they are run by a facilitator, and if it works it benefits the youth of the community.

They are trying to achieve state recognition through NH Police Standards and Training. The benefit of state recognition is that they review policies to see they are up to date, review operations and evidence room. If they achieve standards then they are recognized and gain state recognition. Selectman French asked if there is a fee involved in having the state come in to review the department. Chief Murdough said they have to buy them lunch.

Chief Murdough would also like to achieve the following goals:

Hold an active shooter drill at John Stark Regional High School with the Weare Police. If there ever would be an active shooter at the school then Henniker would be the first to respond.
Hold a rape aggression defense class for senior citizens, coordinated with White Birch Community.
Establish an investigators group involving surrounding towns to share information monthly on crimes occurring in the area and discuss active cases.
Continue to strive for customer service excellence.

Mr. Flynn added that Chief Murdough is extremely cooperative and communicates regularly with him.

Selectman Watman complemented Chief Mourdough on his willingness in working with young people and the justice system and in changing the attitudes of the college people.

Selectman French said every time Chief Murdough has been at a meeting he always has the information that is needed, statistically as well.

Chief Murdough said they held a DWI checkpoint and they handed out survey cards that were returned with 98% positive feedback. They received a speed grant, two separate DWI grants, but no checkpoint grant this year.

OLD BUSINESS

Item 4: Review and adopt public and non public minutes of June 1, 2010 and June 8, 2010

Selectman Blomback moved, Selectman Watman seconded to approve the minutes of June 1, 2010. Passed 5-0-0

Chairman Parker moved, Selectman Watman seconded to approve the minutes of the non public session of June 1, 2010. Passed 5-0-0

Selectman Aucoin moved, Chairman Parker seconded to approve the minutes of June 8, 2010. Passed 4-0-1 Selectman Blomback abstained

Selectman Aucoin moved, Chairman Parker seconded to approve the minutes of the non public session of June 8, 2010. Passed 4-0-1 Selectman Blomback abstained

NEW BUSINESS

Item 5: Single motion from Thomas Watman for discussion and action by the Board to ask the Town Administrator to see that actions be conducted dealing with the following:

a) Information re: status of Town’s economic status;

b) CIP alternative recommendations;

c) Review results of comparative salary survey;

d) With assistance of the Chief of Police, to prepare a report comparing several aspects of the operation of the Police Department with other comparable communities.

Selectman Watman said that the purpose of all the items is to obtain information that he feels they should obtain between now and the public hearing next year.

Selectman Watman moved, Selectman Blomback seconded that the Board authorize the Town Administrator to see that the actions be carried out and that reports on each item be submitted to the Board of Selectmen no later than January 1, 2011.

Selectman Watman said that over the last four years there have been a number of complaints about the Police Department budget. The public has drawn conclusions on the Police Department’s budget being higher than other budgets he feel there should be a reasonable study done. Selectman Watman said there was a wage and benefit study done in November 2009 in which there have been a number of discrepancies on how they compared with comparable communities. He is concerned with not determining if the figures are valid or not, it would be difficult to argue the salaries of certain positions, with comparable communities. He thinks they need to address the issue in fairness to employees and the public and possibly find more accurate ways to compare. Selectman Watman would like the Town Administrator and Finance Administrator to determine the status of town’s economic indicators to see if things are better or worse in town. He is concerned with the CIP requests if they were to see that the economy is still poor then the question may have to be answered at what point it is advisable for the Selectmen to consider leasing or bonding for equipment. If they leave all these questions until November or December it will be too much work that would be needed and this gives them a chance to gather information. He said he knows there are reasons that some position’s salaries are not comparable, but some he is not sure and he cannot argue at Town Meeting without knowing the facts.

Chairman Parker is concerned with information for economic indicators in the first item. He stated that with or without the motion they will include the information anyway and he does not think that information has to do with the budgeting process. Chairman Parker said that item 2 is inappropriate because it violates the CIP Committee. He thinks it is up to the CIP Committee to tell the Board what is needed and it is up to the Selectmen to make the exact recommendations and decisions. The CIP Committee is only supposed to make recommendations to the Selectmen based on need. Item 3 he thinks is a good project to under take and will not argue about item 4, although he is not sure how much time Chief Murdough has to handle this item.

Chairman Parker moved to amend Selectman Watman’s motion to remove item 2 regarding the CIP Committee. Motion failed with no second.

Selectman Watman said that he knows the responsibility of the CIP Committee, but does not think it is unreasonable to ask them for their opinion. The Board will have the final decision, but the CIP are the people as a group who have the greatest knowledge of the CIP items that have been asked for or held back. Selectman Watman said that he would also respect the answer of them not being willing to comment. Selectman Watman asked if it is the time to consider other options like bonding or leasing, and knows that the committee has the most knowledge of the needs.

Selectman Blomback supports the request and the list of recommendations from the CIP. He feels that if through this process they can gain savings, then he is in favor, and at this point it is just a recommendation.

Selectman Watman said the committee may be in support and they may decide that the only way to get the equipment is to bond, he would like to see what they have to say.

The motion passed 4-1-0. Chairman Parker was opposed.

Item 6: Revised Hoyle-Tanner cost estimate proposal-discussion-request authority to have Town Administrator sign agreement.

Mr. Flynn informed the Board that there are engineering increases and he did not feel comfortable putting it on the consent agenda, he wanted the Board to approve it publically. There is an amendment from DOT which is not a lot of money, and they have it in the budget. The letter from Hoyle-Tanner is a direct result from the meeting asking for an additional $6,820 be added to the original contract to meet the current requirements.

Chairman Parker said the additional $6,800 is for engineering fees. The problem they have is that the way DOT runs, they have to get past this before going on to the next step to discuss bridge design. Chairman Parker said they will have to spend a lot more money before they decide what will be done to the bridge. They are supposed to come back with alternatives. To build a new bridge it will be a $4-5 million dollar project, in which the town will be responsible for 20% of the cost.

Chairman Parker moved, Selectman Watman seconded to authorize the Town Administrator to sign the contract amendment to get over this hurdle.

The Board discussed that there is no way around this. Chairman Parker said there is the potential that they may be told that they have to keep the Western Ave Bridge. The engineering study has demonstrated that the bridge is really not repairable, but they have to convince DOT.

Selectman Blomback wants to see what the report will look like from another bridge project before expending the $6,800.

Chairman Parker said if they don’t do it they will have wasted $194,000 and have people complaining about the Patterson Hill Bridge detour.

Selectman French would like to see the bridge repaired, but he is concerned with expending more money.

Mr. Flynn told the Board he was surprised about not getting their support. This is an un-funded mandate, but it stops the project. They can jeopardize their position on getting the bridge repaired. He thinks this is minimal and the damage is greater in waiting. At the request of Chairman Parker and Mr. Flynn the engineering firm will be presenting their recommendations and options at the Community Center. Mr. Flynn encourages the Board’s approval on this item. When looking at the $200,000 it is 80/20 so the cost to the town is $20,000 and has already been appropriated at Town Meeting.

Chairman Parker said there is a greater risk if they are forced to rehabilitate the Western Ave Bridge, they could end up with additional costs. The initial report on the bridge was really bad. Chairman Parker said if they don’t do this then the project stops and they have spent all the money for nothing. The state has signed off and the money has been committed and if they stop it now they will be taken off the list.

Mr. Flynn said this is federal and state funded, they have to meet all the criteria. The money is not refundable to them until they are in the design phase, they are into the engineering fees for what they spent and will not be reimbursed. The town will be tossing away 80% of $194,000. Mr. Flynn asked the Board if they want to waste $6,800 or do they want to waste $100,000 plus.

The motion passed 4-1-0. Selectman Blomback was opposed

Item 7: Discussion re: Revisions to the Town’s Personnel Manual – Peter Flynn

Chairman Parker informed the Board that Mr. Flynn would like to have the first reading in July.

Mr. Flynn told the Board that he wanted to introduce the policy a month ahead of time, because it is lengthy. He met with Selectman Watman and Russ Roy and they made some language changes. Mr. Flynn said the SOPs supplement the town policies not to be above them, some things discussed record keeping and background checks on candidates. The significant change he addressed is the reduction in force, meaning the last employee in is the first employee to go if there were to be budget cuts. He thinks the Selectmen should have the prerogative to determine which employee would have to go, but this may cause controversy with the employees. Mr. Flynn said in the first reading they may discuss ‘at will’ employment, if an employee is not meeting his or her performance then the Board would not have to go through the whole process that is currently mentioned. Mr. Flynn would like the Boards approval to have the first reading.

Chairman Parker moved, to approve the process that the Town Administrator has started to bring revisions to the personnel policy handbook to the July meeting for the first reading with the Selectmen to be provided a copy and submit comments. Motion failed with no second.

It was discussed that the personnel policy handbook becomes available to the public at the first reading. Selectman Blomback mentioned the accrual of sick time and asked if those changes should be made first. Mr. Flynn said those changes should be proposed for the first reading. Selectman Blomback said that he is only one out of five and the other four selectmen could look at the book and may say the status quo is fine. If they make changes in a public place instead of private then it could cause more of a reaction. Chairman Parker said it will all be done in public anyway, if they are advertising the hearing on the personnel policy the public will be here. Selectman Aucoin said if they are advertising a public hearing they should not be presenting changes. Changes can be made to the manual at any time.

Selectman Watman suggested that the Town Administrator list the changes to be made and avoid going through the entire policy. If there was no change then it should not be included in the packet.

Selectman Blomback said that he can finish his comments, changes and notes in one week.

Chairman Parker moved, Selectman French seconded to support the Town Administrator’s process and by the first meeting in September be prepared for the first reading and the Selectmen will return their comments between now and then. Passed 5-0-0

Item 8: Discussion concerning status of Building Inspector position

Mr. Flynn informed the Board that the Building Inspector position has been advertised, but he did not know for sure if they really needed to have one. He spoke with the Fire Chief and the Fire Inspector to discuss the scenario. They were not too keen on it because they thought he was trying to eliminate fire inspections. Mr. Flynn has communicated for several weeks with New London and found out they have no building code. He met with three people last week to discuss New London system and after looking at three locations that requested an inspection or permit, he was convinced when he returned, that they need to have a Building Inspector. The original ad stated that the applicant had to be certified, they need someone who has a firm background with the building code. Not sure if they will find someone that is certified, but he wants to see what is out there. The other alternative would be to not have a Building Inspector and not give out CO’s on residential. In New London the Fire Department does not do inspections on single family homes; the policy is for people to call the State Fire Marshall if they needed a CO. He thought that maybe that is the route the board could go, but in talking with Henniker’s Fire Chief and Inspector they were amazed at what was going on in New London. Mr. Flynn is convinced that would be the wrong way to go because not having an inspection by the Fire Department is an injustice to the people.

Selectman Aucoin asked if rather than having a Code Enforcement Officer of their own, they can hand out references for people who do that kind of work. It was discussed that the town is not liable if the inspector was to miss something.

Chairman Parker said commercial building inspectors have to be licensed in the state.

Selectman Blomback commented that in New London the cost of a building inspection has to be the burden of the home owner.

Mr. Flynn said that eliminating the building inspections would eliminate cost and paperwork. He can lay out the details at the next meeting.

Selectman Aucoin would like to look into code enforcement companies, for single family homes, that can be hired.

Selectman Watman said if they are going to have debate on whether or not to have a Building Inspector, the attorney references on the subject should be forwarded to members of the Board.

Chairman Parker said they have accepted the fact that the state requires applications of building codes for commercial properties and you need to have a Certificate of Occupancy. Selectman Watman said there is another opinion in 2008 that Bart Mayer states that the Fire Department can only enforce the state fire code and local codes are to be enforced by a local Building Inspector. Chairman Parker said the state code about private residencies having to apply, sets up the regulation.

Selectman French commented on the number of complaints they may receive over not having a Building Inspector and a bank requiring an inspection.

Chairman Parker said they need to spend more time on the subject before hiring a Building Inspector and review the memos from Bart Mayer. Selectman Blomback asked if Bart Mayer could give a yes or no comment on whether it is legal or not to have or have not a Building Inspector.

Selectman Watman asked where they stand if someone comes in and looks for a Building Inspector. Mr. Flynn said Mick Costello is helping as interim inspector.

Item 9: Discussion concerning “Inventory of Taxable Property” form from DRA

Mr. Flynn said he put this on the agenda to inform the Board, although they have not done this for 15-18 years. The inventory form will address the problem of determining costs, they could be heavily fined for not filling out the form. It will cost the town $1,500 to $1,800 total including postage. This is not budgeted for this year, but if they are told to do it they would. Mr. Flynn said there are 2,100 parcels and everyone would get the form and be required to return it. Chairman Parker said it will cost a significant amount of time and effort and if people don’t fill them out, are they going to enforce it.

Selectman Aucoin asked if there is any sense in doing it this year because of the reassessment.

Chairman Parker moved, Selectman Blomback seconded to not have the Town Administrator use PA-28 form.

Mr. Flynn said the advantage is to catch things that did not have a building permit for and there would be some significant savings in the future. Mr. Flynn said if they get the inventory this year or next and hand the form out every year, then continuing the inventory would allow the town to have a reevaluation every ten years instead of every five years.

Selectman Watman raises the issue because next year it would be key to whoever is on the Board to look at the savings involved; $130,000 is being spent on the current reevaluation.

Selectman Aucoin thinks if they decide to go this route that a clear statement should be put forth at Town Meeting and forms should go out with the tax bills once a year.

Selectman French asked if they anticipated the cost to compile all the information when it comes back. Mr. Flynn thinks that $1,500-$1,800 would take care of the whole cost, the labor would be done internally.

Chairman Parker moved, Selectman Watman seconded to not do it this year. Passed 5-0-0

OTHER BUSINESS

Item 10: Goals and Objectives – Town Administrator Peter Flynn

Mr. Flynn said the purpose of presenting goals and objectives to the Town Administration and the Board of Selectmen is to have a chance to review what the department heads wanted to have done. Mr. Flynn does an evaluation with the department heads after they present to the Board. The Board will be reviewing Mr. Flynn in July, not just based on goals and objectives, but there is a form used by the Selectmen to review the Town Administrator.

The goals and objectives of the Town Administrator for 2009-2010 were:

· Processed all documentation for the engineering, bid specs and construction of the rehabbing of the Western Ave Bridge, he has accomplished and met his responsibility that he said he would meet last year.

· Developed a program to apply for grants for Safe Routes to School. He will be the administrator of the grant if received.

· Prepared estimates and secured bids for a town revaluation for 2010, monitored all aspects of the program.

· Developed and modified duties of staff and created new physical layout of the town hall office space.

· Developed new system for budget preparation to include a standard supporting data sheet. Each budget had the same format.

· Followed through will all the projects as approved by the Town Meeting, including Community Center roof.

The goals and objectives of the Town Administrator for 2010-2011 are:

· Recommend and administer a new Capital Reserve Fund to be known as “Town Buildings Repair Fund.”

· Prepare budget and presentation for revamping the Town’s web page. This can be done, but will carry a fee, Mr. Flynn will have a proposal.

