Peter Flynn provided an update to the Board on the towns request for a Special Election for a house seat in District 34B. There was some concern from the Governors office as to the timing and coordination of this request which caused voting confusion at the Executive Council level, which had originally voted to schedule the Special Election on primary day. Jim Ryan, Democrat candidate for this seat, provided copies of letters from other towns that had been held up on this process as well, but reiterated that only one town needs to make this request. He confirmed that the Council will meet tomorrow to take a final vote.

All requests for military leave as prescribed by RSA 110-B:16 must be accompanied by official orders stating dates of commitment. The following policy should be in effect for as long as the member is in good standing of the US Military service. Should an employee be convicted of crimes while in active service the policy will not apply.

The policy should be only for Full-Time employees, enrolled in NHRS and the current Town sponsored health insurance program.

Present: Joe Damour, Rod Pimentel, Thea Braiterman, Peter Flynn, Tim Russell, Walter Crane, Martha Taylor, Angela Robinson, Bob Clarke, Lloyd Henderson, Ron Lavallee, Tom Watman, Lori Grob

Walter Crane presented a proposed FY 2004 budget of $25,208 for the Animal Control Department, a .1% decrease over FY 2003; he plans to continue with programs to control rabies and West Nile virus. There were no questions.

Tim Russell presented a proposed FY 2004 budget of $847,449 for the Police Department, a 9.5% increase over FY 2003, due to salary increases, a mandated increase in retirement contributions, and an officer’s retirement package. The Board requested a review of the current custodial services contract to ensure this remains competitive. The Board also asked that offsetting revenues be added to the final budget presentation.

Mr. Ron Lavallee asked about the salary increase, and Chief Russell confirmed this is a state-level increase, on average of 4%. He also confirmed that travel and meal expenses are only reimbursed when training is required out of state. Mr. Lavallee suggested requesting PSNH to do an energy-saving study at the Station to see if electricity bills can be reduced. Chief Russell agreed to this request.

Cemeteries

Martha Taylor presented a proposed FY 2004 budget of $6,500 for the Cemeteries Department, level-funding from FY 2003, with the focus to be on repairing the Patten Cemetery this year. She expects one more year will be needed for stone repair.

Angela Robinson presented a proposed FY 2004 budget of $6,850 for the Community Concerts Department, a 24.5% increase over FY 2003, based on adding two more concerts during the year, and on increased fees for musical groups.

Bob Clarke presented a proposed FY 2004 budget of $25,361 for the Athletics Department, an 8.1% increase over FY 2003, due to the rental of the soccer fields and the new basketball program. The Board requested that the number of children participating in each program be added to the final budget presentation.

Peter Flynn presented a proposed FY 2004 budget of $2,100 for the Emergency Management Department, a 85.3% decrease over FY 2003; Bill Belanger continues to research for another grant to fund emergency purchases and will request this, if one is found.

Peter Flynn requested the Board’s appointment of the town representative and alternate to the Cooperative.

MOTION by Rod Pimentel to appoint Robert Pennock as representative and Peter Fernandes as alternate to a three-year term on the Concord Regional Solid Waste/Resource Recovery Cooperative Joint Board. Seconded by Thea Braiterman and unanimously approved 3-0.

Peter Flynn reviewed the status of ongoing projects. He is still waiting for a cost estimate of the revised plan for the Old Concord Road project. The Paper Mill Restoration Committee met recently. They have received two RFQ engineering proposals for restoring the Paper Mill Site. Four members of the committee will review them, report back to the full committee, and then present the final cost estimates to the Board and CIP.

The renovation work on the Community Center remains on schedule. Their first events are this Friday for Halloween, and will be a way to introduce the Center to the town. The Ramsdell Bridge Road project is ongoing. The Board noted that a warrant article for engineering fees will be needed for town meeting.

The CIP Committee met recently and is preparing to meet October 30^th to discuss spending priorities with the fire, town and transfer station departments. They have been very productive.

The Space Options Committee is scheduled to meet Monday, November 3rd, at 7pm. The Proctor Square project is under final design review; still waiting for state approval. The crossing guards for the town intersection are on duty for the second week, with no issues so far. The Morse project requires further discussion with Mr. Morse and John Margeson.

