Town of Henniker  

Board of Selectmen

2004 Minutes of Meetings

 


Meetings of the Board of Selectmen usually take place Tuesday evenings at 6:15pm in the Town Hall (but not always every week), and their agenda are usually made available on the preceding Friday. As soon as the agenda is released by the Selectmen's office, it is posted in the Town Hall, Post Office, Tucker Free Library, and this web page - see Agenda. All minutes below have been approved by the Board of Selectmen.

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                                                                              Available Meeting Minutes

                                                  
January 6, 2004 September 21, 2004
January 13, 2004 October 5, 2004
January 20, 2004 October 19, 2004
January 22, 2004 November 2, 2004
January 27, 2004 November 9, 2004
February 3, 2004 November 16, 2004
February 10, 2004 November 30, 2004
February 17, 2004 December 7, 2004
March 2, 2004  
March 23, 2004  
April 13, 2004  
April 20, 2004  
May 4, 2004  
May 18, 2004  
June 1, 2004  
June 15, 2004  
July 6, 2004  
July 7, 2004  
July 27, 2004  
August 3, 2004  
September 7, 2004  

 


APPROVED

BOARD OF SELECTMEN

December 7, 2004

TOWN OFFICES

 

Present:   Rod Pimentel, Thea Braiterman, Cordell Johnston, Peter Flynn, Lia Houk, Jeremy Soulliere, Stephany Lavallee, Ron Lavallee, John Margeson, Bob Pennock, Pete Fernandes, Keith Gilbert, Grace Cohen, TJ Carmondy, Shawn Stein, Ben Tokarz, Roger Belsen

 The Pledge of Allegiance was recited at 6:15 P.M.

 Public Forum

Stephany Lavallee asked about the status of the Town Meeting Committee, and the Board explained the delay in setting up this Committee due to inadequate interest.  However, the Board was considering asking voters at the 2005 Town Meeting about scheduling future meetings on a Saturday.  After March, the Town Meeting Committee could begin meeting to discuss other issues of concern.

 Appointments

 6:20PM  Item #1:  Update of Public Interest – CIP Committee

Peter Flynn updated the Board on the last meeting of the CIP Committee, noting its final report will be presented at the next Selectmen meeting, with request for its adoption to be presented by Leon Parker, the Committee Chair.  He was very pleased with this hard-working committee and thought the report was excellent.  He also wanted to commend Russ Roy, town Finance Director, for his good work on the CIP draft report.  The town saved $2-3,000 by doing revisions in-house.

 Mr. Flynn noted the Space Options Committee will be meeting this week, and hopefully will present their conclusions at the next Board meeting.   In addition, it did not look like a Warrant Article would be coming from the Papermill Restoration Committee this year, as its work is not completed at this time.

 Thea Braiterman asked about the status of the Community Center, and Mr. Flynn said it is doing very well.  It is used almost every day and night, by various groups with their activities.  The Teen Center is not used as often, but a good group of teenagers are there regularly, and the issue is to get more volunteers at the Center so it can be open more often.  Rod Lavallee asked about monitoring the Center’s use by children from outside Henniker.  Mr. Flynn noted there are guests that use the Center, but they are usually students of John Stark High School and friends of resident children.  Everyone is requested to sign in, as they are gathering statistics to use later on in applying for grant funds.  The Center is now fully equipped to provide snacks, as well.

 Mr. Pimentel thanked Mr. Flynn for his invaluable help on the Space Options Committee.  Mr. Flynn thanked him, said he enjoyed this work.

 Old Business

 Item #2:  Review and Accept Minutes of November 30, 2004

             MOTION by Cordell Johnston to approve the minutes of the November 30, 2004 meeting, as amended.  Seconded by Thea Braiterman and unanimously approved 3-0.

 Appointments

6:30PM  Item #3:   PUBLIC HEARING – Haulers Fees Amendment to the Fee Schedule

            MOTION by Rod Pimentel to open the Public Hearing to Consider a Haulers Fee for Commercial Trucks Dumping at the Henniker Transfer Station.  Seconded by Cordell Johnston and unanimously approved 3-0.

Rod Pimentel announced the opening of the Public Hearing to Consider a Haulers Fee for Commercial Trucks Dumping at the Henniker Transfer Station.  The Hearing opened at 6:33 PM.

Ben of B&A Waste Removal and Recycling Company, said he opposes these new fees, as it will look good on paper, but in the long run not save any money and hurt residents, the taxpayer and his business.  His customers in Henniker already pay to have the Transfer Station in town; then they pay him to pick up their trash.  Now they will have that fee increased by $10, from $20, to cover these new fees; almost 98% of his 175 customers are residential.

Dr. Roger Belsen asked the purpose of these new fees, is it to save economically, or try to cut down on trash, or promote recycling?  Mr. Pimentel explained the town would like to establish fees similar to surrounding towns.

Bob Pennock, Chief of the Transfer Station, distributed a handout laying out the expected savings from instituting these fees, currently estimated at saving 35 cents on the 2005 tax rate.  There was a lengthy discussion on how these fees would offset the Transfer Station budget, since it would not change the requested budget appropriation, just the source of the funds to pay for this appropriation.  Dr. Belsen and Ben expressed concerns that this will not lower taxes;  Henniker residents are already paying one of the highest tax rates in the state.

Mr. Pennock explained his support for these fees, as they would resolve the problem of having trash from non-residents dumped in their facility.  There is no way to account for that happening with the current arrangement.  Mr. Pimentel agreed it is difficult to police commercial haulers and what they are bringing into the town’s facility.   Mr. Pennock noted the $38.15 fee proposed for 2005 is comparable to other towns’ fees.

The Board discussed with the audience the types of fees surrounding towns have for their Transfer Station facilities.  It was noted New London is one of the few towns that does not have a fee for commercial haulers, however Hillsborough, Loudon, Bradford, Sutton, Weare, and Hopkinton all charge commercial haulers in some way.  Ben noted these fees are varied, some charge him for dumping their town trash, but most do not, as long as he complies with their town regulations.  Mr. Pennock noted these towns all have mandatory recycling, as well.

Dr. Belsen and Ben  reiterated their concerns about the unfairness of placing another tax onto those who do not have a way to bring their trash to the Facility.  There is also no way of knowing whose trash a resident is bringing into the Facility right now. 

There was continued discussion on the issue of fairness, with Mr. Lavallee, Thea Braiterman, and Rod Pimentel expressing their view that it is unfair to have the town pay for trash that is not the town’s; some of them choose to have their trash picked up, but that is a choice and a luxury.  Charging this fee would eliminate the disadvantage the Town of Henniker has with surrounding towns that charge for their facility’s use.

Lisa Houk noted a tax reduction will be the result of all this, as the fees will pay for part of the budget, but Dr. Belsen and Ben disagreed, that their customers are still going to be discriminated against because they will not see these savings directly.   There was discussion on Pay As You Throw, that this is the first step toward that system.  Cordell Johnston expressed support for the fees, as he believes Henniker needs to do the same as the surrounding towns.

            MOTION by Cordell Johnston to amend the fee schedule under the Solid Waste Ordinance to include a per ton charge for commercial trash haulers, with the charge subject to adjustment as established by the Cooperative and Wheelabrator, based on costs per ton at time of disposal, with the fees to be effective January 1, 2005.  Seconded by Rod Pimentel and unanimously approved 3-0.

 Mr. Pimentel closed the Public Hearing at 7:20 PM.

 Item #4:  Dialogue with Hopkinton Selectmen re:  Financial help for legal fees concerning Bio-Energy litigation in Hopkinton

(Postponed to next meeting due to weather.)

 Item #5:  Review of Warrant Articles

 Ramsdell Road Bridge Fund:  The Board noted this is a continued request in order to meet the town’s 20% share of the cost of the construction of the bridge, which is about 3 years away.

 Highway Department Storage Shed:  The Board discussed the need to comply with DES environmental regulations concerning run-off, but agreed to drop this reference in the draft Article for clarification purposes.

 Highway Department Dump Truck:  The Board clarified this is a replacement for an ’89 truck, and will replace the need for a pickup truck, which was not funded last year.

 Highway Department Road Construction Fund:  The Board noted this has been reduced by half, as road projects can still be managed appropriately.  The State Block Grant has also increased this year.

 Highway Department State Grant Road Fund:  The Board noted the $10,000 increase for 2005.

 Fire/Rescue Building Fund:  The Board had a lengthy discussion on the current balance of this fund, and its purpose.

 Selectmen to Act as Agents to the Fire Truck Fund:  The Board noted this has been requested before, but denied; Keith Gilbert, Fire Chief, agreed to stand up at Town Meeting and request the town’s support for having the flexibility to purchase a fire truck in between the annual town meetings.

 Fire Department Fire Truck Capital Reserve:  The Board had a lengthy discussion with Keith Gilbert regarding the purpose for this fire truck and the funding reductions the town made last year and this year.  Mr. Gilbert stressed the need for planning ahead so there is not a large appropriation request in the future.

 Emergency Management/Fire Department Command & Control Vehicle:  The Board noted this vehicle is to handle a mass casualty emergency and will only be purchased with a federal grant being approved.  The cost to outfit this vehicle was thought to be in this grant.

 Ambulance Capital Reserve Fund:  The Board noted these funds were a standard request, with the funds being derived from fees.

 Transfer Station – Vertical Baler:  The Board noted this is to replace a baler over 40 years old and will serve as a backup for the two used now.

 Transfer Station – Pre-Owned Loader:  The Board noted the increased savings expected with this loader.

             MOTION by Cordell Johnston to adopt the above-listed Warrant Articles, as amended. Seconded by Thea Braiterman and unanimously approved 3-0.

 Item #6:  Request for Non-Public Session per RSA 91-A:3, II (c) (d) for Personnel and Land Purchase Reasons

            MOTION by Rod Pimentel to enter into Non-Public Session per RSA 91-A:3, II (c)(d) regarding personnel and land purchase issues.  Seconded by Cordell Johnston and unanimously approved 3-0.

 (non-public minutes separate)

            MOTION by Rod Pimentel to enter into Public Session per RSA 91-A:3, II (c)(d).  Seconded by Thea Braiterman and unanimously approved 3-0.

             MOTION by Cordell Johnston to seal the non-public minutes.  Seconded by Rod Pimentel and unanimously approved 3-0.

 New Business

 Item #7:  Town Administrator’s Report

Peter Flynn informed the Board that he was not able to find any record of the original 1975 and 1976 Town Meeting votes that established the Historic District Commission.  There was no question the Historic District was created, but the Commission itself was not voted on, as far as he can find.

 The Board discussed this issue, as well as the expected consideration by the Planning Board of the submitted Warrant Petition by the Historic District Commission at its next meeting.  It was suggested to have this issue tabled until more information can be provided to the Boards.

 Thea Braiterman urged the Board to discuss this issue with the Planning Board and the Historic Commission so that issues can be resolved before the town meeting in 2005.  Mr. Flynn agreed to continue to research for votes on establishing the Commission..  The Board agreed to consider this issue at their next meeting.