· Revise the Town’s Personnel Policies to be brought up to standards that address potential legal issues and ambiguous language.

· Follow through with projects approved at Town Meeting

· Follow through with implementation of Safe Routes to School Program

· Intentions of undertaking aggressive stance on Code Enforcement / Zoning Ordinances

· Demonstrating a need for additional legal funding to bring legal action for code and zoning violators

Mr. Flynn said there are many others that are within his job requirement, these are the items that stood out.

Selectman Blomback asked about what he means by aggressive stance on Code Enforcement.

Mr. Flynn said to actively look for violators and follow through and have successful legal court action.

Item 11: Town Administrators Report

Lot 98 Purchase Proposal – updated tonight
Repair of Community Center Roof – finished last Friday, the lead paint certification complete
Road Management Plan Committee – coming before the Board in July
Western Avenue culvert – Mr. Flynn said this is going to happen in 3-4 weeks. A preliminary meeting was held. Mr. Flynn said he is pushing with Assistant Superintendent of the Highway Department to put the sidewalk in at the same time to save money and take care of the drainage problems that need to be addressed anyway.
Hiring of new Building Inspector – updated tonight
Solid Waste Disposal Committee Report – will be presented on July 13 special meeting
Revisions to Employee Handbook – updated tonight
Safe Routes to School – updated tonight
ADA Compliance at Town Hall – The response from Town Counsel stated that they have to conform and leave the door open. The lawyer feels nothing else will work accept leaving the door free and open.
Goals and Objectives – Rescue Chief Tom French
Goals and Objectives – Town Administrator Peter Flynn
Goals and Objectives – Police Chief Ryan Murdough
No smoking policy at Town Hall baseball field – Mr. Flynn said he is trying to put it together, he will do the research
Old Warner Road Application – Mr. Flynn said this is on hold because they are waiting to see if the other situation on Lot 98 is consummated.
Athletics for Youth Committee, Study Committee for Recreation Director – Mr. Flynn said that the Board approved the committee. The next step would be to put in the consent agenda those who want to sit on that committee.
Western Avenue Bridge – updated tonight
Energy Committee, Grant Proposal – Mr. Flynn said there are many forms required. This involves nine buildings. Selectman French is concerned with Mr. Flynn doing a lot of the work for NEC for the grant. Mr. Flynn said NEC has done a lot of their work, he needed to sign all of the documents for NEC.
Rock ‘n’ Birch Campground – Mr. Flynn said this is in the works, the town attorney is on vacation for two weeks but he has marching orders to proceed.

Selectman Aucoin commented on the Athletic Director. Mr. Flynn said the Committee is going to do a study to see if they really need a Recreation Director or not. They are doing all the research and he is working with them.

Item 12: Selectmen’s Reports

Selectman Aucoin said the Athletic Committee wants to pursue researching hiring a director.

Selectman Aucoin said there was discussion at the Athletic Committee meeting regarding Mary’s Run and whether or not to try to keep it going.

Selectman French said he went to awards night and they were speaking about the last Mary’s Run. He said that he got the feeling that they had enough money to do the scholarship but they need to consider what the family wishes.

Selectman Aucoin said the Athletic Committee is going to try and come up with signage to hang up on the concession stand in regards to the Code of Ethics.

Selectman Aucoin said the Athletic Committee discussed the backstop on the girl’s field. It was discussed that apparently there has been money set aside to have it dug out, but the Committee is not sure if that is where they want the backstop. They are currently looking at the possibilities of moving the backstop. Selectman Aucoin asked if the ability is there to flatten material that is there and remove the extra material. Mr. Flynn said that the Army Corps may have authorized that to be a location of another field. Selectman Aucoin said he was asked, by the Committee, to speak with Mr. Flynn and asked if the money is there to put sand in. Mr. Flynn said there is $4,500. Mr. Flynn said that it was sold at Town Meeting and to the Selectmen as a practice field. Selectman Aucoin said they would be happy to continue it as a practice field but they want to put the dirt down. The Committee would like to know if it is feasible to move the backboard.

Selectman Watman informed the Board that Henniker Crushed Stone came before the Conservation Commission and they discussed the water quality of Amey Brook, which is in danger. Selectman Watman said that Henniker Crushed Stone noted that it is possible that the pollution was coming from another source. At the meeting Henniker Crushed Stone stated that they were uncertain if they were going to pursue this road, they were strongly pursuing Old Warner Road.

The Board discussed the Town Administrator job evaluation process. Selectman Watman said they did not have a formal system; he put this evaluation together with the Town Administrator.

Mr. Flynn said the process will be that he will send this form to the members of the Board to be filled out and sent to Chairman Parker’s home address. Chairman Parker will compile the scores and give Mr. Flynn his copy in advance of the evaluation meeting.

Item 13: Non-pubic Per RSA 91-A:3II (c) Legal

Chairman Parker moved, Selectman Blomback seconded to enter into non public session @ 7:50 p.m. pursuant to the authority granted in RSA 91-A:3II (c). A roll call vote was taken, Selectman French – yes; Selectman Aucoin – yes; Selectman Blomback – yes; Selectman Watman – yes; Chairman Parker – yes. Passed 5-0-0

Chairman Parker moved, Selectman Watman seconded to seal and restrict the minutes of the non-public indefinitely due to personnel matter. Passed 4-0-0

Chairman Parker moved, Selectman Watman seconded to adjourn the meeting at 10:30 p.m. Passed 4-0-0

APPROVED

Henniker Board of Selectmen

Minutes

June 8, 2010

Attending: Chairman Leon Parker, Selectmen Tom Watman, Leo Aucoin and Bob French

Also: Town Administrator Peter Flynn

5:00 pm

The board voted to go into non-public session at 5:01pm, per RSA91-A:3, II (d)

Roll call vote:

Mr. Parker-yes, Mr. Watman-yes, Mr. Aucoin-yes and Mr. French-yes

6:14 pm Board came out of Non-Public.

6:15 pm- Board voted to adjourn 4-0

Town of Henniker
Board of Selectmen Meeting
Tuesday, June 1, 2010
Henniker Town Hall

Members Present: Leon Parker, Chairman; Thomas Watman, Selectman; Leo Aucoin, Selectman;
Kris Blomback, Selectman; Robert French, Selectman

Town Administrator: Peter Flynn

Guests: Robert Howard, Barbara French, Mike Crocker, Judith Miller, Howard Miller, Deborah Dow, Larry Colby, Sue Coral, Stephany Marchut Lavallee, Keith Gilbert, Nicole Gage, Scott Davison, Pete Fernandes, JoNE O’Connor

Recording Secretary: Cherry Palmisano

Chairman Parker opened the meeting at 6:15 p.m. with the Pledge of Allegiance.

Chairman Parker thanked those who organized and conducted the parade.

Selectman Blomback moved, Chairman Parker seconded to approve the Consent Agenda, with the exception of one item, as presented. Passed 5-0-0

Public Forum

Stephany Marchut Lavallee commented on Chief Gilbert’s goals and objectives. She said that she was excited to hear he will clean and repaint the truck bays at no cost to the town by utilizing the Adult Diversion program.

APPOINTMENTS

Item 1: Mike Crocker and Rob Howard – Henniker Congregational Church UCC – Discuss road history and request for repairs on roadway between Church and Church Hall

Mr. Ron Howard said that he took it upon himself to do legal research on the Church Road. He said that this was of particular interest to him because he lives in the vicinity. Mr. Howard could not find anything in the town records as to when the road was started. Mr. Howard mentioned that the HERD atlas was published in 1892 and did not include the road. The next indication that Gould Street even exists is the deed from his house in 1895. Mr. Howard said that Volume II of Just a Line from Henniker contains pictures. There is a deed from 1895 that documents that Doris Brown gave the land to the church. Mr. Howard said that Gould Street just happened, and was not laid out by the town. The mural at the front of the Town Hall shows a picture of the Church with the horse sheds in back. Mr. Howard said there is a blowup of an USGS survey prepared in 1929 and updated in 1940 which now shows Church Street. Chairman Parker said that presumably Church Street came about between 1929 and 1949. Mr. Howard said yes; the road just happened. The current situation is that it is a town road, maintained regularly and plowed during the winter. Mr. Howard said that the road is well used by school employees and by the public during the week and is a valuable asset to the public. The church recently acquired the flower shop and is now in the vision committee process to view the uses for the properties. Mr. Howard said that there was a concern last winter over the pavement being torn up and said that if it is a town road, like he thinks, the town has the duty to maintain it. Mr. Howard said the Church will tell the town what they would like to do with the land, and let the town know what they vote on.

Stephany Marchut Lavallee said she just thought it was a parking lot for the church not a town road. She asked what portion is church and what portion is town. Mr. Howard said it is all church property, but rights have been given to the townspeople to use the road. Customarily the town has plowed that area on a regular basis and has done repairs when necessary.

Chairman Parker said from the looks of the maps there is a stronger position to take that it is a town road.

Selectman Watman said he cannot dispute it one way or the other, but there is flimsy proof of the markings, and over time people have used it as a road. He pointed out that if it really is a road, the church should consider that it will have to be brought up to standards. Selectman Watman said they will need to decide whether it is one way or two ways, entrance or exit on the road and any other restrictions. They will also need to determine if it may or may not fit into the church vision committee plans. Selectman Watman said that the church ought to consider if it is desirable having cars coming off Rt. 114 and may need to consider some safety measures.

Mr. Howard said he hopes they can all work together and said it is customary usage that determines its usage.

Selectman French said if they want it to be deemed as a town road, and if the town puts money into it as a street the church cannot then decide to not use it as a street.

Chairman Parker said if it is an official street it will need to have stop signs at both ends.

Mr. Howard said the status quo is fine with them.

It was discussed that the town would notify the church if they decide to do anything with the road.

Selectman Watman asked if the parking lot is town property. Mr. Howard said the town has plowed it for over five years. Selectman Watman said letting people use the parking lot does not determine that it as part of the road. Mr. Howard commented on the usage and the fact that the town has maintained it. Selectman Watman asked if Mr. Howard stated that all of the hot top is part of the road. Mr. Howard said yes. Selectman Watman said it is a parking lot and the church usage justifies the parking lot for the church. Mr. Howard said he does not see the town and the church being opponents in the future.

Chairman Parker said they accept the challenge of the research project being assigned to the Town Administrator.

Stephany Marchut Lavallee said there is nothing in the town customs that indicates that the road is to be used by the public; she has never parked there and thought it was private property.

Selectman Blomback asked if the church has a preference.

Mr. Howard said the status quo is fine, but they might have a preference in the future.

Item 2: Rescue Chief Tom French – Goals and objectives for 2010-2011 (Cancelled)

Item 3: Fire Chief Keith Gilbert – Goals and Objectives for 2010-2011

Mr. Flynn said the objectives given last year were a drill with NEC, continue the training program at the NH Fire Academy, improve mobile database of building construction/occupancy data, complete implementation of multi-unit residential inspection program, air handling, and the website for Fire Department all of which has been done; the painting has not been done.

Chief Gilbert said they conducted field day training at NEC with the students. He said that the incoming housing staff and RA’s went to the NH Fire Academy so they could demonstrate and explain their role in getting the students out of the buildings safely. In addition, because that program is only aimed at the staff, they also had a students firemen’s muster. Chief Gilbert said that they had a live burn with a mock dorm room built by the college.

Chief Gilbert informed the Selectmen that they have been having an arson problem at NEC and have spent countless hours there. There have been numerous small burns, but the Fire Department is not having much luck changing the mind set at NEC. A fire killed two people. Chief Gilbert said the Fire Marshall’s office, Police Department, and NEC are trying to develop information for incoming students next year. Chief Gilbert’s goal is to work more with the college.

Chief Gilbert said that mobile databases have added a lot of structure, but they have not made any progress, the data is out there and he would like to get it into the trucks. He would like to have the property information installed in the laptop. Chief Gilbert said that all of the information has to get tied into the database and said it is a large project that will take time.

Selectman Aucoin said he would think it would be top priority to get the commercial buildings into the database. Chief Gilbert said it is a long term project and NEC has scanned all of their properties.

Aucoin asked if there was any thought about having residents bring in PDF files of their property. Chief Gilbert said for new construction.

Chief Gilbert said they are now into the second and third inspections of the multi-unit residential inspections; the inspections are voluntary.

The air handling system is installed and running, not painted, and will be a minimal expense to the town.
They changed all the building codes.
The website is where they said it would be, but not all the information is there.
They will be applying for a forestry grant this year.
Last year they applied for updated breathing apparatus and high pressure apparatus for the trucks.

Chief Gilbert said his goals for the upcoming year are modest due to significant cuts in their budget. Their primary goal is to work with NEC, particularly with the arson problem. Selectman Watman asked if the college has been cooperative. Chief Gilbert said they have been very cooperative. There have been no arrests, but dozens of interviews have been held. He said there have been fifty incidents during the school year. Chief Gilbert said that the new Campus Fire Act requires that they file an official report.

Selectman French asked if there are security cameras. Chief Gilbert said no, they are reluctant too, students do not want to be videoed.

Chief Gilbert said they are working on safety stripping for the trucks, engine and heavy rescue because there is a new standard that requires Chevrons on the vehicles and they have to bring them up to standard. They are also working on getting nozzles attached to the trucks.

Chief Gilbert said that they have had unplanned maintenance this year. They had to repair an engine due to pump failure, which was noticed during regular maintenance, on a truck they are scheduled to keep for the next five years. They have also had significant problems with the ladder truck, totaling $1,200 in repairs. Chief Gilbert said they are really tight on the budget this year due to the $7,000 in repairs that were not budgeted for. Last year at this time they had 126 calls and they are currently at 140 calls and have had more significant fires this year. At this time last year they were at 869 hours and are currently at 1,200 hours and have spent $3,600 more on manpower for the year.

Selectman Blomback mentioned the mobile database and asked if the 911 renumbering they did a number of years ago corresponds. Chief Gilbert said that it does correspond. Mr. Flynn said all of the tax cards are updated.

Selectman Aucoin asked if NEC is billed for the calls. Chief Gilbert said the town’s policy is after three false calls they bill, but there are definitely burn marks.

OLD BUSINESS

Item 4: Updating Selectmen appointments to committees

Chairman	Leon Parker
Vice Chairman	Kris Blomback
Standing Committees	Assignments
Planning Board – Regular	Chairman Parker
Planning Board – Alternate	Selectman Watman
Capital Improvements	Selectman Aucoin
Community Center	Peter Flynn – Liaison
Highway Safety	Selectman French Chairman Parker, Alternate
Athletic Committee	Selectman Aucoin
Historic District Comm.	Selectman Blomback
Road Management	Selectman French
Paper Mill Site	Chairman Parker
Recycling	Selectman Blomback
Conservation	Selectman Watman
Special Committees
Energy Committee	Selectman Blomback
Scenic Byway	Selectman French
Water/Sewer Commissioners Study Committee	Chairman Parker

Item 5: Review and adopt public and non public minutes of May 11, 2010 and May 25, 2010

Selectman Blomback moved, Selectman Watman seconded to approve the public minutes of May 11, 2010. Passed 5-0-0

Selectman Aucoin moved, Chairman Parker seconded to approve the public minutes of May 25, 2010. Passed 4-0-1 Selectman Blomback abstained

Selectman Aucoin moved, Chairman Parker seconded to approve the non public minutes of May 25, 2010. Passed 4-0-1 Selectman Blomback abstained.