The Landfill and Recycling issues will be discussed at the next Board meeting. The Revaluation proposals will be presented to the Board on November 4^th, the next meeting. The project will begin in 2004 and end in 2005. The Craney Tower Committee is in progress. The Planning Board Appeal Hilltop Estates is new; the Appeal legally goes to the Zoning Board of Adjustment, then to the court. It has been submitted by an abutter opposing the Planning Board decision. The ZBA has the authority to reverse a Planning Board decision. The request for a Special Election for State Representative has been submitted to the Secretary of State. The Governor’s Council will be meeting next week to review this request. The Board agreed that a perambulation needs to be scheduled and completed; it is overdue.

Thea Braiterman informed the Board of a Bio-Energy Information Session on November 10^th at the Hopkinton Library, in Contoocook.

Rod Pimentel suggested establishing a sidewalk schedule for the town to implement, making sure this is included in the CIP plan and maybe connected with the projects coming before the Planning Board. Peter Flynn agreed to request a proposed schedule from the Highway Department.

Present: Joe Damour, Rod Pimentel, Thea Braiterman, Peter Flynn, Stephany Marchut Lavallee, Ron Lavallee, Ben Ayer, Keith Gilbert, Joe Gilbert, Dale Clement, Michele Bergh, Bob Pennock, Tim Russell, Lloyd Henderson, Shawn Richard, Amy Veilleux, Bruce Veilleux

Tom French presented a revised plan to move the stop sign at the town’s intersection of Route 114 and Western Avenue. The NHDOT Traffic Bureau has given verbal approval to the plan, with changes that comply with current law prohibiting a stop sign in front of a crosswalk and parking spots less than 20 feet from a crosswalk and less than 30 feet from a stop sign. The revised plan removes two parking spots in front of the pharmacy and two from the Western Avenue side.

The Board discussed and agreed the revised plan must be complied with, although questions remain about the town’s responsibility in posting signs that designate parking spots on a State road. The Board requested Mr. French continue to pursue final approval of this revised plan.

Keith Gilbert explained the background for the Fire Department’s request to place radio communications equipment in the Craney Hill Fire Tower in order to resolve a significant problem in Henniker’s emergency communications. The group of towns that are requesting this, referred to as the Compact, are concerned about the current lack of reliable and consistent communications when an emergency occurs. Joe Gilbert provided additional information that the equipment is much smaller than previously used, there is no need for a phone line, and the equipment will be silent during operation. All of this will help to reduce attention from potential vandals. The department is also willing to provide an alarm system. Bruce and Amy Veilleux expressed support for this project, but also their strong interest in keeping the tower open for tours, and having town assistance in security and maintenance. Dale Clement also stated support for this request, but suggested that a microwave link will require a dish on the tower, and asked about a backup if and when power is lost to the tower. Joe Gilbert confirmed that a temporary loss of this tower’s equipment will not keep the Compact emergency system out of commission.

The Board suggested establishing a Tower Committee to resolve these and other issues. Mr. & Mrs. Veilleux, Mr. Clement, Michele Bergh agreed to serve on this committee and work with the fire department on the details of this requested operation. All parties agreed that they wanted to work together to resolve issues.

MOTION by Joe Damour to authorize Compact to pursue putting in emergency radio communications in the fire tower on Craney Hill Road. Seconded by Rod Pimentel and unanimously approved 3-0.

Police Chief Tim Russell presented a plan to reorganize the police department in order to improve the division of administrative and supervisory duties. The Board agreed this will help to improve current coverage over weekends and during personnel’s time off, and assist in retaining qualified personnel.

MOTION by Joe Damour to approve the proposed reorganization of the police department, as submitted. Seconded by Thea Braiterman and unanimously approved 3-0.

The Board reviewed the correspondence from Ron and Stephany Lavallee expressing concerns about the implementation of Transfer Station policies, and the response from Bob Pennock, Chief of the Station. The Lavallee’s reiterated their interest in town employees proactively encouraging recycling of trash, as well as ensuring that all vehicles have a station sticker that allows them to deposit trash at the Henniker station. Mr. Pennock stated that his personnel respond as best they can to current responsibilities; recycling remains an option according to town policy.