 Item #8:  Selectmen’s Reports

(There were no issues or concerns to discuss.)

 Item #9:  Permits for Signature

 Sign Permit:              Lions Club

 Timber Tax Levy:  Francis Hart, $467.03

 Item #10:  Abatements/Other Signatures

 Abatement Request Recommendation – Denied; Drew, Larry and Linda, $6,420

 Refund:  Burt, David, $200

 Appointment:  Michelle Moir, Henniker Police Department

 A motion to adjourn was made at 8:45PM.

 Sincerely,

 Amy Jowers

Clerk to the Selectmen


APPROVED

BOARD OF SELECTMEN

November 30, 2004

TOWN OFFICES

 

Present:   Rod Pimentel, Thea Braiterman, Cordell Johnston, Peter Flynn, Ken Levesque, Wayne Colby, Tom Watman, Helga Winn, Eric Cruz, Dan Camillari, David Hayden

 The Pledge of Allegiance was recited at 6:15 P.M.

 Public Forum

(No one present.)

 The Board announced the 2004 tax rate of $45.19, which reflects an increase of $2.24 over last year.  The town rate portion is $11.82; County rate is $3.77; local school rate is $24.38; State school rate is $5.22.

 Appointments – Budget Reviews

 Item #1:  Budget Reviews

Tucker Free Library

Helga Winn presented a proposed FY2005 budget of $152,297 for the Tucker Free Library, noting the 6.15% increase is mainly due to personnel costs.  Rod Pimentel asked if the Library is considering reducing paper storage of periodicals, as the internet allows access to archives of many of them.  Ms. Winn said they have a policy to retain some, as needed, but the newspapers are only kept for one week.  Wayne Colby said it depends on what is used for research.  They agreed this is always under review.

Rod Pimentel presented a Proclamation of best wishes and congratulations from the Board of Selectmen to the Tucker Free Library for its 100th Anniversary Celebration.

Item #2:   Recommendation of Engineering Firm for Waste Water Project – Ken Levesque

Ken Levesque updated the Board on the current operating Wastewater system, which is operating better.  He recommended Underwood Engineering, Inc. be awarded the bid to study this system to find out the cause of current problems, help propose solutions, and advise any upgrades needed for future operation.   He has worked with Underwood Engineering, Inc. in the past and they have provided good service to the town.

             MOTION by Rod Pimentel to authorize Ken Levesque, Chief of the Wastewater Treatment Facility, to begin contract negotiations with Underwood Engineering, Inc. to complete a study of the activated sludge portion of the secondary treatment process at the wastewater treatment facility with a focus on the aeration system capabilities.  Seconded by Cordell Johnston and unanimously approved 3-0.

 Mr. Levesque explained this authorization completes the first step required by the State of New Hampshire under the 80/20 funding agreement.  The State will now be involved through the rest of this process, and will approve the cost, as well.   Thea Braiterman asked what happens if an agreement cannot be reached; Mr. Levesque responded that the town will then go to the second firm who bid on this project.  Mr. Levesque distributed copies of the process he had for choosing Underwood Engineering, Inc. and letters he has sent to the State.  The Board thanked him for his work.

 Mr. Flynn informed the Board of the two awards the Wastewater Treatment Facility has received.  They are both an honor to receive for the town.  The U.S. EPA has awarded the Henniker Facility with a second place win in the EPA’s 2004 National Clean Water Act Recognition Award competition, based on the demonstrated creative and outstanding operations and maintenance practices in the small secondary plant category.

 The New England Water Environment Association, Inc. has awarded Ms. Mary Dowse its 2004 Operator of the Year Award in NH, for an individual who has shown a high level of interest and performance in wastewater operations.

 The Board extended their appreciation and congratulations to both Mr. Levesque and Ms. Dowse for their exemplary work for the town.

 Item #3:  Dialogue with Hopkinton Selectmen re:  Financial help for legal fees concerning Bio-Energy litigation in Hopkinton

(Postponed to next meeting.)

 Old Business

 Item #4:  Review and Accept Minutes of November 9, public and non-public, and November 16, 2004

             MOTION by Rod Pimentel to approve the draft minutes of November 9, 2004, as amended.  Seconded by Cordell Johnston and unanimously approved 3-0.

             MOTION by Rod Pimentel to approve the draft minutes of November 16, 2004, as amended.  Seconded by Cordell Johnston and unanimously approved 3-0.

             MOTION by Cordell Johnston to approve the non-public minutes of the November 9, 2004 meeting, as amended.  Seconded by Rod Pimentel and unanimously approved 3-0.

 New Business

 Item #5:  Town Administrator’s Report

Peter Flynn noted excavation has started on Old Concord Road to prepare for the retaining wall.  The Sidewalk Project continues to proceed smoothly.  The Paper Mill Restoration Committee will meet next week.  Mr. Flynn noted there is nothing new on the Ramsdell Road Bridge Project.  The Space Options Committee will meet this Saturday, December 4, 2004 at 9:00AM to discuss proposed town hall renovations with the Historic Commission.   

 The Revaluation project continues to proceed smoothly.   The Pay As You Throw issue has had further progress, with he and Bob Pennock meeting with a Resource organization representative, who is working on an initial report to present to the Board. 

 The CIP Committee is meeting Thursday, December 2, 2004 at 6:30PM to finalize its report, which will then be presented to the Board of Selectmen for approval.  The Wastewater Facility study has already been discussed this evening.   The Transfer Station Hauling fees will be discussed at a public hearing on December 7, 2004.

 The Warrant Petition regarding the Historic District Commission has been addressed with the copy of the town counsel’s legal opinion on the submitted petition, handed out tonight for the Board’s review.

 Thea Braiterman noted the legal opinion states that the submitted Warrant Petition is not necessary, as the 1975 and 1976 decisions stand and cannot be changed.  She urged the Board to discuss this issue with the Planning Board and the Historic Commission so that issues can be resolved before the town meeting in 2005.

 The Board had a lengthy discussion on options to address this issue, clarifying that the submitted Petition cannot be withdrawn and that it will be voted on the ballot, not presented for a vote at Town Meeting.  Peter Flynn agreed to distribute the original Warrant Article that establishes the Historic District for the Board’s review at the next meeting. 

 The Board discussed whether a properly established District and Historic Commission authorizes the Commission to have the final say on decisions in that District, and the Board agreed to request a legal opinion on that issue for clarification.  Ms. Braiterman urged the Board, the Planning Board, and the Historic Commission to discuss these issues so that everyone understands the positions.

 Item #6:  Selectmen’s Reports

Mr. Johnston asked about the status of the Town Meeting Committee, which has not yet met.  After a brief discussion, the Board agreed to work on a Warrant Article requesting a town vote on the option of holding town meetings on Saturdays.  The Committee can then begin meeting on other issues, and include input from the town moderator.

Item #7:  Permits for Signature

 Intent to Cut:   Morgan, Map 1 Lot 625A

                        Morgan, Map 1 Lot 559;X;X1

 Sign Permit:              St. Theresa’s Church, craft fair

                        Artisan Night Craft Fair

 Timber Tax Levy:  Steven Kavadias, $2,412.06

 Item #8:  Abatements/Other Signatures

 VNA (Visiting Nurses Association) Contract

 Notice of Lien: Evans, $1,951.19

 Trustees of the Trust Fund, Community Center accounting

 A motion to adjourn was made at 7:15PM.

 Sincerely,

 Amy Jowers

Clerk to the Selectmen


APPROVED

BOARD OF SELECTMEN

November 16, 2004

TOWN OFFICES

 

Present:   Rod Pimentel, Cordell Johnston, Thea Braiterman, Peter Flynn, Kimberly Johnson, Scott Osgood, Martha Sunderland, John Margeson, Eric Gur, Jim McElroy, Ron Lavallee, Stephany Marchut Lavallee, Jeremy Soulliere, Tom Watman, Bob Pennock, Leon Parker, Terry & Bob Stamps, Kristin Claire, Bill Belanger

 The Pledge of Allegiance was recited at 6:15 P.M.

 Public Forum

Ron Lavallee asked about the health care costs paid by town employees.  Rod Pimentel said the town covers the entire cost of health insurance for town employees.  Mr. Lavallee urged the town to reconsider this, as there are town residents who do not have insurance at all.  Mr. Pimentel noted the State covers health insurance the same way, as well as many surrounding towns.  The Board seriously considered changing this policy last year but decided against it.

 Appointments – Budget Reviews

 Item #1:  Budget Reviews

 Conservation Commission – Martha Sunderland

Martha Sunderland presented a proposed FY2005 budget of $2,180 for the Conservation Commission line item, level funded from last year.   She noted the NH Grant for the French Pond study has been carried over again, as they are still waiting for the State funds.  There are no changes in the Commission’s plan, although there are some public awareness and advertising projects being considered.

 Cordell Johnston asked about the new regulation to transfer 50% of land use tax to conservation efforts, as approved by the town last year.  Ms. Sunderland responded that has not yet happened, due to the town finance office waiting for final figures on the total amount.  She expects it will be around $22,000 when transferred, however it will not show in the Conservation Commission budget.  She confirmed these funds will be used for preservation of open space in Henniker.

 Town Clerk/Tax Collector – Kim Johnson

Kim Johnson presented a proposed FY2005 budget of $46,671 for the Town Clerk line item, noting the 14.8% increase is mainly due to a request for a new part-time clerk position.  Her department is getting busier as the town grows, and this new position would be a backup for the times when only person is working.  Rod Pimentel asked about the office space, and Ms. Johnson replied she would move into the old finance area in the back office area.

 Thea Braiterman expressed support for this position on the condition that the new person helps cover lunch hours instead of having the office closed.  She does not believe the town receives enough service, and the hours for the Town Clerk are not as flexible as she wishes.  A lengthy discussion ensued regarding other options for office hours, including Saturday mornings, Monday evenings, and Tuesday evenings.  The Board agreed more open hours were needed.  For safety reasons, Ms. Johnson said she does not want to have office hours if she is the only one in this building.  She noted busy times depend on the part of the month, and the new position will be scheduled 10 to 12 hours per week to help with this workload.

 Cordell Johnston said his issue is he forgets what the hours are, since they are different depending on the day of the week.  Ms. Johnson reiterated the hours are Monday-8AM to 5:30PM; Tuesday, Wednesday and Friday-8AM to 12noon; open through lunch if there are two people; but if not, the office reopens-1PM to 4:30PM, last Saturday of each month-8AM to 12noon. 

 The Board agreed Thursdays remain difficult to be open since the court is in session that day, however, the new position will help keep the office open through lunch hours during the remaining four days a week.  There were several suggestions to improve the advertisement of these hours, including using local newspapers to remind residents of office hours.  If hours change, the outside sign posted at Town Hall will need to reflect these changes.

 Ms. Johnson presented a proposed FY2005 budget of $49,081 for the Tax Collector line item, noting the 14.1% increase is due to the same position, as discussed above.  The photocopying charges reflect the fact that the copier is now being used as a printer.

 Highway Department – John Margeson

John Margeson presented a proposed FY2005 budget of $470,182 for the Highway Department, noting the 4.6% increase is due to increases in wages, insurance, and retirement benefits.  Gasoline costs are down, due to fewer gasoline vehicles. 

 Thea Braiterman asked if more road repair could be completed if more funds were budgeted.  Mr. Margeson responded the proposed $45,000 for road repairs in FY2005 would be satisfactory.  In discussions with the CIP Committee, the goal is to eventually incorporate these funds into the operating budget, possibly within 4 to 5 years when the town is caught up on road repair.  Mr. Flynn reminded the Board a State Grant of about $150,000 is also available for these projects.

 Highway/Streets – John Margeson

Mr. Margeson presented a proposed FY2005 budget of $163,235 for the Highway/Streets line item, noting the 17.1% increase is due to the $12 increase in the price of salt.   The Board reviewed the salt budget and Mr. Margeson noted it was high, since there is only a need for 2,000 tons.  He agreed with the Board suggestion to cut $10,000 from this line item, thereby only having a 10% budget increase for FY2005. 

 Mr. Lavallee asked about the salt purchase and how many storms it would cover.  Mr. Margeson responded that the town has never used more than 1,800 tons a year; this purchase will be good through April 2005.  He noted back to back storms may still be an issue, as this will not impact the storage issue with the salt.

 Street Lights – John Margeson

Mr. Margeson presented a proposed FY2005 budget of $17,000 for the Street Lights line item, noting the 5.6% decrease is due to a reduction in the cost of street lighting, which covers the cost of the entire town’s usage.  Rod Pimentel asked about the replacement of bulbs; PSNH is replacing bulbs with more lumens rather than less wattage.  Mr. Flynn confirmed he has conveyed this concern to PSNH.  He also noted this bill does not include the lamplights by the College, as they are covered by NEC.

 Zoning Board – Leon Parker

Leon Parker presented a proposed FY2005 budget of $6,200 for the Zoning Board, noting the 1.3% increase is due to a new assessed photocopying charge, as the copier is now used as a printer; otherwise, the budget remains largely the same.  He noted the $3,000 budgeted for the planning board consultant and Mr. Flynn confirmed these fees would be reallocated at the end of the year to the committees that used this assistance.

 Planning Board – Scott Osgood

Scott Osgood presented a proposed FY2005 budget of $55,869 for the Planning Board, noting the 42.6% increase is largely due to additional funds for the planning board consultant.  These hours will go from 12 hours to 20 hours per week, as there are several other committees and boards that have requested this consultant’s assistance.  In addition, the membership dues for the Central NH Regional Planning Commission will increase by 10%, from $4,525 to $5,000.

 Ms. Braiterman asked if these additional funds for the consultant could not be distributed between all committees and boards that use this consultant, thereby reflecting the true use of this person’s work.  Mr. Flynn agreed to establish where the consultant’s hours have been used in 2004, with the appropriate proportion allotted to these committees.  The Board discussed last year’s concerns about this consultant’s budget and agreed this would be a better way to plan for this work.

 Emergency Management – Bill Belanger

Bill Belanger presented a proposed FY2005 budget of $42,550 for the Emergency Management Department, noting the 21.43% increase is due to the potential purchase of a Command & Control Vehicle for the fire department and training funds to understand the new EPA regulations governing chemical violations issued to towns.  The C&C vehicle can be driven to an emergency event and provide the necessary communications and safety equipment needed to respond quickly and effectively.  Currently, the town uses its forestry truck.  A grant will cover the entire purchase of the vehicle, but not the inside equipment, which has already been placed in the Fire Department FY2005 budget.

 Mr. Lavallee asked what it would cost to equip the vehicle, and Mr. Belanger responded maybe around $5-10,000, depending on the equipment and on other grants that may be out there to cover such expenses. 

 After further discussion, the Board agreed to place this C&C vehicle purchase in a Warrant Article with language stating the town will accept grant money for this purpose.

 Old Business

 Item #2:  Follow-up on Transfer Station Policies re: private haulers

Bob Pennock informed the Board the potential revenue that could have been collected from commercial haulers this year would be close to $70,000.   The Board discussed the public hearing scheduled for December 7th, 2004, with a vote on this proposed change to take place after.  Mr. Pennock also informed the Board he and Mr. Flynn will be meeting with Elizabeth Dodge from Resource Recovery to discuss what the town is looking for in a recycling plan; her cost to do this study is half of what was originally proposed.   He added that the leaf collector purchased by the town last year has saved in staff time and money.

 New Business

 Item #3:  Town Administrator’s Report

Peter Flynn noted the poles have been placed and wiring of them started on the Old Concord Road Sidewalk Project.  The town assessor, George Hildrum, is appraising the properties being addressed by the Paper Mill Restoration Committee.  There is nothing new to report on the Ramsdell Road Bridge Project.  The Space Options Committee will be meeting with the Historic Commission on Saturday, December 4 to discuss proposed renovation plans of the town hall.  The Board is invited to attend.

 The Revaluation project continues with visits to residential places; they are expected to be finished with this phase by next summer, in time to use this information to determine the next year’s tax rate.  The Pay As You Throw issue was discussed this evening.  The CIP Committee will be meeting this Thursday, November 18th, 2004 at 6:30PM to work on final numbers for its plan.  The Firing Range issue is continuing to be worked on.  Ken Levesque has met with two companies, with another firm to meet next week, regarding the study of the town’s Waste Water system.  As already discussed, there will be a public hearing on December 7, 2004 on the proposal to charge a fee for commercial haulers.  Finally, he will be submitting a written response from town counsel to the Board next meeting on the Warrant Article addressing the Warrant by Petition submitted by the Historic Commission.

 Item #4:  Selectmen’s Reports

Rod Pimentel requested immediate action on addressing the health and safety issues for the employees working at the town hall, regardless of the Space Options Committee’s recommendation.  Mr. Flynn agreed to follow up on this request.

 Mr. Flynn noted the tax rate should be announced within the next 48 hours, then placed on the webpage.

 Item #5:  Permits for Signature

 (no permits for signature)

 Item #6:  Abatements/Other Signatures

 (no abatements/others for signature)

 A motion to adjourn was made at 7:35PM.

 Sincerely,

 Amy Jowers

Clerk to the Selectmen


 

APPROVED

BOARD OF SELECTMEN

November 9, 2004

TOWN OFFICES

 Present:   Rod Pimentel, Cordell Johnston, Thea Braiterman, Peter Flynn, Ken Levesque, Stephany Marchut Lavallee, Jeremy Soulliere, Martha Taylor, Tom Watman, Dottie Kelsey, Jon Evans, Cynthia Marsland, Bob Pennock, Lia Houk, Joan O’Connor

 The Pledge of Allegiance was recited at 6:15 P.M.

 Public Forum

(No one present.)

 Appointments – Budget Reviews

 Item #1:  Budget Reviews

 Historic District Commission Presentation of Petition Warrant Article

Martha Taylor, on behalf of the Henniker Historic District Commission, presented a Warrant by Petition to amend the Henniker Zoning Ordinance reaffirming the Historic District established by Town Meeting votes of 1975 and 1976.  The Board accepted the Warrant by Petition and confirmed town counsel would verify the signatures; it would then be placed on the ballot for the 2005 Town Meeting.

 Ms. Taylor explained this Petition will not change anything as it now stands, but establish an Overlay District that reaffirms the decisions made by the town in 1975 and 1976.  The Board discussed the Petition, and Ms. Taylor, in response to questions, stated the Board would have to obtain approval from the Historic Commission to renovate the Town Hall, and/or allow another tenant to use the Town Hall.

 Ms. Taylor noted the Commission has not yet established elections of officers and procedures, however, Members will still be appointed by the Board.  Cordell Johnston noted a public hearing on this proposed amendment is required to be held by the Zoning Board of Adjustment (ZBA) and is scheduled for January 2005.

 Cemeteries – Martha Taylor

Martha Taylor presented a proposed FY2005 budget of $6,500 for the Cemeteries line item, level funded from last year.  The stone repair project has not been completed this year, so is scheduled for next year. 

 Waste Water – Ken Levesque

Ken Levesque presented a proposed FY2005 budget of $413,473 for the Waste Water Treatment Facility, noting the 6.45% increase is largely due to expenditures beyond his control, such as wages, insurance, and retirement costs.  The Board asked for an update on the current system operation.  Mr. Levesque said he has seen some improvement.  It was a rough week and a difficult weekend, but from that, came a decision to try a new option – the air was shut off for 15 hours to kill all living organisms in the plant system.  In addition, chlorine was added in a new area of the plant, which caused chaos in the system, but may have helped to affect the bacteria growth.  

 Mr. Levesque noted he is spending a lot of money to dispose of sludge, but is trying a new process with the beltpress flow, as that has been an issue.  He is expecting a final Statement of Qualifications from a third firm interested in the study project of the plant system.  Repair budgets are up due to the age of the system.  He noted a few new line items:  heat for the roll off room is budgeted at $1,500 and PH Adjustment at $7,140; both items to help improve the current system.  Not all funds may be used, but he is basing these projected costs on what is currently happening.  One possible idea is to pre-treat the filament issue in the septage tank before it gets to the plant.

 Mr. Levesque noted the town is below the State’s average in user fee payments for a waste water treatment plant.  Mr. Johnston asked about the age of the current plant.  Mr. Levesque said it has already gone beyond the expected 20 years, and is now at the 30-year mark.  The study planned for next year will help to answer when and if a new system and/or parts will be necessary.  The Board discussed the funding options for these potential upgrades.

 Human Services – Cynthia Marsland

Cynthia Marsland presented a proposed FY2005 budget of $55,000 for the Human Service line item, noting the 10% increase is considered necessary to meet growing demands for rent and prescription medicine assistance for those in need.  Ms. Marsland explained the State sets the criteria for those who use these services, and the town has guidelines for this process.  She is trying to help more people obtain state-assistance that may be of more benefit, but the town is required to provide this assistance, in all cases.

 Thea Braiterman asked how many people these programs serve; Ms. Marsland said there are about 20 active participants who regularly need help; most are for rent and electricity and come and go as they need assistance.  Ms. Marsland noted the frustration that comes from trying to help people on a limited basis.  Peter Flynn noted the excellent work Ms. Marsland has done in providing assistance every week, and establishing a better paper history for this work.

 Community Concerts – Angela Robinson

Angela Robinson presented a proposed FY2005 budget of $7,000 for the Community Concerts line item, noting the 2.2% increase is to help with the costs of providing 12 concerts every year.  She is going to change the bands this next year to help ease this financial pinch. There will be a December 19th Holiday Concert, and the summer season is between May 31 and August 16, 2005.  The Board discussed increased advertising for the concerts with possible signage in town and postings at the library and college.  They advised the next step would be to reduce the number of concerts, in order to keep the budget within a reasonable level.

 Community Services – Peter Flynn

Mr. Flynn presented a proposed FY2005 budget of $50,873 for the Community Services line item, level funded from last year.  Mr. Johnston asked about the $40,000 for the White Birch Center, and Dottie Kelsey explained how these funds support the Senior Adults programs, Red Cross swimming instruction for children in the summer, distributing the Outlook newsletter for the town, and Dial-A-Ride.  Ms. Braiterman said the Tufts Strong Living Program for Seniors is excellent, as she is a participant.  Mr. Pimentel thanked Ms. Kelsey for her hard work and making the White Birch Center a tremendous asset for town residents.

 Solid Waste – Bob Pennock

Bob Pennock presented a proposed FY2005 budget of $537,208 for the Solid Waste Department, noting the 5.9% increase is due to an increase in tipping fees and a number of other small changes.  He noted the part-time budget is drastically reduced because it has been difficult to find workers for these positions.  The vehicles for the department are all getting older and in need of more repair and maintenance.  The Board discussed the upcoming public hearing on charging commercial haulers for trash delivered to the Transfer Station, thereby reimbursing the town almost $53,000 in tipping fee costs.  The Board requested a review of the procedure that determines how the town charges the Town of Warner for servicing several of its residents.  Peter Flynn agreed to follow-up on this issue.

 Parks & Properties – Bob Pennock

Mr. Pennock presented a proposed FY2005 budget of $45,009 for the Parks & Properties Department, level funded from last year.  There has been some movement of funds between line items, but the amount spent will remain the same.  The Board noted town properties have been looking very good, and thanked him for this work.

 Executive/Health – Peter Flynn

Mr. Flynn presented a proposed FY2005 budget of $20,083 for the Executive/Health line item, noting the 19.17% increase is largely due to the planning of two new members of the Board of Selectmen to be elected at Town Meeting; otherwise, this department is level funded.  He noted the Board has one of the lowest salaries in the surrounding towns region.  

 Elections – Peter Flynn

Mr. Flynn presented a proposed FY2005 budget of $6,250 for the Elections line item, noting that $500 can be removed from this budget because there will be fewer elections to handle this year.  Mr. Flynn confirmed the town is in compliance with the State Attorney General’s office; the issues raised were later found to be in error by that office. 

 Old Business

 Item #2:  Review and Accept Minutes of November 2, 2004

             MOTION by Rod Pimentel to approve the draft minutes of November 2, 2004, as amended.  Seconded by Cordell Johnston and unanimously approved 3-0.

New Business

 

Item #3:  Discussion Concerning Raising Funds for Legal Fees to Assist in Hopkinton Litigation Against Bio-Energy

Rod Pimentel reiterated his support to send money to the Town of Hopkinton to show support for their efforts to prevent Bio-Energy from burning contaminated wood; they have spent $50,000 so far.  Mr. Flynn noted he had checked with the town’s legal counsel, who had confirmed that based on RSA 31:4, it is a legal procedure to help another town as long as the issue affects us.   Thea Braiterman expressed her support for the idea.  Cordell Johnston expressed concern about it, as he is not sure the Board represents the town’s thoughts.  The Board discussed sending money from 2004 funds, with an additional request at Town Meeting to appropriate funds in FY2005.  Mr. Flynn confirmed there is about $6-7,000 left in the legal fees budget that could be sent.  Stephanie Lavallee expressed her thought that this money should be a significant amount because it affects the children of the town.  Tom Watman said he would prefer the Town of Henniker use this money on the town’s behalf; this way the Board remains in control of how this money is used, which is not the case if given to the Town of Hopkinton; leadership on this issue is important.   Mr. Johnston reiterated that an amicus brief is not yet in order, and once it is, it may not be cost-effective for the Town of Henniker to file one, since the NH Municipal Association will be filing one for all towns.  After a lengthy discussion, the Board agreed to discuss this case with the Hopkinton Board of Selectmen to understand their plan, as well as consider filing an amicus brief with their help; any funds for Hopkinton would be requested at the 2005 town meeting.   Mr. Flynn said he would look at scheduling a meeting on December 7 with the Hopkinton Selectmen.

 Item #4:  Budget Expenditures Review FY2004 – Peter Flynn

Mr. Flynn noted the budget is in good shape, with all departments adhering to spending plans.  Mr. Johnston asked about the process for handling surpluses in a budget, and Mr. Flynn explained the “fund balance” and using these funds to level out the tax rate for the following year.  The Board discussed the philosophy of allowing department heads to have enough funds to do what is necessary, so there is no “hoarding” for unplanned events.

 Item #5:  Town Administrator’s Report

Peter Flynn noted the pre-construction activity of removing trees and poles to begin the Old Concord Road Sidewalk Project.  The town assessor, George Hildrum, will begin appraising the properties being addressed by the Paper Mill Restoration Committee.  The public hearing on the Space Options Committee’s ideas was good and it is clear people favor new construction or renovating the Town Hall.  There is little interest in the Autodesk property, as most see this as the wrong location and needing renovation, as well.   A meeting on Saturday, December 4, has been scheduled with the Historic Commission to discuss proposed renovation plans of the town hall.

 The Revaluation project has started with visits to residential places; contact is by a visit, and then followed with a phone call.  The Pay As You Throw issue was discussed last week.  The CIP Committee will be meeting Thursday, November 18th, 2004 at 6:30PM to work on final numbers for its plan.  Ken Levesque has started the RFQ process for establishing a Waste Water study of the town’s system.  There will be a public hearing on December 7, 2004 on the proposal to charge a fee for commercial haulers.

 Item #6:  Selectmen’s Reports

The Board had a lengthy discussion on the Warrant by Petition submitted by the Historic District Commission.  Ms. Braiterman expressed her strong concern that the Board must research and find out how to ensure the Town of Henniker retains its authority to determine where and how its offices will be located.  Mr. Pimentel agreed with this concern and requested the legality of the 1975 and 1976 town meeting decisions be researched.  Mr. Flynn agreed to research the idea of submitting a Warrant Article by Petition from the Board to rescind any authority the Historic District Commission may have to veto a decision by the Town of Henniker.

 Item #7:  Non-Public Session per RSA91:A related to land issues

             MOTION by Rod Pimentel to enter into non-public session per RSA 91-A related to land issues.   Seconded by Thea Braiterman and unanimously approved 3-0.

 (The Board entered non-public session at 8:35 PM.  The minutes for non-public session are separate.)

             MOTION by Rod Pimentel to re-enter Public Session per RSA 91-A 8:45 PM.  Seconded by Cordell Johnston and unanimously approved 3-0. Mr. Johnston to seal the minutes. Seconded by Rod Pimentel and unanimously approved 3-0.

 Item #8:  Permits for Signature

Sign Permit:  John Stark Regional High School

Item #9:  Abatements/Other Signatures

 Refund:  Charles Benson Eggers, II   $19.00 vehicle registration error

 A motion to adjourn was made 8:50 PM.

 Sincerely,

 Amy Jowers

Clerk to the Selectmen


 

APPROVED

BOARD OF SELECTMEN

November 2, 2004

TOWN OFFICES

 

Present:   Rod Pimentel, Cordell Johnston, Peter Flynn, Tim Russell, Walter Crane, Tom French, Keith Gilbert, Steve Burritt, David Hayden, Ronald and Stephany Lavallee, Tom Watman, Bob Pennock

 The Pledge of Allegiance was recited at 6:15 P.M.

 Public Forum

(No one present.)

 Appointments – Budget Reviews

Item #1:  Budget Overview – Peter Flynn

Legal Fees – Peter Flynn

Mr. Flynn presented a proposed FY2005 budget of $25,000 for the Legal Fees line item, noting the $10,000 increase is due to anticipated costs for legal research, potential renewal of the cable contract, and a possible litigation case.  The Board discussed the litigation case, noting that insurance does not usually cover these expenses; the Planning Board budget includes $5,000 for it, but it could end up costing more than $15,000.

Code Enforcement – Peter Flynn

Mr. Flynn presented a proposed FY2005 budget of $20,473 for the Code Enforcement line item, noting the $1,500 decrease is due to lower costs associated with the position of Town Forester. 

Municipal Dues – Peter Flynn

Mr. Flynn presented a proposed FY2005 budget of $2,800 for the Municipal Dues line item, noting the slight increase is due to the anticipation of increased membership dues for the NH Municipal Association.  This budget will be adjusted once the town receives the actual bill.

Insurance – Peter Flynn

Mr. Flynn presented a proposed FY2005 budget of $77,000 for the General Insurance line item, noting the 4.1% increase is due to workers compensation, unemployment, and the normal coverage of deductibles.  This year was unusual in expenses because of several accidents.

Tax Maps – Peter Flynn

Mr. Flynn presented a proposed FY2005 budget of $2,500 for the Tax Maps line item, level funded from last year.  Ging Blanchard continues to provide regular updates to the maps, a service that is necessary for the town.

Debt Service – Peter Flynn

Mr. Flynn presented a proposed FY2005 budget of $128,922 for the Debt Service line item, noting the 20.4% decrease is due to the town’s consistent commitment to paying off debt.  The Board reviewed the chart detailing the scheduled payoffs of the town’s long-term commitments.

Town Offices – Peter Flynn

Mr. Flynn presented a proposed FY2005 budget of $433,646 for the Town Offices department, noting the 8.1% increase is due to annual salary increases and insurance costs.  Due to new labor laws, the finance position has been changed from non-exempt to exempt salary status, and therefore, overtime pay will no longer apply; in addition, several expenses associated with this position will be rolled into this exempt salary.  Also, a new accounting process called GASB 34 requires a complete review of all town assets, as that value must be included in future audits; in effect, it will treat the town as a business.  Mr. Flynn noted the utility budgets rose with the addition of operating new town buildings. 

Ron Lavallee asked about the annual court lease of $17,008; the Board confirmed this lease will expire July 1, 2005.   The Board noted that the fund for lien research is budgeted as an expense, but will be reimbursed by the requesters.

Police Department – Chief Tim Russell

Tim Russell presented a proposed FY2005 budget of $881,258 for the Police Department, noting the 2.97% increase is mainly due to insurance costs but also includes raising part-time hourly pay to $14.50 to remain competitive with surrounding towns.  He noted the fuel budget may have to change by the time of budget committee meetings, based on current prices.  It is necessary to purchase a base station for the digital radio system, although the State has paid for the radios.  He confirmed funds requested for construction would be requested through a capital reserve process.

Mr. Johnston asked about the decrease in fulltime wages; Mr. Russell responded that long-time personnel left and were replaced by newly hired individuals.   The Board discussed the schedule for purchasing cruisers; Mr. Russell noted it might be possible to skip the purchase of a cruiser in 2006, as the department had to unexpectedly replace one this year.

Animal Control – Walter Crane

Walter Crane presented a proposed FY2005 budget of $25,895 for the Animal Control budget, noting the 2.7% increase is due to an average salary increase and mileage costs.  The Committee thanked Mr. Crane for continuing his work.

 

Fire Department/Rescue – Chief Keith Gilbert/Chief Tom French

Tom French presented a proposed FY2005 budget of $383,118 for the Combined Fire/Rescue budget, noting the 6.18% increase is due to insurance costs, equipment purchases, and the coverage of dispatch fees.  The Board discussed the increase in dispatch fees, due to major capital improvements to the Kearsarge Tower for better reception and the hiring of two additional dispatchers to cover calls.  The town is a member of the Capital Area Mutual Aid association of 18 towns that share this dispatching system.  Mr. French noted that overtime hours have been shifted more to the part-time budget.

Mr. French discussed expenses solely for the Rescue Department, noting there may be a $5,000 surplus due to fewer call volume, however, with the payout only in December, this is unknown until then.  He noted the significant donations from Boundtree to help keep rescue costs low.  He noted equipment purchase requests for a defibrillator for the new fire truck and digital mobile radios.  The Board discussed the condition of the ambulances, noting the freightliner had needed little repair this year, and will become the backup once the Ford 450 is purchased.

Keith Gilbert discussed the proposed budget for the Fire Department, noting the increase in personnel to 40 that will require training, licensing and eight sets of gear, and the equipment purchase of a transmission flushing machine to share with the highway and transfer station departments.  He noted he is working with the police department to bill for alcohol-related incidents, based on state law.  Rod Pimentel asked about billing for insurance coverage for fire incidents, but Mr. Gilbert said that is not a normal practice and may cause more problems than it is worth.  The Board discussed how budgets are established, and how department-generated revenues are returned to the general fund, rather than to an individual department.

Patriotic Purposes – Steve Burritt

Steve Burritt presented a proposed FY2005 budget of $2,150 for the Patriotic Purposes line item, level funded from last year; he does not expect any significant change to this budget.  The Board thanked him for this work.

Item #2:  Bob Pennock – Transfer Station Updates

Bob Pennock presented the year-to-date cost the town has paid to deliver trash for contract haulers:  haulers delivered 1,431 tons of trash to the Transfer Station, which paid $37.15/ton to deliver to the tipping station, at a cost of $53,107 in fees.  The end of the year cost is expected to be around $61,700.  This is a cost the town should bill to the haulers.   The Board discussed the need for a fee structure; it was noted that almost all other towns charge haulers. 

Rod Pimentel noted a public hearing needs to be held on this proposed change, and if possible, early enough so this change can take effect January 1, 2005.  The Board agreed to try to schedule the public hearing the week after Thanksgiving.

The Board further discussed the need to police dumpsters in town.  Mr. Pennock noted he has asked residents to break apart hideaway beds, in order to recycle the metal and reduce the weight of trash.  The Board agreed this was a good idea.

Mr. Pennock expressed his ongoing concern that the 60/40 agreement with the town of Hopkinton to pay for joint trash delivery is not being fairly handled because of the Waste Management, Inc. company.  The Board agreed this split agreement did not sound fair to the town, and agreed with his decision to end it, as soon as possible. 

            MOTION by Rod Pimentel to inform the Waste Management, Inc. company to stop combining State Highway trash in the load that goes to Wheelabrator for the Town of Henniker, and to inform the Town of Hopkinton that the 60/40 pay delivery agreement is ended.  Seconded by Cordell Johnston and unanimously approved 2-0.

Peter Flynn noted he would send a letter to the Waste Management, Inc. Company with this decision. 

Mr. Pennock referred the Board to the $6-8,000 proposal submitted by Morgan Environmental Solutions, LLC to evaluate the pay-as-you-throw system and/or a mandatory recycling ordinance.  The Board agreed the quote seemed reasonable and should be included in the Transfer Station budget.

Old Business

Item #3:  Review and Accept Minutes of October 19, 2004

             MOTION by Rod Pimentel to approve the draft minutes of October 19, 2005, as amended.  Seconded by Cordell Johnston and unanimously approved 2-0.

Item #4:  Sign Donation for Community Park and Center – Review Designs

The Board reviewed the proposed layout of three signs for the Henniker Community & Henniker Park; Crescent Street; and the Henniker Municipal Lot.  Eagle Scout Candidate Johnson has committed to finishing this project by spring of 2005.  Mr. Flynn noted the granite posts for these signs will come from Swenson Granite and paid by the town.

            MOTION by Rod Pimentel to accept the Eagle Scout Candidate Johnston proposed signage of three signs for the Town of Henniker.  Seconded by Cordell Johnston and unanimously approved 2-0.

New Business

 Item #5:  Cogswell Water Update

Mr. Flynn noted the town’s notification process to residents during the contamination alert regarding the water system had gone very well, with few complaints.  This issue has now been resolved.

Item #6:  Selectmen’s Alternate to Planning Board - discussion

Mr. Flynn noted the most recent resignation of a Planning Board member, and the Board agreed it was better to fill that position, and then decide on the alternate to the Board.

Item #7:  Planning Board Litigation

The Board agreed this item did not require further discussion.

Item #8:  Town Administrator’s Report

Peter Flynn noted the successful pre-construction meeting regarding the Old Concord Road Sidewalk Project held on October 28th, 2004.  The project will begin in one week, earlier than expected.   The Paper Mill Restoration Committee met last week.  Cordell Johnston updated the Board on the issues discussed, noting surveys and appraisals will be requested to ensure the value of the Eastern Parcel and the Main Parcel.  Further research is needed for both parcels; the Committee developed a list of action items to pursue.

Mr. Flynn noted there is nothing new on the Ramsdell Road Bridge Project.  The Space Options Committee will hold a public hearing this Thursday, November 4, 2004 at 7:00PM to request input from residents on various proposals. 

 The Revaluation project has started, with visits to residential places.  The Pay As You Throw issue has already been discussed this evening.  The CIP Committee is meeting Thursday, November 18th, 2004 at 6:30PM to continue work on its report.  The Firing Range ordinance is being examined by town counsel.  Ken Levesque has started the RFQ process for establishing a Waste Water study of the town’s system.

Mr. Flynn requested the Board’s approval of four nominations to the Athletic Committee. 

 

            MOTION by Rod Pimentel to appoint Ryan Winn, Jason Fellows, Stacie McAllister, and Stephanie Lovering to the Henniker Athletic Committee.  Seconded by Cordell Johnston and unanimously approved 2-0.

 Item #9:  Selectmen’s Reports

Mr. Johnston noted the forms approving poll licenses and asked if the town is aware that a new ruling may allow towns to assess taxes on utilities using right of way.  Mr. Flynn agreed to follow-up on this possible revenue for the town. 

 Mr. Pimentel noted an article in today’s paper referring to the legal expenses of the town of Hopkinton regarding their legal case against Bio-Energy.  Mr. Flynn agreed to place this issue on the Board’s next agenda.

 Mr. Johnston asked about the status of the Town Meeting Committee and requested a meeting be set soon.  Mr. Flynn agreed to follow-up on this request.

 Mr. Flynn noted town offices will be closed on Thursday, as town employees will be attending the NH Municipal Association conference.

 Item #10:  Permits for Signature

 Intent to Cut:  Remillard, Map 1, Lot 1 & 2

                        Aucoin Farms, Map 1, Lot 631

                        KSA, Map 1, Lot 576

 Sign Permit:  Henniker Rotary Club

 Item #11:  Abatements/Other Signatures

 Appointment:  Athletic Committee Members: 

Stephanie Lovering

                                    Stacie McAllister

                                    Jason Fellows

                                    Ryan Winn

 Pole License Petitions:  PSNH

 Abatement:  Sewer Commissioners:  Tamara Curran, $172.83

                                                            Jean Lewis, $28.80

 A motion to adjourn was made at 8:20PM.

 Sincerely,

 Amy Jowers

Clerk to the Selectmen


Approved

BOARD OF SELECTMEN

October 19, 2004

TOWN OFFICES

Present: Rod Pimentel, Thea Braiterman, Cordell Johnston, Russ Roy, Ken Levesque, Tom French, Bob Pennock, Jeremy Soulliere, Ron Lavallee, Tom Watman, Lia Houk

The Pledge of Allegiance was recited at 6:15 P.M.

Public Forum

Ken Levesque, Superintendent of the Solid Wastewater Treatment Plant, requested the Board’s approval to establish a study of the Plant’s system, in order to find out the capacity of the aeration system of the biological section and if an upgrade is needed to resolve the ongoing filament problem. The system needs more dissolved oxygen in the water, yet the aerators are working at full capacity and turbidity has increased. The State has an Aid Grant that will reimburse the town 20% of study costs and up to 20% of capital expenses for whatever solution is chosen. His cost estimate for the study is $20-25,000, plus whatever steps the study recommends and the town approves. The study will involve lab work, tests to the current aeration system and the biochemical oxygen demands, evaluation of the hydraulic surges, and additional testing identification of the filament, which is known as 0581, a rare filament that has been little researched and studied. The State and the country’s expert on this filament, Dr. Michael Richards, have been advising the town up to this point. The town has been taking their advice and doing all it can for now. In addition, this is a 30-year old system that has had no major upgrades; there is new technology that can improve the town’s system.

The Board discussed the option of continuing current efforts, which offers no guarantee that the problem will be resolved or that the system itself will not fail in a worse way. Mr. Levesque said he knew of no other option than to do a study, the length of it to be 6 to 10 weeks once started, plus whatever steps are recommended. Mr. Levesque noted he is currently paying 17 cents a gallon to dump liquefied sludge because the belt press is also not working. Also, the Plant’s capital reserve fund has the $20-25,000 for the study.

MOTION by Thea Braiterman to approve the necessary resources to conduct a study of the Solid Wastewater Treatment Plant under the supervision of the Department Superintendent. Seconded by Cordell Johnston and unanimously approved 3-0.

Mr. Levesque said he will begin the paperwork for this project and continue to keep the Board updated on its progress.

Appointments

Item #1: Tom French: From HTA Engineering Firm

Update on Bids received and recommendations to award construction for Phase I (subject to State DOT Approval)

Tom French reported to the Board the final bid tabulation of five submitted bids for the Old Concord Road Sidewalk Project. The Permadrive Paving Company is being recommended for the award, as its bid was the lowest and at the estimated cost of the project, $323,000. This recommendation was submitted to the State, which has approved this award process and has notified the town to proceed with the award decision. He introduced the President of PPC, Eugene Shannon.

MOTION by Rod Pimentel to accept the recommendation to give the Notice of Award to Permadrive Paving Company for the Old Concord Road Sidewalk Project in the amount of $323,684.50. Seconded by Cordell Johnston and unanimously approved 3-0.

Mr. French said he will follow-up with this paperwork and keep the Board informed of the progress. A pre-construction meeting has been scheduled for October 28th in order to begin scheduling the project. Mr. Shannon asked about the job award for paving the road, once the project has been completed; this will also determine the schedule. Mr. French noted this portion of the job was estimated at a cost of $265,000, and PPC had proposed $185,000, as long as the second portion of the job was also theirs. Rod Pimentel said this was initially thought to be a town project, but it will be discussed at the Board’s next meeting, along with the Town’s Highway Agent, John Margeson.

Old Business

Item #2: Follow-up on Recycling Committee issues

The Board discussed with Lia Houk, Chair of the Recycling Committee, and Bob Pennock, Superintendent of the Transfer Station, the project to develop a Solid Waste plan based on information gathered on the costs of continuing the current recycling plan, implementing a Pay-As-You-Throw plan, or implementing a mandatory recycling plan. The Board requested Mr. Pennock lead this project, with the assistance of the Recycling Committee, as well as the option to hire an outside consultant, if necessary, to gather this information.

Mr. Pennock asked about funding for this project and its timing. Rod Pimentel said funds will be in the 2005 budget, with the request that this be a priority project for his department in order to have a prepared proposal for Town Meeting in 2006. Thea Braiterman suggested a citizen’s committee to help Mr. Pennock with this work. There was discussion regarding using members of the Recycling Committee as part of the citizen’s committee. Mr. Pennock noted that the costs of charging commercial carriers will be in the 2005 budget. He also asked to begin this project without a committee, until he knows one is needed. He can work well with several of the members of the Recycling Committee and would prefer that arrangement for now. The Board agreed.

Rod Pimentel requested a budget proposal from Mr. Pennock for this project that will lay out the costs of these three plan options. There was discussion on the level of detail needed in this proposal; however, the Board recommended the project begin with cost projections.

New Business

Item #3: Announcement of Police Chief’s Recommendation regarding Halloween Trick or Treat Hours

MOTION by Cordell Johnston to accept the Police Chief’s recommendation to set Trick or Treat Hours from 5:00PM to 7:00PM on October 31, 2004. Seconded by Rod Pimentel and unanimously approved 3-0.

Russ Roy noted these hours will be posted on the town’s website.

Item #4: Appointment to Community Center Committee

MOTION by Thea Braiterman to accept the recommendation to nominate Charles (Charlie) Nelson to the Henniker Community Center Committee. Seconded by Cordell Johnston and unanimously approved 3-0.

Item #5: Donation of Granite Bench in Community Park

MOTION by Cordell Johnston to accept the memorial granite bench in memory of Diamond Maxwell to be placed in the Henniker Community Park. Seconded by Rod Pimentel.

Thea Braiterman noted her interest in ensuring this Park does not become a place for memorializing loved ones.

The Board unanimously voted to approve 3-0.

Item #6: Selectman Johnston: Update on CIP Committee and Proposed Joint Meeting with Selectmen on October 26, 2004

Cordell Johnston updated the Board on the work of the Capital Improvements Committee and its request to meet with the Board to discuss how to work effectively with them. Russ Roy noted that the Committee is hoping the Board will have most 2005 budget figures within the next two weeks, so will be able to give direction to the Committee on tax projection and how much funding is available for capital expenditures. The Board agreed to meet with the CIP Committee on October 28th, at 6:30 PM.

Item #7: Waiver Request for Re-Application Fee for Planning Board

Cordell Johnston explained the request to waive a second subdivision application fee for the Connor Subdivision project, based on the Planning Board’s recommendation to not require this fee be paid twice; the initial plan was only denied based on an incorrect measurement for road frontage.

MOTION by Cordell Johnston to approve the waiver request for the second payment of the Planning Board re-application fee for the Connor Subdivision plan. Seconded by Thea Braiterman and unanimously approved 3-0.

At this time, Thea Braiterman left the meeting.

Item #8: Selectmen’s Reports

Cordell Johnston asked about resident complaints regarding treatment by Henniker police officers. Rod Pimentel said he has spoken with Peter Flynn, to discuss with the Police Chief and remind him of the need to have all police officers be trained in respectful treatment of residents. Rod Pimentel asked Russ Roy to have Peter Flynn follow-up on this issue.

Cordell Johnston asked about the status of a committee to look at the town meeting process. Rod Pimentel said advertisements requesting members only received interest from two people. The Board agreed to move ahead with this small group to discuss options for town meeting days and times. Cordell Johnston said one idea would be to put a warrant article on the town meeting agenda suggesting the town vote on whether to hold it on a Saturday.

Rod Pimentel asked about having the Town of Henniker submit an amicus brief in support of the Town of Hopkinton’s case against Bio-Energy. Cordell Johnston advised that, as the lawyer for the NH Municipal Association (NHMA), the case had currently been withdrawn, but would return to the State Supreme Court. At that time, NHMA would submit an amicus brief on this case. It would not be necessary for the Town of Henniker to do one. After some discussion, the Board agreed to wait on this issue.

Rod Pimentel requested the Board consider offering monetary support to the Town of Hopkinton for its legal fees regarding this case.

Item #9: Review and Accept Minutes of October 5, 2004

MOTION by Rod Pimentel to approve the draft minutes of October 5, 2005, as amended. Seconded by Cordell Johnston and unanimously approved 2-0.

Item #10: Permits for Signature

(No permits reported.)

Item #11: Abatements/Other Signatures

(No abatements/other signatures reported.)

A motion to adjourn was made at 7:35PM.

Sincerely,

Amy Jowers

Clerk to the Selectmen

 


 

APPROVED

BOARD OF SELECTMEN

October 5, 2004

TOWN OFFICES

Present: Rod Pimentel, Thea Braiterman, Peter Flynn, Ken Erikson, Ron and Stephany Lavallee, Tom Watman, Jeremy Soulliere, Lia Houk, John Margeson, Kathleen LaFaro

The Pledge of Allegiance was recited at 6:15 P.M.

Public Forum

No one present.

Appointments

Item #1: 6:20PM: Paper Mill Committee – Continued Discussion re: Paper Mill Site

Ken Erikson, Chairman of the Paper Mill Restoration Committee, updated the Board on the recent actions taken by the Committee. He reviewed his letter to the Board addressing the Board’s suggestion to research the option of building a structure on top of the old paper mill concrete structure. At the advice of Gomez & Sullivan, the engineering firm hired by the town to look into renovation options for this site, this option would require additional and substantial engineering research that maynot necessarily result in the site being usable. The Committee reached a consensus that this was not a good option to pursue, and it requested the Board to approve this decision.

The Board agreed the information provided was convincing enough for them to agree that this would not be a good option to pursue.

Mr. Erikson further informed the Board that the Committee unanimously voted on a motion stating there was no interest in the property on Bacon Road and Lot 359C in its work addressing the renovation of the paper mill site; either property could be sold by the town, if desired.

Mr. Erikson noted the Committee would be developing a comprehensive plan to present to the Board so that a decision on the renovation of the Paper Mill site could be made with all information and options known beforehand. The Board thanked him for this update.

Old Business

Item #2: Follow-up on Recycling Committee Issues

Lia Houk updated the Board on the work addressing a comprehensive solid waste plan. After several lengthy and informative meetings with Bob Pennock, the Chief of the Transfer Station, and the Northeast Resource Recovery Association, of which the town is a member, the best option for the town seems to be researching a Pay As You Throw plan or a mandatory recycling plan. Mr. Pennock said the Transfer Station does not have enough space or staff to expand the recycling methods, but there is room to increase the volume of recyclable goods. Ms. Houk stated the Recycling Committee could assist with this project, but it does not have the authority or the resources to lead it. The Recycling Committee could help in the education of the town, which is particularly important with a PAYT program.

Rod Pimentel noted that his ongoing work with the Recycling Committee over the years has agreed with the conclusion that PAYT may be the best option for the town if it wants to increase recycling. The Transfer Station is the best resource for gathering the data for such a project, as this is where the goods are gathered and its cost is known. If outside help is needed, Mr. Pennock can request this from the Board of Selectmen.

Thea Braiterman expressed concern about this not being a priority for the Transfer Station, as there is already a large responsibility on this department. She suggested a citizen’s advocacy group to help keep the idea moving ahead. Ms. Houk added that the relations between different camps in town may be helped by the lead of this project being the Transfer Station with the work of an outside consultant. The Board agreed to table this idea until further discussions and ideas can be developed to ensure the success of this project. Peter Flynn agreed to put this on the next agenda for further discussion, including the idea of charging commercial haulers.

Item #3: Review Draft Minutes for September 21, 2004

MOTION by Thea Braiterman to approve the draft minutes of September 21, 2004, as amended. Seconded by Rod Pimentel and unanimously approved 2-0.

Item #4: Morse Drainage Issue

Peter Flynn and John Margeson reviewed the actions taken to address the drainage problem on the Morse property on Western Avenue. At the Board’s request, Hoyle Tanner & Associates performed a review of the project and estimated that an engineering study examining options to resolve this issue would cost around $10,000, to then be followed by the construction of the solution. Mr. Flynn noted this was more expensive than originally thought. Mr. Margeson presented a brief overview of this issue, noting this drainage system has existed for years and problems only developed after the land owners built a building over the drainage pipe. The NH Municipal Association has information explaining town rights and landowner’s rights, and towns are not liable for such issues when they arise. The Town has not changed anything with this system, so it is his opinion that the town is not liable for fixing it. There is a concern of setting a precedent here, as other residents have had similar problems in the past and they have been told it is their problem to fix. The logical option is to reroute the drainage pipe on this property underneath the driveway, but the owners have already indicated they do not want to take this action.

The Board discussed the issue, noting the cost of construction and the cost of engineering for other options. Thea Braiterman proposed making an offer to the owners to move the drain, possibly sharing the cost of this work, in exchange not to do an engineering study that would examine other options. Mr. Margeson noted the most expensive part of this option would be the repairing of their driveway; at a cost of about $7,000-$10,000. The Board agreed to request legal advise on their options and to table the project until further information is gathered.

Public Forum (continued)

Kathleen LoFaro thanked the Board for supporting the Public Forum allowing REACH to educate the residents on the concerns about the work of BioEnergy and Petrofiber. It would also not have been as successful without the help of Peter Flynn and the various media articles explaining the issues.

 

New Business

Item #5: Budget Expenditures Review FY2004 – Peter Flynn

Peter Flynn reported to the Board that all departments were currently within budget. The tax rate for the 2004 year would be at or below the board’s estimate.

Item #6: Town Administrator’s Report

Peter Flynn noted that six firms have purchased the bid for the Old Concord Road Sidewalk Project, with three attending a meeting explaining it. Final proposals are due at the end of this week, and so the Board may be opening and examining bids in the near future.

The Paper Mill Restoration Committee project has already been addressed this evening, and there is nothing new on the Ramsdell Road Bridge Project.

The Space Options Committee will meet on October 21st, 2004 to discuss two proposals and its final recommendation to the Board. The Revaluation of town properties continues with the administrative work. The Recycling Master Plan has already been discussed this evening.

Peter Flynn noted the CIP committee met last week and had a first look at the departments’ capital expenditure requests. It will meet again on October 14th, 2004 to continue its work, but have also requested a meeting with the Board to discuss assisting the town’s budget process. Rod Pimentel noted that Cordell Johnston will be the Ex-Officio Selectman attending CIP meetings. A dialogue with the Committee will be good, but he noted that any final decisions on budget items will be at the end of the budget process.

Item #7: Selectmen’s Report

Thea Braiterman said several people had commented on the improved sight that drivers have at the town’s intersection with the changed location of the stop sign. She noted that a resident has requested a pedestrian sign at the location of Rush Square. Peter Flynn noted that he is aware of this request, but the State is responsible for this street and must approve this work. He has begun this process.

Peter Flynn noted that the water drainage at the town’s intersection has been fixed with a rerouting of the drainage pipe.

Item #8: Permits for Signature

Intent To Cut: D’Elia, Map 1 Lot 625A

Joyce, Map 1 Lot 645X

Timber Tax Levy: HHP $183.80

Pat’s Peak Ski Area $44.09

Sign Permit: Boy Scouts of Henniker

Building Permits Issued

Driveway Permits Issued

Item #9: Abatements/Other Signatures

Abatement: Mr. and Mrs. Bergendahl $47.90

Voter Forms

Notice of Lien: Richard Sweatt

Appointment: Ryan Gould, Ballot Clerk

A motion to adjourn was made at 7:05 PM.

Sincerely,

Amy Jowers

Clerk to the Selectmen


APPROVED

BOARD OF SELECTMEN

September 21, 2004

TOWN OFFICES

Present: Rod Pimentel, Thea Braiterman, Cordell Johnston, Peter Flynn, Peter Bergendahl, Ken Erikson, Cindy Marsland, Arthur Kendrick, Roger Gezelman, Bob Pennock, Ron and Stephany Lavallee, Tom Watman, Choua Prach

The Pledge of Allegiance was recited at 6:15 P.M.

Public Forum

Roger Gezelman expressed his opposition to the appointment of Cordell Johnston to fill the remaining Selectman term of Joe Damour. He did not believe he would be supportive of business in town. He also asked about the status of the Old Concord Road Sidewalk project. Rod Pimentel said it went out for bid this week; its start was delayed by the permitting process. Mr. Gezelman asked if the town’s wastewater system was supported by its fees, mentioning a press article stating the town had approved funds for repair. Mr. Pimentel clarified that these funds came from the Waste Water Department’s trust fund, funded solely by the system’s fees. Thea Braiterman noted that the appointment of Mr. Johnston was by the correct procedure and legal process. She believed he would be fair and legally correct, as he has been in the past serving the town. A lot of thought had gone into this appointment.

Ron Lavallee asked about the drainage pipe at the town’s intersection by the pharmacy. Peter Flynn informed the Board that the town is working on rerouting it. The Board noted this newly designed stop area was created by the State, and there has been improvement to the vision of traffic from that spot, although it is still not perfect.

Bob Pennock requested the Board’s approval to close the swap shop at 4:30PM in order to be able to close the Transfer Station on time at 5:00PM.

MOTION by Thea Braiterman to approve the closing of the swap shop at the Transfer Station at 4:30PM daily, effective Tuesday, October 5, 2004. Seconded by Cordell Johnston and unanimously approved 3-0.

Mr. Pennock requested the Board’s approval on making the road in the Transfer Station a public road with a name, in order to legally enforce laws, when needed. The Board agreed to take this under advisement, agreeing this could be a good idea, but only if processed legally and correctly. It may need a public hearing.

Mr. Pennock reported there is a slight contour to the land that the swap shop is to be built on, and so some work is needed to resolve that issue.

Appointments

Item #1: 6:20PM: Peter Bergendahl – Request for Refund

Peter Bergendahl requested the Board’s approval to refund $47.90 from his tax payment, as the town had received his payment late, but only because of an unexplained return of his check to his lawyers, due to a wrong address in town. He had immediately paid the bill when he discovered this problem, but did not believe he had received good service from the town tax department. The Board discussed the issue and agreed Mr. Bergendahl had acted in good faith.

MOTION by Cordell Johnston to approve an abatement of $47.90 in late interest fees for Mr. Bergendahl. Seconded by Thea Braiterman and unanimously approved 3-0.

Item #2: 6:30PM: Ken Erikson – Papermill Site Committee Chair – Seeking Decision on Gomez & Sullivan and Committee Recommendation

Ken Erikson, Chairman of the Committee, said he was here to answer any questions from the Board’s review of the Committee’s recommendation to spend $150,000-160,000 to renovate the old site for safety and aesthetic reasons. In response to questions about this recommendation, Mr. Erikson clarified that some safety liability will still remain with the site, the old stone wall will not be removed because it is cheaper to keep it, and that this is only one step in the process to ask the town to approve the action recommended by the Board of Selectmen.

Arthur Kendrick, a member of the Committee, presented an alternative plan, distributing a map showing the four outlined lots of the Papermill Site the town could sell, noting that the sale of this property could cover the costs of any work on this site and also put some of this land back onto the tax rolls to lower the burden of the taxpayer. There is a small area that could be used for a park area. His alternative also included a lot on Bacon Road that is part of the land taken for back taxes from the former owner of the Papermill.

The Board reviewed the information, asking questions about the sale of different parcels and reiterating that the town’s interest has to be the priority of any final decision. Rod Pimentel stressed the Board’s interest in finding out if the current structure could support another building on it, as this could make that site saleable rather than the town paying to renovate the site. He stated the Board’s interest in a final solution of the sale-ability of the main two pieces of Papermill property. He suggested the whitewater association may be interested in using part of the sluiceway for a way to enter and exit the river. Thea Braiterman expressed her strong interest in keeping open the alternative to having Henniker a town that attracts whitewater enthusiasts, possibly even for an annual festival.

Mr. Lavallee asked why the dam was removed. The Board clarified that the State had determined that this was a safety hazard and the town had to either remove the dam or agree to maintain it for a cost of thousands of dollars a year.

The Board agreed they were not ready to vote on this issue, and requested the Committee research other alternatives for the town in order to recommend a final plan that includes the possible sale of land to cover any work done on the Papermill site by the town. This could include subdividing property, and having a buyer lined up for purchasing one of the lots. The Board further agreed that the property on Bacon Road and Lot 359C would be addressed by the town.

At the consensus of the Board, Cordell Johnston agreed to serve as Ex-Officio Selectmen to the Papermill Restoration Committee.

Item #3: 6:35PM: Cindy Marsland – Review of Newly Updated Human Service Guidelines for Assistance to People in Need

Cindy Marsland presented a proposed revision to the Human Service Guidelines for the town. Peter Flynn explained these changes would modernize and streamline the town’s service to people in need. The Board discussed the changes and the need to update the guidelines to accurately reflect what the town is required by law to provide. Ms. Marsland agreed to retain the section concerning paying off tax arrears for landlord’s property when rental assistance is given to a tenant. She noted she would make the changes and return to the Board for final signatures. Mr. Lavallee asked about the federal cuts in these programs, and the Board noted that the law requires all towns to provide assistance to people in need; so local funding may have to increase. The Board thanked Ms. Marsland for her work on this project.

Old Business

Item #4: Old Concord Road Sidewalk Project Update – Peter Flynn

Peter Flynn reported that the bid for the Old Concord Road Sidewalk Project was advertised this week, with the plan that the project may begin this November and end in the spring with final roadwork. He noted that the funding from the State is confirmed.

Item #5: Review Draft Minutes for September 7, 2004 Public and Non-Public Session, and Non-Public of August 31, 2004

MOTION by Cordell Johnston to approve the draft minutes of the Public session of September 7, 2004, as amended. Seconded by Thea Braiterman and unanimously approved 3-0.

MOTION by Rod Pimentel to approve the draft minutes of the Non-Public session of September 7, 2004, as written. Seconded by Thea Braiterman and unanimously approved 2-0. Cordell Johnston abstained as he was not present at that time.

MOTION by Rod Pimentel to approve the draft minutes of the Non-Public session of August 31, 2004, as written. Seconded by Thea Braiterman and unanimously approved 2-0. Cordell Johnston abstained as he was not a Selectman at that time.

Item #6: Vote on Contoocook Paper Mill Committee Recommendation to Continue the Plan as Presented

This issue was tabled.

New Business

Item #7: Bond Release Policy Revision for New Subdivision Developments

Peter Flynn explained that the Planning Board and the Highway Department are recommending an early release of bond money for a current development project, as well as future projects. Because of updates to the engineering process, and the procedures of the Planning Board, it has become possible to ensure that the town is protected by a smaller amount of bond money than before. The appropriate amount to cover any possible final issues would still remain escrowed.

MOTION by Cordell Johnston to approve an early release of bond money to Hoyle, Tanner and Associates. Seconded by Thea Braiterman and unanimously approved 3-0.

Item #8: Town Administrator’s Report

Peter Flynn noted the Old Concord Road Sidewalk Project has already been discussed this evening, as has the Paper Mill Site Restoration Committee project. There will be no news on the Ramsdell Road Bridge Project for awhile.

The Space Options Committee will meet on October 14th, 2004 to discuss two final proposals and its final recommendation to the Board. The Revaluation of town properties continues with the administrative work. Lia Houk has met with town departments to discuss the transfer station master plan proposal.

Peter Flynn noted the CIP committee will meet on September 23rd, to continue its work on the department budgets for the town. The Firing Range Ordinance is being addressed with a temporary authorization form approved by the Board, but with a final recommendation to be made in the near future.

Item #9: Selectmen’s Reports

Cordell Johnston informed the Board that the Planning Board recently denied a subdivision application and the applicant responded with a legal threat. There is a 30-day window for any action to take place, but he is confident the Planning Board has solid legal ground for this decision.

Peter Flynn noted that the town has added one more resident from the Town of Warner to its snowplow and trash removal services. The billing to the Town of Warner will be prorated to cover this additional cost.

Peter Flynn noted that the Board has been invited by the Police Department to attend the 10th Annual Neighbor Police Patrol event at the Capital Centre for the Arts on October 12, 2004. He will prepare a detailed memo at a later date.

Cordell Johnston asked the Board to consider appointing an alternative Selectman representative to the Planning Board. The Board requested recommendations from the Planning Board on whether it is better to have a Selectman serve in this role, or a current alternate member of the Planning Board.

Item #10: Permits for Signature

Intent To Cut: Patenaude Properties, Map 1, Lot 95A-95A22

Building Permits Issued

Driveway Permits Issued

Item #11: Abatements/Other Signatures

Refund: Robert Hersey; Woodhill Village, Lot 1-305-E26

Contract with HTA: Professional Engineering Services Task 5

- Old Concord Road Sidewalk Project

Revised MS-1 Form

A motion to adjourn was made at 7:55 PM.

Sincerely,

Amy Jowers

Clerk to the Selectmen


BOARD OF SELECTMEN

September 7, 2004

TOWN OFFICES

Present: Rod Pimentel, Thea Braiterman, Cordell Johnston, Peter Flynn, Rob & Cheryl Morse, Lia Houk, Ken Levesque, Arthur Kendrick, Lloyd Henderson, Jon Evans, John Margeson, Bob Pennock, Tom Watman, Ken Erikson, Martha Sunderland, Jeremy Soulliere, Stephany Marchut Lavallee, Ron Lavallee, Joan O’Connor

The Pledge of Allegiance was recited at 6:15 P.M.

Rod Pimentel informed the audience that Cordell Johnston is the replacement Selectman for the remainder of the 2004 term of Joe Damour, who resigned this month.

MOTION by Rod Pimentel to appoint Cordell Johnston as the replacement Selectman for the remainder of the 2004 term of Joe Damour. Seconded by Thea Braiterman and unanimously approved 2-0.