NEW BUSINESS

Item 6: First Reading – Transfer Station policy restriction of removing certain materials from the facility

Mr. Flynn said there has been an ongoing issue with people scavenging items from the Transfer Station. It was discussed that people should not be taking anything other than items at the swap shop. A lot of the items being removed are items that bring money to the town. Mr. Flynn said he put together a workable ordinance.

Chairman Parker said the ordinance does allow for employees to take items and he asked if the Board is comfortable with employees doing this. Mr. Flynn thinks it is best to forbid everyone from taking items. Mr. Flynn said there have been occasions when the department can use a piece of equipment.

Selectman Aucoin said there may be times when a resident sees something that might be usable to them and can then ask an employee to remove the item for them. He would not like anyone in the dumpster.

Mr. Pete Fernandes said that they have always let people take items that would be useful to them, but lately people have been abusing the privilege. They charge residents to dispose of air conditioners. He said that people know there is a lot of copper in the air conditioners and they take them to make money from selling the copper.

Selectman Aucoin said that they can put up signage to allow people to come get an attendant to retrieve an item for them. Mr. Fernandes said they put fencing around the scrap metal to make it inconvenient and signage that states that it is town property and not to be removed. He said that people want to take refrigerators and air conditions to scrap the metal, but they are not licensed to remove them.

Chairman Parker said there is a liability issue.

Selectman Blomback mentioned the construction debris. He said the town has collected money to take it in and if people take it then the town will not have to pay to dispose of it.

Selectman Watman said if they want to permit employees to make decisions on who can take what, then they need a policy to make it fair and not discriminating. If they are charging people to drop off certain items, then they should not let people take those items. Selectman Watman said they can make it a broader policy and let the head of the Transfer Station close it off if he sees they need to. Selectman Watman Chairman Parker said they have lived without a policy for several years.

It was discussed that the policy only refers to scrap metal.

Mr. Fernandes said once a week they clean out the swap shop. He said he does not like people taking things out of the construction debris containers.

Stephany Marchut Lavallee said putting the fencing up is a deterrent, she does not feel there needs to be a policy. She said the employees can call the police if there are people stealing,

Selectman Watman said there are some transfer stations that do try to sort things out and sell or let residents take items

Mr. Fernandes said they don’t separate their metals and do not have the manpower to sort.

Selectman Blomback said that he is not in favor of the policy and trusts Mr. Fernandes to be able to make judgment calls.

Chairman Parker moved, Selectman Blomback seconded that they table this until they deal with the whole subject of solid waste and the organization of the transfer station.

Selectman Watman moved, Selectman Blomback seconded to amend the motion to grant temporary authorization to the Transfer Station to close off access to the scrap metal collection as they deem necessary. Passed 5-0-0

Motion to table the discussion Passed 5-0-0.

Item 7: Review Year to Date Budget Expenditures – Town Administrator

Mr. Flynn said he does not see any major red flags in the budget. He said that the Fire Department will hold off on other items to be able to do the repairs on Engine 2. Mr. Flynn said that he is concerned with the Welfare Budget. There is 55% left in the budget with seven months remaining in the budget year. Mr. Flynn said that all other departments are living within their budgets.

Selectman French said there is only 7% left in the cemetery budget. Mr. Flynn said the cemeteries down on Old Concord Road are private. The cemetery maintenance is contracted and already expended.

Mr. Flynn said that the Town Office budget is doing very well. The Highway and Streets budget has 47% remaining.

Selectman Aucoin mentioned the maintenance budget being over on equipment maintenance. Mr. Flynn said they have someone who maintains and services the equipment, but they have had major repairs. Selectman Aucoin said some major breakdowns are unpredictable, but some can be prevented by maintenance.

OTHER BUSINESS

Item 8: Town Administrator’s Report

Mr. Flynn said the cleaning service has been terminated as advised. He informed the Board that McGourdie Cleaning was only interested in cleaning the Police Station. Skylight Clean was very interested in cleaning all of the buildings and will live out the previous contract until the end of the year.

Mr. Flynn mentioned the conflict of interest regarding an employee leaving his personal business cards at an establishment. Mr. Flynn said that some recommendation will be forth coming before the next meeting.

Lot 98 Purchase Proposal – Mr. Flynn has not heard from Attorney Dresher, but he assumes he will receive something in the next couple of days.
Repair of Community Center Roof – The roof is currently being repaired; there have been no surprises.
Road Management Plan Committee – There will be a meeting Monday night. The Committee has accumulated a spreadsheet of what they feel is their responsibility and charge for Selectmen.
Western Avenue Culvert – Work will be starting the 3^rd week in July in the area.
Change of Fees for Building Permits – Mr. Flynn said they have been talking about this for a while, but he will be putting it on hold. They are looking to change the building permit and inspection process. He will have something to present to the Selectmen on June 22.
Solid Waste Disposal Committee Report – The committee will be coming before the Board on July 13^th.
Revisions to Employee Handbook – Mr. Flynn said there are some language changes and the other changes are not drastic. He will be presenting it to the Selectmen this summer.
Safe Routes to School – Mr. Flynn said that he met with the regional planners last week. There were a couple of additional points of information they needed at the DOT. He will be meeting with them within the next week.
ADA Compliance at Town Hall – Mr. Flynn said that a letter was sent to him as a result of an incident. He said that the staff does not prefer to have the back door unlocked all day long. It was discussed that when the door opens a buzzer could go off.

Ongoing

Old Warner Road Application – This was put on hold.
Athletics for Youth Committee - Study Committee for Recreation Director – Mr. Flynn said he gave the Athletic Committee a draft job description; it is a slow process.
Army Corps Land – Athletics for Youth Committee Request – Mr. Flynn said that this will be ongoing. Selectman Aucoin mentioned that the committee said it was more of an inconvenience to have to use NEC’s fields. Selectman Aucoin said he understands the situation, but he is looking at cost. Selectman Aucoin mentioned the land on Old Concord Road. He said that fields require ongoing maintenance, and right now the college does all of that. Mr. Flynn said NEC only uses the fields when they are in session. Selectman Watman said they don’t have enough fields for practices. He said they have explored other land available in town and have not found anything flat enough. Selectman Watman said that there is a cost to lease the soccer fields. Selectman Watman said that if this Board is considering going back on that agreement they should inform the Athletic Committee. Chairman Parker said they should not be discussing overturning the actions of a previous Board during the Town Administrator’s report. Selectman Watman wants to make sure that until the Board changes the direction, those directions still stand for the Town Administrator. Chairman Parker said that nothing will happen for now. Selectman Aucoin would like to ask the Board if the Athletic Committee can approach NEC for more playing time. Chairman Parker said they already have. Chairman Parker said no other action needs to be taken other than to tell the Town Administrator that he does not have to keep reporting on this item.
Junk Yards – Chairman Parker said to take this item off the list.
Western Ave Bridge – Chairman Parker said that he is contemplating asking Matt Lowe about what can be done.
Energy Committee Grant Proposal – Mr. Flynn said they have received a contract to fill out; he has all the documentation in the works.
Rock’n’Birch Campground – Mr. Flynn said that this is in legal hands and there is no information to report tonight, but the process is started.

Item 9: Selectmen’s Reports

Selectman Watman said that he attended the Planning Board meeting and that the request from the gentleman on Depot Hill to hold weddings and small events was approved. Pat’s Peak was given permission to relocate the ski patrol. Selectman Watman said by the next meeting he is planning on bringing forth proposals for the next budget season.

Chairman Parker said in reading the minutes from the Planning Board, in the case of the site plans, they accepted the revisions but did not approve them.

Selectman Blomback thanked Mr. Flynn and Russ Roy for putting together the Wage and Benefit information.

Chairman Parker said at the Planning Board work session they finished the redraft of the Henniker Excavation Regulations, which basically refers to RSA 155E and is the state’s regulation.

Chairman Parker said he will also have recommendations for reorganizing the budget.

Chairman Parker mentioned Mr. Flynn’s review.

Item 10: Non-pubic Per RSA 91-A:3II (c) Legal

Chairman Parker moved, Selectman Watman seconded to enter into non public session @ 8:15 p.m. pursuant to the authority granted in RSA 91-A:3II (c). A roll call vote was taken, Selectman French – yes; Selectman Aucoin – yes; Selectman Watman – yes; Selectman Blomback– yes; Chairman Parker – yes. Passed 5-0-0

TOWN OF HENNIKER

BOARD OF SELECTMEN MEETING

Adopted - Public Minutes

May 25, 2010

Present: Chairman Leon Parker, Selectmen, Thomas Watman, Leo Aucoin and Robert French

Selectman Kris Blomback –recused due to a possible conflict of interest

5:05 pm

Chairman Parker called the meting to order.

Motion by Thomas Watman to go into non-public session, Seconded by Leo Aucoin

Roll call vote: Mr. Parker, yes; Mr. Watman, yes; Mr. Aucoin, yes; Mr. French, yes.

6:00 pm

Board came back into public session.

Motion to adjourn: Tom Watman, Seconded by Leon Parker; Parker, Watman, Aucoin and French voted yes.

Town of Henniker
Board of Selectmen Meeting
Tuesday, May 11, 2010
Henniker Town Hall

Members Present: Leon Parker, Chairman; Thomas Watman, Selectman; Leo Aucoin, Selectman; Kris Blomback, Selectman

Town Administrator: Peter Flynn

Guests: Joyce Bosse, Stephany Marchut Lavallee, Ron Lavallee, Scott Dias, Robert French, Kellie Dyjak, Nicole Gage, Russell Clark, Tim Lamphere, Kimberly Johnson, John Prieto, Ron Taylor

Recording Secretary: Cherry Palmisano

Chairman Parker opened the meeting at 6:15 p.m. with the Pledge of Allegiance.

Selectman Watman moved, Selectman Blomback seconded to approve the Consent Agenda as presented. Passed 4-0-0

Public Forum

Mr. Scott Dias, Craney Hill, said that spoke with a few Selectmen regarding inappropriate actions of a town employee. Mr. Dias said that he was in Mary’s Coffee Shop and noticed the business cards of the Building Inspector were on the counter to solicit business as a building contractor.

Mr. Flynn said he spoke with the employee directly after speaking with one of the selectmen and the employee said he was going to take his cards away immediately.

Mr. Dias said he removed the business cards. Mr. Dias asked how many infractions they are going to maintain before they take any action. Mr. Flynn said it does involve an employee and the issue will need to be discussed.

Chairman Parker said Mr. Flynn is the one to speak with and any correspondence needs to be in writing. Mr. Flynn said he has never received anything in writing from Mr. Dias, but despite no ‘complaint form’ being submitted, he (Mr. Flynn) has dealt with any issues brought forth with the employee involved. Mr. Flynn has received written reports from the employee (as is the process) but never has received any written complaints from the public including Mr. Dias.

Item 1: Kayla Parcells and Maryellen Schule – Henniker Community Center Activities Committee: “Feed the Hungry” Project. Requesting approval for Board Use of Community Park.

Agenda item 1 was cancelled.

Item 4: Review and adopt public and non public minutes of May 4, 2010

Selectman Watman moved, Chairman Parker seconded to approve the minutes of May 4, 2010 as amended. Passed 3-0-1 Selectman Blomback abstained

PUBLIC HEARING

Item 2: Henniker Athletic Committee for Youth Policy Re: “Participant Exchange” for Youth Athletic Programs

Selectman Watman explained that at a previous meeting they approved the fee for children to come in from another town to play on a Henniker team. They are facing the issue for the first time and felt they could set up a policy. They also want to ensure that if they accept a non resident, by season not general acceptance, that they do not get accused of stealing other town’s players. This policy would also provide some regulation on how locally budgeted tax money were spent if it were for a Henniker child to participate in another towns sport.

Mr. Tim Lamphere, Henniker Athletic Committee, said they came to the Board to get the approval for the original couple of kids, those kids ended up not playing, but they got the approval from the Selectmen. Henniker has had kids play for other towns and they were not charged. Mr. Lamphere said he is afraid of what will happen if there are not enough kids to play and they need other kids from other towns to play. This policy is only available for kids to play sports the town already offers, but does not have enough players to make a team. Mr. Lamphere said that Selectman Watman wrote the policy, hopefully they won’t have to use it, but it is good to have in place in case the issue was to arise.

Stephany Marchut Lavallee said she is concerned with hearing Mr. Lamphere say they may not have enough kids to make up a team, but the committee is asking for additional fields.

Mr. Lamphere said they do not have their own town softball field; they have one baseball field and need to wait until the college’s season is over to utilize their fields.

Chairman Parker said the need for fields is separate from this issue. They are discussing if another town has a couple of kids they can’t fit on their own team and need to come to Henniker.

Mrs. Marchut Lavallee said she is concerned with overlapping these issues. She spoke regarding hiring an athletic director and thinks there will be administrator work that needs to be done with the program and what is listed.

Selectman Watman does not see it as much of a job; he understands there are league and coach meetings. He said this was brought up due to basic need and trying to guard against the stealing of ball players. Selectman Watman doesn’t want to have bad feelings between other towns. He is not in favor of setting up a full time position to handle the phone calls.

Mr. Ron Lavallee asked if the town that assumes the kids are then liable.

Mr. Lamphere said the insurance is based on teams, not players, and other towns pay into the same insurance pool.

Nicole Gage commented on Mr. Lamphere stating that this would apply to only sports the town offers. She asked if they would pay for another kid from Henniker to play lacrosse.

Selectman Watman referred to item #9 in the Sports Program Participation Exchange Policy stating that no funding shall be provided for sports that have not been approved within the Henniker Athletic budget.

Chairman Parker asked if they need item #10 in the policy.

Selectman Watman said since they receive regular meeting minutes from all committees, if a decision was made at a committee they would be aware of, if did not happen at a meeting they would not know.

Chairman Parker said that he does not see the need to accept an additional report on December 31^st.

Chairman Parker moved, Selectman Watman seconded to strike item #10. Passed 4-0-0

Selectman Blomback asked if there has ever been an instance when a kid has not been able to play.

Mr. Lamphere said this year it was close and they foresaw that it could happen when they saw that kids from another town did not have a team to play on.

Selectman Aucoin asked if it is that hard or awkward to come before the Board with a request. He is trying to alleviate the need for another policy.

Mr. Lamphere said they are just trying to eliminate the need for someone from the Athletic Committee to have to come to another Selectmen’s meeting.

Chairman Parker said item #6 states they need approval from the Selectmen anyway.

Selectman Aucoin asked if they need to have a Selectman on the Athletic Committee to bring forth information to the board because he is trying to eliminate more policies.