The Board discussed establishing a yearly transfer station sticker, to be given out to all residents when registering their car, to help ensure the majority of transfer station users show required authorization. The Board agreed to discuss this issue with interested parties and report back in several weeks on this idea.

Shawn Richard distributed copies of a revised property deed that his abutter recently filed with the Merrimack County of Deeds, with reference to a Rangeway Road that does not exist, based on his research. The Board explained the surveyor of this property has the ultimate responsibility to ensure an accurate survey, and that recording this information does not make it true. The Board confirmed that it could be requested to reclaim the Bowers Road, and they would be obligated to comply because no lot can become land-locked so that the owner cannot access it. Mr. Richard stated he would be requesting a survey of his property and the Board confirmed he can state on that survey that the road was abandoned by the town. Peter Flynn stated that the abutter, Mr. Hanson, is proceeding under attorney advisement that the town never abandoned the road.

(Tabled for review at the next meeting.)

Peter Flynn presented John Margeson’s recommendation to fill a position in the Highway Department.

MOTION by Joe Damour to appoint Thomas Weston to the position of Highway Laborer in the Highway Department. Seconded by Rod Pimentel and unanimously approved 3-0.

MOTION by Joe Damour to appoint Lisa Hustis, Ron Lavallee, Rob Morse, and Bob Lambert to the Space Needs Committee, a subcommittee of the CIP Committee. Seconded by Thea Braiterman and unanimously approved 3-0.

Rod Pimentel agreed to serve as Selectman Liaison to this Committee.

Peter Flynn reviewed the status of ongoing projects. The Old Concord Road project has no update to report. The Paper Mill Restoration Committee is meeting this Thursday to receive an update on the EPA cleanup project on the Eastern Parcel. It is likely the removal of the dam will not occur until next year, due to current high water flow. The renovation work on the Community Center continues; the Activities Committee has scheduled two Halloween events. The Ramsdell Bridge Road project is ongoing. The CIP Committee met recently and is preparing to meet October 30^th to discuss spending priorities with the fire, town and transfer station departments. The Space Options Committee and Proctor Square projects have been previously discussed. The crossing guards for the town intersection are in training by the Police Department. The Planning Board has been notified, and invited to, the October 21st Public Hearing on the exit stop sign at the Post Office. The Morse project is ongoing. The recycling concerns of the Lavallee’s have been previously discussed. There are two good candidates for the position of Land Use Coordinator/Executive Secretary, and hopefully a choice will be made next week. Finally, he will bring in proposals next week to move finance operations to the Grange Building to improve space usage and town office operations. The Board agreed this sounds like an excellent idea.

The Board requested the Craney Hill fire tower project be added to the ongoing project list.

Present: Joe Damour, Rod Pimentel, Peter Flynn, Charles Davenport, Samantha Davenport, Patricia St. Laurence, Stephen St. Laurence, Laurie Grob, Hank Szelog, Karen Szelog, Tim Russell, Lloyd Henderson, Tom Watman, Scott Osgood, Jim Ryan, Barbara French, Joan O’Connor, Shawn Richard, Malcolm Washburn, Amy Veilleux, Bruce Veilleux, Kristen Senz, James Roberts

The Pledge of Allegiance was recited at 6:15 p.m.

The Board announced the 2003 tax rate for the town: town portion is $10.86, an increase of 1.00 from last year; County portion is $3.08, an increase of .14 from 2002; local school rate is $23.69, a decrease of $1.47; and the State school rate is $6.97, a decrease of $.32 from last year. This is a decrease of $.65 cents from the 2002 rate.

The Board was requested to renew the town’s authorization of the snowmobile trails used by the Henniker Trail Travelers.

MOTION by Joe Damour to approve the Henniker Trail Map for a five-year period,  Seconded by Rod Pimentel and unanimously approved 2-0.

Joan O’Connor informed the Board that an interview with her regarding her business selling compost worms is scheduled to air on Channel 9’s Chronicle, October 17th, at 7:30 PM.