MOTION by Thea Braiterman to appoint Rod Pimentel as Chairman of the Board of Selectmen. Seconded by Rod Pimentel and unanimously approved 2-0.

Cordell Johnston is sworn in as Selectman.

MOTION by Thea Braiterman to resign as Selectman Ex-Officio to the Planning Board. Seconded by Rod Pimentel and unanimously approved 3-0.

Cordell Johnston stated his decision to resign from the Planning Board as an elected member.

MOTION by Thea Braiterman to appoint Cordell Johnston as the Selectman Ex-Officio to the Planning Board, pending Mr. Johnston’s official resignation as an elected member of the Planning Board. Seconded by Rod Pimentel and approved 2-0, with one abstention by Mr. Johnston.

Public Forum

Bob Pennock presented a memo to the Board commending those who have donated materials to build a new swap shop at the Transfer Station. The Board requested these names be entered into the minutes: Merrimac Log Homes; Patenaude Lumber; Goss Lumber; Central Concrete; and Dave Labelle.

Mr. Pennock presented a signature form for using the Transfer Station for target practice: The

Town of Henniker Gravel Bank Target Practicing Rules: Shooting Hours will be noon to 5:00pm; all those present must have completed a state approved hunter safety course; no more than ten people present; gate must be secured; because of the probability of town equipment being on sight, there must be an employee of the Town Highway Department present who will be responsible for the actions of all people present. All parties must sign the sign up sheet before entering the pit for shooting purposes.

The Board agreed to have this written signature form be used temporarily until a town policy is developed on this issue.

Mr. Pennock requested the Board’s approval to withdraw funds from the Transfer Station Trust Fund to purchase a mid-mount zero turn mower vacuum and cart. This will gather leaves and debris, eliminating the need for one person on this job, and will cost $2,645.00.

MOTION by Rod Pimentel to authorize Mr. Pennock to withdraw up to $2,645.00 from the Transfer Station Trust Fund for the purchase of a mid-mount zero turn mower vacuum and cart. Seconded by Thea Braiterman and unanimously approved 3-0.

Thea Braiterman asked Mr. Pennock about the success of the Transfer Station sticker policy. Mr. Pennock stated that several violators have been turned away and more residents have purchased the stickers. He believes it has worked well. He has kept in touch with the police department, which plans to visit occasionally in order to help support this policy.

Jon Evans clarified that the signature form for the Transfer Station shooting use is for Monday through Sunday.

Appointments

Item #1: Ken Levesque – Waste Water Plant’s Request for Appropriation

Ken Levesque requested the Board’s approval to withdraw funds from the Waste Water Treatment Plant savings account to cover expenditures for several repair and maintenance projects. These projects include: sludge disposal, pH adjustment, repair and maintenance for aerator equipment, and heat and insulation of the storage area. Mr. Levesque explained that due to microorganisms that are preventing the necessary breakdown of bacteria in the treatment system and have affected the level of pH and oxygen in the system, the budget for the WWTP has been exceeded. It is vital to repair these problems, as the WWTP could face fines if the pH levels are not corrected. He noted that the sludge has been sent out for analysis to help address this issue in the future, should it arise again. In addition, one of two surface aerators needs repair, and the roll off for the sludge bay requires heat during the winter months to prevent ice from forming on it.

The Board reviewed the bids for heating and insulation and expressed interest in having a Henniker business be chosen, all things being equal. Mr. Levesque agreed to follow this request, as well as ensure that the cost and service are equal in the bids.

MOTION by Rod Pimentel to authorize Ken Levesque to withdraw from the Waste Water Treatment Plant savings Account up to $7,505 for the insulation of the storage area and the purchase of a resinor USAP heater or its equivalent. Seconded by Thea Braiterman and unanimously approved 3-0.

MOTION by Rod Pimentel to authorize Ken Levesque to withdraw up to $18,101 from the Waste Water Treatment Plant savings account to cover acidic problems and sludge disposal, and equipment repair, as needed. Seconded by Thea Braiterman and unanimously approved 3-0.

Mr. Levesque informed the Board that the EPA had awarded the WWTP an award in January, and at the national level competition, the Plant had placed second. The Board thanked him for his effort on this.

Item #2: Rob Morse – Concerns Re: Public Works Projects

Rob & Cheryl Morse requested a status report on the town’s efforts to resolve the drainage issue affecting their garage and lawn for over 18 months. Joe Damour and John Margeson had been working on this issue for several months but they have not heard anything since the spring.

The Board discussed the type and the length of pipe underground in this area. The Board requested the town contact Tom French to conduct an engineering study of this issue and work with Mr. Margeson to resolve this issue as soon as possible.

Item #3: Ken Erikson – Report on Engineering Recommendations for Paper Mill Site

Ken Erikson, Chairman of the Paper Mill Restoration Committee, presented the Committee’s recommendation to restore the Western Parcel of this site and remove the safety and liability issues for the town. The recommendation will retain the stonewall, and the rebarred concrete sides, allowing a trapezoidal channel to be created for any water flow during high water situations. It will also fill in the areas that could be dangerous if someone fell in or walked in and got trapped, and saves the bridge. The estimated cost to the town is $150,000 to $160,000. Of the 9 voting members of the Committee, 8 voted for this alternative and 1 voted for the alternative to keep the site as is.

Rod Pimentel reiterated his request to gather information on the sale-ability of these parcels, as he is aware of interest in their purchase. Mr. Erikson noted that the Eastern Parcel is a prime piece of property and could be sold. The Main Parcel, with the mill foundation, is more of an issue. There are narrow parts of land by the river that he is not sure would generate interest. Mr. Pimentel stated that this option should be an alternative for the town to consider.

Mr. Erikson stated that after the Board agrees on the direction of this engineering project, the Committee will need to meet with the Department of Historical Resources (DHR) to get their assistance in obtaining permits; possibly meet with town department heads to help reduce the cost of the project; prepare the final plans for the project; then, present at the Town Meeting in 2005 for final approval.

The Board requested time to read and study the recommendation of the Committee before making a decision. It was agreed to discuss further at its next meeting.

Item #4: Lia Houk – Presentation of Recycling Committee on Recommendations for Master Plan

Lia Houk requested the Board’s approval to establish a special Solid Waste Committee to prepare a Request for Proposal to hire a consultant to assist the town in establishing a 10-year plan to improve recycling and the ways the town eliminates waste products. The RFP would hopefully be ready for the 2005 Town Meeting. Her plan presented to the Board is based on the recommendations from the 2002 Town Master Plan.

The Board had a lengthy discussion regarding the current Recycling Committee’s ability to handle this project, without setting up a new committee. Ron Lavallee expressed his view that a new committee with a larger agenda beyond recycling could be more useful and productive to the town. Thea Braiterman stated her concern that this is a big project to ask current department heads to be involved and attend meetings. It would be more realistic to expect a plan by 2006. Rod Pimentel expressed his view that hiring a consultant to do most of this work, rather than a new committee, may be more cost effective and efficient.

(Further discussion on this issue was placed on hold due to a time restriction for the next issue.)

Item #5: Martha Sunderland – Presentation on Conservation Commission’s Recommendations for Intent to Cut Application Process

Martha Sunderland presented the Conservation Commission’s recommendations regarding the Intent to Cut Application Process to include language reminding residents that there are specific steps needed in order to make this request comply with state and town guidelines, including notification to the State if wetlands will be affected, and a map that shows where cuts will be made.

The Board expressed concern about those who may not want to have forcible oversight. After further discussion, the Board agreed to take this under advisement, as well as possibly attend a Conservation Commission meeting to discuss further with members. Ms. Sunderland agreed to gather more information and present it to the Board.

Item #4: Lia Houk – Presentation of Recycling Committee on Recommendations for Master Plan (continued)

The Board requested Ms. Houk meet further with Mr. Pennock and the Recycling Committee to clarify how this plan could be achieved, without establishing a new committee and without hiring a consultant. The issue will be tabled for further evaluation.

Old Business

Item #6: Review Draft Minutes for Public and Non-Public Sessions on August 31, 2004

MOTION by Rod Pimentel to approved the draft minutes of the Public Session of August 31, 2004, as amended. Seconded by Thea Braiterman and unanimously approved 2-0, with one abstention, as Cordell Johnston was not a Selectman at that time.

Mr. Flynn noted that the Non-Public portion of these minutes would be available for the next meeting.

New Business

Item #7: Resignation of Human Services Director

MOTION by Rod Pimentel to accept the resignation of Carol Hockmeyer as the Human Services Director, effective immediately. Seconded by Thea Braiterman and unanimously approved 3-0.

Item #8: Appointment Request for Interim Human Services Director

MOTION by Rod Pimentel to appoint Cindy Marsland as the Interim Human Services Director. Seconded by Cordell Johnston and unanimously approved 3-0.

Item #9: YTD – 2004 Expenditure Report

Peter Flynn noted that the state of the town budget is very good. In reviewing the tax rate and the current rate of spending for this year, the tax rate seems to be in line with what the Board estimated to the town at the 2004 Town Meeting. All spending is within projections.

Item #10: Town Administrator’s Report

Peter Flynn noted that Tom French has been able to make progress on the final plans for the Old Concord Road Sidewalk Project, as some approvals for work were received earlier than expected. The Paper Mill Site Restoration Committee’s recent work was discussed this evening. The Ramsdell Road Bridge project will be removed from this list for now, since no work is expected on it until 2005.

The Space Options Committee will be meeting in several weeks and has all the information for discussion. The Revaluation of town properties has started and he will begin adding the progress of this as items are completed. The Pay As You Throw issue was addressed this evening.

Peter Flynn noted the Economic Development Committee has received no interest but he will continue to advertise. The CIP committee will be meeting in several weeks.

Finally, the Tucker Free Library has invited the Board to attend its 100th Anniversary party on Saturday, September 25th, 2004. Thea Braiterman agreed to attend.

Item 11: Selectmen’s Reports

Rod Pimentel requested the target practice issue be placed on the agenda of a future meeting, as well as request advice from the Town Counsel on this issue.

Item #12: Non-Public Session per RSA 91-A:3, II(a) Regarding Personnel

MOTION by Thea Braiterman to enter into Non-Public Session per RSA 91-A:3, II (a) for personnel reasons. Seconded by Rod Pimentel and unanimously approved 2-0.

(Board adjourned at 8:20PM; Board came out of Public Session at 8:20PM)

MOTION by Thea Braiterman to return to Public Session per RSA 91-A:3,II(a and b).

Seconded by Rod Pimentel and unanimously approved 2-0.

(Board returned to Public Session at 8:35pm)

Item #13: Permits for Signature

Intent to Cut: Michie, Alan; Map 1, Lot 96

Raffle Permit: White Birch Community Center; December 4, 2004

Sign Permit: White Birch Community Center

Building Permits Issued

Driveway Permits Issued

Item #14: Abatements/Other Signatures

Appointments: Interim Board of Selectmen Member

Interim Human Services Director, Cindy Marsland

Athletic Committee Member, Meghan Willia