Selectman Watman said they have plenty of examples where the lack of policy has caused problems. He mentioned a group indicating that they need money, but are using their own money to fund a town type activity. This policy is to keep them out of trouble and to provide guidance to the committee so they do not need to guess what to do. He said that this provides a process to handle this request and any other process that can come forward. Selectman Watman mentioned requesting someone from the LGC to come to explain the importance of town policies and said that the lack of policies means that personalities and other factors can undermine good procedures. He said that he feels policies help eliminate legal fees.

Selectman Aucoin said that the last time the Athletic Committee came before the Selectmen there was no problem. He felt the process worked quite well and no judgments were made based on names.

Chairman Parker said they now have a nine item proposed policy and are in the second reading; he asked the Board what they want.

Selectman Watman moved, Chairman Parker seconded to waive the 3^rd reading and approve the policy as written. Failed 2-2-0 Selectman Blomback and Selectman Aucoin were opposed.

OLD BUSINESS

Item 3: Presentations from candidates for Selectmen (Term to expire – March 2011) followed by Board’s choice for appointment

Chairman Parker said there has been a fair amount of controversy on the procedure of how to fill the vacant Selectmen’s seat.

Chairman Parker said they will hear each applicant in the order in which they were submitted. He said there was confusion about the process. The Board will give the applicants an opportunity to speak for up to five minutes and then they will have to vote. If an applicant on the list gets three votes they will be voted in, if an applicant was to get two votes they will have to vote, and if there is a tie, the Board is not sure how they will proceed.

Mr. Ron Lavallee asked if the public can comment. Chairman Parker said no. Mr. Lavallee said normally they have a candidate night to ask questions. Chairman Parker said the candidate nights sometimes in the past were sponsored by the Business Association, not the town. Chairman Parker said that these people are looking to be appointed by the Board and under the RSA they don’t even have to go through this process. Chairman Parker feels this situation is better because it is giving the Selectmen the opportunity to have applicants speak to them to put a face to the name.

Chairman Parker said that there is one candidate that does not understand the process, could not be present, and has submitted something in writing. Chairman Parker read aloud the statement submitted by Dennis Hamel.

Dennis Hamel– Mr. Hamel has lived in town for twenty seven years. His letter gave ten reasons why he should be chosen to be a Selectman for the Town of Henniker.

Kellie Dyjak – Ms. Dyjak said that she inquired about the opening during the town election, but chose not to run against the incumbents. She has lived in Henniker for ten years and is proud to be a part of Henniker. Ms. Dyjak said she has attended NEC full time for seven years and has received degrees. She has worked part time locally and is currently working with the Kearsage School District. She chose to run for the Planning Board in 2005 for a one year term for the opportunity to participate in the municipality and has been a member of the Planning Board for fours years and has learned details of NH law. She has attended conferences through the state. Ms. Dyjak said her best interests are for the town of Henniker and its members and she would like the opportunity to help the residents of Henniker.

Ron Taylor – Mr. Taylor stated that he has lived in town for 40 years and has served on over ten committees and boards. He is a realist. Mr. Taylor said he has an excellent attendance record for all the boards and committees in which he has served. He knows the RSAs and knows finance and budgeting. Mr. Taylor said that he will be able to contribute immediately to the Board of Selectmen. He is semi retired which gives time to make well thought out decisions. Mr. Taylor said he runs a small business. He does not have an agenda and his personal decisions would not reflect his decision making for the town.

Robert French – Mr. French stated that he has lived or worked in Henniker for over 45 years and has gone through the Henniker school system. Like all candidates here tonight, he is looking to help Henniker prosper. He is responsible for supervising nearly 80 people. Mr. French mentioned his association with Mile-Away Campground and how this business now helps bring a great deal of clientele to the community. He has helped out at area funerals and has worked closely with White Birch Community Center at his facility for many years at no charge. He is the Vice Chairman of the association successful with getting the campground tax repealed. Mr. French said he is the President of the Henniker Snowmobile Club. He has raised money for local families. Mr. French has attended meetings of the newly formed Chamber of Commerce. He said he gets together for fundraisers for the Henniker food pantry and is a well-rounded individual. As Selectman he feels you cannot have a personal agenda and must have an open mind.

John Prieto – Mr. Prieto stated that he has lived in town for six years. He has a Bachelors in Psychology, owns a real estate appraisal company and a flea market. Mr. Prieto said that he has experience in dealing with various situations. His wife is from town. Mr. Prieto said that he has traveled extensively throughout the world and feels he can bring an outsiders point of view and also the view of a business owner and entrepreneur. He would like to become a Selectman because he does not believe in standing in the sidelines; he wants to help.

Chairman Parker said sometimes being a Selectman you reach a point where you need to make hard choices, and that the selectmen were now going to have to vote for only one of the several candidates, even though they might really like more than one. He called for a vote.

Selectmen Aucoin voted for Robert French

Chairman Parker voted for Ron Taylor

Selectman Watman voted for Ron Taylor

Selectman Blomback asked what the process would be if there was a tie.

Selectman Watman said they need to have three votes to appoint someone.

Selectman Blomback voted for Robert French

Selectman Watman suggested that they vote one more time by polling.

Chairman Parker asked for another vote:

Selectman Blomback voted for Robert French

Selectman Watman voted for Ron Taylor

Chairman Parker voted for Ron Taylor

Selectman Aucoin voted for Robert French

Selectman Blomback said there is a good pool of applicants.

Selectman Watman commented that hopefully they will all sign up to run for Selectman in March.

Chairman Parker asked for a third round of votes:

Selectman Aucoin voted for Robert French

Chairman Parker voted for Robert French

Selectman Watman voted for Kellie Dyjak

Selectman Blomback voted for Robert French

Chairman Parker declared Robert French the winner and new Selectman.

Mr. Flynn said there is an official form to sign for the appointment and the Selectmen signed it.

The Town Clerk swore in Mr. Robert French as a Selectman for the Town of Henniker.

There will be three openings for Selectman in March.

NEW BUSINESS

Item 5: Bid award recommendation for Community Center roof project

Mr. Flynn informed the Board that he advertised and received bids from five contractors. The prices varied from $39,000 to $21,400. Mr. Flynn said that he made several phone calls to each contractor to get a good feel for who would do the best job. He did not want to just go with the lowest bid because they have been burned in the past. The project calls for a certification for lead paint removal and only one company was certified. Mr. Flynn said C.R. Potter from Quechee, VT was the only company with the lead paint certification. He said that one company called back to state they were going to get the lead paint certification. Mr. Flynn asked the Board if they want him to contact all the companies again regarding the lead paint certification. Selectman Watman asked if the bid specification required the lead paint certification. Mr. Flynn said it was not stated in the specifications and has recently taken affect.

Chairman Parker said they will have to put additional materials in the budget for the Building Inspector due to the lead paint concerns.

Mr. Dias said if the area to be disturbed is less than 10 square feet you do not have to be certified. The regulation took affect April 22, 2010 and there are very few that are certified.

The following is a compilation of bids:

CR Potter – Quechee, VT $32,690

DGD – Northfield, VT $31,350

Exterior Weatherproofing Systems – Kingston, NH $27,600

All Roofing – Concord, NH $21,400

Holm-Zs’ Designs – Weare, NH $39,000

Selectman Watman said they have no right to hire someone without the lead paint certification and expressed his displeasure for not advertising the need for lead paint certification. He feels that there is an obligation to make sure the bidding process is equal and fair.

Chairman Parker said the need for lead paint certification is not going to get them any more bidders.

Selectman Watman feels it may have got them one more bidder that was licensed and that bidder could account for $1,000 - $10,000 less than what they received, since the price differentials are $10,000 from low to the high.

Mr. Flynn said the lead paint regulation is a federal regulation.

Selectman Blomback asked what is involved with getting certified. Mr. Dias said there is a $300 licensing fee, and an eight hour course with a $200 fee. Mr. Dias said that if the person does not have the certification and comes on board without knowing there could be lead paint, the cost could increase. Mr. Dias said they are not holding enough classes for people to get certified and there currently is not enough merchandise available to comply with the law.

Selectman Aucoin asked if there is lead paint on the roof. Mr. Flynn said there probably is because it was last done before 1974. Chairman Parker said the assumption is there. Mr. Flynn said there is a stiff fine if lead paint is not handled properly. Mr. Dias said the fine is $37,000.

Chairman Parker said with what was discussed, he does not have any problem with moving forward with C.R. Potter and recognizes Selectman Watman’s concern with the advertising for the lead paint.

Mr. Flynn recommends going with C.R. Potter. Chairman Parker moved, Selectman Aucoin seconded to award the bid to C.R. Potter.

Selectman Blomback asked Mr. Flynn why he was not impressed with Exterior Weatherproofing.

Mr. Flynn said in conversations with the owner of Exterior Weatherproofing he was confident, helpful and located only one hour from here, but he did not express interest in getting certified. Mr. Flynn said this job requires painting and scraping.

The motion passed 5-0-0.

Mr. Flynn said they had a budget of $36,000

OTHER BUSINESS

Item 6: Town Administrator’s Report

Old Warner Road Application – There has been no change since last weeks report
Lot 98 Purchase Proposal – Will be discussed in non- public session.
Athletics for Youth Committee Study for Committee for Recreation Director.
Army Corps Land – Athletics for Youth Committee Request – It is in the process. Mr. Flynn said they will not be getting a prompt response.
Repair of Community Center Roof – Action was taken tonight
Road Management Plan Committee – There will be a meeting on May 24 to solidify information that has been generated and they will hopefully be presenting before the Selectmen soon.
Western Avenue Culvert – Getting ready to start; possibly July
Junk Yards – Nothing new to report.
Western Avenue Bridge – Nothing new to report. Selectman Aucoin asked Mr. Flynn if John Margeson has been able to get any further on the brush cutting. Selectman Aucoin said the management of the brush will be a long time problem and it appears that it will be a long time before the bridge is complete.
Change of Fees for Building Permits – Mr. Flynn said the process is being reviewed and there will be a proposal for changes.
Solid Waste Disposal Committee Report – Mr. Flynn said they agreed last week that there will be a special presentation to the Selectmen on June 8^th.
Revisions to Employee Handbook – The meeting was postponed until next week.
Safe Routes to School – There was a meeting with the regional planners on Thursday morning and it looks encouraging for getting the $15,000.
Water/Sewer Shutoff Policy – This was signed off on tonight and it is formal.
Energy Committee - Grant Proposal – A mandatory meeting took place last Wednesday in Concord, the presenters of the meeting were ill prepared. Paperwork to be filled out with state is the first part.
Rock ‘n’ Birch Campground – There is nothing to respond to as of yet.

Item 7: Selectmen’s Reports

Chairman Parker commented on the DOT Cultural Resources meeting he attended with Mr. Flynn regarding the Western Avenue Bridge. He printed out all the emails that their engineer has had correspondence with SHPO (State Historic Preservation Office). Chairman Parker said that they are still not sure what needs to be done, even after the meeting and they are telling the engineer that he has to do the survey so he can tell them what to do.

Selectman Watman asked about the complaint voiced today regarding an employees actions in town. He said that years back there was a complaint concerning a Fire Department member and asked if they have any policy to regulate what an employee may or may not do when they are on duty. If not, they should look at adopting something to put in the personnel policy. Selectman Watman said that he does not know how many incidents they need to have before they consider having a policy in place. He suggests the Town Administrator take a look into seeing if there is some policy to put into effect.

Selectman Aucoin asked if it could be in the personnel policy.

Mr. Flynn said that he will check into it.

Chairman Parker said the incident they are discussing is a good example of the problems and a general conduct policy would not cover the issues that this particular employee has been involved with. Chairman Parker said there could be the possibility of having specific procedures for specific positions.

Selectman Watman said if it was in writing, they can then hold an employee accountable; they would have a better handle on situations in a fair manner if something was in place.

Selectman Blomback said that he understands policy, but has also seen where things written down have come back to haunt boards and business owners. He would rather go by the golden rule and make decisions, not create a policy for a situation that only happens once every so many years.

Selectman Watman would like to ask the Town Administration to have someone from LGC come before the Board to review policy and procedure. He believes the Board is on the wrong track regarding policies and thinks they should bring someone in to better inform them about policies.

Chairman Parker said at one time he wrote lots of policies, has dealt with lots of policies, and has seen both sides. He said he has a dilemma with the way the system works legally and with the personnel appeal system. Chairman Parker said he thinks that different people doing their jobs should have the good sense what to do or not to do. He thinks that the Town Administrator telling them what to do and then taking action based on the policy could get them into trouble if they get into a conflict situation. They are a government entity and have a high risk of employees disagreeing with actions taken against them

Selectman Watman said they need to have rules to be able to act on an employee. He said there is a certain amount of liability involved with not having rules.

Chairman Parker feels that Selectman Watman is inappropriately saying the board members are not aware of the need of policies.

Selectman Watman said that he is frustrated with the general issue of policies being out there every meeting.

Selectman Blomback asked Mr. Flynn if he had the chance to poll employee benefits. Mr. Flynn said yes. Selectman Blomback would like the information distributed to each Board member to review. Selectman Blomback explained that this is concerning all new hires having a different set of benefits at different levels and has nothing to do with existing employees. Mr. Flynn said he will have the information in their books for the June 2 meeting.

Selectman French asked if there is a personnel policy in place and stated that there are certain instances where it might be wise to add policies.

Chairman Parker moved, Selectman Watman seconded to enter into non public session @ 7:50 p.m. pursuant to the authority granted in RSA 91-A:3II (c). A roll call vote was taken, Selectman French – yes; Selectman Aucoin – yes; Selectman Watman – yes; Selectman Blomback– yes; Chairman Parker – yes. Passed 5-0-0

Selectman Watman moved, Chairman Parker seconded to come out of non public session @ 8:40 p.m. A roll call vote was taken, Selectman French – yes; Selectman Aucoin – yes; Selectman Watman – yes; Selectman Blomback – yes; Chairman Parker – yes. Passed 5-0-0

Selectman Watman moved, Chairman Parker seconded to seal and restrict the minutes of the non public session indefinitely. Passed 4-0-0

Selectman Watman moved, Chairman Parker seconded to Approve the minutes from the non public session of May 4, 2010. Passed 3-0-1 Selectman French abstained.

Selectman Aucoin moved, Selectman Watman seconded to adjourn at 8:42 p.m. Passed 4-0-0

Town of Henniker
Board of Selectmen Meeting
Tuesday, May 4, 2010
Henniker Town Hall

Members Present: Leon Parker, Chairman; Thomas Watman, Selectman; Leo Aucoin, Selectman

Town Administrator: Peter Flynn

Guests: Nicole Gage, Kellie Dyjak, Wayne Patenaude, Sally Patenaude, Joan O’Connor

Recording Secretary: Cherry Palmisano

Chairman Parker opened the meeting at 6:15 p.m. with the Pledge of Allegiance.

PUBLIC FORUM

Mr. Wayne Patenaude asked the Selectmen if they would be discussing Lot 98.

Chairman Parker said that they received a proposed Purchase and Sales Agreement from the town attorney. He said the Selectmen will review the Purchase and Sales Agreement tonight and might be requesting that the attorney make changes. Chairman Parker told Mr. Patenaude they would probably have the town attorney contact his lawyer to start negotiations within 2-3 weeks.