The Board briefly discussed with Amy and Bruce Veilleux their safety concerns and the shared responsibility of the town if fire department equipment is placed in the fire lookout tower. The issue was tabled for further discussion at the next meeting, since Fire Chief Ben Ayer could not make the meeting.

Police Chief Tim Russell presented two nominations to fill the crossing guard positions, both having had motor vehicle and criminal background checks. He recommended one at the downtown intersection and one at the school crossing, in order to allow the police department to continue patrols.

MOTION by Joe Damour to appoint Elizabeth Ann McCarthy and Deborah R. Houle as crossing guards for the town’s intersection at Route 114 and Western Avenue, and at the elementary school crossing on Western Avenue. Seconded by Rod Pimentel and unanimously approved 2-0.

The Board requested the Police Department directly train and supervise these guards. They also requested feedback, after a month or so, in order to make adjustments to the program, if necessary.

Rep. Barbara French requested the Board’s approval to hold a special election to fill the vacated seat of Rep. David Colcord. She introduced Jim Ryan, her nominee for this position.

MOTION by Joe Damour to endorse a special election to fill the vacant seat in District 34, and to authorize the Town Administrator to determine the timeline of contacting the Secretary of State to request that this election be held at the same time as the 2004 Presidential Primary on January 27, 2004. Seconded by Rod Pimentel and unanimously approved 2-0.

Rod Pimentel presented his conclusion, after research, that the original decision of the Board to agree that Henniker Auto is a grandfathered business was the correct one. The documentation from past years all indicate this was a continued auto repair and storage place. Towing and storing cars is part of this, as long as there is no expansion of the footprint of the business. Peter Flynn added that he had presented evidence, as the Town Code Enforcement Officer in 2002, to prove this was a grandfathered business, and had notified the Planning Board at that time of this proof. The mechanism to use, if there is a disagreement, is an administrative appeal filed with the Zoning Board of Adjustment within 20 days of the decision. The Board concluded that Henniker Auto is a valid grandfathered business.

Peter Flynn updated the Board on the Community Center Activities Committee which has been very active, and recently announced their first youth activity scheduled for October 31st, Halloween night.

MOTION by Joe Damour to accept the September 16, 2003 minutes, as written. Seconded by Rod Pimentel and unanimously approved 2-0.

Peter Flynn presented the resignation of Marnee Saltalamacchia as the Land Use Coordinator/Executive Secretary, effective October 15, 2003. He has received several resumes, but would like to continue advertising for the position. The Board expressed regret at her leaving, but approved the advertisement to fill her position.

Joe Damour presented his conclusion that, after walking the site, an engineering study is necessary in order to make sure the drainage problems are competently resolved. Peter Flynn agreed to begin steps for this process by contacting Tom French.

Peter Flynn presented the recommendations of the Zoning Board of Adjustment for three alternates.

MOTION by Rod Pimentel to appoint Rick Patenaude for 2 years, Jeff Connor for 3 years, and Stephany Marchut Lavallee for 2 years, as alternates to the Zoning Board of Adjustment. Seconded by Joe Damour and unanimously approved 2-0.

MOTION by Joe Damour to appoint Pete Gilbert and Barbara G. French to the Historic District Commission as alternate members. Seconded by Rod Pimentel and unanimously approved 2-0.

Peter Flynn reviewed the status of ongoing projects. The Old Concord Road project remains ongoing; we are waiting for an accurate cost estimate to present at the town meeting. The Request for Proposal bids have been mailed for the engineering work on the Paper Mill site. He has walked the site with several bidders. The removal of the dam may now happen in early 2004, rather than 2003, due to the delay in getting all the paperwork completed. The renovation work on the Community Center continues and is expected to be finished for the town to use in January 2004. The Ramsdell Bridge Road project is ongoing. The CIP Committee has prioritized capital spending programs, and invited four town departments in for further discussion at their meeting this Thursday. He will discuss the space options committee with them. The revised Building Permit forms will be available this next week. The State DOT has some issues with the proposed plan for the stop sign at the town's intersection; he will have more information next week. The Planning Board has been notified, and invited to, the October 21st Public Hearing on the stop sign at the Post Office. Gulf Road project is complete. The sidewalk project for Western Avenue is complete. He will report more on the recycling issues at the next meeting.

MOTION by Joe Damour to enter into Non-Public Session per RSA 91:3, II regarding legal issues - Code Enforcement. Seconded by Rod Pimentel and unanimously approved 2-0.

(non-public minutes separate)

MOTION by Joe Damour to enter into Public Session per RSA 91:3, II. Seconded by Rod Pimentel and unanimously approved 2-0.

Present: Joe Damour, Thea Braiterman, Rod Pimentel, Peter Flynn, Danny Aucoin, Heidi Aucoin, Jessica Aucoin, Charles Davenport, Samantha Davenport, Patricia St. Laurence, Stephen St. Laurence, Ron Lavallee, Stephany Marchut Lavallee, Laurie Grob, Robert Morse, Cheryl Morse, Hank Szelog, Karen Szelog, Tim Russell, Lloyd Henderson, John Margeson, Leo Aucoin, Tom French, Cordell Johnston, Jim McElroy, Tom Watman, Don Armstrong

The Pledge of Allegiance was recited at 6:15 p.m.

Public Forum

Don Armstrong presented information about the proposed reopening of the wood burning electrical plan in Hopkinton. The town of Hopkinton is concerned about potential air pollution, increased truck traffic, and their planned route, and he has similar concerns for the town of Henniker. The Board discussed the issue, confirming that the plant has met EPA standards of operation and has been approved by NH Department of Environmental Services (DES). The Town of Hopkinton is expected to argue that they have the right to be involved in the decision to begin this wood-burning operation. The Board thanked Mr. Armstrong for the information.

Ron and Stephany Lavallee asked the Board for an update on their concerns expressed in June about the Transfer Station’s operations, i.e. letting in out of state cars, and not charging fees appropriately. Peter Flynn updated the Board that he has been meeting with Transfer Station personnel to learn the history of current practices. He plans to give a report to the Board at the October meeting. Rod Pimentel asked that this issue be added to the Ongoing Issues List.

6:20 p.m.

Item #1: Rescue Chief Tom French and Police Chief Tim Russell – Commendation Presentation

Rescue Chief Tom French and Police Chief Tim Russell presented Commendation Letters to Paramedic Rebecca Egner, Patrol Officer Daniel Collinge, EMT-1 Michael Martel, EMT-1 Martin Lamouoreaux, First Responder Carl (Rocky) Bostrom and Paramedic Chris Gaudreault for their lifesaving efforts for Alfred Damour on July 29, 2003. The Board and audience gave them a standing ovation.

Mr. French updated the Board on the Proctor Square project; he has made multiple phone calls to NHDOT, with no feedback yet on the proposed plan. The Board advised him to upgrade his contacts, if there is no response soon.

Item #2: Rob Morse – request for solution to drainage problem on Western Avenue

Rob and Cheryl Morse requested assistance from the Board to resolve the drainage problem at their property on 53 Western Avenue. After a brief discussion on the options, the Board agreed to visit the site with Town Road Agent, John Margeson, on Wednesday, September 24th at 8:00AM, to get a better idea of how to resolve the problem.

Item #3: Review Planning Board Correspondence re: Advanced Towing Agreement and Zoning Issue

The Board reviewed correspondence from the Planning Board, Danny Aucoin, and Hank Szelog regarding the decision to allow Advanced Towing to use Henniker Motor Works for storage of towed cars, and concerns that this expands a grandfathered business, and therefore is in violation of town zoning regulations.

An extensive discussion followed, with concerns expressed about the current business operating under grandfathered status, the possible expansion of this business if it allows the storage of cars, the lack of a process for making sure a grandfathered business truly qualifies for this status, and what constitutes an expansion of business. The Board clarified that a grandfathered business is not required to be approved by site plan review and that several towns are facing these same questions about balancing zoning regulations and the rights of previously established businesses. It was also clarified that the original arrangement for Advanced Towing involved limited locked storage, for an estimated four to five times a year, at Henniker Motor Works, but all other cars would be towed to Main Auto in Hillsborough.

A decision was reached that all cars needing accident autopsies would be towed and stored at Danny’s Roadside Assistance in Henniker; the other cars Advanced Towing is called to tow will be taken to Hillsborough.

MOTION by Joe Damour that the Police Department request towing services from Danny’s Roadside Assistance for accident autopsies and that there is towing for clients only at Henniker Motor Works. Seconded by Thea Braiterman and unanimously approved 3-0.

There was further discussion about requiring Henniker Motor Works to go through the site plan review process, but the Board clarified that this is not required for a grandfathered business. Further information was requested from the Building Inspector, as well as from other towns on how they are resolving similar issues.

Item #4: Paper Mill Committee update and request of Selectmen’s approval of letter of "Request for Engineering Services Quote" and Memorandum Agreement

Peter Flynn informed the Board of the Memorandum Agreement reached between the U.S. Fish & Wildlife Agency and the NH Department of Historical Resources (NHDHR) that will allow the dam removal project to begin. The Paper Mill Restoration Committee has also submitted a "Request for Engineering Services Quote" for the Board to approve for distribution to engineering firms to begin researching the costs of addressing the Paper Mill site. The Committee will ask the Board to present their recommended cost estimates at Town Meeting. He noted that the Town has received $165,000 to complete the dam removal project and $500,000 worth of work from the Environmental Protection Agency (EPA) to clean up the Eastern Parcel site; the engineering costs will be the first expense to be paid by the Town for both sites.

MOTION made by Joe Damour to accept the Memorandum of Agreement between Fish & Wildlife Agency and the NH Department of Historical Resources. Seconded by Rod Pimentel and unanimously approved 3-0.

MOTION made by Rod Pimentel to allow the "Request for Engineering Services Quote" for the Paper Mill Site to be sent out for engineering estimates. Seconded by Joe Damour and unanimously approved 3-0.

Item #5: Community Center Activities Committee update and request for additional Committee appointments

MOTION by Joe Damour to appoint the following persons to the Community Center Activities Committee: Joan Taylor, Paige Kingsley, Jason Rish, Kristina White, Randi Bouchard, Kathleen Lofaro, Beth Allen, Inez McDermott.

The Board agreed that any additional members be recommended by the current Committee, to make sure it does not become too large for its work responsibilities. Thea Braiterman said that every member so far has made a significant contribution to the Committee’s work; it has an excellent working relationship with the Town, and is working with the White Birch Center and New England College, as well.

Item #6: Review and Accept Minutes from September 2, 2003

Item #7: Discussion re: Committee for Space Needs study

Peter Flynn proposed a Committee for Space Needs to study the options for increasing space for town offices, and possibly the court. The Board agreed to suggest this as a possible subcommittee of the Capital Improvement Plan (CIP) Committee. Experts in different fields can be requested to join the subcommittee, as they are needed.

Peter Flynn reviewed the status of ongoing projects. The Old Concord Road project remains ongoing. The renovation work on the Community Center began this week, as scheduled. The Ramsdell Bridge Road project is ongoing. The CIP Committee has prioritized capital spending programs, and invited four town departments in for further discussion. The Building Permit form revisions are now being printed. There is no update on the traffic control project for the town intersection. The Planning Board has been notified, and invited to, the October 7th Public Hearing on the stop sign at the Post Office. The road work on Gulf Road is complete; the Conservation Committee is resolving a wetlands issue with John Margeson. The sidewalk project for Western Avenue will start this week. The cleaning up of the files at town offices will be placed on hold for now. Gail Abramowitz has resigned as secretary for the Planning and Zoning boards. There are staffing issues right now, but he compliments Cindy Marsland and Amy Jowers for their help during this time. Police Chief Tim Russell has been installed as the new president of the New England Chief of Police organization; an extremely noteworthy achievement. The Board requested a letter of congratulations be sent to him. The Mile Away Campground sent a thank you letter to the White Birch Center for their help. Ben Ayer has asked via Concord Dispatch Committee to bring back transmitter equipment; not sure we want to put this back in service. Joe and Rod will talk with Ben and Dale. Peter will add topic to next agenda.

The Board agreed to research the grandfathered business issue, especially what other towns have done, and report back to Hank Szelog regarding his business status. Further discussion on grandfathered businesses will be on the next agenda.