Selectman Watman moved, Chairman Parker seconded to approve the Consent Agenda as presented. Passed 3-0-0

OLD BUSINESS

Item 1: Discussion of applications for Selectman and continued discussion of process of appointment

Chairman Parker said that at the close of the application period they have received five applications. He recommends they take a week to review the applicants and at the meeting next Tuesday they consider them.

Selectman Watman asked if they are going to determine what the decision making process will be.

Selectman Watman moved, to invite the five applicants to the next BOS meeting for interviews. The motion failed with no second.

Selectman Watman said if they solicited applications they owe it to the five applicants to speak to the Board about why they want to serve and get their opinions on various issues. Selectman Watman said he does not know all of the applicants.

Chairman Parker said that Selectman Watman’s original proposal was that they each just come up with a name and he objected to that because he wanted to see if there was anyone new interested in becoming a Selectman. Chairman Parker feels they can review each applicant’s information and come up with a conclusion without interviews.

Selectman Watman feels these people deserve the opportunity to speak in public. He believes the normal procedure to replace a Selectman has been bias, his motion was rejected by the Board, he accepts that and is now saying that it is not fair not give them a chance to speak. Chairman Parker said they don’t bring people in to interview for any other committees. Selectman Watman said this is an elected position and not an appointed position.

Selectman Aucoin said he went along with the idea of accepting applications and feels it was not prudent to just pull names out of a hat without knowing if they wanted to serve on the Board. Chairman Parker said he does not have a problem with giving each applicant up to five minutes to speak before the Board.

Selectman Watman moved, Selectman Aucoin seconded to invite the five applicants to give at least a five minute presentation to the Board if they choose to do so, a week from today. Passed 3-0-0

Item 2: Review and adopt minutes of April 20, 2010

Selectman Watman moved, Chairman Parker seconded to accept the minutes of April 20, 2010 as amended. Passed 3-0-0

NEW BUSINESS

Item 3: First Reading: Policy of “participant exchange” for the Town’s Athletic programs

This policy is to accept non resident children into Henniker’s Youth Athletics Program.

Selectman Watman asked if they have heard from the Athletic Committee. Mr. Flynn said no, he did notify them of the first reading tonight and that there will be a public hearing to follow.

Selectman Aucoin said he is not in favor of the policy and feels that the Athletic Committee can just come before the Selectman and make a request without the policy.

Chairman Parker moved to move this to the second reading for a public hearing. Thomas Watman Seconded the motion.

Selectman Watman said there should be a policy and asked what if the Athletic Committee decided they want to pay for a Henniker kid to go to a summer lacrosse camp and it has not been approved. Selectman Watman said the point of the policy is to put forth regulations, the policies intent is to have some flexibility but be within certain restraints.

Selectman Aucoin asked if they move forward with a second public reading can he comment on the policy in public. He strongly feels that Board was designed as a governing body and stated that a lot of policies are being done by others. Selectman Aucoin is not comfortable with it and would like to see the Selectmen run the town, within reason. He said he is not comfortable with the policy just because this one incident came along.

Selectman Watman believes there are some misunderstandings of what policies are for, they are to govern fairly. He said that policies that the Selectmen have made and other committees need to follow. Selectman Watman said it is quite obvious that some members of the Board have no interests in policies. He believes they should bring someone in to tell them how policy making is an important element to govern properly.

All were in favor of moving to the second reading. The vote was 3-0.

The Board discussed that after the second reading they will have the reaction of the public and then continue dialogue about policies and procedures.

Selectman Watman moved that the Town Administrator be requested to obtain, from the Local Government Center or other appropriate agency, someone to discuss the issues of how policy making is important to the Board of Selectman. The motion failed for lack of a second.

Chairman Parker said there was a time in his life when his career included writing policies and procedures.

Selectman Aucoin said he realizes the importance of policies and procedures.

Selectman Watman hopes that the members of the Board will think about having the Town Administrator bring some information in regarding policy making. He believes it is the way that Boards govern and tie things together beyond their terms of sitting on the Board.

Chairman Parker said that he went to the Selectmen’s training at the LGC and part of what he learned there is what Selectman Watman is talking about.

Selectman Watman said maybe if they brought someone in to discuss the issue it would help the Board frame the way policies are created.

OTHER BUSINESS

Item 4: Town Administrator’s Report

1. Old Warner Road Application – This issue was dealt with on April 20^th.

2. Lot 98 Purchase Proposal – The Board gave an update on the process and will continue the discussion in non public.

3. Athletics for Youth Committee Study for Committee for Recreation Director – Mr. Flynn said he has not gotten too involved with the committee, he wants to give it more time, but he has submitted a job description to the committee.

4. Army Corps Land – Athletics for Youth Committee Request – Mr. Flynn said that he has a letter in the process to go to the Army Corps. Mr. Flynn said that historically he has had trouble getting responses.

5. Repair of Community Center Roof – Mr. Flynn said that he received five bids on Friday; one bid is above what they appropriated, four bids are below what they appropriated. Mr. Flynn said whoever is awarded the bid may need to present a certified lead paint certificate along with proof of workers compensation insurance. Chairman Parker said the lead paint removal may add cost. Mr. Flynn hopes to have a recommendation at the next meeting.

6. Highway Safety Committee Recommendation – Mr. Flynn said that the Newton Road signs will be posted and he is in the process of getting approval from DOT for the crosswalks. Chairman Parker asked if spoke with John Margeson about anything else being done on Patten Hill. Mr. Flynn said he will take care of it.

7. Letter to Cogswell Water Works Commissioners – Mr. Flynn said in a meeting with Joe Damore the Board tentatively set a $50.00 maintenance fee if the sewage was not charged for six months to turn it on. Mr. Flynn said that he confronted Mr. Damore and he told him they are not charging anyone for what they do, and if they do want to charge it is their business. Chairman Parker asked about the meters. Mr. Flynn said that is the charge of the committee that Chairman Parker serves on. Mr. Flynn feels the Board should adopt the policy of a non charge for turning on and off. Chairman Parker asked Mr. Flynn to get it into a formal proposal. Mr. Flynn said to absolve the property owner of paying a regular monthly sewer bill the town will give a waiver for six months and charge $50.00, which is for the paper work that has to be done in the office. Chairman Parker said for houses that are vacant for extended periods of time there is no policy or procedure for the length of time. The town Selectmen sitting as Sewer Commissioners have control over the sewer not the water. Mr. Flynn said if residents are going to be getting six months off because they are away for six months, the rest of the town has to pay, so those people should have to pay some sort of fee. Mr. Flynn said that sewer bills are $218 every six months. Mr. Flynn is hoping the Board will tell him to continue with the policy. Selectman Aucoin said he has not seen the whole policy. Mr. Flynn will write a memo and insert it into the Consent Agenda for the next meeting.

8. Road Management Plan Committee – Mr. Flynn said they were meeting with Nicole Gage to put forth some of the data that was compiled, mostly by a group of college students, over a year ago. They met today and completed the task. Mr. Flynn said that Ms. Gage is supposed to help piece it together in a spreadsheet. Ms. Nicole Gage said their intention is to put the data into a readable format for a report. Mr. Flynn said they will be meeting again at the end of the month and will come before the Board at the end of the month to review their findings. Mr. Flynn said they will also be asking about the charge for their committee.

9. Western Avenue Culvert – They are getting closer

10. Junk Yards – Mr. Flynn said that he will be coming up with a recommendation. The town has always had a junk yard policy, it is very old. Mr. Flynn said he has information from LGC that should be included in the ordinance and the ordinance needs to be enforceable. Chairman Parker said they have spent a lot of time on the subject of policies that are not enforced. Chairman Parker said the cost to enforce the ordinance would not be covered by what is on the books.

11. Western Avenue Bridge – Mr. Flynn said this is ongoing.

12. Change of Fees for Building Permits – Mr. Flynn said they are getting close to a recommendation. Some people are discontent with changing the building permit fees, they are taking a different course and have innovative ideas on how to handle this.

13. Solid Waste Disposal Committee Report – Mr. Flynn said this keeps getting put off, the report is ready, and it is no fault of this office or the committee. John Kjellman has been unable to attend and the committee is urging the presentation to go forward. They were all set to do this next week and that individual will be unable to attend. Selectman Watman said the Board might consider asking them to defer to September. Chairman Parker said he wishes that they already had the discussion and feels the report is one of the most thorough and complete documents he has seen from any committee. Chairman Parker wants to get the Board talking about this ahead of the budget season and said to get more input they should have any early meeting in June before school gets out. Selectman Watman said at the very least ask the committee what they want. Chairman Parker said they should make the effort to hold a special meeting at the Community Center and suggested a Tuesday or Thursday night. Mr. Flynn will check with the committee for scheduling.

14. Safe Routes to School

15. Water/Sewer Shutoff Policy – This was discussed

16. Energy Committee – Mr. Flynn said he will be attending an all day meeting on May 5th at DES because a town official must be present to learn how to fill out the forms

17. Rock ‘n’ Birch Campground – Is scheduled for non public

Item 5: Selectmen’s Reports

Selectman Watman informed the Board that the Conservation Commission held its meeting on reviewing the Henniker Crushed Stone application to the ZBA two weeks ago. They basically concluded they found no significant objections to the request. Selectman Watman said that no one on the Commission recused themselves from the discussion. He said this does not end all of the problems there are still difficulties with DES.

Chairman Parker said that the Planning Board had a work session, they appointed a new alternate, but most of the work session was devoted to the excavation recommendations. He said that the current planning assistant was working based on the previous planning assistant’s recommendations and with the current planning assistant’s guidance most of the paragraphs were written to state “follow the RSA.” Chairman Parker said this will allow the Planning Board to generate a document that won’t have to be regenerated where there is a change in the RSA.

Item 6: Non-pubic Per RSA 91-A:3II (c) Legal

Chairman Parker moved, Selectman Watman seconded to enter into non public session @ 7:15 p.m. pursuant to the authority granted in RSA 91-A:3II (c). A roll call vote was taken, Selectman Aucoin – yes; Selectman Watman – yes; Chairman Parker – yes. Passed 3-0-0

Chairman Parker moved, Selectman Watman seconded to come out of non public session @ 7:38 p.m. A roll call vote was taken, Selectman Aucoin – yes; Selectman Watman –yes; Chairman Parker – yes. Passed 3-0-0

Selectman Watman moved, Selectman Aucoin seconded to seal the non-public minutes indefinitely. The motion passed 3-0-0

Chairman Parker moved, Selectman Watman seconded to adjourn at 7:45 p.m. Passed 3-0-0

Town of Henniker
Board of Selectmen Meeting
Tuesday, April 6, 2010
Henniker Town Hall

Members Present: Leon Parker, Chairman; Thomas Watman, Selectman; Rocky Bostrom, Selectman; Kris Blomback, Selectman; Leo Aucoin, Selectman

Town Administrator: Peter Flynn

Guests: Russell Clark, Ron Lavallee, Stephany Marchut Lavallee, Nicole Gage, Val Simeone, Russ Roy, Rick Daniel, Bob Pennock, Scott Davison, Ryan Murdough, Michael McManus, Joe Evans, John Margeson, Ben Leubsdorf, Michael Pon and Brian Weikel.

Recording Secretary: Cherry Palmisano

Chairman Parker opened the meeting at 6:15 p.m. with the Pledge of Allegiance.

Sign Consent Agenda

Selectman Bostrom moved, Selectman Blomback seconded to approve the Consent Agenda. Passed 5-0-0

PUBLIC FORUM

Stephanie Marchut Lavallee said she is concerned with the Selectmen continuing to do business as usual and not making hard decisions during these economic times. She asked the Board what sacrifices they have asked the Town to make. She also commented on the wreaths that are hung in the village being in a disgraceful condition. Mrs. Lavallee commented on seeing contractors doing landscape when nearby towns have a cadre of volunteers that beautify their town and said she is encouraged that within the town they could rally volunteers. Mrs. Lavallee would also like the Board to consider establishing a victory community garden on the reclaimed western lot adjacent to the old paper mill. She said that the town could collect and deposit leaves and thereby begin to improve the soil. Mrs. Lavallee said that portions of the land could be offered to those who could benefit or be willing to donate produce to the food pantry.

Mr. Ron Lavallee told the Board that he has been keeping track of the town website to see if they are getting what they are paying for. He does not feel the citizens are getting their monies worth of services because the website postings are constantly out of date. Mr. Lavallee feels they should eliminate the part time data entry position helping in the finance office and use some of those funds to have a professional webmaster keep the site current. Mr. Lavallee commented on the Transfer Station being closed on Easter Sunday and asked the Board if it was a paid holiday. He feels the Selectmen need to review the number of paid holidays given to employees.

Nicole Gage announced that the University of NH Community Profile will be holding a celebration and potluck dinner on May 7, 2010 at 6:00 p.m. at the Henniker Community Center. There will be presentations from committees that were spinoffs from the Community Profile.

Bob Pennock said that for nineteen years it has been part of the policy of the Selectmen to give the Transfer Station Easter Sunday as an additional holiday, approved by the Selectmen.

Item 1: Rick Daniel: Offer of donation to the town’s soccer fields and sports programs – Henniker Youth Boosters Organization

Mr. Rick Daniel, representing the Henniker Youth Boosters Organization, told the Selectmen that the Henniker Athletic Committee pays for one lawn care treatment and the Boosters pay for two treatments throughout the year. Mr. Daniel said the Boosters spent $1,200 for fertilizer and seeding last year and he expects the same cost this year. The Boosters had also spent money on youth sports teams last year and purchased cheerleading mats, which are stored at the Henniker Elementary School, all from volunteer raised funds.

Chairman Parker moved, Selectman Blomback seconded to accept the donation of lawn care treatments from the Henniker Youth Boosters Organization. Passed 5-0-0

OLD BUSINESS

Item 2: Presentation by the Town Administrator: Suggested revised ‘post town meeting’ budget – discussions and comments by the Board

Mr. Flynn said that the $169,000 was the most drastic cut he has seen in the general operating budget, not including the bridge, loader or SUV. He said the cuts were difficult to spread out. Mr. Flynn said that in the operating budget they can move funds from one line to another, but on special warrant articles they do not have the option of moving funds. He has been going through the budget since the morning after Town Meeting and has met with Chairman Parker to put numbers into perspective. Mr. Flynn said after the last Selectmen’s meeting it was obvious that everyone was not on the same page as to where the cuts should be made. He said that the Selectmen directed him create a new budget and he had to consider the needs of departments, try not to sting services, but do what was in the best interest of the town. Mr. Flynn said he met with department heads to see where they could afford to take money from their budgets. He was impressed with some decisions of where the money could come from to meet the obligations of the voters. He then talked to each Selectman, and received their opinions, but not all opinions were acted on as being cut. He said in making the cuts he thought out where it would be fair to the Selectmen, staff, voters and the recipients of the services. He said that Russ Roy went through the exercise with him. Mr. Flynn said he included the explanations of how the $169,687 was cut and in doing so believes this is a fair and workable budget. Mr. Flynn said that all Boards and Committees were contacted and the cuts hurt everyone’s budget, but they met the obligation of the voters.

Chairman Parker said decisions need to be finalized by the Selectmen.

Chairman Parker moved, Selectman Watman seconded to accept the budget rearrangement as proposed by the Town Administrator.

Selectman Watman said he supports Chairman Parker’s motion. He said that cutting the budget was a difficult task for Mr. Flynn, who properly took into account what was necessary for departments and what was appropriate for the public. Selectman Watman said if he was to go by his list, he would change some figures, decrease some and increase others, but the net results would not equal in terms of fairness the effort that Mr. Flynn put forth for the past three weeks. Selectman Watman encouraged the Board to approve the Town Administrators budget, which represents many compromises. Selectman Watman also recognized the leadership of Chairman Parker.

Chairman Parker said that the most contentious issue had to do with payroll and COLA and said that he is still bothered by cuts and step increases. He said that it seems to him that delaying those increases changes the structure of the pay system.

Mr. Flynn said that the budget presented contains a 2% COLA, effective July 1, but does not include step increases. Mr. Flynn said they can take the step increases into consideration after December 1 and if the Board determines there are funds available the step increases could be retroactive if approved by the Board. Mr. Flynn said it was difficult to get the 2% COLA into the budget. Selectman Watman said the step increase should be a high priority for the Board when the money is clear. He said it is difficult to give something to all employees without cutting further into the budget.

Mr. Flynn said originally there was a 5% pay increase proposed with a $15.00 per week contribution by each employee towards health care costs. He said the 2% increase would include a $7.00 per week contribution towards health care costs.

Selectman Bostrom said he feels strongly about the step portion of the budget and said it is a structure of the pay system in town and if they go off from the pay system he does not know what they have. He knows that times are bad and said he does not understand why they are having concerts and other stuff listed in the budget.

Chairman Parker said in order to give the step increases along the way, something else will have to suffer because they are tied to the bottom figure.

Mr. Flynn said with the expected expenditures between now and the end of the year, he feels it is best to wait until December 1^st to evaluate the availability of funds for step increases. He said that after the police and fire payouts they would have a better grip on what the needed payroll is. A total of $6,500 is need for the step increases.

Chairman Parker said that they would have to review the budget in October to set the tax rate. Chairman Parker said he will accept this budget, but only if they review the step increases in October rather than in December. He feels that enough would have taken place with the budget in October to review for the step increases.

Selectman Watman said there is one other alternative. He said they could direct the Town Administrator to go back to each department head to see if they want to review their own budgets. If the department heads can find the money within their own budgets to allow those employees affected to get their step increases, if not they wait until October. Selectman Watman said it would be all or nothing. Selectman Bostrom does not see that option working.

Selectman Bostrom moved to amend the motion and moved to do away with the concerts and give step increases. The motion failed with no second.

Chairman Parker moved, Selectman Watman seconded to amend the motion of approving the budget rearrangement as proposed by the Town Administrator and moved to approve the budget with the provision if the department heads can find the money to cover the step increases then the step increases could be provided.

Chairman Parker said he does not want to be locked into not giving employees step increases. Selectman Blomback asked about reviewing the possibility on October 1. Chairman Parker said if department heads have the money before the end of the year and can give up something else, let them. Selectman Bostrom said he does not see where the Police Department can squeeze that money. Selectman Blomback and Selectman Aucoin would like to review the possibility in October. Chairman Parker said the amendment would give the Town Administrator flexibility with the merit increases.

Failed 2-3-0. Selectman Bostrom, Selectman Blomback and Selectman Aucoin were opposed.

The possibility of step increases will wait until October.

Chairman Parker called for a vote on the motion to accept the budget rearrangement as proposed by the Town Administrator. Passed 4-1-0 Selectman Bostrom was opposed.

Selectman Bostrom said he realizes times are hard, which was evident at Town Meeting, but he does not feel the town employees should have to take the brunt. He said he likes the concerts but if the economy is as bad as everyone says then the concerts should go.

Selectman Watman said that the budget is as good, or better than what people that voted at Town Meeting had expected the employees to get. He feels the Board is giving them as much as they can. He said that overall, it was lousy to have to cut $169,000 from the budget, but they did the best they could.

Chairman Parker said at their last meeting they froze all hiring and he now feels they can return that responsibility back to the department heads.

Chairman Parker moved, Selectman Bostrom seconded to rescind the restriction made at their last meeting to freeze all hiring.

Chairman Parker said the problem with the hiring freeze is that if a worker resigns or leaves it leaves the Board in the position of having to approve hiring. Selectman Blomback said he disagrees and does not feel waiting a couple of months will cause any damage. Selectman Bostrom said there is a person that is currently part way through the process of being hired as per diem, if they don’t agree to lift the ban completely he thinks they should make an exception for this one part-time person, as not to lose this person they already invested money in. Selectman Blomback said as long as part time is needed, with no benefits and with no retirement. Selectman Watman said the motion-included room for exceptions through the Town Administrator and the Board of Selectmen.

Selectman Bostrom moved, Chairman Parker seconded to amend the motion to revise the hiring freeze and allow the hiring of part-time employees as long they are not benefited. Passed 5-0-0

Chairman Parker said they also limited the amount of overtime unless an emergency remains in effect.

It was discussed that all employees are getting a 2% COLA, including the Waste Water Department. The Cogswell Springs Water Works raise will be determined by their own body of Commissioners. The Tucker free Library Trustees will be the authority to determine staff raises at the library.

Item 3: Review and adopt public and non-public minutes of March 16, 2010

Selectman Blomback moved, Chairman Parker seconded to approve the minutes of March 16, 2010. Passed 5-0-0

Selectman Watman moved, Chairman Parker seconded to approve the non-public minutes of March 16, 2010. Passed 5-0-0

NEW BUSINESS

Item 4: Consideration of extending Realtor contract for Lot 588, B7

Chairman Parker said they received guidance to hold this discussion in non-public.

Item 5: First Reading: Athletic for Youth Committee - Code of Conduct Policy

Mr. Flynn said the Athletic Committee wrote a ‘Code of Conduct Policy’ with his assistance and that the policy has been discussed for a couple of years and already implemented through the Athletic for Youth Committee. However, they never came before the Board of Selectmen to finalize the process. It is the town’s policy to have all policies go before the Selectmen for approval. Mr. Flynn said that the Athletic for Youth Committee fully supports the ‘Code of Conduct Policy’ they are putting forth. Chairman Parker said he understands that from Bart Mayer’s letter and Mr. Flynn’s description, the Athletic Committee has adopted the policy. Mr. Flynn said that the Selectmen need to adopt the policy for consistency. Selectman Blomback asked if a lawyer’s opinion was necessary. Mr. Flynn said it is the Selectmen’s policy to always have Town Counsel review any legal document proposal that would most likely have any legal implications he felt comfortable in doing so.

Selectman Aucoin asked if the ball fields are restricted against alcohol and tobacco. Mr. Flynn said they do have a “no alcohol” policy but not a “no tobacco” policy. Selectman Aucoin asked if they should. Mr. Flynn said this policy is for the league only, but it is a good point.

Chairman Parker moved, Selectman Watman seconded to accept the Athletic Committee’s Code of Conduct Policy as having a first reading and move the policy to the second reading. Passed 5-0-0

Item 6: First Reading: Revision of Town Ordinance – Dogs and Other Animals

Mr. Flynn said they have a problem with people allowing their dogs to run wild inside the chain link fence around the ball field. The dogs are making quite a mess, some owners clean up after their dogs and some do not. Mr. Flynn said this is not defined in the town’s ordinance but feels it should be banned. Mr. Flynn recommends that the Board follow through and adopt the policy. Chairman Parker said he has a problem with the wording “authorized person” and made several editorial suggestions.

Selectman Bostrom said they could put up signs at the ball field. Mr. Flynn will take care of signage. Selectman Watman asked about unintended consequences and asked if they will need to have the police monitor the ball field.

Chairman Parker moved, Selectman Watman seconded to accept the policy as having a first reading with suggested changes and to move the policy to the second reading. Passed 5-0-0

Item 7: Town Administrator’s Report

1. Road Management Plan Committee – meeting next Monday.

2. Land Sales – will be discussed in non-public.

3. Western Avenue Sidewalk Culvert – usual contract, legal opinion was sought and an addendum is being made.

4. Junk Yards – on the radar.

5. Western Avenue Bridge – not a lot to report until they start planning next years budget and decide to pursue additional funding.

Cultural Resources meeting at DOT on April 8^th – Mr. Flynn said he is unable to attend. Chairman Parker is planning on attending. Chairman Parker said sometime this summer they will be ready to hold public informational meetings in town. Selectman Blomback asked about the funding of $250,000 being carried over by Town Meeting and the $177,000 and asked if this amount will be able to complete the engineering work this year. Mr. Flynn said it will complete the engineering but not bring them into the design phase. Chairman Parker said the engineering phase has slowed down because the town said it was not high priority. He is hoping to get through the meetings with the town and get the expression of the town’s proposal to be able to make a proposal for the design phase. Chairman Parker said it will be next Town Meeting before they are ready to go to design phase due to funding. If the bridge is moved up they will have to go to the taxpayers to request more money.

6. Change of Fees for Building Permits – still on hold but getting closer. Selectman Blomback said it was brought to his attention that the old building permit had a check box for not wanting an inspection, but the new building permit does not have the check box. Mr. Flynn said it should not have been removed and that he will look into it.. Nicole Gage said that the homeowner has to request an inspection, they are optional, and to schedule one they would have to call.

7. Solid Waste Disposal Committee – final draft in Selectmen’s books this week, excellent report, not on agenda because John Kjellman, the Chairman, was ill and the committee wanted him to attend possibly present the findings to their long review.

8. Revision of Employee Handbook – Selectman Watman and Russ Roy have been working together with Mr. Flynn and town counsel regarding items that had no bearing on employees, legal wording that was ambiguous, new employee hires, 2-3 items that may be consequential to some employees. The document had a lot of changes and is almost ready to be presented.

9. Safe Routes to School – waiting to get the grant acceptance

10. Water/Sewer Shutoff Policy –Mr. Flynn said the Selectmen came up with a policy, they have done their job, but the Water Commissioners have not responded.

11. Energy Committee-Grant Proposal – official notification committee is meeting, paperwork needs to be sent to get money

12. Rock ‘N’ Birch Campground – Will be discussed in non-public.

13. Old Warner Road Application – in limbo until after Lot 98 is dealt with. Selectman Watman said he thinks an extension was granted until the next Board meeting by choice of the applicant. Chairman Parker said it becomes a moot point if Lot 98 is dealt with as approved by Town Meeting.

14. Lot 98 Purchase Proposal – coming up for discussion in non-public session, once a process is determined it will become public

15. Athletics for Youth Committee Study Committee for Recreation Director

16. Army Corps Land – nothing happening, Mr. Flynn is ready to participate

17. FEMA Mapping Requirement – done with the Government and the Planning Board

18. Repair of Community Center Roof – Bids will be going out.

Mr. Flynn said that the wreaths hanging on the lampposts, mentioned by Stephanie Lavallee, are not the responsibility of the town, but that of the Henniker Rotary Club.

Selectman Blomback commented on there being lots of errors in the FEMA mapping, in general throughout the country and he is wondering if there are any checks and balances to the mapping. Mr. Flynn will discuss it with Mark Fougere.

The Board discussed that the reevaluation started this week and letters were not sent to homeowners. Selectman Aucoin encourages residents if they see the Assessors to have them come to their home to evaluate to make sure their house is properly evaluated.

Item 8: Selectmen’s Reports

Selectman Bostrom said that the Highway Safety Committee met and discussed sidewalks, signage, the possible reduction of the speed limit in the village and an increase enforcement of people walking in crosswalks. Selectman Bostrom said that Newton Road is being recommended for “no parking” for the first 80 ft.

Chairman Parker said that the Water Commissioners met and they discussed the proposal to have a metering system with a 40 ft water meter communication tower behind Davidson Road, if they choose this particular meter they will not have to have meter readers. Chairman Parker said the cost figures were not discussed. If they had the meters water and sewer usage could be metered. Selectman Aucoin said he does not see the pay off. Chairman Parker said while that technology looks good it turns out there is a new battle with the usage of those meters because they can be hacked, which is a security issue.

Selectman Aucoin moved, Chairman Parker seconded that the Town Administrator send a letter to the Water Commissioners stating that the town employees are only getting a 2% COLA and that the Water Department should follow the same. Passed 5-0-0

Selectman Blomback mentioned that the Recycling Committee is inactive.

There is a Historic District Commission meeting on Tuesday, April 13^th.

Selectman Blomback asked if the town had an Excel spreadsheet on energy usage. Mr. Flynn will check.

Selectman Watman reported that at the last meeting of the Conservation Commission, a discussion was scheduled with the Patenaude’s for April 7^th regarding concerns with the road they already built and have been cited by DES in which they are trying to get an ‘after the fact’ permit. Selectman Watman said there was some hostility from some members of the Conservation Commission, there were no results, and an onsite visit was scheduled. Selectman Watman said there is question as to whether the Conservation Commission will give approval on the list of concerns, but DES will have the final say.

Selectman Bostrom said that when he brought up the hiring of a part-time person, he did that on his own, and was not directed by anyone or any department head to do so. He wanted the make the Board aware that there is money invested in the applicant. Mr. Flynn said the individual can complete the process but the actual hiring needs to come before the Selectmen.

Item 9: Non -Public Per RSA 91-A: 3II(c)

Chairman Parker moved, Selectman Blomback seconded to enter into non-public session @ 7:50 p.m. pursuant to the authority granted in RSA 91-A: 3II (c). A roll call vote was taken, Selectman Aucoin – yes; Selectman Bostrom – yes; Selectman Watman –yes; Selectman Blomback– yes; Chairman Parker – yes. Passed 5-0-0

Selectman Aucoin moved, Selectman Watman seconded to come out of non-public session @ 8:40 p.m. A roll call vote was taken, Selectman Aucoin – yes; Selectman Bostrom – yes; Selectman Watman –yes; Chairman Parker – yes. Passed 4-0-0

Chairman Parker moved, Selectman Bostrom seconded to seal and restrict the minutes of the non-public session indefinitely. Passed 4-0-0

Chairman Parker said that the Board decided during the non public session to have Attorney Drescher prepare a ‘purchase and sales agreement’ draft to be reviewed by the selectmen at their next meeting, then, if approved, to be presented to the Patenaudes, to be negotiated.

Selectman Bostrom moved, Chairman Parker seconded to adjourn at 8:48 p.m. Passed 4-0-0

Respectfully submitted by
Cherry Palmisano

Town of Henniker
Board of Selectmen Meeting
Tuesday, March 16, 2010
Henniker Town Hall

Members Present: Leon Parker, Chairman; Thomas Watman, Selectman; Rocky Bostrom, Selectman; Kris Blomback, Selectman; Leo Aucoin, Selectman

Town Administrator: Peter Flynn

Guests: Ben Leubsdorf, Russell Clark, Scott Davison, Pete Fernandes, Thomas Patenaude, Bob Pennock, John Margeson, Brian Weikel, Dennis McComish, Sgt. Matt French and Peggy Ward.

Recording Secretary: Cherry Palmisano

Chairman Parker opened the meeting at 6:15 p.m. with the Pledge of Allegiance.

Selectman Bostrom moved, Selectman Blomback seconded to approve the Consent Agenda. Passed 5-0-0

PUBLIC FORUM

Ms. Peggy Ward, Goss Drive, requested that the Selectmen commence the annual Town Meeting at an earlier hour for next year. Ms. Ward asked if they can move articles on the warrant to better suit the public present at the meeting. Chairman Parker said he has heard the same comments and all suggestions will be addressed. Chairman Parker said the Moderator does not follow Roberts Rule of Order and is in charge.

APPOINTMENTS

Item 1: Reorganization of the Board of Selectmen

Selectman Blomback moved, Selectman Bostrom seconded to nominate Leon Parker as Chairman of the Board of Selectmen. Passed 4-1-0. Selectman Watman opposed.

Chairman Parker moved, Selectman Bostrom seconded to nominate Kris Blomback as Vice Chairman of the Board of Selectmen. All were in favor. 5-0

OLD BUSINESS

Item 2: Review and adopt minutes of March 2, 2010

Selectman Bostrom moved, Chairman Parker seconded to approve the minutes of March 2, 2010 as read. Passed 3-0-2 Selectman Aucoin and Selectman Blomback abstained.

NEW BUSINESS

Item 3: Discussion and possible assignments for Board representation on committees and boards

Standing Committees	Assignments
Planning Board – Regular	Chairman Parker
Planning Board – Alternate	Selectman Watman
Capital Improvements	Chairman Parker
Community Center	Peter Flynn – Liaison
Highway Safety	Selectman Bostrom
Athletic Committee	Selectman Aucoin
Historic District Commission	Selectman Blomback
Road Management	Selectman Bostrom
Paper Mill Site	Chairman Parker
Recycling	Selectman Blomback
Conservation	Selectman Watman
Special Committees
Energy Committee	Selectman Blomback
Water/Sewer Commissioners Study Committee	Chairman Parker

Chairman Parker commented on the series of meetings with the Currier and Ives Scenic Byway Commission. On March 2 a commission was created to represent the town and will meet quarterly starting in April. The commission is required to have a representative from the Board of Selectmen. Selectman Bostrom said that he will represent the Selectmen on the Currier and Ives Scenic Byway Commission.

Item 4: Discussions regarding Town Meeting outcome

Chairman Parker said he was pleased with the turnout at Town Meeting and that it worked the way it should have worked. The town made their decision regarding the Lot 98 issue, with an overwhelming vote to sell, which was a vote against the Conservation Commission. Chairman Parker said they were proud of all presenters and Wayne Colby did an exceptional job leading the crowd.

Chairman Parker said they have to discuss how to sell Lot 98. The Board cannot do anything tonight but their marching orders are clear and they need to do something to implement the final motion. Chairman Parker recommends that they meet with the special town counsel to decide how to go through the process. The Board decided to meet with Attorney Drescher at their next meeting to be held on April 6, 2010.

Chairman Parker said at Town Meeting the budget was presented by departments and that the Board of Selectman is responsible for managing the bottom line. Mr. Flynn said as long as it wasn’t a special warrant article and just regular department budgets, the board may move the budget amounts from one to another. Chairman Parker said that the 5% pay increase caused excessive heat. Chairman Parker said they should deal with the pay increase tonight so that the employee’s know where they stand. He had Russ Roy run a sheet that shows what the pay raise amounted to by departments and another shown with the 5% taken out. Chairman Parker asked the Board what they think about the pay raise issue.

Selectman Blomback said the Selectmen were put in charge to make sure the cuts were even. Chairman Parker said it was not even; they are responsible for the bottom line. Selectman Bostrom said some departments got the complete increase taken out and some departments got only some. Selectman Watman asked for the total amount cut. Chairman Parker said $157,291 out of the operational budget. Mr. Flynn said the Police Department net budget was figured on the floor to take out the pay increase.

Selectman Watman suggested that whatever the total amount is to be cut the Town Administrator should go back to department heads and establish priorities to see where else can be cut. Chairman Parker said the process has been started. Chairman Parker said they should talk about the pay raise. Selectman Watman asked what if some Selectmen think the process is important. Chairman Parker said as a process they should deal with the pay raise first and then juggle the rest and he has suggestions. Chairman Parker said the Board can deal with the issue tonight or at their next meeting.

Selectman Watman said that he remembers a 0% increase saves $75,000 and a 2.5% increase saves half that. He feels by sending everyone back to investigate their budgets they could come up with enough money to save the 2.5% and it could be possible to give that in a raise increase and if they can’t then employees would not get a raise. Selectman Watman does not feel what happened with the Police Department budget at Town Meeting was proper and said that the Selectmen are in charge of the salaries. He said that a department head standing up and stating, “they would forgo their raise” hurts all other employees. Selectman Watman said if they are forced to not give raises because they can’t find the money that is one thing, but thinks the employees deserve to have the Selectmen look into options. Selectman Watman said he is not attacking the Police Chief, just the process. Selectman Bostrom said he heard the Police Chief state that he spoke with his employees and they were willing to give up their increase. Selectman Watman thinks that was improper because the budget belonged to the Board and thinks the Police Chief overstepped his bounds. Selectman Bostrom said the Police Chief said his department was willing to give up their raises so that no employees lost their job.

Chairman Parker said he spoke with John Margeson and they discussed some lumps of money that could be salvaged for use somewhere else. There is $90,000 in the highway and streets budget and Mr. Margeson said he can live with $50,000. Chairman Parker said that he and Mr. Flynn started the process for looking at where they are. Chairman Parker said with the $40,000 out of the construction line and $19,500 from a sidewalk improvement project that could probably be made up from the Safe Routes to School sidewalk project there is $59,500 combined. He said it is an ongoing process, Russ Roy looked at the debt service and thinks he can save $5,000 there. Chairman Parker said the problem with the Police Department, regardless of the salaries, is without buying a new SUV and keeping the old one it will cost $5,000. They need to discuss putting $5,000 with the cruiser money and replacing the 4WD vehicle instead of the cruiser.

Selectman Blomback asked Mr. Flynn about the $160,000 reduction because of the cancellation of the loader. Mr. Flynn said $60,000 was already in the Capital Reserve Fund and they can’t use the Capital Reserve Fund to apply to something else. Mr. Flynn said most of the warrant articles were wiped out. Mr. Flynn said the 2010 total tax rate of $6.53 is $.31 lower than last year. Selectman Blomback said there are two raises (COLA and merit). Mr. Flynn said it affects the COLA raises only, not the merit raises. Selectman Watman asked why those employees with the merit steps are still getting the raise. Selectman Blomback said they would have to officially adopt the 2009 pay scale. Selectman Bostrom said they are obviously not going to continue the way they have, he thinks they should follow the labor grades and schedule. Selectman Bostrom said with the step increase, the employees get evaluated every year, if an employee was to get a bad evaluation they could hold back the increase. Chairman Parker thinks it is inappropriate to pick on the 4-5 individuals who are eligible for a merit increase. Selectman Bostrom asked if there are employees who have not gotten their step increase because they did not get a good review. Mr. Flynn said he remembers 2-3 employees that were delayed, but did receive their increase. It was discussed that five employees are eligible for the step for a total of $5,627.00 in departments and $128 in Waste Water Treatment. The COLA represents $73,000 and does not address the merit raise.

Chairman Parker said they could cut $5,000 out of legal fees because they only spent $12,000 in 2009 and it appears that workers compensation insurance will be $1,500 less than the figure included in the budget. Mr. Flynn said if they were to give a 2.5% increase then they would have to add $750 back into the budget. Chairman Parker said that Community Concerts and White Birch should have to take some cuts as well. Chairman Parker said that debt service could be $5,000 less. The Library budget was voted on separately. If they put $5,000 back into the Police Department that reduces the savings from $33,000 to $28,000. A suggestion Chairman Parker thinks they should consider is not replacing Bob Pennock for the rest of the year when he retires, which is savings of $17,430. Chairman Parker thinks they should gather other suggestions for cuts as well. Selectman Blomback said he objects to highway cuts and cuts from White Birch Community Center.

John Margeson said that his five year plan was to schedule Western Ave, but he will have to move to his 2012 road plan for this year which will be small projects including a drainage project on Hall Ave.

Chairman Parker said to give Mr. Flynn the marching order to meet with the department heads and see where else they can get money. Selectman Watman said going department by department only gets to a starting point, they have to decide if the Police Department, which is the most expensive around, should be able to give up something in their budget to be able to give to other departments. Chairman Parker said in sending Mr. Flynn back to other departments to see what they can give up and then having the Selectmen get together to decide where the cuts should be made will tell them if there is the flexibility of giving any pay increase of any size.

Mr. Flynn said that each year they come through the first meeting after Town Meeting and the board tells him to go back and readjust. He has already reduced the budget by $91,000 and suggests that the Board just give him a day-to-day operational budget bottom line. He said it would help if the Selectmen could give him a guideline of either a 2.5% or 0% increase and then he could describe in detail how to give those increases. Chairman Parker said the reason he started out saying they need to start with the pay raises is because the Board heard from the townspeople at Town Meeting that they should not give any pay increase, and if they do that then it is clear to Mr. Flynn what to do and if the Board decides on a 2.5% then they can tell Mr. Flynn what to do. Chairman Parker feels it is the responsibility of the Selectmen; the range is from 0-5% but he recommends not 5%.

Selectman Watman said he does not agree that it is automatic that employees get the longevity bonus. He said that the Salary and Benefits Committee conducted the study and lots of employees are very underpaid in comparison to other towns, the ones with the step increases are highly paid and he does not think it is fair. Chairman Parker said he does agree that the study from the Salary and Benefit Committee is clear that there are employees that are very underpaid. Selectman Watman said the Selectman have the authority to make the salary changes. Chairman Parker said he thinks they did a responsible review and thinks it is proper for the legislative body to make the decisions. Chairman Parker said they do have a structure to deal with on how all departments are paid and they have been arguing on the COLA and the percent. They are making a decision about the COLA, not about the structure.

Ms. Ward commented that when reading the Town Report she was amazed at the inequity of some of the salaries. She said there are employees with 20 years of service being paid very low and employees with 8 years of service getting high pay. Chairman Parker said he thinks those are the things that need to be dealt with by the Supervisor and the Town Administrator and said that the system is not perfect. Chairman Parker said the COLA issue is separate and given on a percentage across the board. Selectman Blomback asked if this reflects the employees keeping the $15 co-pay for health insurance. Mr. Flynn said no, if they don’t give employees the COLA then they don’t give the $15 co-pay.

Selectman Watman said he would have liked the information available before the meeting to review. Chairman Parker said they are not making any decision until the next meeting, but are trying to give the Town Administration suggestions on how to proceed. Selectman Blomback spoke in defense of not having the information available prior because Town Meeting was only three days ago. Selectman Watman said they should have postponed this discussion. Chairman Parker said they have agreed to postpone any decisions and are sharing suggestions tonight to be able to make decisions at their next meeting.

Selectman Blomback asked for clarification that the $15 co-pay is not in the budget. Selectman Watman asked if that is going to be up for discussion, because it does make an impact because salary and benefits go together. Selectman Watman would like everything on the table, get the information in advance and then make a decision. Chairman Parker said they will rest this discussion and pick it back up at their next meeting.

Selectman Blomback commented that Mr. Flynn is not being given any marching orders. Chairman Parker said that everyone will have to come up with suggestions.

Item 5: Town Administrators Report

· · Road Management Committee meeting in two weeks

· · Sidewalk culvert: met today with the contractor and will run by town counsel

· · Western Ave bridge is on hold for a year other than continuing with engineering

· · Solid waste met today and presented report, index put together, books will be put together for the next BOS meeting

· · Employee handbook is on the back burner

· · Safe Routes for School approval came through

· · Energy Committee grant proposal has been approved

· · Old Warner Road application is on hold until after Town Meeting and an extension was requested until April 20; this could be dead issue

· · Lot 98 purchase was approved by Town Meeting

· · Will be working on results from Town Meeting

Item 6: Selectmen’s Reports

Nothing to report.

Item 7: Non-public Per RSA 91-A: 3II(c)

Selectman Blomback moved, Chairman Parker seconded to enter into non-public session @ 7:24 p.m. pursuant to the authority granted in RSA 91-A: 3II (c). A roll call vote was taken, Selectman Aucoin – yes; Selectman Bostrom – yes; Selectman Watman –yes; Selectman Blomback– yes; Chairman Parker – yes. Passed 5-0-0

Selectman Bostrom moved, Chairman Parker seconded to come out of non-public session @ 7:43 p.m. A roll call vote was taken, Selectman Aucoin – yes; Selectman Bostrom – yes; Selectman Watman –yes; Selectman Blomback– yes; Chairman Parker – yes. Passed 5-0-0

Chairman Parker moved, Selectman Bostrom seconded to seal and restrict the minutes of the non-public session, indefinitely. Passed 5-0-0

Selectman Blomback moved, Selectman Watman seconded to institute a hiring freeze on all town employees until they come to an agreement on a future benefit package. Passed 5-0-0

Selectman Aucoin said that he would like to see the town utilize part time help whenever possible. Selectman Blomback said in looking at the budget it is driven mostly by benefits and salaries.

Selectman Bostrom moved. Selectman Blomback seconded that all non-emergency employees freeze overtime unless emergency or storm related. Passed 5-0-0

Selectman Blomback moved to amend the motion, Selectman Bostrom seconded to freeze all overtime with the exception of eminent public safety. Passed 5-0-0

Selectman Blomback asked how they will address moving forward with hiring. Chairman Parker said the Salary and Benefits Committee probably should address the issue. Selectman Bostrom asked if that is necessary and said they are looking to change new hire benefits, subject to a new insurance policy and new benefits going forward. Chairman Parker said he sensed during budget process that they were generally in consensus of doing that and said they could have a subcommittee of the Board or another Wage and Benefit Committee. Chairman Parker said that the highway superintendent is very low in salary in comparison to other towns. Selectman Bostrom said the labor grades are different in Henniker. Chairman Parker asked if historically they have followed the state labor grades to receive these grades. Mr. Flynn said they were established before he arrived and seemed to be in line with other towns. Selectman Bostrom said that the labor grades in town are higher than the states. Selectman Blomback said he would like to address the benefits and will make a recommendation on the benefits offered. Selectman Watman said that some of the salary grades when multiplied out are very low. Selectman Bostrom will make a proposal for a benefits package for new hires. Selectman Blomback said if their overall pay policy is overlaying the state then benefits should to.

Selectman Bostrom asked if they are going to continue to follow the states step and pay scale; they have been for 26 years. He said for longevity employees should get the step, if increases are based on merit and an employee gets a good reevaluation they should get the step. At the state if your reevaluation is not up to standards you can lose the increase. Selectman Bostrom said in town, to keep wages competitive with other towns, the steps are healthier. He said some employees who are doing the same jobs have a significantly different pay. Selectman Bostrom discussed the comparison of some town jobs with state jobs and the labor grades and said he feels they should stick with the system. Selectman Blomback said he senses that the town is in line with labor but the benefits package is off.

Chairman Parker asked if they think the disparities are great enough to organize a new Salary and Benefits Committee. Selectman Bostrom thinks that it meets with Selectman Blomback, Mr. Flynn and Russ Roy that together they can review the labor grades. Chairman Parker said he was concerned with where they are in comparison to other towns. Selectman Bostrom said if they continue to follow the state scale, the town does not follow their contract, and there is no raise this year there would be no raise increases for three years. Chairman Parker said he will work with Mr. Flynn in creating a revised chart to be used at the next meeting to determine the pay raise issue and make other changes required to the budget.

Selectman Bostrom moved, Selectman Blomback seconded to adjourn at 8:05 p.m. Passed 5-0-0

Respectfully submitted by

Cherry Palmisano

Town of Henniker
Board of Selectmen Meeting
Tuesday, March 2, 2010
Henniker Community Center

Members Present: Leon Parker, Chairman; Ronald Taylor, Selectman; Thomas Watman, Selectman; Rocky Bostrom, Selectman

Absent-Kris Blomback

Town Administrator: Peter Flynn

Guests: Ken Erikson, Rusty Clark, Ron Lavallee, Kate Bartlett, Nicole Gage, Eleanor Kjellman

Recording Secretary: Cherry Palmisano

Chairman Parker opened the meeting at 6:15 p.m. with the Pledge of Allegiance.

Selectman Watman moved, Selectman Taylor seconded to sign the Consent Agenda as presented. The motion passed with all in favor.

PUBLIC FORUM

Mr. Lavallee told the Board he would like to address the issue of conflict of interest. He said he knew that no laws were broken but does feel it is an ethical issue and a conflict of interest when Mr. Blomback involves himself in any issue brought before the Board that pertains to his employer. Mr. Lavallee said that no official could be forced to recuse himself from any proceedings; that decision has to be a personal one. Mr. Lavallee said that Mr. Blomback proved his point of conflict of interest when he left his Selectman’s seat and stood at the podium to address his fellow Selectmen. Mr. Lavallee commented on Mr. Blomback referring to himself as “John Q Public” and then stated that he could speak on behalf of the Patenaude family and did so. Mr. Lavallee said this situation is a conflict of interest and Mr. Blomback’s actions reflect the reality that he is unable to distinguish between his duties as a Selectman and the loyalty to his employer.

APPOINTMENTS

Item 1: Ken Erikson and Kate Bartlett – Presentation of Currier & Ives Byway presentation

Ken Erikson, Chairman of the Papermill Restoration Committee told the Selectmen that the committee has recommended that the funding be delayed a year to allow the Papermill Restoration Committee to be better funded and get their act together. The Currier and Ives Ad Hoc Committee is also recommending that the application be delayed a year until 2011. Mr. Erikson presented a PowerPoint presentation discussing the Corridor Management Plan.

Mr. Erikson told the Selectmen that they are looking for several actions from the Board tonight.

The byway goes through Salisbury, Webster, Henniker, Warner and Hopkinton. One action the committee is asking for is to clarify the route and remove the Rt. 202 corridor and to branch off Rt. 202 to Western Ave.

Mr. Erikson informed the Board that Dean Eastman, from DOT, is in charge of doling out $500,000 each year from the Highway Trust Fund. This is an 80/20 reimbursement program, you have to spend to get reimbursed; designated under RSA 238:19.

Mr. Erikson said that certain characteristics are required to make it eligible to be a byway. They were given a small grant from CNHPC and they used the funds to form the ad hoc committee and write a plan to come up with goals for the byway. Several of their goals and objectives are to raise awareness of the byway, publicize the trail, encourage businesses to promote the byway and clarify the route through the Town of Henniker. The committee would also like to encourage recreational usage. The committee also considers the economic development for Henniker, Contoocook and Hopkinton businesses.

Mr. Erikson commented when he made his presentation in front of Dean from DOT the response was very favorable because the project is shovel ready.

A traffic and safety survey was done of the byway by DOT.

The local land use is up to the town, the Scenic Byway Council cannot change the usage.

Mr. Erikson said that the Federal Government would only allow signs at the start of the byway and at the end, not anywhere in the middle.

They are asking the Selectmen to sign a Resolution of Support for the Corridor Action Plan. They would like to make appointments by the end of March to hold a council meeting at the end of April. The individuals that the Selectmen appoint to the committee will be responsible for reporting to the Selectmen and keeping them up to date on what is happening. There is a possibility of getting NEC students involved in the project as well.

Selectman Taylor commented on the 80/20 split and asked if the funds could be used for any project or just the papermill project. Mr. Erikson said anything that is funded along the corridor is an 80/20 split. The committee will be working on ways to find money, other than coming before the Selectmen.

Nicole Gage said they are also requesting that the Selectmen consider creating a Byway Advisory Committee. Selectman Watman suggested that a representative from NEC be on the committee.

Selectman Watman moved, Selectman Bostrom seconded that the Selectman create a Byway Advisory committee to represent the Town on the Byway Advisory Council with the following representation: Selectman, Planner and/or Land Use Coordinator, Planning Board, Conservation Commission, Historical Society or Historic District Commission, Highway Safety Committee, Papermill Restoration Committee and two members of the business community including one from NEC and that the Board sign the Resolution of Support from the Scenic Byway Corridor Management Plan.

Selectman Bostrom asked if this ties them into spending any funds. It was discussed that no budget has been set. Selectman Watman said his understanding is that if they require funding a proposal would be submitted to the Selectmen to go before Town Meeting and the process would take some time.

Selectman Bostrom said he is concerned with spending tax money and getting the town into something with the C&I Scenic Byway that could limit landowners as to what can be done on the road. Mr. Erikson said that any request for funds would be done in the normal process with plans brought forth and planning done. Mr. Erikson said the federal rules that are established prevent the Byway Committee from dictating anything to the town. Chairman Parker said he also recognizes the potential. Selectman Watman said there is potential of drawing more people into the town. Chairman Parker said this is another way to promote the town.

The motion passed 3-1. Selectman Bostrom was opposed.

Selectman Bostrom said he is not against the scenic byway, he is just concerned with taxes and the possibility of funds being needed.

OLD BUSINESS

Item 2: Review Town Meeting issues

Mr. Flynn said there were some changes made to articles and he wanted to give the Selectmen a chance to comment. The Board discussed who would be presenting which articles.

Chairman Parker said that he and Mr. Flynn would be meeting with the reevaluation property assessment company for a briefing of their process in preparation for Town Meeting.

Chairman Parker said that he and Mr. Flynn would be meeting regarding the Western Ave Bridge. He said that he is confused with what has been approved and what else they need. He does know that it is a $4 million project and they have to raise $800,000.

Mr. Flynn said he would be providing instructions, based on Moderator Wayne Colby’s recommendations, on what the Board needs to do at Town Meeting. The book will be ready in approximately a week for the Selectmen.

Selectman Taylor asked what will happen if no one shows up to present Article 33, which is petitioned. Mr. Flynn will get clarification.

Item 3: Review and adopt public minutes of February 16, 2010

Mr. Flynn said that Selectman Watman submitted his corrections in writing and the corrections will be entered into the revised meeting minutes.

Selectman Taylor moved, Selectman Watman seconded to approve the minutes of February 16, 2010 as amended. All were in favor.

NEW BUSINESS

Item 4: Town Administrators Report

· The Road Management Committee was postponed due to the weather and will be rescheduled.

· There have been no land sales.

· Change of fees for building permits. There have been two meetings held by the committee and there will be a proposal coming in April.

· Work on the employee handbook will resume after Town Meeting.

· Safe Routes to School is waiting for approval by Town Meeting to proceed.

· The Energy Grant proposal has been submitted.

· Letter to Kristen Claire.

· The Old Warner Road application is on hold until after Town Meeting.

· Army Corps land, action was taken last week and the group was notified.

· Mapping requirement – actions from the Board were submitted to the Planning Board.

· A response on behalf on the Board was sent to Mr. Lavallee.

Selectman Taylor asked about the letter to Kristen Claire. Mr. Flynn said it tells her that there has been a resolution from the Board and it will go before the Planning Board. Mr. Flynn said that something needs to happen by March 19, 2010. Chairman Parker said the Planning Board just needs to put it into the ordinance.

Selectman Bostrom asked about the changes in building fees. Mr. Flynn said there has been an in house committee formed to address issues they have had and they are trying to make recommendations to improve the process. Mr. Flynn said they are proposing to change the fees and create a new fee for HVAC purposes.

Mrs. Eleanor Kjellman said she was taken by surprise at the Budget Committee Meeting about it being time for reevaluation again. She said she knows the Selectmen are getting ready to sign the contract with the assessment company. Mrs. Kjellman feels the company did a very poor job with the previous evaluations and said she remembers the factual mistakes brought forth by residents that the assessment company made. Mrs. Kjellman said she understands that only 104 residents went through the company to file a repeal, but she remembers at the meeting that the deadline had already passed to file a compliant with the company. She told the Selectmen that she also had a problem with the company’s representative. Mrs. Kjellman said she suggested at that meeting five years ago that the next time this was done the Selectmen put a performance bond in the contract. She feels the company should be made to clear up any factual complaints with any townspeople before full payment is given to them. She thinks once the townspeople find out it was time to sign a contract with the company it will be too late, thinks it would be wise to postpone the signing of the contract until after Town Meeting.

Chairman Parker said the town has to utilize a company that is approved by DRA and there are not many. It had been many years since the last evaluation, which caused many problems. Chairman Parker thinks the error rate from Vision Appraisal was a lot less than what was in other towns. Chairman Parker said that six companies were invited to submit a bid. In terms of withholding money, they do not pay the company until the town is satisfied. Mr. Flynn said there is also a bond that is not released until acceptable from DRA. Chairman Parker said they have to do the reevaluation whether they get approval from the townspeople to approve the $25,000; the reevaluation still has to be done.

Chairman Parker said the process they are talking about is not an appraisal, it is a tax assessment. The tax assessment process gathers enough information about each house to compare to other properties without the exactness of a property appraisal.

Selectman Watman said they had the town attorney review the contract to confirm the company performed acceptably and DRA reviewed the contract as well.

Selectman Watman said to be fair, any company that came into town, after not having a reevaluation done for 5 years had a lot of work to do.

Chairman Parker said that he and Mr. Flynn would be meeting with Vision Appraisal and will raise these issues with them.

Mrs. Kjellman wants something in the contract that says funds will be withheld until performance of the contract is acceptable. Mr. Flynn said if the work done by Vision Appraisal meets the standards of DRA the Town couldn’t legally withhold the funds due to the assessing company.

Item 5: Selectmen’s Reports

Selectman Watman said statements were made regarding discussions with the budget and he does not recall any comments made by the Board that there would be a reduction in staffing. He feels the budget can be cut significantly without cutting employees. Chairman Parker said when a newspaper reporter quotes him as saying, “what the Board feels” then he is representing the Board. Chairman Parker said if there are going to be significant cuts in the budget then positions will be cut. Selectman Watman said that Chairman Parker did not have any justification to make the comment that there would be reductions in staffing. Selectman Watman does not feel reductions in staffing are necessary and he is against it.

Selectman Taylor said there is a Planning Board meeting next week to discuss a gravel pit renewal and the NEC application to request site for a pellet boiler.

Chairman Parker said they need to know whether a member of the Board has to be present at Town Meeting. Chairman Parker suggests that those willing, go to polls the morning of March 9, 2010 and ask Wayne if he needs their help counting and/or for certification. Chairman Parker said even though Selectman Watman might not want him there, he will be there for the day. Selectman Watman said that Chairman Parker was out of order.

Chairman Parker said they received a newsletter from White Birch Community Center, which lays out what they are getting from the Town. Chairman Parker said that White Birch does a good job explaining where their funds are coming from, the amount of services that are provided and to how many seniors they provide them to. He said that Henniker is paying for half the seniors that utilize the center, even if they are from another town. Selectman Watman said if they wanted to White Birch could submit a bill to other towns to pay for the services to their seniors.

Selectman Taylor moved, Chairman Parker seconded to adjourn at 7:30 p.m. All were in favor.

Respectfully submitted by
Cherry Palmisano

Town of Henniker

Board of Selectmen

Adopted Minutes

February 16, 2010

Members present: Leon Parker, Chairman; Kris Blomback, Vice Chairman, Ron Taylor, Rocky Bostrom and Tom Watman

Town Administrator: Peter Flynn

Guests: Marc McMurphy, Jennifer McCourt and Tom Patenaude

6:15 pm: Meeting opened with the pledge of allegiance

Ron Taylor Moved to accept the Consent Agenda, seconded by Rocky Bostrom. Board voted 5-0 in the affirmative

Since there were no public commentaries and there was time to spare before the hearing scheduled for 6:30, Item 3 was moved up for consideration before item 1.

Item 3:

Speakers Assignments for Town Meeting

The Board discussed the speaking arrangement for explaining Articles at Town Meeting.

Article 13-Energy Grant Kris Blomback said he would ask Tony Caplan to participate.

Article 19-Ron will ask Joe Damour about

Highway Asst. Superintendent Police Administrative Highway Light Equip/Truck Driver Assessing Technician Deputy Town Clerk/Tax Collector Highway Heavy Equipment Executive Secretary Town Clerk/Tax Collector Fire Captain Total Town Wastewater Superintendent Wastewater Chief Operator Total WWTP
	Total Difference	1/3 of Total
	(957)	(319)
	(1,622)	(541)
	(2,098)	(699)
	(2,538)	(846)
	(2,548)	(849)
	(4,062)	(1,354)
	(4,103)	(1,368)
	(4,732)	(1,577)
	(6,968)	(2,323)

	(29,628)	(9,876)

	(5,396)	(1,799)
	(7,842)	(2,614)
	(13,238)	(4,413)

Highway Asst. Superintendent Police Administrative Highway Light Equip/Truck Driver Assessing Technician Deputy Town Clerk/Tax Collector Highway Heavy Equipment Executive Secretary Town Clerk/Tax Collector Fire Captain Total Town Wastewater Superintendent Wastewater Chief Operator Total WWTP
	Total	1/3 of Total
	Difference
	(957)	(319)
	(1,622)	(541)
	(2,098)	(699)
	(2,538)	(846)
	(2,548)	(849)
	(4,062)	(1,354)
	(4,103)	(1,368)
	(4,732)	(1,577)
	(6,968)	(2,323)

	(29,628)	(9,876)

	(5,396)	(1,799)
	(7,842)	(2,614)
	(13,238)	(4,413)

Debt Service: Peter Flynn

Performance of Vision Appraisal and assessment of the barns.

PUBLIC FORUM

OLD BUSINESS

Item 3: Review and adopt public and non-public minutes of March 16, 2010

NEW BUSINESS

Item 7: Town Administrator’s Report

APPOINTMENTS

Item 2: Review Town Meeting issues

Item 3: