Town of Henniker

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.

Town of Henniker

Board of Selectmen

Tuesday - December 16, 2008

Approved Meeting Minutes

Members Present: Chairman Thomas Watman, Vice-Chairman Joseph Damour,

Leon Parker, Ronald Taylor

Member Absent: Cheryl Morse

Others Present: Town Administrator Peter Flynn, Recording Secretary Sheila Mitchell, Stephany Marchut Lavallee, Debbie Damour, Director of Emergency Management Tia Hooper, Alan Michie, John V. Kjellman,
Chief of Police Tim Russell, Police Sergeant Ryan Murdough, Police Sergeant Matthew French, Ron Lavallee, Bob Pennock,
Alexis Deruisseau, and Michael Pon of The Villager

Call to Order and Pledge of Allegiance:

Chairman Tom Watman called the meeting to order at 6:15 p.m. and invited everyone to recite the Pledge of Allegiance, which they did. The Chairman announced that Cheryl Morse would not attend the meeting due to illness.

Consent Agenda:

The Chairman called for a motion to approve the consent agenda. Joseph Damour MOVED to approve the consent agenda, the motion was SECONDED by Leon Parker, and it carried unanimously by a show of hands.

Public Forum:

Mr. Watman invited members of the public to make comments regarding topics other than the proposed budget.

John Kjellman was recognized by the Chairman and offered an update on the activities of the Solid Waste Disposal Committee. He said the Committee had held ten meetings to date, and some members had attended as many as six other meetings on related activities, in addition to visiting six or more transfer stations in the area. He reported that preparation of the report to the Board of Selectmen has begun.

Mr. Kjellman said he had learned it had been proposed that the Recycling Committee be disbanded because some members of that Committee also serve on the Solid Waste Disposal Committee. However, he wanted the Selectmen to know that he believes the Recycling Committee should continue to meet.

Chairman Watman said that he would agree and that it would be duly noted. What is more, Mr. Watman said, no formal request had been made to dissolve the Recycling Committee.

The Chairman recognized Tia Hooper, Director of Emergency Management for Henniker, and
Ms. Hooper reported on Henniker’s emergency response to the December 12^th ice storm that caused widespread power outages. She said the Fire Department remains on emergency operating status. She said the shelter at Henniker Community School has remained open since the storm. They have one family that has been staying overnight in the shelter, and they had 50 people visit the shelter today for food and to take showers. She promised to submit a full written report soon.

The Chairman then invited members of the public to make comments relating to the proposed budget. Mr. Kjellman was recognized, and he stated he thought the highway department was making more storm salt and sand trips on Rush Road than were necessary this winter. Ronald Taylor asked if Rush Road is a state road. Mr. Damour replied that it is a state road, but the town maintains it during the winter.

Item 1: Final Review of Budget prior to Budget Advisory Committee Submission

Mr. Watman summarized the work on the budget to date. He said the current tax rate for the Town is $6.86 per $1,000. The initial proposed budget for next year would have brought the tax rate up to $8.87 per $1,000. After the Selectmen reviewed the budget and took action, the expenditures in the budget had been reduced by $373,428, and revenues had totaled $269,535. The result was that the tax rate for 2009 had been decreased to $7.06 per $1,000, or an increase of $0.20 instead of an increase of $2.16.

The Chairman asked if members of the Board had any motions to make regarding the budget. Mr. Parker asked if the proposed video equipment for the Police Department had been cut. Peter Flynn explained that the motion to cut the item had failed. Additionally, he said, $5,000 from a grant had been added for this purpose.

Mr. Watman introduced a motion by explaining that he has nothing against the Police Department and that he values the department’s contributions and the performance of the Chief. However, he said, the budget for the department is over $1,000,000.

Mr. Watman MOVED that the Board of Selectmen vote to instruct the Town Administrator, after consulting with the Police Chief, to reduce the 2009 budget for the Police Department by $40,000. NO SECOND was offered.

The Chairman called for a motion to approve the revised budget. Joseph Damour MOVED
to submit the budget as it now stands to the Budget Advisory Committee for their review. Leon Parker SECONDED the motion.

Mr. Taylor asked if additional money could be proposed after the Budget Committee meets. Mr. Watman responded that the Board of Selectmen can vote to accept or amend the budget after review by the Budget Advisory Committee in January, after the public hearing on the budget in February, and up until the motions are made at the Annual Town Meeting.

The Chairman called for a vote and the MOTION PASSED unanimously by a show of hands.

Item 2: Review and Adopt Public and Non-Public Minutes of December 2 and 9, 2008

The minutes for the public meeting of December 2, 2008 were reviewed. Leon Parker MOVED to approve the minutes as submitted, Ron Taylor SECONDED the motion, and it passed with all in favor.

Minutes of the public portion of the December 9, 2008 meeting were reviewed. Joseph Damour MOVED to approve the minutes as submitted, Leon Parker SECONDED the motion, and it passed with all in favor.

After the public minutes for December 9, 2008 were approved, the Chairman asked if the minutes of the non-public portion had been sealed, and Peter Flynn replied that they had been. The Chairman then directed the Recording Secretary to note in the public minutes that the Board moved back into public session and voted 5 to 0 to seal the non-public minutes. This correction for the record was confirmed on December 16 by consensus of the Board members.

Review of minutes of the non-public session of December 9, 2008 was deferred until the Board could meet in non-public session on December 16.

Town Administrator Peter Flynn reported that he had found one viable candidate for the position of Building Inspector/Code Enforcement Officer. He hopes to arrange an interview with the candidate and Selectmen Ronald Taylor in the near future.

Chairman Watman asked if any of the Selectmen had questions about the Town Administrator’s report. Mr. Parker asked Mr. Flynn about the possibility of the town maintaining certain private roads, and whether the subject would be ready to be discussed in January. Previously it had been determined that the Town Administrator should request an opinion from the Town Attorney and responses from abutters to the named roads. Mr. Flynn said he is waiting for replies. Mr. Watman advised him to combine the responses.

In response to a question, Mr. Flynn said the matter of building a new culvert, including sidewalk, has been delayed.

Leon Parker started to bring up an incident that had occurred at the Emergency Management Center on December 13^th.

He read a formal motion stating, “I move that the Henniker Board of Selectmen express their disagreement with the actions of Stephanie Marchut-Lavallee in her interruption of the operations of the Emergency Management Center on the evening of December 13, 2008, and specifically request that she refrain from visiting the center during emergency operations in the future unless she is going there to specifically report an emergency incident that she is directly involved in.”

Mr. Damour suggested the concern would be better discussed in a non-public session.

Joseph Damour MOVED to table Mr. Parker’s motion until the Town Administrator had an opportunity to prepare a report for the Selectmen, the motion to table was SECONDED by Thomas Watman, and the vote was 4 to 0 in favor.

Mr. Taylor reported that the Zoning Board of Adjustment had approved Mr. Dooley’s lot line adjustment and then the Planning Board moved to approve it.

Leon Parker MOVED that the Board go into non-public session according to RSA 91-A:3
II (d), Joseph Damour SECONDED the motion, and the MOTION PASSED: Roll Call vote- Thomas Watman-yes, Joseph Damour-yes, Leon Parker-yes and Ronald Taylor-yes.

Motion by Joe Damour to seal the non-public minutes seconded by Leon Parker. Vote 4-0 in favor.

Meeting adjourned at 7:15 pm. Motion by Leon Parker, seconded by Tom Watman-vote of 4-0 in the affirmative.

Town of Henniker

Board of Selectmen

Tuesday – December 2, 2008

Approved Meeting Minutes

Members Present: Thomas Watman, Chairman

Joseph Damour, Vice-Chairman

Cheryl Morse

Leon Parker

Ron Taylor

Others Present: Peter Flynn, Town Administrator

Sheila Mitchell, Recording Secretary

Debbie Damour

Stephany Marchut Lavallee

Ron Lavallee

Jim McElroy

Chairman Tom Watman called the meeting to order at 6:15 p.m. and the pledge of allegiance
was recited.

Joseph Damour MOVED to approve the consent agenda, the motion was SECONDED by
Leon Parker and PASSED unanimously.

The Chairman invited members of the public to make comments in a forum format, but
no comments were offered.

Appointments

Item 1: James McElroy - Presentation of 2009 Capital Improvement Plan (CIP)
for possible adoption

The Chairman called on Jim McElroy to begin the first appointment. He referred the Selectmen to the spreadsheet at the end of the CIP report, and he said only one item
had been added: to establish a reserve fund for roof repair of the Community Center.

A couple other items, however, showed significant increases. One is the capital reserve fund for repair of the Western Avenue Bridge. The town would be responsible for 20% of the total cost, and the reserve could be used to cover this percentage. However, Mr. McElroy said the CIP Committee does not recommend that approach.

Another is a capital reserve fund for replacement of Fire Department equipment.
The amount projected took into account equipment needs that would go beyond the scope of the six-year study. The total for all projected capital reserve funding would include almost $3,000,000 for expenditures beyond the year 2015.

Tom Watman noted that the capital reserve for Fire Department expenditures is over $1,000,000, and he asked if details could be provided to explain that amount.

Jim McElroy said the expectation would be to replace a major piece of equipment. However, the CIP Committee did not delineate the amount because it would be expected to be needed at least three to four years beyond the scope of their study, which ends with the year 2015.

Tom Watman asked if other departments had included similar expectations in their projections for capital reserves.

Mr.McElroy answered that the Highway Department might have, for an approximate amount of $265,000.

Leon Parker said the Fire Department was hoping to build its reserve to $300,000 but had to expend funds last year for equipment, so that the reserve is now around $12,000.

Tom Watman said he was not questioning the validity of the figures, but would like to have specific details in the report to back them up.

Joe Damour said he was sure the Fire Department made a practice of projecting its equipment needs over a period of 20 to 30 years.

Mr. McElroy agreed, and said this was true also for the Rescue and Highway Departments.

Tom Watman insisted that the Selectmen ought to be provided with specific figures and calculations for the reserve amounts.

Leon Parker suggested it might be included in the Committee’s report in the form of a footnote and Mr. McElroy agreed to this.

Ron Taylor brought up what he called a “minor point,” regarding a bar graph showing Henniker Full Value Tax Rates from 2000-2007, on page 9 of the report. He noticed that the length of the bars did not coincide with the figures inside the bars.

Leon Parker had a question about the cost figures for the Highway Department and
Fire Department that were shown on page 14 of the report.

Mr. McElroy explained that those amounts were for possible capital improvements rather than amounts spent.

Mr. McElroy said the number of newly created properties is less, making for less new value.

Joseph Damour MOVED that the Board of Selectmen adopt and certify the report of the Capital Improvements Program Committee for Fiscal Years 2009 through 2015, with a note of appreciation to the Committee for its fine work in service to the community. The motion was SECONDED by Cheryl Morse and PASSED unanimously.

After the vote, Joe Damour raised a point of order about some wording on the report’s
Certificate of Adoption page, which mentioned the holding of a duly noticed public hearing.

Jim McElroy explained that such a hearing would be required for the first adoption but is not required for annual updates. The Selectmen asked Town Administrator Peter Flynn to clarify
the language on the Certificate of Adoption page before the next meeting.

Chairman Tom Watman recognized Stephany Marchut Lavallee, who said that her first name had been misspelled as a member of the CIP Steering Committee on the Acknowledgements page.
Her first name was typed “Stephanie” when it should have been typed “Stephany.”

At 6:25 p.m., the Chairman called upon Lynne Piotrowicz. She said that, in view of the current economic climate, the Tucker Free Library had decided to withdraw its warrant article requesting the raising of $5,000 to add to its capital reserve for the purpose repairing and maintaining the library building. She also said that the Library would plan to submit a similar warrant article for the 2010 budget if economic conditions improve.

Tom Watman asked what the amount of the Library’s capital reserve would have been with passage of the warrant article.

Ms. Piotrowicz replied that is would have been close to $15,000, with $5,000 for the building fund plus approximately $9,000 already in reserve.

The Chairman asked the Town Administrator to please note that the Selectmen had just received their first voluntary reduction to the budget.

Lynne Piotrowicz responded that the Library would try to maintain the building within the existing budget.

Joe Damour asked if saving in the short-term might incur more expense in the long run.

She Piotrowicz replied that needed maintenance had been anticipated, and supplies (such as window blinds) plus services (such as electrical work) had already been arranged.

Tom Watman asked the Selectmen if they had any further questions. Being none, he excused Ms. Piotrowicz with the thanks of the Selectmen to her and to the Library Trustees for their consideration on behalf of the town’s taxpayers.

It was explained that the Fire Chief was absent because he was out of the state.

Tom Watman wondered why no one from the Fire Department was present to defend
a proposed warrant article of $150,000 for the capital reserve fund. He asked that it be noted in the record that the Chairman was “dismayed” at that.

Peter Flynn volunteered to explain some part of the proposed warrant article in the Chief’s absence. He said the department does not plan to purchase any particular piece of equipment in the next few years. However, they don’t want to accumulate too much reserve because it might get reduced.

Tom Watman asked what damage is done to the Fire Department by actions taken to reduce their account? He would like the Fire Chief to respond to that question.

Peter Flynn said the Fire Department proposed a warrant article to add the amount of $150,000 to bring the reserve fund to a balance of $300,000 to $400,000, in case an opportunity should come up to buy a used ladder truck.

Tom Watman said purchase of a ladder truck should be clear and above board, and he recommended that the Fire Department state a specific purpose in its warrant article for requesting capital reserve funds.

Leon Parker agreed and said it was made clear in the discussions of the CIP Committee.

Tom Watman said it should be made clear to the Selectmen and Budget Committee before decisions are made, to give the Chief a chance to explain it.

Joe Damour asked why the warrant article was being discussed and wondered if it was being submitted by the Fire Department or the CIP Committee.

Mr. Watman reiterated that the budget process was still going on and there was still
a chance to supply more details plus justification of how it would fit into the larger picture.

Rescue Chief Tom French was recognized by the Chairman and he said that the
Rescue and Fire Departments began planning for equipment a long time ago. He said the question that should be asked is, has under-funding delayed equipment purchasing?

Chairman Watman invited the Rescue Chief to begin his presentation regarding a warrant article to raise $215,000, plus withdraw $127,000 from reserve, plus fund $88,000 through taxes for the purchase of a new ambulance for the Rescue Squad.

Chief French said the last ambulance was purchased in 2004, the reserve had been funded from 2005 to 2008 to come to $127,000. The initial estimate for a new ambulance was $200,000, but the Chief is adjusting it to account for current prices of equipment. The plan is to seek bids before the Town Meeting in March to get a firm amount. The new ambulance would replace a 1998 freightliner that has 87,000 miles and 4,500 hours of service.

Tom French said it could be sold, but he recommended other avenues than the State auction, perhaps by sealed bids, and he thought the sale price might be expected to be around $15,000.

Mr. Watman asked what the plan would be if the Rescue Squad were not able to purchase a new ambulance in 2009.

Mr. French said the squad would manage to get by, but it would need to put some money into maintenance of their current vehicles, plus perhaps an increased amount for maintenance in the following year.

4. Bob Pennock - Superintendent of Transfer Station & Recycling Center -
Truck Purchase

The Chairman recognized Bob Pennock to present the proposed warrant article to raise $46,000 for the purchase of a new, 1-ton truck that can plow and carry heavier loads. Mr. Pennock said the plan is to employ the new truck for service at both the transfer station and for the parks department.

Mr. Pennock replied that it is good. However, some maintenance has been needed, such as a replaced tailgate and welded parts.

Mr. Pennock said a heavier truck is needed because it is used for the Parks Department as well as the Transfer station. The truck has to haul sand and salt and plow the Transfer Station, as well as the Community center. Bigger loads mean quicker dispatch. Also, if two trucks were available, trucks owned by staff would not need
to be called into service.

Ron Taylor asked if the road to the Community Center is a public road, and
Peter Flynn replied that it is.

Tom Watman wanted to know if the capital expenditure for a new truck were not approved, what would be the impact.

Bob Pennock said the two departments would survive with one truck but two trucks would do a better job.

John Margeson was recognized by the Chairman, and he said that pick-ups typically last 8 to 10 years; dump trucks last about 15 years, and heavy equipment can be expected to last for around 18 years.

Ron Taylor commented that a pick-up truck that also plows does take a beating, and that kind of use typically takes a couple of years off a vehicle’s life expectancy.

Bob Pennock said the truck needs to haul both salt and sand, and be sent out on the roads at least twice a day during storm conditions.

Mr. Watman suggested that the department should budget for possible increased maintenance, if the warrant article for vehicle replacement did not pass.

5. Brian Dubreuil - Representative of Athletic Committee -
a. Capital Reserve Withdrawal - Softball Field

of the state. Brian Dubreuil was scheduled to present the budget for the Athletic Committee, but had been delayed at work. Peter Flynn offered to present the proposed warrant article and Chairman Tom Watman agreed.

The first warrant article proposed by the Athletic Committee is to raise up to $10,000 to develop a practice softball field (including installation of a backstop fence) and to authorize the withdrawal of up to $10,000 from the Athletic Fields Capital Reserve adopted at the 2008 Town Meeting.

Mr. Flynn said that the Athletics Committee first considered a competitive quality softball field. However, they decided to make it a practice field with a hard infield. The practice field would be sited a distance away from the road. Building an additional field would fulfill a requirement of U.S. Title IX, which mandates equal activity time and facilities for girls.

Chairman Watman asked if the practice field could be built using existing funds, and both Cheryl Morse and Peter Flynn replied that it could.

Ron Lavallee spoke up and said that what had just been proposed had not been brought up at the meetings of the Capital Improvements Program Committee.
He understood that the CIP Committee had advised the Athletic Committee to consider dual use for the field.

Tom Watman asked the CIP Committee Chairman, Jim McElroy, if the item was included in the CIP report.

Mr. Watman wanted to clarify that this is the first item that was not endorsed by the CIP report. He also asked if it still were possible to present it to the CIP Committee.

Peter Flynn said that, at this point, since the report has been completed and adopted, it might be presented to the Board of Selectmen and Budget Committee, but not to the CIP Committee.

Tom Watman clarified for the record that the proposed warrant article from the Athletic Committee regarding a practice softball field is being submitted directly to the Selectmen and Budget Committee.

Stephany Marchut Lavallee, a member of the CIP Committee, said that the line item for this purpose had been removed by the CIP Committee and that an amount of zero should be put forward.

Jim McElroy confirmed that, saying it had been removed because no one from the Athletic Committee had defended it to them.

Leon Parker said he doesn’t believe the amount has to be zero, and there is no reason it shouldn’t be presented to the Selectmen and Budget Committee.

Cheryl Morse said the Athletic Committee had dealt with the Capital Improvements Program Committee the year before and should know the process that’s involved. They probably believe that they can request spending of existing funds if the warrant article is not approved. However, budget protocol should be explained to them.

Mr. Watman said the Athletic Committee still may present the warrant article for a practice softball field to the Budget Committee and Board of Selectmen.

The second warrant article proposed by the Athletic Committee is to establish an expendable trust fund for the purpose of retaining funds from donations and fundraising for the use of the Athletic Committee; and to raise $100.00 toward this purpose; and, furthermore, to appoint the Selectmen as agents to expend.

Peter Flynn said an expendable trust fund would allow for accepting up to $25,000 in donations and fundraising. Previously the Athletic Committee had no account in place to carry over from year to year and no means of spending funds. Establishing an expendable trust will provide oversight by trustees.

Cheryl Morse said the Booster Club raises money for Henniker youth programs, which are not always athletics.

At 7:10 p.m., the Chair recognized John Margeson to present the warrant article to raise $50,000 to be added to the already established Highway Equipment Capital Reserve Fund.

John Margeson said the purpose of the warrant article is that the Highway Department plans to replace a 1978 loader in 2010, using capital reserve funds.

John Margeson said the Highway Department just started its capital reserve fund up again last year and more funds need to be accumulated for such a purchase. He promised to have updated information about the purchase price in time for the budget meetings in January. Right now, he is in the process of seeking advice from Hillsborough’s highway department, which just recently went through a similar process.

Mr. Margeson said a lease for the grader would be 3 years, and 5 years for the loader.

There was a brief discussion of advantages of leases versus bonds that included comparing interest rates.

Mr. Watman restated the proposed warrant article, and called for any questions.
Since there were none, he concluded the appointment, with thanks.

7. Peter Flynn - Town Administrator - Capital Reserves:
Revaluation, Western Avenue Bridge, Land Purchase, Police Building,
Fire/Rescue Building, and other non-appropriation from taxes funds articles

Repair of the Western Avenue Bridge was discussed first. The warrant article proposes to raise $150,000 to add to the already established Bridge Capital Reserve Fund. The capital reserve fund is not at the level it needs to be because last year
it was not anticipated that this bridge would need repairs to the extent that it had
to be closed down.

The Towns expect to pay for its share of bridge repair costs, including engineering and construction, from the capital reserve fund. The Town is responsible for 20%, and the State is responsible for 80 5 of the cost
of bridge repair. The estimated initial cost for engineering services is estimated
to be $30,000 to $50,000.

Mr. Flynn reported that Nancy Mayville of DOT said that once the town begins the process by engaging engineers, it could submit a request for the State share
of 80% without delay.

Mr. Taylor asked if it would be necessary to make the Selectmen agents to expend.

Peter Flynn said it would be, and that an amended warrant article would be needed to authorize the Selectmen to act as agents to expend.

Joe Damour suggested using authorization to withdraw, according to RSA 34.
He suggested proposing a certificate amount, plus reserve amount, up front. Status could be changed back from agents to not agents. This would eliminate the need for a capital reserve for the purpose. The Selectmen could withdraw the money needed and keep the account available. Perhaps withdraw $30,000 and raise an additional $70,000. He asked Mr. Flynn to obtain a more definitive cost estimate.

Tom Watman asked the Selectmen if they wanted Peter Flynn to re-write the warrant article.

Cheryl Morse asked if the Town had to have to have all 20% in funds raised before the process begins, and Mr. Damour replied that the process works in reverse.

Chairman Watman said that preliminary engineering is needed to obtain an overall construction cost estimate. He asked Peter Flynn to correct the wording of the warrant article. He also said the exact amount did not need to be decided at this meeting.

The next warrant article discussed was to raise $50,000 to be placed in the already established Capital Reserve Fund to fund a future revaluation.

Tom Watman asked about obtaining a list of what is currently in reserve accounts.

Jim McElroy said the list is included in the last portion of the CIP Committee’s report, on a spreadsheet.

Joe Damour said $150,000 will be needed overall, adding $50,000 to existing funds in each of two consecutive years.

Ron Taylor said it should be amended to make the Selectmen agents to expend,
and Mr. Flynn made a note of this.

The next proposed warrant article presented by Mr. Flynn was to raise $2,000 to add to the already established Police Building Capital Reserve Fund, which is an expendable trust fund. He said there is a balance in the fund of approximately $9,000.

Mr. Watman asked Mr. Flynn to please have the Town Attorney review all the proposed warrant articles to make sure regulations are properly cited, and that language is consistent from year to year.

At the Chairman’s prompting, Mr. Flynn then presented the proposed warrant article to raise $5,000 to add to the already established Fire and Rescue Maintenance Fund, an expendable trust fund, and explained that it was similar to the warrant article for the Police Building.

Tom Watman said he would like to see the warrant articles grouped by category, perhaps allowing for one explanation per grouping at the Town Meeting. Cheryl Morse and Ron Taylor agreed.

The next proposed warrant article was to authorize the Conservation Commission to expend funds for contributions to ‘qualified organizations’
for the purchase of property interests or facilitating transactions related thereto, where the property interest is to be held by the qualified organization and the Town will retain no interest in the property.

Tom Watman explained this is a clarification due to a change in State statute [RSA 36-A:4-a, I(b)].

Peter Flynn explained he had been asked by the Water Resources Subcommittee of the Conservation Commission to withdraw a second proposed warrant article to place conservation easements on three town-owned parcels. Leon Parker remarked that could have been a politically sensitive issue.

Peter Flynn presented a warrant article proposed to establish an expendable trust fund for the Henniker Spirit Committee, with initial funds to be raised in the amount of $100.000. He explained that this would be similar to the Athletic Committee expendable trust fund. Cheryl Morse ask that it be grouped together
on the warrant with the similar article for the Athletic Committee.

Item 3: Review of total budget as presented and possible 2009 tax rate projection

The Chairman invited the Selectmen to have an open discussion regarding goals for the overall budget and for tax projections. The proposed budget would be $150,000 more than the budget for last year, and it would raise the tax rate from $6.71 per $1,000 to $8.87 per $1,000, an increase of $2.15 per $1,000.

Mr. Watman asked Peter Flynn if the budget included projections for revenue as well as expenses, and Mr. Flynn replied that it did.

Mr. Watman agreed, and he said that, while property values being increased, Town revenues (such as selling recycling materials from the Transfer Station) are decreasing. What the State intends to do about its decreasing revenues is not yet clear, he said, and the Town might not learn about it until after the Town Meeting. He also said there was less in reserve this year to tap for emergencies.

He asked for member comments on what the overall goal for Henniker’s budget should be.

Mr. Parker suggested that the Selectmen might go through the budget line by line and then assess a total goal, rather than setting the goal first.

Mr. Watman said that might be considered. However, anticipating that the general fund balances are trending downward, and that the State is likely to attempt to reduce its share of the burden, a conservative budget should be submitted.

Joe Damour said, if spending increased by $150,000, as is now proposed, then revenue can be expected to decrease by $800,000, and some services would have to be cut. He said he would like to keep the tax rate as close to level as possible.

Mr. Taylor said an increase of a dollar in the tax rate would generate $400,000 in revenue;
and, conversely, if the rate were reduced by a dollar, then the budget would have to be reduced by $400,000.

Leon Parker said the proposed budget is a fairly basic one, in the range of $6,000,000, and the proposed warrant articles for capital improvement are low in comparison to other years.

Tom Watman asked, is today’s world the same as six months ago? He said he thinks the economy is as bleak as he can remember. If that’s true, the Town cannot look at the budget
the same way as it did a year ago.

Cheryl Morse said the Town portion of the total tax bill runs between 30% and 40%, and that would be a huge increase in percentage to families.

Joe Damour said the Town of Henniker has a low deficit and it could borrow money if it had to.

Mr. Taylor reminded the Board that it had accepted the CIP report earlier in the meeting and asked what should be done about that.

Mr. Watman clarified that acceptance of the report is not the same as agreement or commitment to the improvement programs. He said the CIP Committee’s report is a good piece of work

He suggested the Selectmen meet next Tuesday for a special session to work on the budget only, and to consider anything and everything that might be done to reduce it, so that if cuts in the budget are recommended by the Selectmen, the Town Administrator will have time before the Budget Committee meetings to meet with departments and see what steps might be taken.

Chairman Watman also said that department heads would be welcome to attend the special meeting, as would members of the public, but that there probably would not be time enough
to focus on any one particular department and still consider the entire budget for the Town.

The Chairman recognized Jim McElroy. Mr. McElroy said if the goal of the budget is to reach
a level tax rate, then the Selectmen must talk about reducing capital improvements over a period of at least five years, and so they should ask what the Town can afford to do without for the next five years. In addition, he said the Selectmen should question if the Town can afford to take on capital improvements at a later time, when costs can be expected to have inflated to as much as double.

Mr. Watman said he thinks Henniker is in better shape than some other towns in the area at the moment. The Town might consider putting off capital improvements, and borrowing money for what must be done right away. He would like to do as much as can be done to retain staff members.

Jim McElroy restated that the Town should make conscious decisions about capital improvements, factoring in estimates of future costs.

Joe Damour and Tom Watman responded that it wasn’t known at this point what would be decided about capital improvements.

Mr. Watman recommended proposing all remaining warrant articles, providing complete information for the citizens, yet offering leadership at the Town Meeting.

Mr. Parker said perhaps the Selectmen could present options for reducing the budget at the Town Meeting in March.

Cheryl Morse said, when people vote at the Town Meeting, they do not see the overall picture. The Selectmen are responsible to present a budget that takes it all into account and reflects the current economic conditions.

Tom Watman mentioned that some requests for improvements might be able to be postponed, and part of the Selectmen’s job is to determine how to fund what they decide is needed right away.

Stephany Marchut Lavallee said she had seen a notice in front of the Town Hall that the Welfare Office is closed. She knows a lot of people who are hurting financially.

She asked the Selectmen to look at overtime in the budget and to ask employees what they could do to become more efficient, perhaps share job loads. She also would not want to see personnel cuts. She asked if departments had been asked to reduce their budgets by a certain percent, perhaps 10 percent.

Ms. Morse repeated that the current operating budget increases the tax rate by 30% at least.

The Chairman asked if the Selectmen would be available to attend a meeting on Tuesday, December 9, at 6 pm to discuss only the budget. The public would be welcome to attend but there would be no public forum. The Selectmen agreed to schedule the meeting at that date
and time.

Item 4: Review and adopt public and non-public minutes of November 15 and 18, 2008

The Board members reviewed and suggested minor corrections to the November 15^th minutes, which were noted by Town Administrator Peter Flynn.

Joseph Damour MOVED to approve the minutes of the special meeting on Saturday, November 15, 2008, as amended. The motion was SECONDED by Thomas Watman and PASSED with
all in favor.

The public and non-public minutes of Tuesday, November 18^th, were reviewed, and corrections were noted by Peter Flynn.

Joseph Damour MOVED to approve the public and non-public minutes of November 18, 2008, as amended, the motion was SECONDED by Thomas Watman and PASSED with all in favor.

Peter Flynn reported on administrative procedures regarding overtime policy and a new form that is being used. Leon Parker asked if it was legal not to pay for overtime without prior permission. Tom Watman said you have to pay for overtime but employee conduct can be reviewed and discipline can be instituted. Joe Damour said overtime cannot be worked without authority, except in an emergency.

Mr. Flynn then called the Selectmen’s attention to an initial report from the Transfer Station regarding Transfer Station Permits from 11/15/08 through 11/23/08. Joe Damour asked if there might be a total number of the people who went through the gate. That was not reported.
Mr. Flynn said that items that should be paid for are now being caught, such as electronic waste
and construction debris. Mr. Watman thought the reporting period should cover more time, perhaps two to three months, before any conclusions are drawn.

Item 6: Selectmen’s Report

Mrs. Morse asked Mr. Flynn to please thank the highway department for repairing a culvert.

Ron Taylor said a joint meeting of the Zoning Board of Adjustment and Planning Board had been scheduled to consider changes to zoning ordinances, which are mostly matters of language. Also to be considered is a lot line adjustment on two non-conforming lots.

Mr. Parker mentioned a proposed change to the sign ordinance that would be substantive.

Also he reported that a proposal to revise ordinances regarding wind-mills, as suggested by the Central New Hampshire Regional Planning Commission, is to be considered.

Mr. Taylor said there is no prohibition against placing a windmill as long as you have a place
to put it.

Mr. Watman reported that proposed changes to School Board and Police Department protocol are in progress. He will review the document and report to the Selectmen.

At 8:25 p.m., the Chairman called for a motion to move to a non-public session. Joseph Damour MOVED that the Selectmen hold a non-public session per RSA 91-A:3,II(d). The motion was SECONDED by Leon Parker.

Mr.Parker-yes, Mr. Damour- yes, Mr. Watman-yes, Ms. Morse- yes, and Mr. Taylor-yes

Motion by Joe Damour to seal the minutes, seconded by Tom Watman. All voted in favor, 5-0

Motion to adjourn: Mrs. Morse, Seconded by Leon Parker. All voted in the affirmative. 5-0.

Members Present: Tom Watman, Chairman; Joseph Damour, Vice-Chairman; Leon Parker; Cheryl Morse; and Ron Taylor

Others Present: Peter Flynn, Town Administrator, Mark Sawyer; Benjamin Sawyer; Rick Daniels; Marc McMurphy; Martha Taylor; Debbie Damour; and Stephany Marchut Lavallee.

Vice-Chairman Damour began the meeting promptly at 6:15 p.m. in Chairman Watman’s absence. The Pledge of Allegiance was recited.

Mr. Parker MOVED to approve the Consent Agenda. Mrs. Morse SECONDED the motion. It PASSED unanimously.

Martha Taylor stated she would like to thank the Board of Selectmen for permission to hang the refurbished stage curtains; one at the Community Center and one at Academy Hall. Martha then disseminated thank you cards to the Board depicting the curtains.

Ben Sawyer provided documents to the Board relative to his donation of a portable snack shack. The documents contained background information, building information as well as color photos of the finished structure.

Mrs. Morse referenced the fact that the land is leased from the Connors and wondered whether anyone had sought permission from him or her.

Vice-Chairman Damour indicated it might depend on which parcel of land the concession stand is envisioned to sit upon. The Army Corps of Engineers owns one of the parcels, the Connors own the other.

Marc McMurphy said he envisions the snack shack placed on the Federal land, as that is where the parking lot is; otherwise it may become a casualty of a stray soccer ball.

Mr. Taylor asked whether the portable structure is on the Connor lot or the Federal flood plain lot, they would have to seek permission.

Vice-Chairman Damour stated that his remembrance is that portable units are allowed, but have to be removed by certain dates.

Mr. Flynn indicated that there is a clause contained within the lease that requires the Town to seek permission from the Connors.

Vice-Chairman Damour agreed it was a good suggestion to seek permission from the Connors.

Rick Daniel said that during his tenure as a past member of the Athletic Board, he recalls permission was given in along the Federal flood plain. Since the structure is portable, that shouldn’t be an issue.

Mr. Parker said the Board could approve it subject to the permission of the Connors and/or the Army Corps of Engineers.

Vice-Chairman Damour called for further questions from the Board. Hearing none, he called for a motion. Mr. Parker MOVED to accept the donation subject to approval of the Connors and/or the Army Corps of Engineers. Vice-Chairman Damour SECONDED the motion. It was APPROVED unanimously.

Item 4: Review and adopt minutes of November 1 and non-public of October 21, 2008

After discussion regarding an addition, Mr. Parker MOVED to accept the November 1, 2008 minutes as amended. Mr. Taylor SECONDED the motion. It PASSED unanimously.

Vice-Chairman Damour called for a motion to approve the minutes of the non-public session. Mr. Taylor MOVED to accept the October 21, 2008 non-public session subject to the minutes being sealed. Mr. Parker SECONDED the motion. It PASSED unanimously.

Item 2: Public Hearing – (Second Reading). Revision to the ‘Acceptance of Donations’ Policy

Mr. Flynn indicated the revision now includes reference to RSA 33:7-e as requested by Vice-Chairman Damour.

Mr. Parker is requesting a grammatical change to paragraph 3, line four to read as follows: “For gifts with a value of less than $5,000.00, a public hearing on the proposed acceptance shall be at the discretion of the Selectmen. It is still required to have approval of acceptance by the Board of Selectmen with the vote recorded in the minutes of meeting when approved.”

Vice-Chairman Damour called for comments or questions from the public. Hearing none, he called for a motion.

Mr. Parker MOVED to waive a third reading and approve the policy as corrected. Mrs. Morse SECONDED the motion. It PASSED unanimously.

Item 3: Third Reading – Salary and Benefit – adoption of committee recommendations

Vice-Chairman Damour MOVED to approve the personnel policy and procedures manual as presented. Mr. Parker SECONDED the motion. It PASSED unanimously.

Item 5: Review Presentation of 2009 warrant articles (partial compilation) and operating budget analysis to date

Mr. Flynn reviewed the warrant articles that had been proposed for submission at town meeting. He also reviewed the budget submissions thus far.

Hearing no questions from Board members, Vice-Chairman Damour moved the meeting to Item 6.

Mr. Flynn reviewed a request he had received from Arthur Kendrick relative to signage at the corner of his property located at the intersection of Rush Road and Tanglewood Drive. There have been numerous accidents there involving vehicles traveling at high rates of speed. The Board discussed whether signage would be within the purview of the Town or the State.

Vice-Chairman Damour MOVED to instruct the Town Administrator to contact the State regarding signage around the curve. If the State advises that it’s within the Town’s purview to erect signage, the issue may be directed to discussion among the Safety Committee. Mrs. Morse SECONDED the motion. It PASSED unanimously.

Discussion arose regarding the stop sign and turning prohibitions at Post Office Place; various complaints that members of the Board have received from the public regarding the signage; and whether the signage was a requirement when the Post Office was constructed and a part of the approved plan.

The Board then discussed the traffic counters that have been placed in various locations around the Town.

Mr. Taylor asked Mr. Flynn if there was any progress in hiring a building inspector. Mr. Flynn said he had six or seven applications, but only one that stood out at this time. Mr. Flynn would like someone, perhaps Mr. Taylor, to be a part of the interview process.

Mrs. Morse reported on the Recycling Committee discussion to possibly absolve the committee temporarily. The energies of a significant number of member’s are spent on the Solid Waste Disposal Committee and it’s become very difficult to get a quorum for the Recycling Committee meetings. The Committee will discuss this at their January meeting.

Mrs. Morse MOVED that the stipend of the Chairman of the Selectmen increase to $1,900 thereby reducing each Board member’s share by $100. The sum total of $400 of the Board’s share would then be applied toward that of the Chairman. Mr. Taylor SECONDED the motion.

Mrs. Morse stated that several surrounding communities give a slightly larger salary to their Chairman of the Board in recognition of many extra hours given by that person and she felt they should be also. She also stated that, given that this is a very tight budget year and we are trying to hold down spending, she didn’t feel it should be done by adding to the tax burden. Mrs. Morse recommended adjusting the stipend of the four other Board members down by $100.00 each and use that collective amount of $400.00 as an increase to the Chairman’s salary.

Vice-Chairman Damour spoke to the motion. He indicated that he was not sure that a Selectmen’s share could be transferred to the Chairman. The Vice-Chairman’s objection is not necessarily that it should not be done, but he disagrees with the manner in which it is being proposed.

Vice-Chairman Damour MOVED to amend the motion to state that the Chairman of the Selectmen be paid $1,900 per year effective 2009. Mr. Parked SECONDED the amendment.

A discussion followed by the Board members relative to the pending motion and the proposed amendment.

Vice-Chairman Damour called for a vote on the amendment. The amendment FAILED unanimously.

Vice-Chairman Damour called for a vote on Mrs. Morse’s original motion. The motion FAILED [1-4].

Mr. Parker addressed the CIP Committee meeting information relative to the fire department equipment and the Western Avenue Bridge.

Chairman Watman MOVED the meeting into non-public session per RSA 91-A: 3,II (d). Vice-Chairman Damour SECONDED the motion. Mr. Parker, Vice-Chairman Damour, Chairman Watman, Mrs. Morse and Mr. Taylor all voted affirmatively to adjourn to non-public session.

Motion by Joe Damour to seal the non-public minutes until issue of non-public has passed. Seconded by Leon Parker. All voted in the affirmative.

Motion to adjourn: Cheryl Morse, seconded by Ron Taylor. All voted in the affirmative.

Approved

Members Present: Tom Watman, Chairman; Joseph Damour, Vice-Chairman; Leon Parker; Cheryl Morse; and Ron Taylor.

Others Present: Brian Dubreul; Jon Evans; Jim Doremus; Kim Johnson; John Kjellman; Chief Timothy Russell; Detective Ryan Murdough; John Margeson; Lynn Piotrowicz; Jean Colby; Bob Pennock; and Martha Sunderland.

Chairman Watman called the Special Selectmen’s Meeting to order promptly at 8:30 a.m. The Pledge of Allegiance was recited.

Chairman Watman reviewed the parameters of the Special Selectmen’s Meeting and its purpose. There would be no citizen participation at today’s meeting; it is held solely for the Board to receive requests from various departments and committees and an opportunity for Board members to ask questions.

Chairman Watman also asked that as people come forward to speak about their budgets, to highlight significant changes, additions or cuts due to time constraints.

Brian Dubreul indicated the Athletics Committee budget is essentially the same as last year with the exception of a shift of funds relative to the cost of minutes from the general fund to the athletic committee; a figure of approximately $1,300.

11% was cut from baseball; 21% from softball; 21% from soccer. Basketball has increased significantly due to the need for new uniforms and new equipment.

Chairman Watman asked whether there was a rotation schedule in place for uniforms; Brian said yes. Last year replacement uniforms were issued for baseball and soccer.

Chairman Watman asked if the cost for umpires and referees had risen. Brian said yes. The increase in umpires and referees was absorbed by cuts in equipment and uniforms. In addition, insurance costs had risen.

Mrs. Morse gave kudos to the new directorship and the task they took on, as the committee was badly under-funded in the past.

Brian said that built into that figure is the cost of $6,000 for the lease of the land and taxes.

Mr. Flynn described the different entities included within the umbrella of Community Services: CAP [Community Action Program], Visiting Nurses, White Birch, Red Cross, CASA [Court Appointed Special Advocate] and the Fuller Library Program.

Mr. Flynn indicated that CAP and Visiting Nurses have maintained a level fund for approximately three years. There is a demonstrated need for these services within the community and a valid need to be a part of the budget process.

CASA is a new request this year. Mr. Flynn is troubled by their inclusion, as they have not personally approached the Town to seek funding. Instead, only correspondence was received requesting funds.

The Fuller Library Program is requesting a rounded figure of $300. Mr. Flynn disseminated documentation relative to the Fuller Library Program to the Board.

Chairman Watman indicated he was not surprised at the increasing requests due to the economy.

Mr. Flynn said the community participation last year for Fuller Library was approximately three to four.

Chairman Watman then heard from Jon Evans and Jim Dormeus on behalf of White Birch.

Jon Evans indicated that White Birch is requesting an additional $10,000 above what was requested and received in the past two years in order to continue the programs provided with assistance from the Town. It is the increase in demand for White Birch’s services those results in the request. Some of those programs are the senior program, swim lessons for children, Outlook mailing and dial-a-ride. Jon directed the Board’s attention to the documentation that he submitted outlining the fees associated with those programs.

Chairman Watman asked whether the increase was due to an increase in costs or an increase in services or both.

Jim Doremus indicated that it is an increase in costs related to increased participation levels. Jim also indicated there were corrections to be made under the growth categories due to mathematical errors.

Jon went on to add that he believes they will see an increase in participants. More people are discovering the value White Birch adds to the community and are availing themselves of their services.

Chairman Watman wondered whether some of the projected costs, i.e., fuel, would be decreasing, as has been the recent trend.

Jon Evans said it might be true of fuel, but not true of their other expenses. In terms of running White Birch, fuel is a minimal cost. In terms of salaries, benefits and insurance costs, those would not be declining.

Mrs. Morse asked Jon about a line item concerning The United Way [TUW]. She wondered whether any contribution was ever received from TUW.

Jon said they had not received any for the senior program. Jim Doremus stated that all proceeds they did receive from TUW were earmarked for childcare. TUW may be using a different format to calculate donations and when that is done, funds may be forthcoming.

Jon Evans pointed out that TUW has also seen reductions in their donations and as a non-profit organization are concerned about that trend. Jon indicated that the donations increased from TUW last year, which shows the strength of White Birch as an organization.

Jon gave an example of a senior program and the relationship of what White Birch is paying to sponsor the event and what the seniors are paying is not rising equally. White Birch’s share is rising higher as the number of participants increase. In closing, Jon said that White Birch is a social service organization. In terms of the senior program, they were not a fee for service program like the childcare program is.

Mrs. Morse asked about any assistance White Birch provides to the seniors with respect to Medicare Part D enrollment support.

Jim said that an accountant is brought in to go through paperwork with anyone who wants assistance in that regard.

Kim Johnson said that the increase reflected in the Town Clerk/Tax Collector’s was due to wages or retirement.

Kim stated that according to Russ, revenue from automobile registrations was down. People are retaining their cars and repairing them rather than buying brand new.

Kim stated that she might have a better idea of a revenue figure after the December tax bills are paid.

Chairman Watman requested Kim, with the assistance of Russ Roy, provide to the Board any revenue figures she may have before the close of the budget.

Mr. Damour stated that land use change has also gone down, which is under the umbrella of Tax Collector.

As an aside, Mr. Flynn indicated that as departments present their payroll information, there is not a big increase in health insurance. It’s a penny less than it was last year.

Chairman Watman requested combined figures for personnel costs reference salary, health insurance and retirement for comparison from last year’s budget.

Chief Russell indicated that the Police Department budget had risen approximately $52,000. Approximately $36,000 of that increase is as a result of personnel expenses. Chief Russell pointed out that the cost of the prosecuting attorney from the Merrimack County Attorney’s Office had risen from $6,000 to $9,000. Although the cost had risen, this figure is more than reasonable given the services the attorneys provide. The attorneys also handle juvenile matters, which require additional work and court appearances.

Chief Russell recommended the acquisition of a new SUV, namely a Ford Expedition. The 2009 the Explorer presently in use will be seven years old and currently has 88,000 miles on it. Chief Russell’s recommendation of the step-up in vehicles to the Expedition is due to the increased passenger capacity, the versatility and more room to accommodate some of the larger police personnel.

Chief Russell also outlined the fuel budget and what efforts the department took to keep spending down in that area. In addition, he reviewed the increase in fees paid to the dispatch center for Merrimack County.

Chief Russell stated that he is requesting video cameras to be installed in the cruisers with 50% matching funds to be acquired through grants. This tool is invaluable when officers are dealing with domestic related issues and excited utterances. The cameras could also be used to address officer complaints.

Mrs. Morse asked about the Explorer and whether it was in the rotation of routine patrol.

Chief Russell reviewed the acquisition of the Tasers and their use within the Department. Chief Russell said it is his hope to not deploy the Stinger in any situations, but if the need arises, it would prevent officer injury and injury to the person being apprehended. He added that the Tasers were essentially an inferior product compared to the Stingers. The Department has now been able to equally swap the Tasers for the Stingers.

Chief Russell and Mr. Damour discussed the rotation of the cruisers; and the options for lease of a new vehicle versus outright purchase. There was also discussion relative to the sale of cruisers at State auction versus E-Bay.

Chairman Watman addressed special officers’ wages. His question related to the comparison of estimates versus actual usage.

Chief Russell indicated he did not do that break down, but that may be a useful comparison to have in the future and going forward.

Discussion ensured relative to overtime, sick time and vacation time of the full time officers and part time officers. Chief Russell indicated that the part-time officers are a huge investment for the Department. Their training is extensive and involves time and work at the Academy as well as a 430-hour field-training program within the Department. This requirement falls in step with the accreditation that the Department is working towards.

Chief Russell then discussed the relationship the Department enjoys with the gravel pit owned by Pike. Pike has required the Department to discontinue use of lead bullets for shooting exercises. New breakable bullets are now used which resulted in a small monetary increase.

In closing, Mr. Damour commented how Chief Russell has done an excellent job of running the Department, paying close attention to detail and working within the constraints of a strict budget.

Walter Crane reported that his budget was level funded for 2009. Walter had no specific areas of concern to address.

Mr. Parker inquired from an operational point of view, what instances would Walter is contacted and conversely, what instances would Fish & Game be contacted.

Walter said that if safety of the community is involved, the Animal Control Officer is contacted. If the issue is just a nuisance animal, Fish & Game is contacted.

Hearing no further questions, Chairman Watman thanked Walter for the good job he does.

Mr. Flynn reports that the Patriotic Budget this year is level funded. The expenses account for refreshments for those who march in the Memorial Day Parade, replacement of flags and payment to Bektash Temple Shriners to march in the parade.

Hearing no questions, Chairman Watman moved the meeting to the highway department budget.

John stated that his budget included $1,200 to purchase a scanner to assist in the diagnosis of computer problems on the fleet. Presently this data is sent to Freightliner in Lodonderry for diagnosis. John said fuel prices are unknown and is difficult to predict.

John went on to discuss repair of a computer, which was struck by lightening. It is a radio with a frequency that ties in Emergency Management, Police, Fire, Rescue and Highway. There is a possibility that insurance will cover the cost of replacement minus the deductible of approximately $1,000. John secured two quotes ranging from $12,777.70 to $9,984.60. The repair will be an expensive proposition.

John said that to plow the small roads/driveways, they have contracted that work out. The large town equipment can be better utilized in other places during large storms. This is the first year that John has included the contract plowing as a budget line item. The contractor is using his own equipment to do this plowing.

John stated that he has two vendors, one serving the municipalities and one for the State. He would like to keep them both because if one vendor runs out of salt, he can approach the other vendor.

Mr. Damour asked about the new salt shed; if that was sufficient to get the Department through a storm.

John said it does help to have the new shed. In the case of back-to-back storms, the change of running out of salt is lessened.

John stated that it was to meet compliance with NFPS Code. The Safety Committee had flagged the combination fire/burglary alarm as being inadequate during their recent walk-through. Presently the Department has only audible alarms. These are to be replaced with strobes.

Chairman Watman asked whether the new scanner tool would require training for the staff.

John then moved on to the streetlights and highway budget, which he stated remain the same. The sidewalk repairs have decreased as no curbing is needed.

John said that the major guardrail project was completed which was the stretch on Old Concord Road and a small area on Flanders Road. Nothing is scheduled for replacement this coming year, only repairs.

Mrs. Morse and John discussed curbing issues along Western Avenue, The Oaks Road and down to Fairview.

Lynn began with a review of the operation budget, which has increased by $12,000. She indicated that a line item was added this year titled “building improvements”. Lynn then outlined projects that would be need to be accomplished in the future so all are aware they need to be done. Painting of the exterior; $11,000. Carpeting on the main floor; an unspecified amount. Additional electrical outlets; unspecified amount. Lynn indicated that the total amount for these upgrades would be approximately $25,000 to $30,000.

Lynn indicated that the revenue for the trust funds is approximately $5,000 less than last year. She indicated there was a $50,000 loss in one area. The town trust funds January through September had only earned $9,000; compared to last year’s earnings at $16,000.

Lynn said in pricing window treatments, she was utilizing many sources, JC Penney being one of them. She said that she is looking to replace the aging blinds with energy efficient cellular blinds to allow light in but keep out heat in the summer and cold in the winter.

Lynn indicated that the Library signed up for the 459 plan and with the added insulation, the heating/cooling is more energy efficient. Programmable thermostats were added also.

Chairman Watman asked whether the building improvements line item was now a part of the library’s regular budget. Lynn said it would be, yes.

Mr. Damour said he thought there was an expendable trust for repair items for the library in the past. He asked whether there were still funds in that trust; Mr. Flynn said yes.

Mr. Damour suggested it might be a better option to request the total amount for these repairs through that avenue. Most of the repair/replacement items appear to be energy saving measures, which would be a savings ultimately.

Mr. Damour and Lynn discussed proposing these repairs as a warrant article. Chairman Watman agreed with that proposition.

Mrs. Morse and Lynn discussed energy efficient changes the library has undergone.

Mr. Damour emphasized that in the past, the town has spent significant funds on the building for repairs and renovations. There is a great interest in preservation of the building.

Chairman Watman said that a large percentage of the increase is the exterior painting, which is not a recurring operating expense.

Mr. Damour indicated that the operating budget is very dependent on trust funds and the fluctuating interest rate, which makes that figure difficult to predict.

Lynn indicated that when the funds were converted with Cogswell into a unit trust, it spans three years and projects an average. Due to that, there will be a decrease in that line for a couple of years until it’s built back up.

Lynn reviewed energy usage at the library for the past three years that indicated a sharp steady decline in kilowatt usage.

Chairman Watman moved Bob Pennock’s presentation to allow Conservation to proceed.

Martha indicated that there was an increase in two areas: One, training; two, minute taker. Minute taker is now a line item to be paid from the Conservation budget. In previous years it was paid out of the Town’s general funds. Martha said that the minute taker has become necessary so all members could concentrate on the matters being heard. Decisions are being made that are more legal in nature and are more binding on the town.

Chairman Watman asked Mr. Flynn if the sum of approximately $4,000 was being added to two committees for minute taker, is that same amount being reduced in another part of the budget; Mr. Flynn said he believes so.

Martha indicated that there are two subcommittees working with the Conservation Committee. They held a very successful shore land protection workshop recently. Twenty-five people were in attendance. Martha commented that the budget figures were the same, but that the training expenses keep rising.

Bob said that the salary for the Sticker Attendant had not been included in his line item budget for 2009. The addition of this position increased his part-time budget by approximately $5,000.

Chairman Watman asked Mr. Flynn for the projected figure. Mr. Flynn indicated it was $17,465.

Mr. Damour indicated that $5,000 would need to be added to the $11,000 line item that Bob had indicated in his budget.

Bob talked about the part time budget, which includes the swap shop attendant and extra personnel brought on when a full time attendant is out sick or on vacation.

Chairman Watman requested of the Town Administrator that he include the total figure that has been requested.

Bob said that the tipping fees might be increasing so he is requesting an additional $25,000 to cover that line item.

Mrs. Morse and Bob discussed fluctuations of tipping fees, the contract associated with them and voting of the coop.

Chairman Watman asked if the only significant increase was in the tipping fees; Bob said he believed so.

Bob spoke of the fluctuating prices of metal, paper and cardboard. Chairman Watman asked if it would make sense to store the material waiting for the price to go up. Bob said there is no room to store it.

Bob also said that he might have to add a couple thousand dollars to cover shipping. An estimate is $500 to $600 each trailer trip multiplied by 12 to 13 trips.

The Board and Bob discussed different areas where that fee may be included; demolition disposal was suggested as one avenue.

Mr. Damour indicated that the demolition disposal was created to track what the actual costs are and changes, if any, that are made over the years.

Mrs. Morse suggested that Bob should anticipate a topic of discussion at town meeting being centered around the merits of a swap shop attendant, i.e., to ensure that what needs to be recycled is actually recycled and to be sure certain items are not placed in the swap shop. Bob said he is prepared to address that.

Bob stated the Freon disposal went up approximately $2,500. With the disposal of computers, microwaves and TVs the container will be filled quicker.

Bob talked about the gate system, which was now operational as of today. Mark Lindsley, the sticker attendant, would now be working at the gate; the swap shop attendant would also be working; one additional attendant; as well as the regularly scheduled weekend attendants.

Bob said that the line items were pretty much the same except for the baseball fence issue, which Mr. Flynn would speak to.

Mr. Flynn addressed estimates he had received for new fencing in the outfield area of the town hall ball fields; he also indicated the back stop was curling and is not flush with the ground on the bottom; as well he talked about the need to have the dug outs fenced in to protect spectators.

Mr. Flynn offered to get another estimate and to have the estimates broken down. Chairman Watman suggested at least three estimates.

Mr. Taylor stated he would rather see the whole fence replaced than piece meal old and new fence into something that is neither practical nor attractive.

Chairman Watman stated that if money is spent to replace it, then the project should be done right.

Mr. Flynn began by indicating that since the printing of the documents, he has discovered some wages can be removed.

Mr. Flynn reviewed his request for a part-time employee and directed the Board’s attention to the documents he had submitted for details and rationale. Mr. Flynn then went on to review the remaining line items.

Mr. Taylor reported on the installation of the three historical markers that were recently erected; their location and the efforts made to have them installed.

The Board and Mr. Flynn discussed the line item relative to the Grange telephone.

Mr. Flynn praised the employee that was overseeing the Welfare Department for her diligence and ability to accomplish the task of seeking services for participants. He requested to increase her salary by $2,000 bringing the total to $5,000 to be spread out on a monthly basis.

Chairman Watman stated he would like comparative information regarding the number of people who avail themselves of these services.

Mr. Taylor and Mr. Flynn discussed the heat assistance line item. There is a requested increase of $5,000 this year. Mr. Flynn indicated that medical has decreased significantly but that may be due to the people presently using these services who do not require medication help.

Chairman Watman requested information relative to other sources that maybe are being tapped into to give assistance.

Chairman Watman also indicated that he has requested of the Town Administrator that all the proposed figures from all town departments be pulled together for review by the Board at a future meeting.

Mr. Flynn indicated he could create an overview sheet of percentage increases and projected revenues.

Mr. Damour MOVED to adjourn the meeting. Mrs. Morse SECONDED the motion. It PASSED unanimously.

Members Present: Tom Watman, Chairman; Joseph Damour, Vice-Chair; Leon Parker; Cheryl Morse; and Ron Taylor.

Others Present: Ken Levesque; John Kjellman; Stephen Meade; Anne Gould; Keith Gilbert; Tom French; Martha Taylor; Tom Dunn; Angela Robinson.

Chairman Watman called the meeting to order promptly at 8:30. The Pledge of Allegiance was recited.

Chairman Watman outlined the protocols that would govern today’s meeting. Specifically, no motions would be entertained regarding changes in the budget at this meeting. Motions will only be entertained after all budget information has been heard and received from the various departments.

Ken Levesque began the discussion outlining various changes he would like to make with regarding budget cuts. The first item is 4326 620 relative to postage. Ken suggests reducing the postage amount requested by $300 bringing the total request to $425.

Mr. Taylor and Ken discussed how the bills were generated and then mailed out; whether that was done by municipal personnel or by machine. Mr. Taylor voiced his concern over having Russ Roy involved in mailing sewer bills when his services could best be served elsewhere.

Mr. Damour asked Mr. Flynn whether a fully automated machine had been purchased in the past when this discussion had come up; Mr. Flynn said no.

Chairman Watman indicated that it would be his hope that next year at this time it would not be reported that the finance officer is still involved in mailing and stuffing envelopes.

Ken went on to address his next proposed budget change reference line 855, safety supplies. Ken suggests reducing the figure of $5,175 by $1,500 for a total request of $3,675. With regard to the confined space entry program, a paid consultant advised Ken that a retrieval device would not be needed in that area. The safety measures in place at the Ramsdell Road pump station comply with New Hampshire Department of Labor standards as well.

Ken went on to address his request to purchase a new confined space meter to measure the amount of oxygen, explosive gases and carbon monoxide, which is required under the confined space entry policy, which was recently adopted. The current unit is now about 14 years old and requires frequent maintenance. With advanced technology, a new unit would be quicker, easier and better to use.

Ken indicated there were increases to item 869 as the cost of polymer, which is petroleum based product, has skyrocketed in the last year. That increase went up about $100 per drum; eight to ten drums are used per year. Ken also indicated that the cost of sludge disposal through the Merrimack Composting facility also went up. Transportation costs as well as pH adjustment costs rose as well. Ken indicated that the improvements at the plant have made ph adjustment worse because the plant has to be in compliance.

Chairman Watman indicated he had a question regarding 430, building repair; items for fence, gate repairs and outlets.

Ken described the issue surrounding a wash out by one corner of the fence, which surrounds the entire facility. The fencing, posts and a gate would have to be repaired. Also the demand for outlets in the lab has increased. It has been recommended due to fire inspections to add outlets and add GFIs by the lab sinks.

Ken explained that the polymer mixing system presently in use is quite ancient. The system requires frequent repairs and Ken feels it’s time for a new one. The polymer mixing system and dewatering apparatus will be compatible with the new process. That cost is $7,300. Also Ken is requesting a new push lawn mower for the treatment plant at a cost of $300.

Ken said that the new safety policy regarding confined space entry program and access to telephone required the use of a cell phone in case of an emergency. A telephone cannot be installed at the Ramsdell Road pump station due to no above or under ground lines. The only type of viable communication for instantaneous response would be a cell phone. Ken acquired a used cell phone and added a figure of $25 per month, which he feels can be reduced to $15 because of the phone being under a municipal account.

Anne Gould stated that this past year five elections were held. The projected budget for 2009 is similar to the budget four years ago with a slight increase in the wages due to the increase in minimum wage.

Anne responded that has to do with the set up; programming the ballot machine. The expense is generated from help with the town clerk’s office but is reflected in the election budget.

Mr. Damour commented that since the postage line item was at zero and Anne spent very little on postage, should that line item be eliminated.

Chairman Watman said it was kept in for ease of reporting. Chairman Watman also noted there should be consistency across the budget with regard to that issue.

Anne stated that if she did have mailings, she would bring them to the town hall and that expense would be charged against the town’s budget.

Mr. Damour stated that the whole point of having the account is to be able to send mailings, however small that might be. He suggested maybe eliminating that line item and indicating it’s a part of somebody else’s budget.

Chairman Watman said the Board could catch that issue to be addressed next year if it still requires attention.

In conclusion, Anne commented on how well the laptop computer, which was acquired in 2008, was working out for her to accomplish her work.

Keith Gilbert reviewed wages and benefits. Keith noted that dispatch fees are up slightly; the electric was 10 % over actual usage; and the heat expense is down from last year. The only section which reflected a significant change of a door in the truck bay section of the station. He would like to replace the existing door(s), which have combination locks and dead bolts to combinations that are programmable. Keith stated that at other locations there have been fire station break-ins. He also said that when emergency personnel leave the station, the doors are closed but not locked. Also past members still have access to the combination. With the new system, each person will have his or her own code. Individual access can be eliminated and the program has a tracking device on entry and exit.

Chairman Watman asked if contained within the combined budget there were any increases in wages or new equipment beyond what had just been stated.

Tom French said that there was just the normal increase in wage due to the COLA or step increases projected by Russ.

Keith Gilbert made the comment that they have one unfilled position. He projected for 2009 the rate that the previous employee was getting. If someone new is hired, it may be less than that or higher to entice someone. There have been no legitimate applicants to date.

Tom French said that fees were shifted to pay part time employees to fill the position temporarily, but no benefits are paid. Tom also said the position has been advertised for one week internally and three weeks externally. From that advertisement they received three nonqualified applicants.

Keith Gilbert described the list that is published by the State of New Hampshire of approved persons for fire service. Only the persons listed can be hired. Keith stated they could try to do a more directed advertising by a mailing to people actually qualified for the job.

Tom French said he plans to re-post the position at the current qualifications and hopefully get interest there. If not, they will re-evaluate and perhaps downgrade it for a temporary to get someone on board while they get additional training.

Mr. Taylor asked if “custodian” was under the town plan now; Mr. Flynn said yes.

Hearing no further questions about the combined budget, Chairman Watman asked Tom French to proceed with Rescue.

Tom French stated that he has seen that he’s been underspending the volunteer wage budget every year so it was reduced by $2,500. Not much change was realized with regard to FICA An additional $200 was added in training and licensing. Paramedic re-certifications rose a bit so Tom carried an extra $100 each for those two items. Vehicle repair was reduced because it is hoped that a warrant article would be done this year to purchase a new ambulance.

Tom went on to address the purchase of two laptops and the annual licensing fee for the software of $500 for each software package. Tom realized a reduction of about $11,500 from last year.

Tom then spoke of the biggest issue facing the department is actually having people available to take nighttime calls. The department has been working diligently on recruitment and retention. Tom estimates that the department has gained two people and lost five within this past year.

Stephen Meade stated that over the past few years, the trend has been that the calls have been increasing but members are decreasing. Response times at the scene are also increasing. Minutes count when you’re faced with a life or death emergency. The department is losing trained members. The new hires have no training, so the department has to pay for the training.

Tom said at the moment, the projected budget doesn’t address that situation. Tom thought it may fall under a warrant article but he wasn’t prepared to put one together at this point.

Keith Gilbert stated that the big loss in personnel has not been to retirement, it’s been to people relocating.

Tom stated that he does anticipate hiring somebody. He does not foresee maintaining less than a paramedic level. To date, the department has only expended $2,500 in intercept fees.

Chairman Watman cautioned Tom that if he foresaw a solution carrying a big price tag, he would want to make sure those figures were ready for budget hearings.

Tom discussed the possibility of linking with Hillsborough, who is also looking at adding night shifts. Henniker has assisted Hillsborough 60 times this year because they are short staffed at night.

Chairman Watman directed the discussion back to Keith Gilbert reference the fire department.

Keith addressed the rise in fuel, which is up a little over the projected actual usage. Two breathing apparatus are replaced every year. The old ones are either thrown away or sold at State auction. A lot of the equipment purchase has to do with turn out gear. The department’s turn out gear is on a five-year rotating cycle. Equipment maintenance is up slightly because Keith added in the annual service for the extrication tools, which were recently purchased.

Tom French addressed the revenues the rescue squad hopes to realize this year. Tom predicts that figure to be $160,000 at least. The Henniker Rescue Squad enjoys a higher than national average collection rate.

Chairman Watman asked for an overview of replacement schedules of gloves, pants, and boots.

Keith said that the basics, i.e., gloves and hoods, get replaced as needed. Coats and pants are on a five-year rotation for replacement.

Martha stated that she is requesting the same amount of money. A new gate was built at the Depot Hill cemetery this year. The Plummer Hill cemetery gate may need attention at some point in the future.

Angela Robinson gave thanks to the Town of Henniker for all the opportunity it has given her over these many years. She reviewed her hopes for the community concert series under the guidance of Tom Dunn.

Tom Dunn then reviewed the plans for the upcoming year. He also indicated the Concert Committee would be interested in purchasing signs similar to those advertising the farmers market to be consistent. Tom also talked about running ads in local publications to advertise upcoming concerts and get the word out a little bit better.

Angela indicated the number of concerts would most likely stay the same. Tom concurred and indicated that they will be doing 12 next summer.

Terry began her discussion by addressing the request to increase the legal fees for ’09. Historically the planning board budget has received funds for legal assistance from subdivision applications. If a case proceeds into litigation, then additional funds are received from the town budget. Terry proposes to add $1,000 to line item 320 with regard to legal fees.

The second line item addressed was 625, postage. The logic behind the increase of $200 is due to increases in zoning ordinance changes and in preparation for town meeting, but conversely, the total number of applications [12] was lower.

Lastly Terry proposed a decrease to line item 560 relative to dues and membership. That relates to the planning board’s membership with the Central New Hampshire Regional Planning Commission. The Commission’s fees are going down this year. That decrease would total $43.

Terry addressed the changes last year shifting towards use of the consultant versus using resources from the Commission. Terry states that shift has worked extremely well. Use of the consultant provides consistency, provides assistance to the public and it will be the same person performing the reviews, compiling information and doing the analyses.

Chairman Watman asked what services are still rendered by the Central New Hampshire Regional Planning Commission since the planning consultant has come on board.

Terry said the Commission is used only if a request is made to undertake a special study. This year there have been no requests for studies. Also the Commission’s services have been used to assist the road management subcommittee.

Mr. Flynn indicated that, contained within the planning board’s budget should be $3,000 which was purposely added to cover extra projects with the Commission should their services be needed.

There was discussion among the board members regarding legal fees for the different municipal boards and whether a pool of funds would be a better resource for legal fees instead of adding them to the individual board’s line item.

Terry Stamps said it was reasonable to expect that the planning board will have a lawsuit next year. The $5,000 figure was an estimate not knowing which way the Board intended to go.

Chairman Watman indicated that it would be important to answer the question where the funds were coming from for legal expenses.

Mr. Flynn added that he was proposing to recommend to the Selectmen that all legal fees come through the legal budget as that figure is unpredictable.

Chairman Watman asked for a consensus of leaving a base amount in each committee or department’s budget for normal expense and setting aside a fund for court cases in the general fund. The issue will be reserved for final decision by the Board if changed, but it will come before the Board.

Mr. Damour added that the separation for each department is infrequent and varies significantly.

Chairman Watman said so long as it could be identified what the funds were spent for, he hears a consensus among the Board members.

John directed the Board to recent correspondence he had submitted requesting a total of $3,000 for data collection and potential consulting expertise. The data collection and consulting expertise would provide back up to a final report which the committee would submit.

Chairman Watman said unless he hears objection, his suggestion would be that the Board use the figure of $3,000 to move through to the next budget workshop. Beyond that point, the Board will have sessions at board meetings to discuss in more detail what the Board’s inclination may be.

Doreen Connor indicated that some cuts were made to allocate $1,000 to legal in case the wood burning plant comes back to the ZBA next year. Most of the budget is wages at almost $6,000; legal at $1,000; and $1,000 for postage and ads. The last category is somewhat offset by applications. Doreen indicated in terms of actual cost, the total applications will be about six once they receive the offset.

Chairman Watman asked if the revenues had been projected yet; Mr. Flynn said no.

Chairman Watman indicated that was another part of the puzzle that needs refining.

Doreen said that typically the ZBA has not had a line item for legal. The town has historically funded legal disputes in the past. Doreen indicated that with issues that may arise with the wood burning plant, they may need to consult with town counsel, which is where the fees would come into play.

There was discussion relative to current ZBA members and alternates; future meetings; and the appointment of an additional alternate.

Mr. Flynn indicated that this year $2,000 was added to the wages in order to have the proper amount of time needed for the position. That was the only change in the budget.

Mr. Parker asked Mr. Flynn if a decision is made that the individual that comes on board will also do code enforcement that has previously not been done, would the projected figures cover that.

With the permission of the Chair, Mr. Jim McElroy added that in July legislation was passed that placed additional requirements on the inspection capabilities of a town. One was the approval of wood boilers of a certain type and the other was the statute that allowed private wind energy systems. Both of those are handled by law by the building inspector, not land use boards. There may be additional requirements placed on the boards’ abilities to do inspection.

Chairman Watman asked who had responsibility for the monitoring of enforcement of excavation; Mr. McElroy said the planning board has responsibilities for permits.

Mr. Parker said he would lobby that whoever was employed in that position would do the code enforcement.

Chairman Watman suggested if this has been a long standing issue with the planning board, maybe the Board ought to up this a bit with the understanding that code enforcement is something that would be done.

Mr. Flynn said he would have a better grip on that after the interview process. Mr. Flynn suggested members from the planning board and ZBA be present.

Mr. McElroy said there is an ordinance in place which is a reflection of RSA 155-E. There are requirements for annual inspections of excavations and permitting of excavations.

Chairman Watman indicated there may be a provision about reclamation of the land.

Mr. Damour indicated he thought the reclaimation is after the excavation is completed.

Further discussion followed regarding excavation sites, inspection of the sites and permitting of the sites.

Chairman Watman said that hearing no objection, the Town Administrator would be instructed to make additions or changes he feels are appropriate to cover the topics previously discussed.

Mr. Flynn said the only addition to this year’s budget is increasing the stipend given to the Emergency Management Director to $1,200. Mr. Flynn feels this is appropriate in this department given the improvements proposed on operation items. A fair number of grants are applied for and received within this department that help generate updates and purchase equipment.

Chairman Watman asked if there were ample funds allocated for training; Mr. Flynn said presently, yes.

Chairman Watman indicated that in order to provide ample opportunity to the director, it’s important to get the training that is needed.

Mr. Flynn reviewed the new tax maps that are being prepared. There were minor corrections, but the maps were impressive. The maps should be complete within the next couple of weeks. Mr. Flynn also indicated that $2,000 had been set aside and some of that may be needed for printing.

It was discussed to display the maps at Town Meeting; and copies of the maps would be for sale.

Mr. Damour asked if there would be an electronic file of the mapping also; Mr. Flynn said yes.

Mr. Flynn proposed that the line item of 320 in legal be increased from $20,000 to $30,000. More legal opinions are being sought by town counsel for policy-making issues.

Mr. Flynn then introduced Tia Maria Hooper, Deputy Emergency Management Director.

Tia indicated she is currently working with NEC to improve communication response between police and fire/rescue. A training is being organized for the college’s dispatch center.

Tia then submitted her application for Emergency Management Director to Mr. Flynn.

Mr. Flynn addressed the $3,000 increase in general liability. Interpretation of the survey formula was ambiguous relative to total wages against the total budget. Russ Roy’s interpretation of the formula resulted in less money paid as a premium. This reduction passed through auditors and amounted to approximately $1,000 a year. The insurance company then looked at the town’s interpretation, felt it was ambiguous enough to the point that their forms are being redone for clarity. The premiums have not gone up, but the formula has changed.

Mr. Flynn indicated that workman’s comp has gone down a bit, but that fluctuates.

Mr. Flynn indicated that debt service, as far as principal payments, are going down as bonds are being paid. Only a few years remain with regard to dump closing; the town hall building bond will be paid off in next year’s budget. The sewer bond is being paid partially by the town and partially through fees. The water tank is strictly paid for with fees.

He indicated that there may have been a miscommunication with regard to the library budget. It would appear on the next scheduled budget session on November 15, 2008.

Chairman Watman indicated that privatization of the parks department had been suggested. He suggested Mr. Flynn research the issue with the assistance of Bob Pennock.

Discussion centered around duties of the park department; i.e., mowing of fields, trimming of trees, planting flowers, raking leaves, building maintenance, empty trash at municipal buildings and municipal sites.

Mr. Damour said if a position is eliminated due to privatization, you lose the services that department performs.

Chairman Watman concurred stating there is a point of no gain when the department handles so many other duties.

Mr. Damour agreed, but cautioned that if a position is cut, you lose other work being accomplished which then the town would have to make arrangements and pay for these services to be performed.

Chairman Watman said the intention would be to save money. As the rescue squad indicated they may be looking to add a position at approximately $100,000. If money could be saved elsewhere it may be more palatable.

Mr. Damour indicated that after paying a private entity to do it versus what is taken out in salary, it may not be significant.

Chairman Watman said it may not be, but the comparison to perform this service should be easily attainable.

John Kjellman indicated that relative to the transfer station budget, the overtime seems significant.

Chairman Watman indicated that it may be a process of organizing management to work better.

Mr. Parker said the connection between dollars and people may be a difficult comparison within a small department.

Chairman Watman said it would be prudent to at least take a cursory look at the comparison.

John Kjellman had a question relative to timers on thermostats at the municipal buildings. Mr. Flynn said that issue was resolved Friday [October 31, 2008].

Mr. Taylor had a question relative to long distance phone bills increasing at the Grange. Mr. Flynn said he would investigate that issue.

Mr. Flynn broached the subject of moving the finance director into the Grange; the planning consultant into the present finance director’s office. After discussion, there was reluctance to move any offices away from the town hall.

Chairman Watman indicated he would like time to think it over and move the item to a future meeting.

Mr. Damour said this also was related to review and evaluation of the organization structure of all municipal entities.

Chairman Watman suggested a temporary divider in the room presently occupied by the planning consultant and the Selectmen’s administrative staff.

Discussion ensued relative to expansion upward at the town and what implications that may have with the historical relevance of the upstairs.

Chairman Watman said he was going to reorder the agenda as there are two people in attendance who wish to address items on the Consent Agenda. Oftentimes the Consent Agenda is voted on and approved in one motion.

Kathleen LaBonte LaFaro stated she found out about the posted meeting this morning. She would like to see more advance notice relative to the meetings.

Kathleen commented on savings within the budget. She also referenced the posting of a job description for the attendant at the swap shop.

Chairman Watman stated that the board was aware that the attendant position was being created and that a person was hired. The lack of a job description was called to the Board’s attention recently.

Chairman Watman said the attendant does not hold regular hours, that person is called in as needed to sort items brought in, to maintain order and keep the swap shop clean.

Stephany asked for a copy of the job description, which Mr. Flynn offered to provide to her.

Mr. Parker indicated a point of clarification. The advertising posted on October 30^th was only for the special selectmen’s meeting, but the budget hearing was advertised considerably earlier.

Chairman Watman reviewed the general order of business at regularly scheduled Selectmen’s meetings. He also invited Kathleen to contact either himself or Mr. Flynn should she have any questions.

Stephany said without seeing a job description for the swap shop attendant, she is perplexed how a salary was arrived at.

Stephany also addressed the Emergency Management Plan. She indicated she had met with Mick Costello to revise the plan. She is concerned without an Emergency Management Director, loose ends are left with the people in town and some businesses.

Chairman Watman inquired who was the interim Emergency Management Director; Mr. Flynn indicated it was Tia Marie Hooper.

Mr. Flynn went on to explain that the process had begun to hire a new Emergency Management Director; one recent application had been accepted.

Chairman Watman pointed out that the only action item on the agenda was to have the Board members who had already voted to approve the Emergency Management Plan at a public meeting to sign the signature sheet as they were encouraged to do by the State official responsible for assisting the development of these plans.

Chairman Watman went on to explain the routine process of the Consent Agenda. It is generally approved without controversy by a single motion and a single vote, but any board member has the right and opportunity to have an item “pulled” from the Consent Agenda for discussion at a later date.

Stepany inquired whether the Emergency Management Plan was an item that should be brought up for additional coordination or should she ask it be put on the agenda for an update.

Chairman Watman indicated it may make sense to wait until the new Emergency Management Director is appointed and then move forward.

Tia Marie Hooper said that with the development of the plan and as the community changes and other industries come into town, it’s always going to be in revision.

Chairman Watman indicated that it was made clear by the State official that a plan needed approval or the town wouldn’t be eligible for grants that may help resolve some of the potential issues.

Chairman Watman called for further comment regarding the public forum. Hearing none, he entertained a motion.

Mr. Parked MOVED to approve the Consent Agenda. Mr. Damour SECONDED the motion. It was APPROVED unanimously.

Item 1 – Approve and adopt minutes of the October 21, 2008 Selectmen’s Meeting

Mrs. Morse proposed an amendment in the minutes with reference to enforcement at the Post Office/Hall Street stop sign by the Police Department. Hearing no objection to that amendment, it was changed by unanimous consent.

Mr. Damour MOVED to approve the minutes as amended. Mr. Taylor SECONDED the motion. It was APPROVED unanimously.

Mr. Flynn indicated that since the last meeting, action was taken on many items in the Town Administrator’s Report. Mr. Flynn reviewed an action item regarding equipment that a department no longer has a use for. According to policy, other departments should be consulted to see if they have a need or use for it. Case in point is a tanker from the fire department being disposed of. The highway superintendent indicated a desire to use the tanker as part of his watering system and calcium application on the gravel roads.

Chairman Watman said hearing no objection, he directed the Town Administrator to proceed to carry out the policy as stated.

Mr. Flynn had an additional item for discussion and action which is the swing set located in back of the Town Hall next to the ball fields. As part of the walk-through done by the Safety Committee, the swing set was indicated as an area of hazard or concern.

The Board engaged in discussion on how best to handle it; whether it should be replaced, repaired or disassembled altogether. There was a consensus to dispose of the apparatus entirely.

Mr. Damour and Mr. Taylor discussed possible members or alternates for the ZBA and Planning Board.

Mr. Damour MOVED to adjourn the Regular Selectmen’s Meeting. Mr. Parker SECONDED the motion. It was APPROVED unanimously.

Members Present: Tom Watman, Chairman; Joe Damour, Vice-Chairman; Leon Parker; Cheryl Morse; and Ron Taylor.

Others Present: Stephany Marchut Lavallee; Roy Grieder; Michael Costello; Debbie Damour; Nancy St. Laurent; Bob Pennock; and Russ Roy.

Chairman Watman called the meeting to order promptly at 6:15 p.m. The Pledge of Allegiance was recited.

Mr. Damour MOVED to approve the Consent Agenda. Mr. Parker SECONDED the motion. It was APPROVED unanimously.

Chairman Watman noted that contained within the Consent Agenda was the resignation of Roland Soucy effective October 31, 2008.

Due to the time not yet being 6:30 when the public hearings were scheduled to take place, Chairman Watman asked to take items out of order.

After discussion regarding corrections, the minutes were approved by unanimous consent. Mr. Parker MOVED to accept the minutes as corrected. Mr. Damour SECONDED the motion. It was APPROVED unanimously.

Mrs. Morse asked Mr. Flynn if there were any complications with funds from FEMA if the Western Avenue culvert replacement project was delayed; Mr. Flynn said no.

Mr. Flynn indicated the emergency management plan discussion is an upgraded plan established in approximately the mid-‘90’s. The plan should be reviewed and updated by the Board on a regular basis. Mick Costello and Nancy St. Laurent (State of NH-Emergency Management Office) are present to answer questions the Board may have. Mick Costello was very instrumental in compiling the data in booklet form. Mr. Flynn submitted the upgraded emergency plan for public hearing and adoption.

Stephany Marchut Lavallee reviewed her proposed technical changes and corrections to the plan.

Chairman Watman suggested that Stephany submit the changes verbally or in writing to Mick Costello.

Mick Costello said the plan was a work in progress but welcomed Stephany’s input.

Nancy St. Laurent added that there are criteria that must be met in the town’s emergency plan in order to be eligible for grants should they become available; specifically 16 ESF [emergency support functions] and a terraced annex. She encouraged drills and exercises become a part of the plan as improvements are made. Nancy said what Mick had done was a good start and she hopes that it continues.

Nancy indicated that the original plan that Mick used as a guide is the same for the town of Henniker as it is for the cities of Boston and Los Angeles. It was geared towards Henniker. Nancy said that towns are encouraged to gather as a team to rewrite the plan to gear it towards your town or city. Sometimes a contractor is hired to write the plan with input from the team members.

Mick said that some volunteer organizations that were envisioned to participate would be the Red Cross, EOC and other state agencies. The area referencing “volunteers needed for shelters” is something that would be needed in town. The Emergency Management Director or an assistant would undertake that aspect.

Mick indicated that NEC is currently rewriting their emergency plan and is working to mesh it with the town. Simulated drills have been executed between the town and NEC.

Stephany asked how the schools would be incorporated into the plan or if they had a plan of their own.

Mick said that the schools have been requested to upgrade the plan to fit with the new standard. It is a revolving document.

Nancy St. Laurent indicated that Greg Champlin of Henniker, also involved with emergency management, has been working with the schools and NEC in organizing training and offering help in writing their plan.

Mick indicated that there were time constraints to the preparation of the plan. As a part of the preparation of the plan, grant monies were received to pay for printing costs of the plan in hard copy form and acquisition of an EOC radio that has interoperability with the police and the highway departments.

Chairman Watman asked Mr. Flynn if a number of organizations referenced in the plan were consulted or informed about the existence of it; Mr. Flynn said yes. Mr. Flynn referenced several signatures he had received, but a few organizations are still outstanding.

Mr. Flynn said that Tia Hooper was acting deputy directory of emergency management. The position has been advertised, but there have been no applicants.

Nancy St. Laurent commented that by law, until a designee is appointed to be emergency management director, Chairman Watman is the emergency management director.

Chairman Watman called for questions from the Board relative to substantive changes in terms of content.

Mr. Parker asked a question regarding the process. He understood that it was important for the Board to adopt the plan subject to minor changes and corrections.

Nancy St. Laurent recommended that course of action. There is no FEMA approval required with this plan, unlike a hazard mitigation plan. The only two requirements FEMA would be looking for would be the 16 ESF and a terraced annex.

Chairman Watman thanked Nancy St. Laurent, (state representative of Emergency Management) and Mick Costello for the hard work on the project.

Chairman Watman then MOVED the Board adopt the Emergency Management Plan as submitted and waive the third reading. Mrs. Morse SECONDED the motion.

There was discussion whether changes in grammar, spelling, punctuation and page numbers would need to be brought back for a vote of the Selectmen.

Mr. Parker suggested that as this plan deals with the Federal Government, the motion should be clearly and plainly stated.

Chairman Watman called for further discussion. Hearing none, he called for the Board’s vote. It was APPROVED unanimously.

Mr. Flynn reviewed the directive given to Mrs. Morse and Mr. Damour, which was to incorporate the language developed by the Wage & Benefit Committee into the personnel manual.

Chairman Watman asked for clarification before yielding to Mrs. Morse and Mr. Damour. He asked if what is contained within the revision is what the Board approved when they approved the report of the Wage & Benefits Committee and money was appropriated into the budget. Mr. Flynn said yes.

Chairman Watman said the question is whether the new language represents those decisions, which have already been made.

Mr. Damour said to his recollection, yes, it does. What would have been helpful is if a list was provided of what the Board voted on to be included with the revisions. It may be more beneficial if the list was included and a decision moved to a future meeting so the information can be reviewed. Mrs. Morse concurred.

Mr. Damour said clarification of definitions was made relative to what constitutes a workweek for police officers so the labor classification plan matches what the State is using as well as other additional changes. Mr. Damour thought it would be beneficial for everyone to review the proposed revisions. Mrs. Morse agreed.

Mr. Damour added that he was appreciative of the changes that were made by Russ Roy and Mr. Flynn.

Chairman Watman called for a motion. Mr. Damour MOVED to hold the matter over for a third reading. Mrs. Morse SECONDED the motion. It was APPROVED unanimously.

Chairman Watman added the motion passed with the proviso that a list of decisions made by the Board would be included in the next meeting’s agenda packet.

#3 – Second Reading: Inclusion of Transfer Station fee for disposal of microwave ovens

Mr. Flynn reviewed the information introduced by Bob Pennock reference fees for disposal of microwave ovens.

Bob Pennock indicated that microwave ovens could no longer be disposed of in the metal containers. Options are to recycle the ovens or burn and/or bury them. The microwave ovens will be included with the E-waste container for the same charge. The public would be advised of this change well in advance.

Stephany Marchut Lavallee said she’s been attending meetings regularly and discussion revolving around the gate has been ongoing for some time.

Mrs. Morse and Bob Pennock discussed the definition of E-waste and negotiations surrounding disposal charges.

Chairman Watman called for further discussion by the Board. Hearing none, he called for a motion. Mr. Damour MOVED to waive the third reading and approve the inclusion of the fee with an effective date of November 15, 2008. Mr. Parker SECONDED the motion. It was APPROVED unanimously.

Chairman Watman inquired whether the agreements reached with vendors who are picking up disposal items from the transfer station are in writing and are subject to the rules of the competitive bid process. Mr. Flynn said yes.

Item 2: Russ Roy, Finance Director, Systems Administrator – Goals and Objectives

Mr. Flynn introduced the goals and objectives of Russ Roy. He did indicate that some of the information would carry over. There were other financial issues that Russ had to deal with and spend time on in addition to his other work.

Chairman Watman called for questions or comments from the Board regarding Russ’ goals and objectives. Hearing none, he asked Russ to move to the 2009 Finance goals and objectives.

Mr. Taylor inquired whether Russ thought Vista would become more widely used. Russ said of the three vendors the town deals with, none have instituted Vista. Russ said he is reluctant to put money and training into new software, as he believes what the town has is probably the best of what is available.

Mr. Flynn reviewed the memo that was submitted in the packet of materials for tonight’s consideration. He directed the Board’s attention to the underlined and bolded print in number 4 as the suggested revision.

Mr. Damour suggested there should be a reference to the specific RSA which stipulates who has the authority to enter into contracts for the town. It is Mr. Damour’s belief that authority to enter into binding leases is only granted by the Selectmen and town meeting.

Chairman Watman agreed that the RSAs should be cited for the public’s reference. Mr. Flynn noted that suggestion.

Mr. Damour added that the revision should state it is in accordance with the specific RSA; Mr. Taylor agreed.

Chairman Watman indicated it was approved by unanimous consent. Chairman Watman then called for a motion. Mr. Damour MOVED the revision to be held over for a second reading at the next regular meeting. Mr. Taylor SECONDED the motion. It was APPROVED unanimously.

Mr. Parker displayed the diploma he received from the course of study in local government leadership. The most recent session centered on budgeting and financial management; financial controls; and marketing the budget to the townspeople. Leon Kennison led the program. Mr. Parker discussed the scenario of the town of Bow’s change in their fiscal year and the possible benefits that change could result in. Mr. Parker also reviewed different avenues of funding that could be explored regarding the Western Avenue Bridge. Mr. Parker recommended that new Board members attend this program as he found it very beneficial. Mr. Parker passed out information he received from Wayne Colby regarding the selectmen’s responsibilities with regard to voting.

Mr. Taylor reviewed recent planning board activity and approvals. Mr. Taylor also discussed complaints he has received prohibiting a right turn lane out of the post office parking lot and proceeding onto Hall Avenue.

Mr. Flynn referenced a public hearing regarding that particular issue in which that change was opposed. There was also a recommendation from the Highway Safety Committee that the sign be removed.

Mr. Damour said it was his recollection there was a specific stipulation regarding that stop sign contained within the site plan approved by the planning board.

Mrs. Morse said she recalled a town meeting discussion where the Chief of Police indicated enforcement would be difficult to enforce.

After a brief discussion regarding the stop sign and various other traffic issues, the Board was redirected to the Selectmen’s Reports.

Mr. Damour said the next scheduled meeting is November 4, which is Election Day. Would the Board consider changing the meeting date.

Chairman Watman said that an alternative might be to post a brief selectmen’s meeting on November 15^th at approximately 11:00 to handle matters that need to be heard.

Mrs. Morse MOVED to cancel the Selectmen’s meeting scheduled for November 4, 2008. Mr. Taylor SECONDED the motion. It was APPROVED unanimously.

Chairman Watman made reference to the job description of the building inspector. If need be, an emergency meeting could be scheduled to address the issue.

Chairman Watman made a motion to move the meeting to the non-public session. Mr. Taylor SECONDED the motion. Mr. Damour, Mr. Parker and Mrs. Morse concurred. It was APPROVED unanimously.

Motion by Joe Damour to seal the minutes of non-public session for one year. Seconded by Leon Parker. Vote 5-) in favor. Motion passed.

Joe Damour motioned to hire a part time employee at the Transfer Station to provide enforcement of the policies of the facility with regard to ‘sticker and residency requirements’. Seconded by Tom Watman. Voted 5-0 in the affirmative.

8:25 pm-Ron Taylor-Motion to adjourn seconded by Cheryl Morse. All voted in the affirmative 5-0. Motion passed.

Adopted Minutes

Members Present: Tom Watman, Chairman; Joseph Damour, Vice-chairman; Leon Parker; Ron Taylor. [Cheryl Morse absent].

Others Present: Stephany Marchut Lavallee; Debbie Damour; John Kjellman; Barbara French; Caleb Dobbins; Bob Pennock; and Bob Pagano.

Chairman Watman called the meeting to order promptly at 6:15 p.m. The Pledge of Allegiance was recited.

Mr. Damour MOVED to approve the Consent Agenda. Mr. Parker SECONDED the motion. It was APPROVED unanimously.

Stephany Marchut Lavallee raised the question of the effective date of HB 197, copies of which she provided to the Board.

Mr. Flynn stated he received information that HB 197 was voted on by committee inexpedient to legislate. To his knowledge, the matter has not been brought up again.

Barbara French reviewed HB 197 and the attendant documents. She indicated it contained language “as introduced” and does contain an effective date of April 1^st.

Stephany moved on to another topic relative to the Board’s consideration to contract out the services performed by the Parks Department, such as mowing the grass. Stephany estimated that factoring in benefits for the employees, the per hour wage to perform this service is approximately $32.

Chairman Watman suggested that topic could be included during upcoming budget discussions.

John Kjellman reviewed recent activities of the Solid Waste Committee (SWC). The committee has heard presentations by the Northeast Resource Recycling Association; Jim Presher from the Co-op is presenting information on single stream recycling; and five members of the SWC will be touring Casella, the Londonderry transfer station and KMG Electronics Recycling facility.

State Representative Barbara French has been hearing concerns from constituents about heating issues through the winter given the economy. A meeting has been scheduled with various resources such as the Concord District Office of Health and Human Services; Dick Ober; the Charitable Trust Foundation; local churches; the town energy committee; welfare officer. Numerous volunteers will be in attendance at this meeting. Barbara extended the invitation to any and all selectmen that may be interested or able to attend. This meeting will be a collaboration to be sure that people in the community are not left without heat sources through this coming winter and to answer any questions community members may have.

Chairman Watman asked for any question regarding the reason for the gathering from any board members. Hearing none, he thanked Barbara for the invitation and the information.

Caleb spoke about the reason for the request, which is to form a committee, which would be an offshoot from the Old Home Days Committee (OHDC). The OHDC was formed for a very specific purpose and that committee has fulfilled their mission. The community has expressed an interest in organizing smaller events on a more regular basis. The formation of the “Henniker Spirit Committee” [HSC] is in response to that request. The committee would consist of those serving on the OHDC and others that may be interested.

Chairman Watman asked if the formation of the “Henniker Spirit Committee” would then be a standing committee.

Caleb said it was difficult to speak to that. It is anticipated that the years that Old Home Days would be scheduled, the HSC may suspend activities to devote their effort and time to OHD. It is envisioned there would be a lot of cross-over of effort and work within the two committees.

Chairman Watman MOVED the Board authorize the establishment of a standing committee called the “Spirit of Henniker Committee’ and that the town administrator is asked to draw up a statement of responsibilities and begin advertising for volunteers for the committee. Mr. Taylor SECONDED the motion. Chairman Watman called for discussion.

Mr. Damour asked about funding. How the determination will be made that the newly formed committee can have access to funds.

Mr. Flynn stated that a new trust will have to be formed so the HSC will have access to funds.

Chairman Watman said those issues will need to be addressed when the Board finalizes the committee, along with a list of responsibilities and the members. If there is a way to transfer the start-up money, then action could be taken at that time.

Mr. Flynn asked if Chairman Watman was limiting participation to a certain number of people.

Chairman Watman said that all 14 people that might be interested in the HSC were presently serving on the OHDC, but the Board’s policy is to open participation to anyone. The Chair suggested Mr. Flynn meet with the current chairman to discuss the issue.

Mr. Parker said he saw a potential conflict. He thought the newly proposed committee should have some role in future OHD celebrations whether it is volunteering committee members or their time.

Chairman Watman stated that would be addressed by referring it to the town administrator to meet with the current chairperson of the defunct OHDC to work out the details. That committee would have some role in advising the selectmen, for example, when OHD ought to be and understand what their role would be, if any.

Mr. Damour wondered if it was redundant to have another committee as the names of the members were the same. The logistics of the funds would be similar to the OHDC.

Chairman Watman said that technically speaking, there is no more OHDC. It was appointed as a one-shot committee and it terminated at the close of the OHD festivities. In addition, Chairman Watman said the title change makes it easier for the HSC to do other events whereas OHD connotes that is the only event they’re organizing.

The origin of Old Home Days was discussed and whether the name of the committee should remain as the Old Home Days Committee.

Caleb Dobbins stated that the OHDC was not designed to be a standing committee. It was by appointment and the committee had only one charge: Old Home Days. The request is to create a standing committee. If this new committee plans events, they would need the blessing of the Selectmen before going forward.

Chairman Watman said from a historical point of view, something is written into the charge to the committee. After consultation between the town administrator and the chairperson of the OHDC, comments or questions can be brought before the Board for consideration.

Chairman Watman called for further discussion regarding the request. Hearing none, he called for a vote. It was APPROVED unanimously.

Mr. Flynn reviewed the policy with the addition of a minor change and update in the Town’s disposal of surplus policy. The recommended change would be to include the language “including Internet auctions”, which is so noted in the document.

Stephany Marchut Lavallee referred to paragraph three reference “broken, obsolete and damaged equipment that is determined to not be in working order will be thrown away.” She is suggesting the word “recycled” be inserted.

Mr. Damour said it should read “properly disposed of”. Then it can be determined if the item should be thrown away or recycled.

Chairman Watman asked for opposition regarding that amendment. Hearing none, the change is APPROVED by consensus.

Chairman Watman then called for comments or advice from the public. Hearing none, he then called for a motion. Mr. Parked MOVED to waive a third reading and approve the policy. Mr. Damour SECONDED the motion. Hearing no further discussion, Chairman Watman called for a vote. It was APPROVED unanimously.

Mr. Flynn reviewed the revisions relative to Section 124-5 to include the specific language, “and town owned property”.

Mr. Damour suggested the language should be “public walkway, sidewalk or on town owned property”. Mr. Parker agreed.

Chairman Watman called for objection to that amendment. Hearing none, it was APPROVED by consensus.

Mr. Damour commented that maybe the town should provide a designated area for these activities, which would be an exception to the Section. A skateboard park was at one time set up on school property.

Mr. Taylor said it would be easy to add that language if a skateboard park or similar area was designated at a later time.

Mr. Damour proposed amendments to the policy that people powered vehicles are prohibited on town owned property except in designated areas. Mr. Taylor SECONDED the amendment. The amendment was APPROVED unanimously.

Chairman Watman then called for a motion. Mr. Parked MOVED to waive the third reading of the policy. Mr. Damour SECONDED the motion. It was APPROVED unanimously.

Mr. Flynn reviewed the policy revisions with the Board. The change is indicated in bold on page 2, item 12.

Mr. Flynn said there were additional provisions in the policy that allowed for that.

Chairman Watman called for comments or discussion from the public. Hearing none, he asked for amendments or proposals from Board members. Mr. Damour MOVED to approve the revision. Mr. Parker SECONDED. It was APPROVED unanimously.

Item 4: Robert Pennock – Superintendent – Transfer Station – Report on recent enforcement action and recommendations for policy adjustments

Bob Pennock reviewed the requested change regarding disposal fee of microwave ovens.

Mr. Damour asked if the change in policy would alter how the microwave ovens are collected.

Bob said there would be no change. When the newly installed gate is in operation in a few weeks, residents will be directed where to dispose of them.

Bob said $5 was just a number he had chosen. Also microwaves tend to be smaller and take up less space. Bob added that he felt the figure would more than cover the cost of the disposal.

Mr. Flynn asked Chairman Watman whether the Board would accept the presentation by Bob Pennock as a first reading.

Chairman Watman MOVED that the request for the disposal fee for microwave ovens be accepted as the first reading and be held over for a second reading and hearing. Mr. Damour SECONDED the motion. It was APPROVED unanimously.

Mr. Flynn added that the issue of recent enforcement action relative to out of town disposal of waste has been handled.

Chairman Watman indicated that the issue is addressed by language contained in the regulations. If there is an issue, it can be handled by a proposal presented to the Board.

Mr. Flynn agreed. It is an issue that can be handled at an administrative level.

Mr. Damour MOVED to accept the minutes as presented. Mr. Parked SECONDED the motion. It was APPROVED unanimously.

Item 6: First Reading – Town of Henniker updated Emergency Management Plan

Mr. Flynn said procedurally this has to be reviewed and accepted by the Board of Selectmen and sent to the Emergency Management level at the state. This is a boilerplate manual put out with the assistance of the state but modified to comply with local officials involved. Mr. Flynn added this information has been presented to the Assistant Emergency Management Director, the Fire Department, and the Police Chief for comment.

Chairman Watman asked if there was a process in place where the different departments and town committees would be asked to sign off on this manual. The signatures would indicate they have received it, but doesn’t give them an opportunity to necessarily raise issues.

Mr. Flynn indicated that the departments and committees will sign off pretty much at the same time the Board of Selectmen sign off; but they are in agreement.

Chairman Watman stated he wants to be sure there’s enough opportunity for input should there be something substantially wrong with the information. To peruse the material is time consuming.

Stephany Marchut Lavallee inquired whether this information was posted on the website.

Mr. Flynn said it was not posted on the website as it was so voluminous, but he had prepared hard copies. The website did contain information about obtaining a hard copy at the Selectmen’s Office.

Chairman Watman said there would be ample notice to the public that a hearing will be scheduled on this topic.

Mr. Parker MOVED Item 6 be held over for a second reading and public hearing. Mr. Damour SECONDED the motion. It was APPROVED unanimously.

Item 7: First Reading: Joe Damour – Cheryl Morse – presentation on revised Personnel Manual including wage scales and revised benefit language

Mr. Damour indicated that the packet of materials was compiled by Russ Roy, the Finance Director, and Mr. Flynn. He indicated that after review, he believes it meets all proposed changes in personnel policy, but recommended it be held over for another reading to allow Board members to thoroughly read through it.

Chairman Watman indicated this compilation contained information from the wage and benefit study which was conducted and approved by the Board two years ago.

Chairman Watman cautioned the Board that if changes are contemplated, employees must be given ample notice of any contemplated changes.

Mr. Damour said that according to policy, the employees would have the opportunity to review the proposed changes and comment.

Mr. Flynn said his intent was to accept Item 7 at tonight’s meeting and move it to a second reading. In the interim, everybody would receive a copy and have the opportunity to review it.

Mr. Damour MOVED that unless there are obvious changes to be made, Item 7 be approved and moved to a second reading and hearing. Any proposed changes could be given to the employees for review. Mr. Taylor SECONDED the motion. It was APPROVED unanimously.

Item 8: First Reading – Ordinance to create new town road ‘width standard’.

Mr. Taylor, on behalf of the planning board, is requesting that the required travel width of all roads be revised to 22 feet. The present street regulations state 20 feet as the required travel width. Mr. Taylor makes this request in order to be consistent with street regulations and the current planning board regulations.

Chairman Watman asked if any comments had been submitted by the Highway Department.

Chairman Watman called for suggested changes. Hearing none, he then called for a motion. Mr. Taylor MOVED that Item 8 be held over for a second reading and public hearing. Mr. Damour SECONDED the motion. It was APPROVED unanimously,

Chairman Watman asked Mr. Taylor to double check the zoning regulations to be sure there is no other wording that needs to be included in the proposed revised regulation;

Item 9: Discussion and approval requested from Town Administrator for CIP schedule for 2009 (Selectmen’s Articles)

Mr. Flynn reviewed the issue of appropriating funds for the Western Avenue Bridge, which was a topic raised at a recent CIP Committee meeting. Mr. Flynn suggested the figure of $150,000 to the CIP Committee. Another figure Mr. Flynn suggests is $3 million for the bridge project, which no one has disputed. If the amount of $150,000 is appropriated for a period of four to five years, a total sum of $600,000 will have been set aside. These funds could be utilized to begin engineering work to have the project underway. Mr. Flynn asks the Board’s permission to submit these requests to the CIP Committee.

Chairman Watman indicated that if the submission went to the CIP for their review, it would then return to the Board to allow for discussion regarding the issue.

Mr. Parker indicated that the review of initial summary would indicate that figure would be prudent for this year’s appropriation.

Chairman Watman indicated that due to the global and national economy, and reports of the Town’s revenue, funds may be tight. Department heads may be asked to develop a list of suggestions or alternatives of savings within their area of supervision.

Mr. Parker referenced the bleak picture the media paints of the economy. It seems as though the northeast is faring somewhat better than other parts of the country. A task of the Board may be to figure out what the real facts are.

Chairman Watman stated that as a result of the Governor attempting to keep expenses down that may translate into a decrease in monies coming into the schools and towns.

Mr. Parker said that the projected spending may just be the tip of the iceberg. Departments may be reluctant to request certain new items in their budgets.

Mr. Damour asked whether there were expendable trusts relative to the Grange and the Community Center; Mr. Flynn replied no, just the police and fire station.

Chairman Watman suggested another option would be to somehow establish a general fund for town building repairs. That way funds could be allocated to specific buildings that needed repair.

Mr. Parker stated his feeling is they’re maintenance items and don’t belong in the CIP, but belong somewhere else.

Mr. Damour also asked whether there was a time frame being considered on the Western Avenue Bridge; is it a four- or five-year project.

Mr. Flynn indicated he thought the money is out at least to 2013 or 2014. The State would need to indicate that Western Avenue Bridge qualifies for Bridge Aid and a set amount of money is allocated.

Stephany Marchut Lavallee posed the question to the Board of how they’re going to determine what is reality for the tow. If the State is asking for a reduction in their budget, how will that affect the town.

Chairman Watman said the decisions about what direction the Board would proceed in would be made at Town Meeting.

Mr. Parker added that some town departments have mandatory expenses that have risen dramatically. For example, you can’t dictate to the highway department not to salt the roads during winter months.

Mr. Damour stated that the operating budgets don’t tend to increase the tax rate; it is items such as bridges and other capital expenditures.

Chairman Watman said that with the input from the CIP and figures coming in from department heads, the Board may get a clearer idea on the total outlook.

Mr. Parker MOVED to approve the Administrator’s request with the addition of 2010 and 2011 in item 1. Mr. Damour SECONDED the motion. It was APPROVED unanimously.

Mr. Flynn indicated this request is done in writing pursuant to RSA 319:5-b. A public hearing is not required as the donation is less than $5,000. Marc McMurphy is a member of the Athletic Committee and wished to make this donation.

Mr. Damour MOVED to accept the $1,500 donation from Marc McMurphy. Mr. Parker SECONDED the motion. It was APPROVED unanimously.

Item 11: Request for Selectmen to accept donation of $4,300 value from Firefighters Association

Mr. Flynn indicated this request is also being made pursuant to RSA 319:5-b. A public hearing likewise is not required as the donation is less than $5,000. Mr. Gilbert is Director of the Henniker Firefighters Association and wishes to make this donation of equipment on behalf of the Association. Specifically, one TurboDraft fire eductor, 125 feet of five-inch supply hose and one 4x5 inch Stortz adapter.

Mr. Parker MOVED to accept the donation of equipment with a value of $4,300. Mr. Damour SECONDED the motion. It was APPROVED unanimously.

Chairman Watman directed the Town Administrator to send a note of appreciation to the donating organization or individual(s).

Mr. Flynn reviewed the numerous bid proposals that were received in response to the recent bids for cleaning services. For budgetary purposes and the purpose of saving money, Mr. Flynn recommended Reliable Janitorial Service.

Mr. Parker asked if the Board was being asked to approve the contract; Mr. Flynn said yes.

Chairman Watman said the Board could approve the contract pending passage of the warrants.

Mr. Flynn stated it is in the line item budgets for police and the selectmen’s office.

Chairman Watman asked if the contract provides a release should the Town not approve the funds; Mr. Flynn said yes.

Chairman Watman MOVED to accept the bid from Reliable Janitorial Service. Mr. Parker SECONDED the motion. It was APPROVED unanimously.

Mr. Flynn related that revenues paid to the town are down this year. The main revenue is automobile registrations. It is anticipated that other state revenues may be going down also. Last year the Board presented a budget to the taxpayers that represented a 38-cent increase, which was approved. Additional increases and different options were reviewed and discussed. Mr. Flynn is asking for a decision from the Board to reach a tax rate at month’s end.

Mr. Damour MOVED to apply the amount of $515,000 toward the fund balance to reduce taxes in fiscal year 2008. Mr. Taylor SECONDED the motion. It was APPROVED unanimously.

· Road Management Plan Committee. Information was received from the road agent on the updated road plan. The planning consultant’s schedule now will allow her to participate in a bit of the coordination.

· Energy Audit. PSNH Energy audit results were turned over to the energy committee for review and recommendation. Mr. Damour indicated that the committee made a motion to approve the recommendation that the town pursue the changes as it makes fiscal sense.

· Junk Yards. A meeting is scheduled with town counsel to review proper procedures and the process for enforcement.

· Transfer Station Enforcement. The newly-installed gate will help with enforcement of some items that are being brought to the Transfer Station without a sticker. That process may be implemented in about a week. A public relations event is planned so the public will get notice and have ample time to be aware of the procedures.

· Annual Goals and Objectives. The Finance Director is scheduled to present goals and objectives to the Board at an upcoming meeting.

· Western Avenue Bridge. There was discussion regarding that issue at tonight’s meeting.

· Revision to Town’s ‘disposal of goods policy’. It was addressed at tonight’s meeting. That information will continue to be reviewed

· Review WWTP ordinance. Mr. Flynn has received information from Ken Levesque regarding this issue and possible enforcement.

· Leasing items to the town. That is scheduled for the next meeting. There is a minor revision on a donation policy.

Mr. Flynn addressed the Community Profile Project that the Planning Board is undertaking. That committee is seeking volunteers from all committees and organizations in town, one of which is a Board of Selectmen representative.

Chairman Watman asked Mr. Flynn to confer with Mrs. Morse to see if she would be willing to take on the assignment.

At the conclusion of Mr. Flynn’s report, Chairman Watman called for any questions from Board members. Hearing none, the meeting moved on to Item 15.

Mr. Taylor had a question regarding replacement of the full-time EMT. He wonders how much of a hindrance requiring a 50-hour workweek was to people interested in becoming a full-time EMT in the Town of Henniker.

Mr. Damour asked a question regarding Transfer Station Enforcement relative to a resident from Hopkinton. It seems as though the town regulations may not prohibit that and the ordinance may be in conflict.

Chairman Watman indicated that the resident admits he generated the trash in Hopkinton.

Mr. Damour recited the ordinance relative to disposal of trash by certain organizations or groups.

Chairman Watman indicated that if there is a need for clarification, based upon review with Mr. Flynn, the administration ought to apply the policies as they read it. If there is a need to change or someone wants to appeal a decision, it should come before the Board.

Mr. Damour indicated that he takes issue with a resident that pays taxes in Henniker and is being denied access to a service they’re paying for; i.e., disposal of items at the Transfer Station.

Chairman Watman indicated that if residents are being charged a fee, the Board would need to get an updated cost each year for whatever it is they’re going to be assessed.

Chairman Watman called for further reports from the Selectmen. Hearing none, Mr. Damour MOVED to adjourn the meeting. Mr. Taylor SECONDED the motion. It was APPROVED unanimously.

MEMBERS PRESENT: Tom Watman, Chairman; Joe Damour, Vice-Chair; Leon Parker; Cheryl Morse; Ron Taylor; Peter Flynn, Town Administrator.

OTHERS PRESENT: Martha Taylor; Debbie Damour; Kristin Claire; Ken Levesque; Stephany Marchut-Lavallee; Tim Russell.

Chairman Watman called the meeting to order at 6:15 p.m. The Pledge of Allegiance was recited.

Mr. Damour MOVED to approve the consent agenda. Mr. Parker SECONDED the motion. It was APPROVED unanimously.

Martha Taylor, representing the Historical Society, came forward asking the Board for permission to remove a tar walkway, which begins near Maple Street leading up to the Historical Society building. This removal would be at no cost to the Town. The walkway is virtually unused and is not suitable for handicap access.

Mr. Damour MOVED to allow the Historical Society to remove the paved sidewalk from the Maple Street end up to the building. Mrs. Morse SECONDED the motion. Chairman Watman called for further discussion.

Mr. Damour inquired whether the area would be reseeded after removal of the walkway; Martha said yes.

Stephany Marchut Lavallee referred the Board to HB 197. It was a bill related to tax credit for service connected disabilities reference veterans. She stated that the Board mentioned they would review the material and was inquiring whether that review had taken place.

Chairman Watman suggested that the issue could be brought back at a future hearing.

Chairman Watman indicated that if it were required, the Town would not have to adopt it. It will be automatically incorporated.

Mr. Flynn indicated he would research the issue for further discussion at a later date.

Stephany went on to address a second item relative to construction and demolition waste. Stephany read the content of correspondence she had received from Kathleen LaBonte/LoFaro into the record. She also provided copies to the Board for their review as well as attachments to the correspondence.

Item 1: Kristin Claire, Planning Board chair, requesting affirmation of appointment of Planning Board engineering firm

Kristin Claire, Planning Board Chair, presented information regarding proposals the Planning Board (PB) received from engineering firms. The Planning Board’s ultimate choice of firms was KV Partners. KV Partners consists of two people which would be working on site as well as follow up during construction. The PB thought a smaller firm with a more intimate knowledge of the projects would benefit the Town greatly. The contract would have a term of one year.

Mr. Parker asked for clarification on what would be expected from the engineering firm; whether their work would be exclusively for use by the PB would this firm would be considered the Town’s engineering firm.

Kristin clarified the engineering firm was for the benefit of the PB, not as the Town of Henniker’s engineering firm. The engineering firm would serve the PB to assist with planning board review and site work.

Chairman Watman inquired whether the Town had an engineering firm, which was employed serving the municipality in all engineering capacities.

Mr. Flynn said the Town did not have an engineer per se, but had engaged the services of a local engineer to assist with the Western Avenue project through its completion.

Mr. Flynn said that money for these services comes from escrow accounts from the developers.

Kristin indicated that the developer ultimately pays the funds for these services.

Mrs. Morse asked whether the PB was using one particular firm and if they were on a retainer with the Town.

Mr. Flynn said the Town did not have a firm on retainer, but had contracted to have work done by different individuals on an as-needed basis. He went on to indicate there was $10,000 in that budget.

Chairman Watman inquired whether the Selectmen had authorized the Town Administrator to retain services for the Western Avenue project only; Mr. Flynn said yes.

Chairman Watman stated that at present the Selectmen did not have a contractual agreement with an engineering firm to provide services on retainer.

Mr. Damour added that most of the time there was no need for the Town to have a firm on retainer. Bridge projects in the past that went through the State involved selecting an engineer for each individual project. If the Town did pursue contracting to have a firm on retainer, that firm would be required to be qualified to do work in certain areas.

Kristin added that John Margeson indicated that each project he was involved in, he felt needed collaboration with the state and was project-specific. Kristin indicated it was John’s feeling he may need different engineering services depending on what the scope of the project was.

Mr. Damour had a discussion with John Margeson about someone being available without having to wait for opinions or suggestions.

Chairman Watman suggested the Town Administrator confer with the Highway Superintendent regarding this issue and to report back to the Board at the upcoming meeting [October 7, 2008] about their discussion. There was no objection by the Board to that suggestion.

Mr. Parker asked whether that issue is separate from what is being considered; Chairman Watman said yes.

Mr. Flynn clarified it related to general town engineering; Chairman Watman said yes.

Chairman Watman MOVED to approve the hiring of KV Partners, LLC, as the engineer to serve the Planning Board. Mr. Damour SECONDED the motion. It was APPROVED unanimously.

Mr. Flynn indicated he met with Town Counsel, Bart Mayer, to address questions the Board had about this issue from a previous meeting. Mr. Flynn directed the Board’s attention to a written response from counsel, which contained recommendations. One request from counsel was the fee for deposit is increased from $100 to $1,000. Mr. Flynn indicated the changes in the town procurement policy are indicated in italics and bold print.

Chairman Watman recited changes relative to item #12 under the bid process and criteria for bid selection.

Chairman Watman then called for questions, comments or advice from the audience. Hearing none, he moved to questions from Board members.

Mr. Damour stated he was not in agreement with receiving a deposit from bidders. Mr. Damour felt it might be more appropriate to indicate a time frame for expiration of the bid. Following the award of the bid, there would be a contractual agreement specifying damages in case of failure to comply with the bid and subsequent contract. He feels the deposit price will be able to be paid by bigger companies that can afford it who in turn may charge the Town more for their services.

Chairman Watman asked Mr. Damour if he wanted to amend the proposal to eliminate item 12 and other references to the sum of $1,000.

Mr. Damour agreed there should be a definite minimum time frame that the bid would be held. He went on to add that maybe the Board should consider requiring a contractual agreement based on the bid given. NH DOT had provided information regarding a provision for increased costs and also if the price of materials decreases, that as well should be reflected in the bid.

Mrs. Morse indicated her understanding of the proposal would be to limit the Town’s exposure to failed bids. In the past, this failure resulted in the Town of Henniker having to incur advertising fees. The original intent of the proposal was to cover the fees. Mrs. Morse is against removing the fees completely as she feels it serves to solidify the bid to become a bonafide agreement, but feels that $1,000 is excessive.

Mr. Parker agreed with the original objective of the proposal: Once a bid is awarded, the Town expects the services to be performed at the price quoted in the bid. Mr. Parker would like to see the fee disappear and stick with the concept.

Mr. Damour stated the purpose of the procurement process is not to make money, but to obtain goods and services for the Town. He does not feel it’s appropriate language to be included in this particular policy. Mr. Damour feels there are other avenues to assure performance once a bid is accepted. He feels the issue relative to fees is counterproductive to the whole purpose behind the bidding process. Advertising costs are a part of doing business.

Mr. Damour went on to add that he can recall only one issue in the past that involved a bid that cost the Town more than what the original bid was. The process of rebidding is a matter of fairness.

Mr. Parker said in light of the situation, the Board probably would not have done anything differently.

Mr. Damour stated the Town should have a contract that specifies that a bid has been given; sign the contract based on that bid; and it should contain specific language that that price will be held for a period of time. If a delay is as a result of action on the part of the service provider, the provider would be contractually bound to deliver the service or goods at the contract price.

Chairman Watman stated the inclusion of some language in the policy would make enforcement easier if the price of the dollar amount involved was sufficient that you wanted to commence litigation. The service providers would have advance warning what the contractual expectations were.

Mr. Taylor stated he agreed the language should be contained within the policy, but was in agreement also with Mr. Damour that the figure of $1,000 is high.

Chairman Watman stated he would accept amendments or a motion relative to the policy.

Mr. Taylor MOVED to remove item number 12 contained on pages 2 and 3 referencing a bidding fee. Mr. Damour SECONDED the motion.

Chairman Watman called for discussion on the motion to amend the proposed procurement policy.

Mr. Damour added that often bids are requested in latter months of the year, which are then contingent on approval at town meeting. It seems unfair to hold a service providers’ funds for a number of months until the bid is actually awarded.

Hearing no further discussion, Chairman Watman called for a vote. It was APPROVED unanimously.

Chairman Watman invited amendments or a motion relative to the contractual language contained in the proposal.

Mr. Parker indicated page four contained specific language relative to performance and forfeiture of the bid fee. He MOVED the sentence, “In a situation where the successful bidder withdraws its bid, the bidder shall forfeit the bid fee” be removed. Mr. Taylor SECONDED the motion.

Chairman Watman clarified the proposed motion, and then called for a vote. It was APPROVED unanimously.

Mr. Flynn asked for clarity of the minutes, if a Board member could move that number 13 be renumbered to 12. Mr. Damour MOVED that clerical correction.

Mr. Parker asked whether more language was need to address Mr. Damour’s concern.

Mr. Damour stated that relative to major bids, there should be a contract or some verbiage relative to contractual obligation.

Mr. Flynn indicated that the paragraph on page four relative to increases in cost estimates following a bid award was a profound statement with regard to the policy change.

Mr. Flynn indicated that the Town does not draft the original. The bidder drafts the contract, which is then review by counsel.

Mr. Damour indicated that at that point the Town could add items into the contract.

Chairman Watman turned to the Board for a motion to approve the policy as amended or hold it over for a third reading.

Mr. Parker MOVED to hold the policy over for a third reading. Mr. Taylor SECONDED. Mr. Damour indicated he would like to review the revised policy also. It was APPROVED unanimously.

Mr. Flynn indicated this policy revision was reviewed at the last Board meeting. The Board had questions relative to the correct statute citation. It has been verified by town counsel that the figure of $5,000 is the threshold for donations.

Chairman Watman clarified the revised statute related to holding a required public hearing by Board of Selectmen when a donation of $5,000 or more is being made. Previous language in the statute called for a hearing when a donation of $500 or more is being made.

Mr. Taylor said the hearing is discretionary by the Boards of Selectmen when the donation is less than $5,000.

Chairman Watman affirmed that. He then called for comments, questions or advice from the public. Hearing none, he asked for questions or discussion by Board members.

Mr. Parker asked for clarification. The RSA seems to indicate the figure of $5,000 applied to money and the figure of $500 applied to gifts. This language is contained in RSA 319:5-e.

Mr. Flynn said both figures applied to monetary gifts. The revised statute will contain the same verbiage; only the dollar figure will be changed.

Mr. Flynn reminded the Board to keep in mind if they did not hold a public hearing, any acceptance must be recorded in the minutes regardless of the amount.

Chairman Watman assumed if the revised statute is adopted, the Board could opt to hold a hearing on a particular donation if it was of particular interest to the community or controversial.

Chairman Watman called for a motion for approval or to hold the revision over for a third reading. Mr. Parker made a MOTION for approval. Mr. Damour SECONDED the motion. It was APPROVED unanimously.

Item 3: Ken Levesque – Waste Water Treatment Plant Superintendent – Annual Goals and Objectives

Mr. Flynn invited Ken Levesque to review his submission of goals and objectives with the Board.

Mr. Levesque moved on to the Wastewater Treatment Plant Goals Established for 2008/2009.

Item 1: Performance of grease trap inspections. There are 13-14 small eateries in the Town of Henniker, which produce large quantities of grease. Five years ago the sewer ordinance was rewritten to contain provisions to perform semi-annual inspections, which have been ongoing. Oftentimes when the appointments are made for inspections, the eateries come into compliance. Ken reports about an 80% compliance rate.

The Wastewater Association has provided materials that indicate this is a national problem. Through the state association, information was provided relative to the New Hampshire Plumbing Inspector providing inspection services and recommendations at a cost of $75 per location. Ken would like to retain these services for next year and would be including it in his budget proposal. The total cost would be $1,200. It is Ken’s impression that armed with the information from the inspections and recommendations, local business owners would work to bring their establishments into compliance in an attempt to reduce the amount of grease in the sewer pipes.

Mrs. Morse inquired whether it was enough of a problem that the community should be informed. She suggested a reminder being published in the Outlook.

Ken said that may be a worthwhile reminder to publish, but the issue is more with businesses, restaurants and sandwich shops.

Chairman Watman asked if the current ordinances contained language relative to enforcement.

Chairman Watman was amendable to the idea of inspection, but without specific ordinance and fines, it may not be worthwhile.

Ken said that if the mechanism of enforcement would be a fine, it might be less to pay the cost of the fine than to install a proper grease trap.

Chairman Watman indicated that inspection is only part of the issue. Possible enforcement of the recommendations may need to be reviewed with town counsel.

Mrs. Morse suggested networking within the NH Water Pollution Control Association and other municipalities to see if they have had the same issues and possible solution.

Ken indicated he has talked with Hillsborough in particular. That municipality has mandated that any new establishment that comes into town must have a mechanical device to reduce grease at a cost of approximately $15,000 per location. This requirement is part of Hillsborough’s town ordinance.

Mrs. Morse thought information such as what other municipals are doing would be useful to add into the proposal.

Mrs. Morse asked if there was enforcement behind the ordinances presently in place; also providing information relative to what other surrounding towns are doing to address the situation.

Mr. Parker followed with a question regarding under-designed installations. If the State inspections are approved, would this give the Wastewater Treatment Plant a better idea on what type of installation these establishments ought to have.

Ken said the inspection would be a tool to provide an opinion on the suitability of the installations and also serve to educate him on what would be required. Without the information from the State inspectors, Ken would have nothing to back up his assertion the installations are improper.

Ken next addressed item 2: Working with the contractor regarding the Clarifier Drive and Sludge Collector Arm installations. That work will continue through April of 2009.

Ken moved on to item 3: Work with Underwood Engineers and Sanitaire on a diffuser blanking plan for aeration tanks to obtain correct CFM’s per diffuser. The last upgrade was designed not only for the needs of the town present day, but what may possibly happen ten years down the road. Presently, there are more diffusers in the aeration tank than is needed. Ken is working to regulate how many are actually needed to attain the correct mix of air in the tanks. This process is ongoing and may continue for another couple months. It’s not a hindrance to the operation, but once the correct calibration is reached, the process will work more efficiently.

Ken moved to item 4: Investigate regulations of what is required for the Town of Henniker in the 2011 NPDES permit renewal regarding CMOM [Capacity, Management, Operation and Maintenance] program for wastewater collection system. When the wastewater plant receives their new permit in 2011, there will be regulations in the permit that require the plant to have a cleaning and maintenance program in place. This also involves EPA regulations, which may complicate the process. The cleaning and maintenance program will require classes and networking with other communities and engineering firms to know what will be required and how to accomplish those requirements.

Ken went on to say that the Town has always had a plan regarding wastewater collection, but it’s not a written policy. Each year maintenance and cleaning is done so that all is accomplished over a five-year period. EPA enforcement is increasing due to a national struggle to address and control the grease in collection systems.

Chairman Watman inquired whether this might involve equipment purchases or replacements.

Ken replied that most likely not equipment purchases. The Henniker system is not large enough to have its own equipment. Ken added that in order to be in line with the 2011 requirements; starting in 2009 he is planning on attending classes and is formulating a plan.

Mr. Damour added that capacity would be difficult to calculate. The system at present is under capacity as far as designs, but may change if the pump stations would have to run longer to keep up with the flow. He added that maintenance would be the first step, then cleaning.

Mr. Taylor added that over the last several years, Ken has received awards. He wanted to extend a thank you to him for the work that is done.

Ken referenced a recent publication related to salaries for wastewater treatment plants throughout the State of New Hampshire he had given to Mr. Flynn.

Chairman Watman stated that after Mr. Flynn’s review, if there were large discrepancies, it might be appropriate to review that information for the next salary study in the fall of 2009.

Mrs. Morse commented that the committee had struggled with the salaries of the wastewater department because many factors went into the comparisons: differing departments, differing systems; sharing of personnel within departments.

Chairman Watman said if there was a large discrepancy, then it should be brought to the attention of the salary and benefits study committee.

Ken said he understood there were questions and issues that came up with regard to the wastewater treatment plant. In giving the information to Mr. Flynn, he wanted the committee to have all the same information he had.

Mr. Damour asked if Ken had any major items down the road that are going to be capital items.

Ken said he did not foresee any for the next two years. The 2008/2009 capital improvements were clarifiers, which were broken up into two years. If there are no equipment failures, the plant should not need improvements until 2010.

Ken stated that as the seasons change and NEC students return, the levels of oxygen are increased or decreased. There were denitrification issues in the clarifiers based on too much oxygen in the tank. The solution was to denitrify in the aeration tank before it moves to the clarifier.

Ken said it wasn’t an issue, but to maintain the pH is expensive. To date in 2008 Ken has expended almost $20,000 on sodium hydroxide to bring the pH within proper levels. Summer presents less of a challenge than winter.

Ken said that the sludge is going to Merrimack. That plant threatened to close, but in recent conversations with Jim Taylor, superintendent, the closing is still up in the air. They will provide as much notice to Ken reference the closing as they can. In the event of Merrimack closing, Ken said he has made arrangements with Waste Management to receive the sludge.

Item 4: Police Chief Timothy Russell – Annual Goals and Objectives – Police Department

Mr. Flynn invited Chief Russell to review his goals and objectives with the Board.

Chief Russell began by addressing the police station renovations that began in the fall of 2007 and were completed in the spring of 2008. The renovations involved some unplanned changes. These changes were very time consuming.

Chief Russell also reviewed with the board the issue of an officer out on disability from August to 2007 to April of 2008 due to an injury, which was received while assisting another town on a domestic violence call.

Chief Russell went on to address State Accreditation. This accreditation is a level of professionalism and is primarily addressed administratively through paperwork. Most of the department’s SOPs have been rewritten to comply with accreditation. This compliance also involves proofreading all the SOPs as well as officer training relative to the revisions. Chief Russell reports that by this time next year, the agency will have obtained Level 1 State Accreditation.

Chairman Watman asked what specifically that involved; does it involve a visit to the police station for inspection.

Chief Russell said it involves reviewing policies the department has relative to such things as strip search policies; how are the people handled that are confined in the cells; officer safety relative to arrests and confinement; monitoring of confined persons after arrest.

Chief Russell said there were three levels. There is also a national accreditation, which is costly. There is an initial fee of $10,000 and every three years you’re required to pay $5,000 in dues. Chief Russell went on to say that state accreditation has only come about in the last couple of years. The only other option available in the past was national accreditation. To offer an alternative, Police Standards and Training Council [PSTC] began a realistic accreditation program. He went on to say that maybe less than one-quarter of the agencies have reached state accreditation, but to attain the accreditation is something the department looks forward to.

Chief Russell went on to address item 2 relative to seeking grants for equipment and in other areas that will help minimize the impact on the budget for equipment purchases. The department received grants this year to perform speed patrols on Routes 202/9. By performing this detail at no cost to the town, and in conjunction with other towns, positive results have been seen in an effort to reduce the speed on state highways. DWI patrols have also been done in conjunction with other towns, which resulted in some arrests.

Relative to item 3, to continue and expand the availability of the department officers to speak on topics of concern to schools and civic organizations. Chief Russell described the department’s DARE program, which recently received a substantial donation from the Masons. DARE is a program that has never cost the taxpayers money, funds have been raised through donations and the yearly calendar.

He went on to talk about the grant the department received in reference to evaluation of structures and infrastructures relative to hazardous materials. The information will be helpful in the event of a chemical spill, for instance, at NEC and the need for emergency evacuation. Unless these preliminary assessments are made, the department may not be eligible in the future for Homeland Security grant money. The town would have to hire someone to perform this task, but the department has the capability to perform this now.

Continuing on with item 3, Chief Russell related that the website offers information and assistance to the community. Specific ways the department is directly involved with the community includes: A monthly article published in the White Birch Bugle which Detective Sergeant Murdough writes directed towards senior citizens; Chief Russell and other officers speaking to classes on the issue of law enforcement; the department’s open house during the town’s Memorial Day celebration; firearms safety classes offered for women. Chief Russell is satisfied with how the department involves itself in many aspects of the community.

Chief Russell expounded on item 4: Continue to explore the concept of a citizen’s police academy. He did investigate the option by canvassing surrounding towns and their response to this program. The communities of New London and Bradford put forth an exorbitant amount of time and energy organizing their program. The program was ultimately abandoned as there wasn’t enough community interest to continue it.

Stephany Marchut Lavallee commented that in the past she had attended a firearms safety class offered by the department and she found it was an excellent program.

Mr. Taylor commented that as a former bail commissioner, he felt the building had been configured to be a safer environment for the officers and those they were confining.

Chief Russell was pleased that the department had one room for containment. The room contained fixtures and items necessary for processing, but the detainee didn’t have access to the entire department.

Chief Russell commented that the equipment was secured through grants. The surveillance equipment enhanced officer safety due to the fact that all activity is monitored by Merrimack County Dispatch.

Chief Russell went on to say that he would continue to look at the citizen’s academy, but he feels it’s going to be very labor intensive. Chief Wheeler of Hopkinton has expressed interest in collaborating on a joint venture relative to an academy.

Mr. Parker said he wasn’t familiar with the concept of the citizen’s academy.

Chief Russell said it is similar to a mini police academy. Participants are versed on juvenile law, motor vehicle law, and the criminal code. The concept is to increase their knowledge in a specific area of law enforcement or the criminal justice system.

Lastly Chief Russell addressed training relative to the department. Training continual and ongoing; interview interrogation; Breathalyzer administration. Training this year centered largely on the issue of active shooter training. NH State Police SWAT team is only 17 miles away, but there are circumstances where police, emergency and rescue cannot wait. The Henniker Police, in concert with NH State Police, Henniker Fire and Rescue, participated in the active shooter event in conjunction with NEC at their dorm. Chief Russell stated he feels the department and the community trained to the degree that he is satisfied with. He feels that the community is much better prepared to handle the scenario than before the training.

Mrs. Morse clarified the difference in someone shooting to do harm to another person, shooting to harm themselves or a sound interpreted to be a gunshot.

Chief Russell said that if someone was shooting to harm others, this training readied them for that situation to enter and not wait. If someone is wanting to do harm to themselves, the issue becomes one of containment to prevent them from hurting themselves further. If it becomes a hostage situation, others better trained are going to be called in to handle it.

Mrs. Morse stated that if there is intervention, sometimes you could prevent these instances of shooting from happening. She is glad to know that the different scenarios are played out as part of that training.

Chief Russell indicated that he had accepted one part-time officer’s resignation this week. Other than that, the retention of staff is going well.

Mr. Parker added that he doesn’t see issues relating to the department’s relationship with the community.

Mr. Taylor added that he has had interaction with many surrounding police departments as a bail commissioner and finds the Henniker officers are really professional.

Chairman Watman stated that Chief Russell deserved a lot of credit for that as he sets the standard for all in his department. They’re well trained and act professional.

Item 5: Continued discussion Re: Selectmen’s recommendation (if any) for Zoning Amendments for 2009 town meeting

Mr. Flynn addressed the issue of inclusion of an appointed designee as required by ordinance. Town counsel has reviewed the issue and recommended that Section 133-51 and 133-52 contain verbiage relative to the selectmen choosing a designee to act on their behalf.

Chairman Watman inquired whether the appropriate action is to ask the Town Administrator to add it to the list of possible warrant articles.

Mr. Taylor replied it may have to go before the Planning Board if changes are to be made.

Mr. Flynn clarified it was a Planning Board article last year and zoning changes would have to be reviewed. He indicated that the Planning Board wanted the issue referred to them by the Selectmen.

Mr. Damour said it adds that a designee can be appointed to act on the Selectmen’s behalf and reference to associated fees.

Mrs. Morse MOVED to recommend to the Planning Board adoption of the proposed changes to article 133-51 and 133-52 of the zoning ordinance. Mr. Taylor SECONDED the motion.

Chairman Watman clarified that with the passage of this motion, the Selectmen are approving 133-51 with the addition of the last sentence: “The Board of Selectmen may choose a designee to act on their behalf,” and 133-52 which includes the addition of “their designee” in the first part and then eliminates “this permit” through the end of the sentence. It includes, “The Selectmen shall adopt regulations in implementing the permit system with the addition and associated fee”.

Mr. Taylor said that the Planning Board is going to have minimum requests. Most of their work will involve dotting I’s and crossing T’s.

Chairman Watman stated that there is a requirement of obtaining a building permit. Construction with a total cost of materials $5,000 and under does not.

Mr. Flynn confirmed that requirement. Adding that inspections are not required with those permits that total $5,000 and under.

Chairman Watman called for further discussion. Hearing none, he called for the Board’s vote. It was APPROVED unanimously.

Mr. Damour MOVED to approve the minutes as amended. Mrs. Morse SECONDED the motion. It was APPROVED unanimously.

Item 7: First Reading: Suggested revision to the Town’s ‘Disposal of Goods’ policy

Mr. Flynn reviewed the proposed changes with regard to the policy. The suggested change was introduced by two department heads that have large items that will be auctioned off, a police cruiser and a fire truck. It has traditionally been done through the State surplus auction. Mr. Flynn has been advised by the fire chief that he is aware of very large bids being offered for these large items, sometimes double of what is received at the State auction. Mr. Flynn said there could be small fees to pay to advertise on the Internet auction sites, but he would have that information available for the public hearing. The departments have retained their items pending the outcome of this proposed revision.

Mr. Damour indicated he thought what was in place was already consistent with what the policy stated. He suggested using the phrase “internet auction” to avoid infringing on a registered trademark.

Chairman Watman asked if there was objection to that change. Hearing none, Chairman Watman confirmed that the wording “E-Bay/Internet” would be changed to “Internet auctions”. This change was accepted by unanimous consent. Mrs. Morse MOVED the policy to the second reading. Mr. Parker SECONDED the motion. It was APPROVED unanimously.

Item 8: First Reading: Inclusion of Angela Robinson Bandstand as prohibited area for ‘people powered’ vehicles

Mr. Flynn addressed the issue of skateboards traveling through Community Park, through the bandstand and launching off the front of the steps damaging some of the boards. Mr. Flynn approached one of the skateboarders, asked him to refrain from passing through the bandstand and the person asked where the sign was prohibiting that activity. Mr. Flynn admitted there was no sign and there was no regulation about that activity. The policy refers to downtown sidewalks and walkways.

Mr. Damour said he agreed something should be done, but disagreed this was the proper place to add this. Language could be added to protect all town parks and usage of the parks against “people powered” vehicles except in designated areas.

Mr. Damour said the original date of the ordinance is 1992 when the issue related more to people on rollerblades, skateboards and roller skates.

Mr. Flynn suggested the change be made in section 124-5-A to add the words “public bandstand”.

Mr. Damour said it’s his opinion it is already covered under the word “walkway” because the bandstand is a public walkway. It’s not designed to be anything other than that.

Mrs. Morse said she would like to see all parks included, but is not sure the Board is in that position. If nothing else, all this ordinance may do is provide enforcement for the police to say it’s against the public ordinance.

Mr. Parker said he agreed with Mr. Damour that it is already covered because they’re on the sidewalk getting to the bandstand, but he also has no problem adding the words “public bandstand”.

Chairman Watman suggested adding verbiage to include public walkways, sidewalks, town buildings or town property.

Stephany Marchut Lavallee asked if Mr. Flynn had seen the actual damage occurring, who would be paying for the damage; could that be considered destruction of park property.

Chairman Watman said the question is: Does the Board want to prohibit the skateboards from the whole park. It may be easier to close off the whole area than to specify which parts they are prohibited from using.

Mr. Flynn said it is a good thing for them to be using the park road and keep them off the sidewalks.

Mr. Damour said the ordinance is specific to the downtown area. He suggested the phrase, “Town-owned property in the downtown area prohibited”. All town parks could be included.

Chairman Watman said the Board seemed to have a consensus that item 124-5-A is to include something relative to town-owned property; and a description of specific downtown areas to include Azalea, Community and Woodman Parks.

Chairman Watman asked if there was objection to those changes. Hearing none, the amendments are APPROVED by consensus. Mr. Damour MOVED item 8 to a second reading. Mr. Taylor SECONDED that motion. It was APPROVED unanimously.

Mr. Flynn reviewed a memo from Laura Scott, Planning Consultant, dated August 11, 2008 relative to property review of potential junkyards. This correspondence contained a chronology of what action has taken place. What Laura has spelled out is the proper method the Board should be following to carry the requests to compliance or a variance through the Planning Board application process.

Chairman Watman asked if the subsequent action for those properties listed in the correspondence is that the Board request legal counsel to send a letter to all these owners; Mr. Flynn said yes.

Mrs. Morse asked whether the property located on Old Hillsborough Road was included in the list.

Mr. Flynn said that the list was compiled before Mrs. Morse received the complaint.

Mr. Damour said that the property in question may not meet the definition of “junkyard” but its use may be a violation of zoning.

Mr. Flynn said the property has a chronology; items disappear and then other items return in their place.

Chairman Watman said the properties contained on the list provided by Laura Scott have been warned frequently and have been in operation the longest.

Mr. Damour said both properties are in violation of a court order, there would be no need to re-litigate. Their situation is different. They should receive correspondence that they are in violation giving them an opportunity to comply.

Chairman Watman suggested Mr. Flynn or Laura Scott keep track of the properties or as others are added to the list so enforcement can be consistent.

Mr. Flynn asked for assurance from the Board to proceed on this issue as it may become expensive.

Mr. Damour said in all probability, the expense would not be recouped. The Town already has liens against some of the properties.

Mr. Flynn said he would feel comfortable consulting with Town counsel to determine the route to take.

Chairman Watman said the issue is not unique to Henniker, but the point is to proceed in a consistent manner.

Mr. Parker wondered whether this is part of a bigger issue in terms of establishing a permit.

Mr. Damour said he didn’t think the permit process changes anything. The landowners are doing things that are not allowed.

Mr. Parker MOVED that the recommendation is carried out and the action as recommended. Mr. Damour SECONDED the motion. Chairman Watman clarified that it has been moved and seconded to refer these cases to the town attorney for the next action. It was APPROVED unanimously.

Mrs. Morse asked about different audits performed by PSNH. It was her memory that they may have provided infrared heat loss studies to homeowners. She wondered if further audits were to be done, who could be contacted.

Mr. Flynn said the solution could be to pay a contractor or an engineering firm.

Mr. Flynn went on to say the worst building relative to heat loss is the Grange due to the windows. Replacement windows would be costly in that building.

Chairman Watman inquired of all the buildings PSNH did the audit on, which is the worst building relative to lights.

Mr. Damour said the audit suggested $1,200 annual savings with the installation of energy efficient lighting in the fire station.

Chairman Watman said a motion had been made at a prior meeting to enforce the residency requirements as they exist. He asked them about enforcement of the sticker system.

Mr. Flynn confirmed that motion had been made. The attendants are catching items that don’t belong at the transfer station and people without stickers.

Chairman Watman recalled that part of the motion referenced some sort of public announcement of the regulation being strictly enforced in advance of the enforcement.

Mr. Taylor reported the newly installed base for the gate in order to regulate traffic to travel below had been installed and work on the gate is progressing.

Chairman Watman said it would be beneficial that any of the moves to improve enforcement should be preceded by good public information.

Chairman Watman said the Board had made a decision regarding enforcement and it has an expectation that it gets carried out.

Mr. Flynn apologized to the Board and Chairman for not heeding to that immediately.

Mr. Taylor inquired whether Russ Roy would also be providing revenue projections so far this year; Mr. Flynn said yes.

Mrs. Morse inquired of the standing of the sidewalk that Advance Paving is supposed to be performing on Western Avenue.

Mrs. Morse would also like to know where the sidewalk is to begin and where the curbing ends.

Hearing no further questions for Mr. Flynn, Chairman Watman moved the meeting to the Selectmen’s Reports.

Mr. Taylor reports that a member of the Henniker Conservation Committee/Open Space Subcommittee offered her home to host the next meeting on Wednesday, October 1. He wondered whether she was prepared to post that and to accept members of the public who wished to participate.

Chairman Watman went on to add that it may consist of a small group of people who may decide to put some land into conservation.

Mr. Taylor said the Planning Board has not given final approval to the plans submitted for a site near Route 114; a site walk is scheduled on another parcel; the Board is looking at two subdivisions and some minor things concerning the warrant as far as zoning changes.

Mr. Parker addressed the upcoming meeting regarding New Hampshire health officers and what their responsibilities are. An observation that Mr. Parker had after attendance at many of these gatherings is that Henniker is a nice place to live comparatively. One presentation given by Amy Beaulieau of the Local Government Center related to communication skills among the public and with others. Body language and vocal intonation are more important tools in effective communication than the actual words that are used. Ms. Beaulieau also discussed passive/aggressive or assertive roles relative to information exchange.

As an aside, Mr. Parker indicated that he gives directions to the Henniker District Court to many people. He is wondering whether signage could be strategically placed to assist people using the court to help them find their way.

Mrs. Morse reported on the Recycling Committee. The Committee is taking on the charge of consulting with the business community and the Rotary to encourage the local businesses to participate in green efforts.

Mr. Damour indicated there is a draft update for the personnel policy. It may be added to an upcoming agenda.

Chairman Watman reported on the Conservation Commission. They have received a legal opinion dealing with conservation expenditures. A landowner has expressed interest in conveying a conservation easement to the Society for the Protection of New Hampshire Forests. Town Counsel has issued an opinion about how to achieve this transfer. This may be an issue that arises at a future time.

Mr. Damour mentioned that Joe Parris passed away today [September 16, 2008]. Would it be fitting for the Town to send flowers to the family. Hearing no objection, the Board was in agreement.

Mr. Flynn suggested observing a moment of silence for Joe Parris’ contributions to the Town.

Chairman Watman called for further business from the Board. Hearing none, Mr. Damour MOVED the meeting be adjourned. Mrs. Morse SECONCED the motion. It was APPROVED unanimously.

MEMBERS PRESENT: Tom Watman, Chairman; Joseph Damour, Vice-Chair; Leon Parker; Cheryl Morse; Ron Taylor; Peter Flynn, Town Administrator.

OTHERS PRESENT: Debbie Damour; Stephany Marchut Lavallee; Gwen Airgood; Jean Durgin; John and Eleanor Kjellman; William Christiano; Ron Caldwell; Terri and Maggie Trier; Marti Capuco; MaryEllen Schule; Kim Johnson; Martha Taylor; Nina Morse; Scott Davison; John Margeson; Gertrude and Don Blanchard; Mabekoena Sekano.

Chairman Watman called the meeting to order at 6:15 p.m. The Pledge of Allegiance was recited.

Mr. Damour MOVED to act upon the consent agenda. Mr. Parker SECONDED the motion. It was APPROVED unanimously.

John Kjellman gave a brief update on the Solid Waste Disposal Committee (SWDC). The committee participated in tours of Wheelabrator, the Franklin incinerator and the Henniker Transfer station. Mr. Donald Maurer of DES presented data relative to what other towns are participating in compared with Henniker. Mr. Maurer’s data indicated that Henniker’s recycling rate is about 16% while the state average is 20%. This may be an area where improvements could be made. A presentation by Northeast Resource Recovery Association is scheduled for the Committee’s next meeting.

John went on to address the topic of Old Home Days. He made the suggestion that funds be earmarked in the budget for a smaller scale celebration next year.

Jean Durgin wished to address the Board relative to the numbering system instituted by the 911 change. Although Jean’s house number has been designated as 21 Highland Drive, in some cases it has defaulted to 408. Jean has made inquiry of the local post office why her address number 21 is not being recognized. The post office advised Jean to address it with the Town. Jean indicated she is making the change, she is correcting it and it still reverts to 408. Jean’s residence number has been successfully changed with some credit card companies, but she seems to be having difficulty with one in particular.

Chairman Watman was surprised the post office had not exchanged all former numbers for the new ones.

Jean added that a local bank also recognized her address as 408. Jean explained that 408 is now the person who was previously 21. The resident that was 21 is now number 408.

Mr. Damour indicated that most companies have an automated database. It may be that Jean will have to contact the companies and speak to a customer service representative who can change the address manually.

John Kjellman added that this problem was predicted when the renumbering system was instituted. There was a comparison done of the old database versus the new and Jean’s numbering issue may have slipped through. It may be that someone needs a new house number.

Chairman Watman indicated that Jean will have to address the issue with the individual companies. He went on to add that it wasn’t an issue that the Town had any control over.

Mrs. Morse said it may be that Jean will have to hand-deliver her request to each entity to change the number.

Chairman Watman indicated he would have to interrupt the Public Forum to move on to other matters. He would, however, return if there was the need for further discussion. Chairman Watman indicated perhaps Mr. Flynn would be of some assistance in gathering information from the post office relative to Jean’s issue.

Chairman Watman invited all members of the Old Home Days Committee (OHDC) to stand and receive the Proclamation. The Proclamation was read by Chairman Watman and presented to Terri Trier who received the plaque on behalf of the OHDC.

Chairman Watman then presented to the Committee members the signed plaque which will be placed in the hallway of Town Hall. All members of the Committee received individual copies of the Proclamation. Chairman Watman extended his appreciation for all the work the Committee had done for such a successful celebration.

Terri Trier addressed funding of the Committee. Terri stated that although she didn’t have a prepared report for presentation, that approximately $4,044 was raised and $3,600 expended. A large expense was signage, which could be reused.

Terri went on to say that they may form a separate committee called the Henniker Spirit Committee to oversee smaller venues. She added that collaboration with NEC was envisioned in the future.

Mr. Flynn reviewed the origin of the ordinance and the proposed policy relating to water discharged from sump pumps or similar devices onto public sidewalks and roads. He presented the ordinance at this time for public hearing.

Chairman Watman called for questions, opinions or advice from audience members. Hearing none, he then called for questions from the Board. As there were no questions from the Board, Chairman Watman inquired of the Board what they wished to do.

Mr. Damour MOVED to pass over the third reading and approve the ordinance as presented. Mrs. Morse SECONDED the motion. It was APPROVED unanimously.

Chairman Watman pointed out there was a typo in which one of the sections of the existing number 7 was omitted. The two changes are as posted on the initial agenda but are renumbered as sections “c” and “d”.

Mr. Flynn said he inadvertently eliminated “b”. The recommendation should refer to “c” and “d”, not “b” and “c”.

Chairman Watman indicated the basic intent is to notify all the committees appointed by the Board that they need to post notices of their meetings, keep minutes and proper records as required by state law.

Kim Johnson asked why September 1^st was picked as the expiration date of the terms. Election results she is required to report could change when the September 1^st date arrives. The appointments don’t correspond with March elections as they’re appointed until September.

Chairman Watman indicated that issue wasn’t part of the proposed changes. It was thought it may be easier to handle the long process of recruiting and filling vacancies during the summer months when the demands on the Board were somewhat reduced.

Martha Taylor stated her recall was that the Abandoned Cemetery Committee had been abandoned.

Chairman Watman said it had indeed been abandoned and should be eliminated from the list.

Chairman Watman called for discussion or opinions from the public relative to the proposed revision of Committees and Boards Policy.

Stephany Marchut Lavallee referenced the posting requirements of it being posted in two places. She wondered if it would be possible to also post it on the Town’s website.

Mr. Flynn responded that an issue with posting it on the website is that there may be glitches and mistakes made.

Chairman Watman inquired of the Board members whether there was objection to posting this information on the website “in addition to”.

Mr. Damour didn’t think it was appropriate in this particular policy given the specific legal requirements regarding posting. Mr. Damour went on to add that he was not sure the website would qualify as a legal posting, but it would be reasonable to post it on the website in addition to the two legally required postings.

Chairman Watman stated he understood the Board did not have unanimous consent. He directed the Town Administrator that, whenever possible, to also post on the website.

Chairman Watman inquired whether there was objection to inclusion of the RSAs within the proposed revision. Hearing none, Chairman Watman ruled that by UNANIMOUS CONSENT, such changes are authorized.

Mr. Damour MOVED to accept the proposed revision as changed and waive the third reading. Mr. Parked SECONDED the motion. It was APPROVED unanimously.

Stephany Marchut Lavallee had a question about not being able to receive a receipt in the Town Hall for photocopying she paid for.

Chairman Watman said he recalled some discussion regarding a policy reference receipts.

Mr. Flynn said there is a policy in place. Stephany should have received a receipt and he would investigate that issue.

Chairman Watman called for further discussion from the public regarding the Public Forum. Hearing none, he moved the meeting to Item 3.

Martha Taylor discussed restoration of the Town’s two stage curtains: One depicts the Edna Dean Proctor stone bridge which originally hung on the stage in Town Hall; the other is an advertising curtain believed to have been hung in Academy Hall. She provided a photograph of the stone bridge curtain superimposed in its proposed location. The Historical Society has raised enough money to have both curtains restored by professional conservators. This work has commenced.

Martha said the Historical Society is asking permission from the Selectmen to permanently hang the stone bridge curtain in the Community Center. This proposal has been approved by the Fire Chief. It is the Historical Society’s desire to cover the curtain with Plexiglas to prevent handling.

Mrs. Morse said that a common problem at the Community Center has been acoustics. The curtain would stop the sound from bouncing off the walls and would help with acoustic issues.

Martha said there are is no cost to the town. She added that the curtains are artifacts and the Historical Society does not insure artifacts.

Mrs. Morse inquired whether the chemicals used in the restoration would render the curtains flame retardant.

Martha said no, and that’s why they engaged in discussions with the Fire Chief about it. Given the scenario of where the curtain would be hung flat against the wall and not much traffic would pass by it, it was felt the location was appropriate.

Chairman Watman inquired of Mr. Flynn whether there were any types of agreements the Selectmen needed to be aware of or was it simply action by the Board.

Mr. Flynn indicated it was simply an action by the Board. Mr. Flynn suggested maybe a waiver should be in place stating the Town is not responsible for any damage to the curtains.

Mr. Damour suggested it ought to be a written agreement that all parties can sign.

Martha Taylor said the Historical Society was hoping to install the curtain on Thursday [September 11, 2008].

Mr. Damour MOVED to accept the Historical Society’s proposal for a stage curtain to be placed in the Community Center. Mrs. Morse SECONDED the motion. It was APPROVED unanimously. [Mr. Taylor abstained].

Item 4: Discussion Re: Selectmen’s recommendation (if any) for Zoning Amendments for 2009 Town Meeting

Chairman Watman referenced a communication from the planning consultant dated July 28, 2008, which included a draft of additions to Article XIII, Sections 133-51, 133-52 and 133-53 of the Zoning Ordinance.

Mr. Flynn indicated that the import of the Amendment was that the Selectmen should designate officially the position of building inspector to perform inspections. It is the contention of the planning consultant that because it’s not clearly stated, the process is not legal. Historically there probably was an appointment to that position. Without the specific verbiage in the zoning ordinance, it may be challenged.

Chairman Watman inquired of Mr. Flynn whether this specific question had been referred to town counsel.

Chairman Watman then MOVED that the issue be referred to town counsel to solicit his opinion whether this is a necessary action by the Board. Mr. Damour SECONDED the motion.

Mr. Parker asked if the second paragraph in the amendment dealt with the controversial $5,000 sum.

Mr. Taylor said it was his opinion the proposed language makes the amendment better and easier.

Chairman Watman said that town counsel provides opinions to the Planning and Zoning Boards and the Conservation Commission.

Mr. Taylor added that he didn’t find anything in the ordinance that stated the building inspector can act as a building inspector. He didn’t think it had been voted in over the years.

Mr. Damour added that wasn’t necessary because the Board of Selectmen are authorized and have that duty. How the Board performs that duty is within their purview. The RSAs empower the Board to hire employees.

Mr. Damour said if town counsel has already received it and has formed a legal opinion, the Board should have that opinion. The specific question is: Is the amendment necessary to be enforceable.

Chairman Watman called for the Board’s vote. The motion was APPROVED unanimously.

Chairman Watman reviewed the history of the request. It was referred to town counsel for a legal opinion relative to the alternatives available. Town counsel returned three to four options that could be carried out legally. The request was then tabled for further discussion at tonight’s meeting.

Mrs. Morse made a point of information for the public that the closure requested involved closure to motor vehicles not closure to public use, which is very different.

Chairman Watman invited discussion and direction from the Board. Chairman Watman informed the Board that the Hopkinton board deferred to the Henniker board regarding the closure.

Mr. Parker referenced comments made at a previous hearing by Cordell Johnson and the discussion following each of the alternatives to the current situation, which raised real issues about who is going to be responsible and who has what role. Given all the issues relative to the alternatives, Mr. Parker would like to see the situation unchanged.

Chairman Watman concurred with Mr. Parker’s position, but for a different reason. He is not persuaded that a legitimate reason exists to order the closure.

Mrs. Morse said of concern to her was the four-wheeled traffic. It is her understanding the State made it illegal for four-wheeled traffic on Class VI roads a few years ago.

Mrs. Morse suggested that perhaps an option could be they would request that the road prohibit off-road vehicles certain times of the year.

Mr. Damour said that the postings didn’t apply to off-highway vehicles as they’re not legally allowed on a Class VI road, the road can only be posted for vehicular traffic.

Chairman Watman referred the Board to Robert Wells’ original request, which included prohibition to all motorized vehicles, including trucks and all terrain vehicles.

Chairman Watman MOVED to deny the request for the closure of Shaker Hill Road/Pet Dow Road to all motorized vehicles. Mr. Damour SECONDED the motion.

Mrs. Morse stated she understood their position, but enforcement would be a tough issue. Mr. Taylor agreed.

Mrs. Morse MOVED to approve the minutes with corrections. Mr. Parker SECONDED the motion. It was APPROVED unanimously. [Mr. Taylor abstained from voting as he was absent for the August 5, 2008 meeting].

Item 7: Discussion and request for step advance for Highway Department employee

Mr. Flynn reviewed the memo he submitted for the Board’s consideration regarding a step advance for Brian Weikel. He is in concurrence with the requested step advance.

John Margeson praised Brian’s work since coming on board over two years ago. As well as performing his duties for the Highway Department as fleet mechanic, he also maintains fire and rescue equipment for the Town and assists with plowing during the winter months. John pointed out this was not a grade increase but a step increase. John said Brian was hired at step 5B, he received an increase after his first-year review and he would be eligible for step 6B at this year’s review. His current rate of pay is $18.50.

Mrs. Morse stated that historically the goal is to assure salaries remain within the median range. It is her feeling that the figure of $19.29 per hour is well within that range.

John added that Brian attained certification with regard to maintenance and repair of the fire and rescue pumps. John said that Brian does inspections for other town departments also. John went on to add that Brian was a good “fit” within the department.

Chairman Watman said that there have been positive comments from citizens and other departments since Brian has come on board. It’s a good indication of the caliber of his work.

Mr. Damour MOVED to accept the Town Administrator’s recommendation to increase Brian Weikel from a step 6B to 7C. Mrs. Morse SECONDED the motion.

Chairman Watman called for a vote of the Board. The motion was APPROVED unanimously.

Mr. Flynn presented options for consideration relative to Transfer Station sticker enforcement. The highlighted portions are as follows:

· Stickers are small and difficult to identify and are found in inconsistent locations.

· Introduction of a new sticker to be labeled as an identification card which is clearly visible;

· If there is no plastic ID card, the user must obtain and produce a temporary transfer station permit.

· User would be required to obtain a permit from the Selectmen’s office if vehicle registration is not possible;

· Period of official change to plastic ID card will be after a one-year turnaround of new registration issuances;

· Identification of issuance of ID card would be the same as presently required by the Town Clerk, i.e., proof of residency.

· Relieve the Transfer Station attendants of the burden of checking proof of residency. This sometimes causes irritation and aggression towards the Transfer Station attendants;

· Should be a simple task for the Town Clerk’s office because strict identification criteria are already in place;

· Burden to obtain proof of user qualification without a registration can be secured by the Selectmen’s staff;

· Public will be better served with a more thorough process without being interrupted at the transfer station.

· Assign police officers at the Transfer Station throughout the year to assist with enforcement;

· Introduce new rules through the usual adoption process of a first reading and a public hearing.

· Printing should entail only a few hundred dollars and possible payroll for special duty officers.

John Kjellman said it sounded like overkill. He wondered how much of a problem it really was at the Transfer Station.

John said it seemed like the stickers themselves aren’t particularly visible or legible. If the sticker were bigger and could be seen from farther away, that may alleviate some of the concern.

Chairman Watman said he didn’t think there was sufficient enforcement to be able to confirm what percentage of people may be using the Transfer Station that are non-residents.

Stephany Marchut Lavallee commented that her experience has been the Transfer Station was a social place and had not experienced angry people there.

Eleanor Kjellman added that she visits the Transfer Station often and does not have a sticker on her vehicle. It may be known by the attendants that she is a resident of Henniker so she has not been required to purchase a sticker. Eleanor agreed that a bigger sticker that could be moved to a more visible location would be a good start. She also suggested that strict enforcement would condition residents to have their stickers located in the correct location, on the appropriate windows and be clearly visible.

Mr. Flynn said there would be a special provision for campers to provide proof of temporary residence.

Chairman Watman said development of a system to permit anyone who had a legitimate reason to be there should be easily accomplished.

Mr. Taylor said that the local campgrounds do provide dumpsters for their campers. It’s the long-term campgrounds that may not provide that service.

Chairman Watman stressed simplification of the guidelines. The process that was outlined may be too complicated.

Gertrude Blanchard added that if the regulations were too stringent, people may start dumping their trash on other people’s property if they don’t have access to the Transfer Station.

Kim Johnson wondered how bad the situation was at the Transfer Station. She also wondered if the attendants would check the plate number listed on the placard against the plate number on the car.

Kim said that her experience has been that her office has its share of unhappy customers and proof of residency can be a difficult issue to deal with. Proof of residency isn’t something that new residents would consider until the time comes to register their vehicles. Also if a number of vehicles are owned by one person, how is the Town Clerk to keep track of which vehicles have been issued placards for the Transfer Station. Kim went on to discuss the issue of the extra fee to mail out plastic decals. With the new registration requirements in place, there would be many new procedures for Town Clerk employees to familiarize themselves with which may be very time-consuming while the public waits at the front counter.

Mrs. Morse indicated that proof of residence is already required at the Town Clerk’s office to register vehicles, it may make sense to have residents provide the proof once. She commented that there are a lot of issues that would need to be considered with the proposal.

Chairman Watman asked Mr. Flynn how many people have been referred to him by the Transfer Station employees as having questionable residence.

Mr. Taylor asked about the issue of corresponding colors to corresponding years and whether the color coding would become confusing if you had two or more colors overlapping.

Mr. Parker stated he thought enforcement was the real issue. He was in agreement to increase the size of the sticker and uniform placement of the sticker in a car window.

Chairman Watman MOVED the Board instruct the Town Administrator to see the current residency requirements at the Transfer Station are actively and aggressively enforced effective immediately. Mr. Damour SECONDED the motion.

Chairman Watman called for discussion. He stated the Town Administrator and the superintendent of the Transfer Station should work together to compile suggestions about enforcement.

Chairman Watman clarified that the immediate enforcement meant that after a sufficient period of notification to allow people to understand what enforcement would entail.

Mr. Parker stated that a system is already in place and people already have notice of it, enforcement should commence immediately.

Chairman Watman said that enforcement on a consistent basis seemed to make the most sense.

Mrs. Morse asked if police enforcement was necessary in the case of violent reactions, that request would come from the Transfer Station superintendent.

Chairman Watman assumed that if there were issues, the police would be called. The employees should not be abused while enforcing rules of the Transfer Station.

Mr. Parker referenced Solid Waste Rules and Regulations where the rules governing who can and cannot use the Henniker Transfer Station are clearly set out.

Mabakoena Sekano suggested that video cameras could be installed on the streets of Henniker to record anyone that may be dumping trash.

Chairman Watman redirected the Board’s focus to enforcement of the current regulations of the Transfer Station. Without further discussion, the MOTION passed unanimously.

Item 9: Item 9 cancelled – Possible appointment of Emergency Management Director

Item 10: First reading: Policy of donation of $5,000 as threshold for public hearing requirement

Mr. Flynn advised the Board that contained in the list of bills that was reviewed this year by the New Hampshire Municipal Association, it was noted that the acceptance of donated property has been revised. Mr. Flynn recited the verbiage contained in HB 1168 and referenced RSA 31:95-e.

Chairman Watman clarified that the proposed policy is to adopt what the Legislature has made for a change in the statute; however, the town is not required to do that. It may set out a lower standard.

Mr. Damour indicated that in the material the Board received, the reference to the RSAs was confusing as three separate statues were listed in the text of the policy.

Mr. Parker wondered whether it would be appropriate to accept the concept and ask the Town Administrator to prepare it for a second reading.

Mr. Flynn indicated it could be clarified with town counsel before the public hearing.

Mr. Damour MOVED Item 10 to a second reading. Mr. Taylor SECONDED the motion. It was APPROVED unanimously.

Mr. Flynn talked about two situations this past year that resulted in a change of bids midstream; one was a $10,000 discrepancy in the bid for renovations to the police station, the other being the increase in fees relative to asphalt. Mr. Flynn directed the Board’s attention to pages three and four where additional language has been proposed.

This language would guarantee a bid amount for a set period of time (30 days was suggested) and would also required all bidders to submit a check for $100 to cover administrative fees and advertising should the bid need to be resubmitted.

Chairman Watman clarified that these criteria referred to bids. It would serve as a guide as to what is expected during the bidding process.

Mr. Damour said one date refers to the amount of time that would hold the price and the other period would be a performance date, which would be different.

Chairman Watman indicated if it was moved for a second reading, a legitimate point of clarification would be whether or not the 30 days which is for the holding of the quote is the same item as what is contained on page four.

Mrs. Morse raised a question relating to the procurement policy. DOT had provided information to the Board about inclusion of price adjustment provisions as part of contract specs to remove uncertainty from the bidding process. This may be information kept on file for future projects requiring bids.

Chairman Watman suggested that since it involves an attempt to enforce a contractual agreement, it should be referred to town counsel.

Mr. Damour added that the $100 fee for a bid in the range of $3,000 or $4,000 seemed excessive. Perhaps there should be a higher limit in the bidding process which would make the $100 fee more reasonable.

Chairman Watman indicated he understood the consensus to refer the matter to town counsel and review DOT recommendations. Mrs. Morse MOVED to hold Item 11 over for a second reading. Mr. Damour SECONDED the motion. It was APPROVED unanimously.

Chairman Watman indicated the Board had received a brief legal opinion that indicated town counsel has been unable to identify anything that is illegal about spouses being on the same committee.

Eleanor Kjellman added that she was surprised to find in the New Hampshire Legislature there are several couples serving and several couples running. She added she knew of at least one instance where the couples that served were serving on the same committee in the Legislature.

Chairman Watman indicated since there was nothing illegal about it, his interpretation is that discretion is left with local control.

Chairman Watman asked if any Board member wished to propose action at this point in time. If not, the issue can be brought up at some other point in time as a proposal should any board member so desire.

Mr. Parker said it is difficult to get volunteers and he would be reluctant to set a policy that precludes couples serving, but would like to see a policy where it is a consideration.

Chairman Watman suggested asking the Town Administrator to look at the Committee Policy and see if it should be introduced as a proposal that puts that issue into the policy. That may be the most appropriate place for that issue.

Hearing no further discussion relative to Item 12, Chairman Watman moved on to the next item.

Chairman Watman indicated there were numerous reports of citizens wanting to know why certain driveways were plowed by the Town and to identify the specific roads this involved. The following roads were included: Blanchard Drive, Ezekiel Smith Road, Lyman Road, Faulkner Road and a road off 41 Patterson Hill.

Chairman Watman requested a history of what particular arrangements had been made regarding plowing of the roads. That may be accomplished by contacting the abutters.

John Margeson said the five roads previously listed have one single home on them; there are two others that have two houses on them.

Chairman Watman said the Board’s attention would focus first on identifying which roads are involved, how they got to this particular status, and then a decision may be made whether to pursue the issue further.

Mr. Damour added that all roads at one time were plowed. If a road reverted to a Class V road, the Town is required by statute to continue to maintain it.

Chairman Watman suggested authorization to the Town Administrator to check the list of roads for completeness; attempt to contact the people who live in these areas being serviced by the roads; and acquire some history or reasons why the road has been maintained by the Town. Chairman Watman asked if the Board had any objection.

Mrs. Morse asked for a point of reference. She wondered if there was a date specific where the roads were classified and from that point forwarded considered Class V.

Mr. Damour doubted there would be documentation of that information. He added that subdivision regulations brought the roads up to Town standard.

Chairman Watman indicated unless he heard objection, the matter would be authorized for further investigation by unanimous consent.

Mr. Flynn asked for a point of clarification regarding his charge. His understanding was he was to contact the residents living on these roads and ask them if they can offer any historical information as to the road status.

Mr. Taylor added that the Historical Society may have references on it. Cindy Marsland may also be of assistance.

John Margeson said that there is a theory that the town plowed the roads to allow local farmers to transport their milk from their farm in the winter months.

· The Road Management Committee will be meeting in two weeks. They will be coming to the Selectmen with a specific road management plan.

· Land Sales. An offer was expected this week on Stonehenge, but didn’t come to fruition. There is still strong interest.

· Western Avenue sidewalk culvert work is being done by Mark Moser to help process the necessary DES permits.

· Davison Road shoulder work was to be done by August. Mr. Taylor reported work was being done today [September 2, 2008].

· Athletic Committee will be bringing forth a warrant article for funding for future fields or repair of fields.

· Western Avenue Bridge project is still awaiting DOT response to the cost estimate.

· Committees and Boards Policy – agenda and minutes posting requirements was acted on at tonight’s meeting.

· Short term engineering for town projects related to discussion relative to hiring Mark Moser.

· Spouses and household members on same committee was dealt with at tonight’s meeting.

· Zoning Amendment for 2009 Town Meeting Re: Building Permits was discussed at tonight’s meeting.

· Re-advertise vacancies on Town Committees is being actively pursued by Mr. Flynn through personal recruitment.

Chairman Watman asked Mr. Flynn about the Old Home Day Committee relative to Terri Trier’s discussion about setting up another organization; what that meant about the use of the money and the existing committee.

Mr. Flynn said he advised Terri there was a process to be followed. The group wanted to dissolve the name “Old Home Day Committee” and change it to the “Henniker Spirit Committee” which will focus on smaller venues. There is also a process to be followed for the transfer of leftover funds and dissolution of the committee.

Mr. Flynn said the group would apply for the new committee which would involve a three year appointment.

Chairman Watman commented on the hard-working group and would encourage them to continue.

Mr. Taylor reported on lot line adjustments made at the recent planning board work session [August 27, 2008]; work involving warrants; requirements for the proposed Golden Donuts franchise. Also Laura Scott’s UNH students had provided preliminary measurements of the town’s roads; and a proposed subdivision was discussed.

Mrs. Morse reported the Athletic Committee is progressing well; the Recycling Committee is becoming more active.

Mrs. Morse inquired whether a recommendation coming from the energy audit would include timers on the heating units in five of the major municipal buildings.

Mrs. Morse addressed the issue of junkyards relative to a concern a resident had recently brought to her attention.

Mrs. Morse also addressed the new assessment, the companies that might be retained to provide these services (Avitar and Vision) and different methodologies that could be applied. According to the last two assessments, there has been almost no exchange of commercial property within the Town of Henniker and very little exchange of large old homes.

Mr. Parker described the training he received regarding the selectmen’s role in the election process. He described recount requirements; swearing in of Town officers; supplying an adequate number of proper pens at polling places; attendance of selectmen at the polling places; and the importance of accuracy in tallying the results.

Chairman Watman called for further business to address. Hearing none, Mr. Damour MOVED to adjourn the meeting. Mrs. Morse SECONDED the motion. It was APPROVED unanimously.

Approved

MEMBERS PRESENT: Tom Watman, Chairman; Joe Damour; Leon Parker; Cheryl Morse; Peter Flynn, Town Administrator.

OTHERS PRESENT: Debbie Damour; John Kjellman; Dennis McAfee; Jill Fournier; Ken Levesque; John Margeson; Vicky McCloskey; Lisa and Bob Nevins.

Chairman Watman called the meeting to order at 6:15 p.m. The Pledge of Allegiance was recited.

Mr. Damour MOVED to approve the consent agenda. Mrs. Morse SECONDED the motion. It was APPROVED unanimously.

John Kjellman commented on the Old Home Days (OHD) celebration this past weekend. He thought the festivities were great and would like to see the town do something more official on a regular basis. He suggested perhaps a Friday night block party every other year. The group organizing OHD were volunteers.

Dennis McAfee mentioned reading the article written by Michael Pon of The Villager regarding the Class VI roads, which was addressed at the July 15, 2008 Selectmen’s Meeting. Dennis visited the site. He commented on his observations of lack of erosion. He also said that Class VI roads were a wonderful way to be in touch with New Hampshire’s forests and it is a treasure. Dennis submitted photographs he had taken and also copies of RSAs. He referenced the phrase “subject to gates and bars” which is quoted in the RSAs because farmers moved livestock back and forth, but it can never block people from using the Class VI roads. He sees no law that would allow its permanent closure.

Dennis also referenced large logs that have been placed across the road. He indicated that fire departments as well as sheriffs departments have advised the landowners they are prohibited from doing this. It carries the same fine and penalty as if it were done on an interstate highway. Dennis mentioned parties that blocked these roads were arrested, charged and paid monetary penalties. In closing, Dennis encouraged a walk-through.

Item 1: Health Officer – Jill Fournier – general updates on state and local health department issues.

Jill Fournier referenced the material she had disseminated earlier. She went on to update what’s happening in and around New Hampshire reference EEE (Eastern Equine Encephalitis), Lyme Disease, West Nile Virus and Avian Flu.

There has been no reported activity in 2008 reference EEE thus far. The active time frame for EEE is late July into late September.

There have also been no positive mosquito pools or human cases of West Nile Virus so far for 2008; however, there have been some reports of activity in Connecticut, Massachusetts and New York.

The State continues to monitor Avian Flu closely. There is information on the Department of Health and Human Services (DHHS) website. As of mid-June, there have been 385 confirmed cases of Avian Flu worldwide with 243 deaths. None in the United States.

Lyme Disease is one of the common diseases seen in New Hampshire. As of July 11 there have been 238 confirmed cases.

There have been 18 confirmed cases of rabies in the state in 2008. None in Henniker so far in 2008, but it has been an issue in the past. As there are certain requirements for transportation of animals, testing for the virus is not always possible.

Jill also made reference to various classes, conferences and meetings she has attended in the state. She referenced what originated as a Small Pox plan but which has now expanded into the All Hazard plan that has been updated to include the above-referenced concerns. Some of the groups include: weekly outbreak meetings of the DHHS and Capital Region Area Network and the state Infection Control Practitioners Group. Jill talked about a state-wide 4^th Annual Emergency Preparedness Conference she attended which she found very informative. It focused on a recent hostage issue in Rochester which involved many different police departments. During that conference she participated in a break-out session dealing with psychological first aid. This she found interesting because it was relative to the Town’s emergency plan. She talked about her original review of the Town’s plan reference very large-scale outbreaks of meningitis or Hepatitis A or the flu. The State has begun to incorporate that into their plans, which is something she had encouraged be incorporated into the Town’s plan.

There are many volunteers available throughout the state to give psychological support during disastrous events, which is a good resource for the Town.

Jill also participated in an emergency drill this spring. They focused on various things including communications, prescribing antibiotics or medication to large groups of people.

Recently Concord Hospital (CH) visited White Birch as part of their needs assessment conducted in the community. CH was available to meet with any interested parties. There was poor attendance at this scheduled meeting. The posting of the meeting was discussed.

Jill added that the notice was posted at Town Hall. She hopes that future meetings may have better attendance and will try to get the word out possibly through The Villager.

Mrs. Morse suggested also posting the upcoming meeting in the Outlook which goes into all post office boxes and all residents of Henniker.

Jill talked about timing the notices in close proximity to the date of the meetings. She also talked about including articles about mosquitoes throughout the season.

Jill concluded by referring the Selectmen to the packet of information she had previously handed out and invited any questions be directed to her.

Chairman Watman referred Jill to a list of complaints that had been brought to her attention. He asked if any of those were long-term concerns that the Board may need to address.

Jill responded that the biggest long-term concern is related to garbage. There are offenders that will address the issue with just one notification. At times Jill has sent formal correspondence citing the administrative rules.

Chairman Watman thanked Jill for her hard work and her report. He stated it is helpful to the Board to have this information in order to respond to concerns from residents.

Mr. Parker indicated the concern of EEE had been raised at earlier meetings. Given what Jill had relayed, it seems as though there is no reason for heightened concern at this time.

Jill indicated that given that EEE is not prevalent until the end of July, no pattern has been seen so far this season. The State tests and monitors different mosquito pools around the state on a regular basis. There have been no positive reports as of the dates that were included in her report, but there will be more to come.

(Hearing #1) Discuss and possible adoption of proposed Town Employees Safety Policy.

Mr. Flynn indicated the policy has been modified, corrected and updated with the assistance of the Department of Labor (DOL). Just today the Safety Committee spent the day with a representative from Primex going through all municipal buildings.

Chairman Watman asked for questions from the public or the Board. There being none, he asked for a motion to either move it to a 3^rd reading or approval of the policy.

Mr. Parked MOVED for approval of the policy as presented. Mrs. Morse SECONDED the motion. It was APPROVED unanimously.

(Hearing #2) Proposed revision of speed limit and warning sign postings on River Road.

Mr. Flynn addressed the recommendations of the Highway Safety Committee (HSC) meeting referring to the speed limit on River Road. He proposed two motions based on the language proposed by the HSC.

Chairman Watman reiterated that one proposal is to enforce a new speed limit of 30 mph and the second is to have the Highway Department place additional signs to specify “speed strictly enforced by radar” in both directions.

Vicky McCloskey questioned if there could be additional signage posted saying “no through traffic”. There is heavy truck traffic on River Road to short-cut 114 and this is a concern.

Chairman Watman indicated that the only recommendations from the HSC were a reduction in speed and the reference to radar. The HSC did not make further recommendations. They wanted to institute the two recommendations first to see if it would alleviate some of the speed issues. If there are too many roads posted prohibiting truck traffic, that would pose another issue of where the trucks would be able to travel.

Mr. Damour asked if the entire road was going to be posted; in other words, from 114 to the Hopkinton town line.

Bob Nevins said that the Chief of Police indicated that the intent was to post the entire road. The more densely-populated areas were of concern as well as areas of recreation so the intention was to post the whole road. The posted speed limit on the Hopkinton portion of the road is 30 mph so for consistency the whole portion of River Road should be posted.

Mr. Damour said it may make sense to post it not only at the beginning and end of River Road, but also midpoint going towards Hopkinton as a reminder to motorists.

Chairman Watman asked for questions or comments from the audience or Board members. Hearing none, he asked for a motion.

Mr. Damour MOVED to waive the 3^rd reading. Mr. Parker SECONDED the motion. It was APPROVED unanimously.

Mr. Damour MOVED to enforce a new speed limit of 30 mph on River Road from 114 to the Hopkinton town line and direct the Police Department to enforce it. Mrs. Morse SECONDED the motion.

Mr. Damour inquired whether verbiage related to signage would need to be included.

Mrs. Morse said that signage was not regulated by the Selectmen, it’s at the discretion of the Highway and Police Departments.

Chairman Watman called for discussion on the motion reference 30 mph on River Road. There being none, the motion was APPROVED unanimously.

Mr. Damour MOVED to direct the Henniker Highway Department to place additional signs on River Road signifying speed strictly enforced by radar along with the 30 mph speed limit signs. Mrs. Morse SECONDED the motion.

Chairman Watman inquired whether Mr. Damour’s motion addressed the signage in both directions. It would be left up to the Police and Highway Departments to determine the placement and quantity.

Mr. Damour added the recommendation that there be a sign posted at each end of the road and one at a midpoint.

John Margeson asked whether all the information could be contained on one sign. It would be a legal sign.

Mr. Damour said as long as it met the qualifications as far as the Police Chief is concerned.

Chairman Watman clarified the motion made by Mr. Damour to include the word “recommendation” relative to the number and location of the signs. Mrs. Morse agreed to that amendment adding it should total four signs in all.

Chairman Watman noted for the record he felt these issues should be left to the Highway and Police Departments to do what’s legally required.

Mr. Damour said it’s only a recommendation but he felt placement is an important point.

Chairman Watman reiterated that the motion was to direct the posting of signs and the recommendation is to post them on either end and someplace near the midpoint. Hearing no further discussion, Chairman Watman called for a vote. It was APPROVED unanimously.

Item 3: John Kjellman – Updated report of the Solid Waste Disposal Committee

John Kjellman began his report with a commendation to the Board for their selection of members. He reports 95% attendance at the first two meetings with a vacancy on the 11^th position.

Some of the members of the committee have attended a recent Northeast Resource Recovery Association meeting; a trip has been scheduled to visit Wheelabrator incinerator; a trip to the Henniker Transfer Station is also scheduled. A Department of Environmental Services (DES) representative will be at the next scheduled meeting.

John also added that during the recent OHD celebration, recycling bins were placed at the various activities.

Chairman Watman added that two additional appointments to the recycling committee would be made.

Chairman Watman hearing no questions for John Kjellman, moved on to the next item.

Item 4: John Margeson – Highway Department Superintendent – Update of price increases of asphalt and update on Western Avenue Project

Chairman Watman began the discussion by reciting the original price of the awarded bid as $152,892. The bid has now increased due to general increases in asphalt to $184,950.

John Margeson said the increase was directly related to the increase in oil prices. Comments of the public workNet and contractors all relate to the increase in price. Advanced cannot afford to do the job at the price they originally quoted. John does not believe their intention was to bid low and then raise the price once they were awarded the job. John was advised that if a quote is anywhere within the vicinity of $70 a ton, you “ought to jump on it”. As of August 15, the quoted price from Advanced would increase to $75 per ton. If the work is done within the next week and a half, the price will be $72 per ton. Advanced could begin paving work as early as Thursday.

Chairman Watman inquired of Mr. Flynn whether there was a general procedure in place reference bidding and increases after the job had been awarded.

Mr. Flynn said this was a different situation. This bid increase was related to wholesale fuel costs. John Margeson related to Mr. Flynn in conversation to rebid the paving would be a gamble. The price could increase substantially over what was quoted in the increase.

Chairman Watman inquired whether there was language in the request for bids requiring the bidder to hold the price for 30 days.

Chairman Watman suggested assurance that the bid price is good for “X” number of days. The bid was awarded to Advanced. Chairman Watman finds it distasteful that Advanced had a slight advantage and now they’re asking for an increase in the bid.

John wonders what the Better Business Bureau might think of the practice, but every contractor is experiencing the same increase issue. A general rule of thumb is to add $12 a ton above what is paid to truck and place the asphalt. John reiterated a price increase could be expected after the 15^th of August.

Mr. Parker added that the State is recommending consideration for mark-ups in future contracts.

John said this scenario has never happened since he has been Henniker’s road agent.

Chairman Watman acknowledged this is a unique situation but wants to protect the bidding system by checking into actions that may be taken to protect the Town’s interest. He wondered if there was a decrease in price if the bid would change in the Town’s favor.

Chairman Watman stated that although this case may be an exception, he would request the Town Administrator and the Finance Officer to confer with town counsel or Local Government Center (LGC) for direction.

Mr. Damour questioned the date of the award of the bid. Is there a date indicated when the bid price would expire.

Mrs. Morse said if a date was given and a contractor chose not to complete the work within that time frame, the Town should not be held liable.

John agreed, but went on to state if the Town attempted to hold the contractor to its price, the consequences may be the Town is left without a contractor. John was not able to confirm the date when the contract went to bid.

Chairman Watman wondered if it would send a message to those submitting bids to the Town of Henniker that they will be held to their proposals if the Town held Advanced to their initial bid.

John said there was a situation similar happening in Goffstown. Pike was held to their originally-stated bid and work was commenced, but that situation was unique.

John answered it was because of the block grant. The grant would cover it. There was surplus from last year which could be rolled over. He does have the funds to complete the job even at the new price.

John also mentioned earmarking $10,000 for engineering fees for the Western Avenue culvert to comply with DES and the Shoreline Protection Act. He envisions looking to a small local engineering firm to help with location and taking care of the permitting process.

Chairman Watman redirected the Board’s attention to the pending motion relative to the asphalt fee increase.

John Margeson stated it would be $72 per ton for possibly another week to week and a half. After mid-month, the figure quoted would increase to $75. John also pointed out the bid had three parts – two of which had already been completed which was the reclamation and fine grading. These two parts were done at the earlier-quoted price.

Mr. Damour asked for a moment to review previous minutes. After perusing past minutes, he stated the bid was awarded on June 17. He asked the Town Administrator for a copy of the bid to possibly locate a time limit to honor the bid. Mr. Damour said he hopes if someone gives the Town a bid, they would stand behind it.

Chairman Watman agreed, especially if there was a request for it to be held for a certain time frame.

Mr. Damour said the Town should request a certain time frame, maybe 20 to 30 days.

John said the sidewalk project was small enough that it did not impact the fee increase.

Mr. Damour asked if the motion could include wording that the project is completed by a certain date and a final price that the contractor would be held to.

Mr. Damour confirmed there was not a time frame included in the bid nor was there a contract. Mr. Damour added that after reviewing the documents, the Town did not have much choice. To do anything else would cost more.

Mr. Damour MOVED to accept the increase of $72 per ton from Advanced Excavating on the Bacon Road project. Mr. Parker SECONDED the motion.

Mrs. Morse said she would prefer to see wording relative to the completion of the job in a timely manner and compliance with this fee.

Mr. Damour asked whether the motion should include language that the Town will accept the $72 figure provided the job is done by November 1^st, 2008.

Chairman Watman said that Advanced indicated it would be done quickly. $72 per ton if done within the next 10 days.

Chairman Watman asked Mr. Parker if a date certain was set, i.e., Labor Day/September 1^st, would he still second the motion. Mr. Parker agreed. The motion was APPROVED unanimously.

Mr. Flynn said he will confirm tomorrow [August 6, 2008] the motion that was just passed and craft an agreement for signatures.

John offered to deliver the agreement for signature personally rather than mailing it.

Chairman Watman requested the Town Administrator to present to the Board an acknowledgment to the bidding process to guaranty the price for a certain period of time.

John added that since some projects like Post Office Drive and Hopkinton Spur were smaller projects, the quoted prices for these projects would not change.

Chairman Watman asked John Margeson to turn next to the Western Avenue project update.

John indicated he had touched on this topic earlier with his request to use the funds allocated for engineering and design and use it for work on the wetlands permits and utility locations.

Chairman Watman asked the Town Administrator if there was any reason that could not be done.

Mr. Flynn responded there was no reason. He and John had consulted about who might be a good candidate.

Chairman Watman indicated the procurement and bid process permits John to get prices rather quickly.

Mr. Damour suggested having a general engineering firm on a retainer for planning board issues and review. This way it would avoid the bidding process for every job that arose. Mr. Damour asked John what time frame he envisioned for this project.

John said he was looking to start as soon as he could. Most permits are going out 120 days.

John said that the engineering work was not something that was dependent on the weather. The repair that is in place now won’t fail unless there is a major event.

Chairman Watman advised John Margeson he has the authority under the bid policy to get someone on board now, keeping in mind Mr. Damour’s concerns about future issues.

John said that requirements for the Shoreline Protection Act were stringent so to avoid the request getting kicked back, he wanted to be thorough. He added the permits are valid for two years.

Mr. Flynn indicated the Ken Levesque, Superintendent of the Waste Water Treatment Plant, was at tonight’s meeting to answer any questions. Ken did go through the process required by the Town’s policy asking for bids on the clarifier.

Ken Levesque indicated specs were sent to five companies to submit bids; two bids were received. He recommends the low bid of $89,672 received from Infrastructure Construction Corporation. He has checked references and spoken to several different people and has not heard anything negative about the company. They have done work locally in Hillsborough and Hopkinton.

Chairman Watman asked for questions from Board members. Hearing none, Chairman Watman MOVED to accept the bid from Infrastructure Construction Corporation for the Clarifier Drive Mechanisms and Sludge Collector Arm Assembly Replacement in the sum of $89,672. Mr. Damour SECONDED the motion. Motion APPROVED unanimously.

Item 5: First Reading: Town ordinance re: pumping water onto town streets and sidewalks

Chairman Watman indicated this issue was brought up at a previous meeting and referred back for revisions. It is now at its first reading.

Mr. Flynn said the issue did go to town counsel as requested. Correspondence is included with the Board’s material. Counsel was forwarded a copy of the minutes as well. One of the issues to be addressed was a fine of $50 per day. Also one paragraph was deleted from the original reading which talked about foundation drain pipes already in use.

Mrs. Morse had questions referencing Prospect Street when the sidewalk was put in and attaching drainpipes. She feels as if people are going to ask if they can attach their drains to the existing town storm drains. Mrs. Morse asked Mr. Flynn if he asked town counsel specifically about Prospect Street and requiring people who are already attached to existing storm drains to disconnect. This wording is different from wording regarding grandfathering of a use.

Mr. Flynn indicated that the correspondence from town counsel concluded by saying it was ultimately the decision of the Selectmen as there is no law regarding existing drains or future drains. Mr. Flynn believes the laws relate to commercial properties. New homes are prohibited from installing drains, even in garages.

Mrs. Morse said she anticipates questions coming from homes that have never been attached to the storm drain versus homes that are already attached. She was also concerned that access to town storm sewer was prohibited by state statute to prevent discharge of hazardous waste.

Chairman Watman said the ordinance would prohibit discharge onto public sidewalks and roads.

Mrs. Morse agreed but said that three complaints stemmed from discharge across the lawn and sidewalk onto the road. If the road happens to have an underground storm drain, the residents may request to attach the underground pipes to the drain.

Mr. Damour said there are regulations as to what can be discharged and the residents would have to get permission.

Chairman Watman asked for suggested amendments. Mrs. Morse MOVED the issue to a second reading and a public hearing. Mr. Damour SECONDED.

Mr. Damour added language about water discharge from sump pumps or similar devices and perimeter drains that transport water.

Chairman Watman called for further discussion. Hearing none, the motion was APPROVED unanimously.

Mr. Damour MOVED to approve the minutes with corrections. Mrs. Morse SECONDED the motion. It was APPROVED unanimously.

Item 8: Appointments of Town Boards and Committees for next term effective September 1, 2008

Chairman Watman indicated that in order to expedite the appointments, he would ask if any Board member has specific names on the master list they would like to discuss separately, that would be done. Otherwise, he would accept the motion to approve the nominations as a whole.

Mr. Parker asked about situations where there are couples wanting to serve on a committee. The situation involves the Conservation Committee, Solid Waste and CIP. Mr. Parker said the issue may need to be addressed in the future.

Chairman Watman suggested talking with town counsel or LGC relative to any policies that may exist.

Chairman Watman asked if there was any discussion relative to the appointments. Hearing none, Chairman Watman MOVED to accept the committee appointments as presented. Mr. Damour SECONDED the motion. It was APPROVED unanimously.

Chairman Watman added that it was difficult to attract committee members and a number of committees had an even number of voting members. It was suggested that more creative, descriptive and unique ads be placed to attract potential committee members. Several committees were also in need of alternate members.

Item 9: First Reading – revision of Planning Board fees re: Registry of Deeds Fee

Mr. Flynn advised the revision relates to recording fees which is being passed on to the Registry of Deeds. It’s not an increase in fees to benefit the Town. The fee is increasing from $40 to $65. The present fee is $40 per plan sheet and $25 per occupant.

Chairman Watman suggested waiving the second and third readings and approve the change in the recording fee. Mr. Damour MOVED the motion. Chairman Watman SECONDED the motion. It was APPROVED unanimously.

Mr. Flynn directed the Board to page three of the policy, specifically items 7)b and c. He also indicated that the meetings are governed by RSAs and most laypeople don’t understand the importance of them and what they mean. Some issues have arisen in the past with getting agendas and minutes in a timely manner. It is the responsibility of the committee chair to provide the agenda 24 hours in advance.

Mr. Flynn went on to say that minutes of the various committee meetings are not always created and received. Mr. Flynn wanted a policy in place in addition to the RSAs to govern the various committees.

Chairman Watman indicated that it’s difficult enough getting volunteers for the committees, to place the duty of providing minutes on them may be even more burdensome.

Mrs. Morse indicated this was why more committees had recently requested paid secretaries.

Mr. Flynn added it’s become a bigger job with the athletic and conservation committees. The service will be a line item in next year’s budget.

Chairman Watman said that whoever is chairing the committees needs to comply with the law. The Town Administrator or the Board has ultimate accountability.

Chairman Watman asked for a motion to hold the issue over for a second reading and public hearing. Mr. Damour MOVED the motion. Mr. Parker SECONDED the motion. It was APPROVED unanimously.

Item 11: Review and possible acceptance of official job description for Emergency Management Director

Mr. Flynn said this issue was precipitated by the transition of a new person and the need to have a legal description in the advertisement. Historically there has not been a description on file for this position. Mr. Flynn requested information from FEMA. That job description, along with other information, represents the compilation that is being presented. Mr. Flynn requested the Board adopt the description.

Chairman Watman asked if job descriptions were required to be held over for hearings.

Mr. Damour stated that it was listed under “suggested qualifications” but thinks it may be part of a legal requirement.

Mr. Parker said the NIMS qualification should be moved above “suggested qualifications”.

Mr. Parker asked if this person would be responsible for running the Emergency Operation Center?

Mr. Damour MOVED to accept the official job description for Emergency Management Director as amended. Mr. Parker SECONDED the motion. It was APPROVED unanimously.

Mr. Flynn began by referring to procurement in the policy book, exceptions and situations where there are emergencies under the title of “change orders”. Although the issue relative to the change in fee of asphalt wasn’t a change order, change orders allow a town administrator to make an administrative decision. A change order does not go beyond 10 percent. That paragraph would be the area that Mr. Flynn would request a revision.

Mr. Flynn reminded the Board of the Town web site. It contained the agendas of meetings, links for attachments, policies and athletic forms.

Chairman Watman commented that it is a great development and it represents real progress.

Mr. Flynn went on to address additions to the committee policy. He would like all agendas and minutes included on the web page.

Mr. Flynn addressed the town administrator action items. Engineering upgrade is considered finished.

Chairman Watman commented that sometime early in September a hard copy of the whole plan would be submitted. That would bring it closer to the Board for possible approval on the first reading.

Mr. Flynn indicated that the Ramsdell Bridge is now open and the work has been completed. Fencing issues had also been addressed and were complete. Mr. Flynn went on to add that there was a surplus of funds that may be used to repair stone work.

The energy audit information should be available very soon. More data was requested, which Mr. Flynn provided.

Zoning and planning issues are still being addressed and a recommendation will be forthcoming.

Chairman Watman reminded the Board of upcoming meetings in November: November 1^st and 15^th from 8:30 to noon for budget work. These meetings are in addition to the regularly-scheduled Board of Selectmen meetings.

Mr. Flynn raised another item relative to a memo from the planning consultant regarding the ongoing issue of building codes and rewording of that zoning ordinance.

Mr. Damour addressed minor changes relative to current practices of the planning consultant and the Board’s support of them. He felt it was an agenda item. Mr. Damour said he would like to review the ordinances and proposed changes.

Chairman Watman indicated the packet for tonight’s meeting contained a legal opinion from town counsel about the Shaker Hill Road/Pet Dow Road closure to automobiles. He asked for either a motion to refer it to the Highway Safety Committee or defer it to the next meeting’s agenda.

Mr. Damour suggested placing it on the agenda for an upcoming meeting. He also suggested discussion among the Board members of possible direction or alternatives.

Mr. Damour MOVED to defer discussion of Shaker Hill Road/Pet Dow Road closure to a future meeting. Chairman Watman SECONDED the motion. It was APPROVED unanimously.

Mr. Flynn added that the discussion regarding the impact fees imposed on a Henniker resident had been addressed in correspondence which was included in the Board’s information packet.

Chairman Watman asked if there was any way something could be done to commend the members of the OHD Committee. Could the Board issue a proclamation?

Discussion centered around issuance of a single or group proclamation; a paper or plaque proclamation.

Mr. Flynn indicated he could have the proclamations ready for the next meeting. A public thank you to be published in the Outlook was also discussed.

Mr. Damour suggested giving the committee members time to think about possibly being involved in something similar again.

Mr. Parker discussed the Shoreline Protection Act. He is set to attend a DES seminar on the subject in Meredith and will pass on useful information. He is also registered for a training workshop relative to election law and ballots.

Mr. Parker said legislation was passed to increase the amount of donated property from $500 to $5,000. The Board should amend its process to reflect that change. The law became effective July 11, 2008. He went on to add that relative to gifts having a value under $5,000, a hearing could be held at the discretion of the Selectmen.

Mr. Flynn advised he would add that issue as an agenda item for a first reading.

Mr. Parker said that the Planning Board may well have to deal with small wind energy systems, which are going to be approved. The Planning Board will have to design regulations. A specific item that’s involved is that height restrictions will not apply to the systems. This item as well became effective July 11, 2008. In addition, there will be legislation relative to wood-fired boilers.

Mrs. Morse talked about decibel-based noise ordinances which several towns are enforcing. Some communities have police cruisers which are now equipped with decibel meters mainly to enforce this ordinance with regard to motorcycles.

Mr. Flynn advised that it was closed yesterday [August 4, 2008]. Brush was removed around the corners of Patterson Hill Road detour for better visibility.

Mrs. Morse reported she had attended a second DOT hearing last fall regarding current improvements of 202/9 and replacement rumble strips to be added. She reports that a proposed change was located at the intersection of Old Hopkinton Road and the 202/9 intersection. That change would be to eliminate the blinking red light and narrow the road on the eastbound side headed towards Concord. That intersection has traditionally been where tractor trailers will choose to get onto the highway because the road was wide enough to get up to speed. Mrs. Morse opposes any change at this intersection since it is relatively accident-free as it was configured in the past. After explaining her concerns to DOT officials, they will revisit the issue.

Mrs. Morse went on to add that the logistics of the intersection located at the former Golden Pineapple don’t allow tractor trailer trucks to get up to speed before they reach the bridge heading towards Concord. The trucks may choose the Old Hopkinton Road entrance instead which would create a hazardous traffic condition there if the road is to be narrowed.

Chairman Watman reminded the Board that the next meeting of the Selectmen is September 2^nd. Mr. Damour MOVED to adjourn the meeting. Mrs. Morse SECONDED the motion. It was APPROVED unanimously.

MEMBERS PRESENT: Tom Watman, Chairman; Leon Parker; Joe Damour; Cheryl Morse; Ron Taylor; Peter Flynn, Town Administrator

OTHERS PRESENT: Debbie Damour, Bob Wells, Esq., Jeff Roach, Stephany Marchut Lavallee, Roy Grieder, Cordell & Meg Johnston, John Kjellman, John Margeson, Don McCloskey, Vicki McCloskey, Bob Pennock

Chairman Watman called the meeting to order at 6:15 p.m. The Pledge of Allegiance was recited.

Mr. Damour MOVED to approve the Consent Agenda. Mr. Parker SECONDED the motion. It was APPROVED unanimously.

Chairman Watman accepted with regret the resignation of Bill Belanger as Emergency Management Director. His service in that capacity spanned 12 years as well as writing grants for the town. His service was gratefully appreciated.

Stephany Marchut Lavallee voiced concerns about the exclusion of her name on the sign in sheet at the May ZBA meeting. She states it is a public meeting generating a public record.

Chairman Watman suggested Stephany address that concern with the ZBA. They are an independent body with a chair and a clerk.

Stephany’s second issue related to use of the Community Center (CC). She reports there was a meeting held at the CC last Thursday which was booked through Henniker Citizens for Green Energy. Stephany is concerned this meeting was a forum for Laidlaw to present information. Stephany objects to an entity such as Laidlaw holding forums under the title of Henniker Citizens for Green Energy.

Mr. Flynn stated that it was Representative Barbara French who booked the CC for an informal gathering for those citizens interested in being educated about certain issues. It is within his purview to waive fees for use of the CC.

Stephany went on to say that during the presentation disparaging remarks were made about Henniker organizations and the rules and regulations should be tightened regarding those wishing to use the CC.

Chairman Watman indicated that the CC is open to all who wish to gather for various purposes. What these groups discussed or presented was not for the Selectmen to decide. Representative French is a long-time resident of Henniker and a member of the State Legislature. To limit groups’ access to the CC based on their beliefs or the content of the information they present would discriminate.

Mr. Flynn added that it is important to give equal time to everyone using the CC. It was decided four years ago when the rules were put in place that political candidates would not be allowed to hold rallies for one particular party at the CC.

Chairman Watman indicated that this issue may be an interesting case for the future, but he didn’t want to be interpreted as taking one side or the other. There seem to be differences of opinion.

Bob Wells presented information regarding his request to have a portion of Shaker Hill Road in the Town of Henniker closed. He raised many points for closure including deterioration due to four-wheel drive vehicles and ATVs. He is not attempting to prevent use of his land, only protect it from abuse from wheeled vehicles. Bob is requesting a gate be placed at landowner’s expense that could not be locked, but accessed by police and emergency vehicles.

Roy Grieder added that he is concerned should there be the need for fire and emergency vehicles to access his property, it would be difficult due to the condition of the road.

Cordell Johnston stated that it is illegal for ATVs to access the road, but there’s no sure way to prevent access without a gate or huge boulders creating a barricade. He wants to see abutters using the road for access to fields for forestry and agriculture. If the Selectmen have the authority, they may be able to close the road to motorized vehicles.

Cordell suggested a second option would be to reclassify the road as a trail which would require a town meeting vote. This option may need to be coordinated with the Town of Hopkinton at town meeting.

Cordell mentioned a third option would be to completely discontinue the road and have it revert to the abutters so there would be no public road at all. This would prohibit any public access at all, which is not the intent of the residents of Shaker Hill Road.

Cordell also added that whatever the end result, enforcement is going to be a continuing issue. Signs may be posted to prohibit motorized vehicles.

Vicki McCloskey supports doing something about the road. It’s so badly rutted that it’s difficult to even ride a horse through in sections.

Bob Wells indicated that he feels the town does have the authority to leave a road open to the public, but for maintenance purposes prevent motorized traffic. Bob echoed Cordell’s comments regarding the difficulty of enforcement. He suggested gating the road to prevent motorized traffic but leaving it as a public road.

Cordell suggested installing gates at both ends that were unlocked giving the appearance of prohibited access.

Cordell further added that technically unrelated to the discussion of gating a portion of Shaker Hill Road, he contemplates approaching the Board about upgrading the portion of Shaker Hill Road that is currently between where the Class VI road ends to a Class V road which would be subject to a betterment assessment.

Chairman Watman indicated that that issue wasn’t part of this evening’s agenda, but he invited Cordell to submit that request when he felt it was advisable.

Mr. Parker made the observation that his family had been in a similar situation. One attempt that was made was installing a heavy cable which was padlocked. This created a challenge.

Mr. Damour proposed that the Town Administrator provide legal options to the Board to in turn give back to the residents of Shaker Hill Road to consider. Mr. Damour is concerned about simply putting a gate up since it is a public right of way and there are standards that have to be met. There are liabilities to the Town if barricades are erected.

Chairman Watman suggested expediting the information exchange. The suggested date was no later than the September 1^st meeting.

Without further discussion, Chairman Watman called for a vote. It was APPROVED unanimously.

Item 2: Public Hearing – Review and Discussion Re: Policy – Town of Henniker Hazard Mitigation Plan

Mr. Flynn indicated Hazardous Mitigation Committee has completed its work to develop a proactive draft plan for natural and non-natural disasters in Henniker. This plan will enable Henniker to be better prepared in the event of a disaster. Towns must have a hazard mitigation plan in place in order to apply for Federal disaster funding through FEMA.

Mr. Flynn added that Henniker has received FEMA money in the past few years without this plan in place, but they were generous in waiving it as there were severe emergencies that were handled during that time by FEMA. Without a plan in place, there is no guarantee of funds in the future.

Mr. Flynn said the Regional Planning Commission approached Henniker indicating they had funds available and set about forming a committee that would engage in regular meetings. This committee consisted of department heads, fire and police personnel and various other representatives. A strict requirement to fulfill was to post public notices. Press releases and public postings were done. All meetings were open to the public.

Mr. Flynn said that a duty of the committee was to identify hazards that may occur and have occurred in Henniker in the past, their impact, and identify assets in various sites; estimate losses and provide examples and to identify current program activities that were presently in place. Most importantly was to determine new programs to keep Henniker safe.

Mr. Flynn went on to say the the next step is FEMA approval, followed by adoption by the Board of Selectmen. The Town of Henniker is required to have this on file as adopted.

Mr. Flynn then submitted the plan for approval, offering to gather further data or answer questions the Board may have.

Chairman Watman suggested correction of typographical and spelling errors could be submitted within the next 24/48 hours.

Mr. Flynn said that a question was posed to him: What if the Town of Henniker did not implement any of the suggested issues or recommendations? Mr. Flynn consulted with the Commission and it was indicated that as long as the meetings were held regularly and every attempt to accomplish the goals that were set, the Town of Henniker would be in compliance with FEMA.

Mrs. Morse asked about existing mitigation strategies. Referring to page 99 referencing the police department working for state accreditation by 2010. Does that refer to SOPs that are under constant revision?

Mr. Parker indicated that the document was quite extensive and most information was repeated throughout the document, but this was necessary to meet the criteria.

Mr. Flynn indicated there are new police standards and training that are required for different phases of police work. Mr. Flynn believes that the police department would have to work to achieve a certain status.

Mrs. Morse asked Mr. Flynn to follow up on that area of inquiry. She would like to know what that entails.

Mr. Parker added that there were some spelling and factual errors which he had marked. These errors could be corrected and would not prevent approval.

Chairman Watman said a lot of effort had been put forth in the creation of this document. It contains good points and an indication of future planning. He also stated that the Board of Selectmen is not intending to sign away the political authority of the town in terms of how decisions are normally reached with regard to budget requests and policy and procedures. The suggestions are good but it is not a guarantee they will be implemented.

Chairman Watman MOVED to accept and adopt the Hazard Mitigation Plan. Mrs. Morse SECONDED the motion.

Mr. Parker added that he didn’t see anything contained in the document that he didn’t think wasn’t a good idea.

1 - Implement a safer and more efficient process of recyclables. The response is that the Transfer Station is now able to successfully send mixed loads of paper, cardboard and #1 and #2 plastics without a loss of revenue. This reduces the skid steer traffic. Caps on bottles now do not have to be physically removed making it more convenient to recycle. This convenience reduces the paper and plastic bags that the public throws away.

Additional directional and recycling signage has been added as well as another stop sign. A sign at the front gate has been added to keep the public out of harm’s way during hours of non-operation. Compliments to Chief Russell by adding a patrol officer unannounced to check for stickers, control speed and aide in stop sign enforcement.

2 – Engage in the process of recertifying two employees for qualifications and endorsements after long absences. This process is almost complete.

3 - Negotiating for a replacement baler that is superior in design to the original bailer. A replacement baler was secured after engaging problems were discovered.

4 – Promote increased recycling opportunities. Flyers had been distributed with reference to a safer fluorescent bulb program. Several containers had been purchased for recycling bulbs which had been requested by the hazardous waste collectors.

5 – Revision of Transfer Station ordinances due to the fact the town is investigation various options of Pay-As-You-Throw recycling.

Mr. Flynn concluded recitation of the items by discussing safety of residents in and around the metal bin, the burn piles and throwing glass into the glass pile. Safety is a concern but also retaining a small town feeling at the Transfer Station.

Mr. Flynn then went on to recite the goals and objectives for the Parks Department.

1 – Working to make Azalea Park safer and more attractive, to include legal issues.

Trash and dead limbs were cleared. Added another trash barrel which was chained to a tree. Due to the thefts and destruction and unavailability of help, this was not a top priority.

2 – Park trees cleared of dead or dying wood to eliminate danger to the public. This is an ongoing project.

Goal is to finish the sidewalk; band stand area cleaned and landscaping added; sidewalk curbing removed and cleaned. Rhododendrons donated by Gail Hayden had been planted. Painting of lines had been done in the parking lot last fall and will be done again this summer.

Chairman Watman indicated he read thoroughly the remarks and recommendations contained in the Parks Report.

Bob Pennock began his review of the Transfer Station goals and objectives by addressing the need to increase public awareness of rules and regulations.

Bob then reviewed item 2. He added that he has had discussion with members of the Solid Waste Disposal Committee and is in the process of setting up tours for the committee to visit the Transfer Station.

Bob reviewed item 3. He is looking into ordering a gate at a cost of approximately $3,000. Various vendors came back with similar estimates. The gate will automatically open and stays open until the vehicle leaves the gated area. An extended gate would have to be ordered to cover the width of the 14 to 15 foot road.

Bob Kjellman inquired whether the gate was to restrict access to a particular area.

Bob said in order to comply with new rules, every load has to be paid for before disposing. Loads will have to be checked and direction given where to unload.

Mrs. Morse asked a question regarding similar scales at the Transfer Station in New Boston. Are the weights based on estimates of debris?

Bob said that it is based on estimates but employees would have to operate the scale. The employees would not be unable to run the scales unless they were certified. Bob added that in New Boston, items must be weighed individually. This would be labor-intensive if items such as shingles were involved.

Mrs. Morse said that the information she learned from the Northeast Regional Recovery meeting led her to believe that New Boston’s approach was new and unique.

Bob replied that New Boston’s scales were donated and the facility has plenty of room. Space is limited at the Henniker Transfer Station. If a reconfiguration were done to accommodate scales such as at New Boston, traffic would back up inside the facility as well as out on to 114 and would create a hazard.

Mrs. Morse asked if the gates of the scale would slow up traffic within the Transfer Station.

Bob replied that scales would slow things up more so. The loads would have to be checked closest to the entrance. Employees may be busy with stickers or baling and wouldn’t be able to pay attention to what materials were being unloaded.

Bob moved on to discuss “roll offs” going out to bid. The bids saved quite a bit of money and the bid was to go out in October for next year. Bob hopes to do the bidding over a two-year period. As of now there are five bidders.

Bob then reviewed item 5. The proposed gate will help somewhat to provide additional safety. New floor mats have been installed.

Bob reviewed goals and objectives for the Parks and Building Department. He said that the reclamation of the lawn around town hall was progressing, but there’s still more to do. The curbing was removed and replacement will have to wait until the Farmers’ Market is over.

Bob reviewed item 2 regarding Azalea Park. Bob and John Margeson have revisited the Park. Bob thinks it looks a bit better than it did two years ago. The suggestion was made to get sewer covers but Mark Boisvert, who is knowledgeable on that, will be out for surgery. Bob indicated that would be a fall project. Bob said John Margeson had instructed him how to construct berms which would eliminate the ditch and save the walk-through. Trash barrels have been destroyed and vandalized in the past so they have now been chained to a tree.

Bob went on to address item 3. Bob indicated there were issues with shingles falling off the roof of the Community Center; and the Grange needs to be painted. Bob indicated he would gather the bids for submission to the Selectmen.

Chairman Watman said that the Board would offer suggestions or input. If suggestions or input is given, the Town Administrator will meet with the department head to confer and discuss whether changes should be made. The Board does not, as a common practice, approve the goals and objectives, only provide suggestions.

Bob Pennock said yes. He went on to add that two of the three trees planted three years ago have contracted a beetle disease. Those trees are to be replaced and a free tree is to be included. The remaining trees are to be treated to prevent further disease.

Bob Pennock requested information for this evening’s meeting but has not yet received it regarding recommendations for plantings. Bob has received soil recommendations also. Bob also indicated that there may be issues with snow removal given where the trees are slated to be replaced.

Mrs. Morse indicated she had information she wished to send to Bob regarding tree guards.

Bob indicated that he was open to this information but feels there are other places where the money would be better spent.

Bob also indicated that there was an individual who was interested in donating funds for Azalea Park but wants to see what improvements are to be made before making this monetary donation.

Chairman Watman suggested that objectives regarding regulating the sticker system in a consistent manner be considered within a set timeline. If the Administration does not set forth objectives, Chairman Watman would be bringing forth a proposal in September.

Mrs. Morse asked if there were timers on the heating systems, particularly the Grange and the Community Center.

Mr. Flynn indicated that issue was part of the energy savings process. All buildings would be included.

Chairman Watman said that the energy audits that are ongoing are certainly appropriate. Once recommendations are made, let the public decide how much they would like to invest and which methods to employ to cut costs.

John Margeson interjected a question about the location of the tree plantings downtown.

Bob Pennock suggested that the replacement plantings would be where trees were previously planted; one by the Gleason law office, one by Sonny’s Main Street Restaurant and one further down.

Bob Pennock answered that it was up for grabs. The committee was looking into that program. Once the committee’s findings are made, the Selectmen would review the information.

Item 4: John Margeson – Re: Discussion Concerning State of NH DOT Western Avenue Bridge Report

John Margeson related that the findings regarding the Western Avenue Bridge from the State DOT were a shock and a surprise. A preliminary report in March indicated the DOT had a few concerns at that time, mostly signage. A complete bridge crew was at the bridge site for six days in May of this year.

Chairman Watman indicated he had received the report along with photographs. He asked John what the DOT wants the Town of Henniker to do.

John Margeson said that the DOT’s recommendation is just that. The Selectmen have the final say. The DOT recommended it be closed to all traffic and barricaded. DOT’s recommendations usually increase over time beginning with weight restrictions and then ultimately closing the bridges. John thought the recommendation of total closure had a lot to do with the bridge collapse in Minnesota in 2007.

Mrs. Morse made the comment that this closure would move Henniker up on the emergency list.

Mr. Flynn indicated he had a conversation with Nancy Mayville today. Bridge aid funds would not be available until 2014 or 2015. The upside of the conversation was that, with the blessing of the Selectmen, he would file a cost estimate request through the State. Engineers would give a more accurate estimate. An application for construction form would follow. Nancy Mayville indicated that the Town should secure engineering money as soon as possible so as to start construction within one to two years. Bridge aid money does not need to be in-hand to begin construction.

Chairman Watman inquired whether funds were available to secure engineering services.

Mr. Flynn also inquired of Ms. Mayville whether this meant the bridge should be closed immediately or does the Town have a two to six month window of time. Ms. Mayville’s response was that it poses a liability issue. Take the letter for what it reads. It’s up to the town. Mr. Flynn replied that meant to him it should be closed immediately. Ms. Mayville’s follow up response was if the Town didn’t want any liability, yes.

Chairman Watman asked whether there were clear cut procedures to closing the bridge or if the Safety Committee or Police needed to be involved.

John Margeson said there would need to be uniform traffic devices, also Jersey barriers.

Chairman Watman said that a good idea would be to alert the press to forewarn people.

Mrs. Morse asked whether this construction would be a bond item for the Town to carry until it is reimbursed.

John Margeson said there’s an option for the Town to appropriate money and do the project. The State has many bridges failing all over the state and in good faith they would reimburse the Town.

Mrs. Morse indicated tractor trailers often use Western Avenue as a scenic 202/9 and the potential exists that they may get stuck at the bridge.

Mrs. Morse asked if there was additional information the DOT had regarding bridges throughout the state.

John answered that it was a good question. He had not ever heard of information such as that.

John Margeson added that there is a height and weight restriction for the Patterson Hill Bridge that the tractor-trailer operators would have to be aware of.

John Margeson said that there was only one business that used heavy trucks and it may be worth advising that business directly.

Mr. Flynn said that would be in the plan. He plans on personally talking to them.

John Margeson said during the renovations of Patterson Hill Bridge, he commented that a bridge would be needed to accommodate all traffic because sooner or later the Western Avenue Bridge would have to be closed.

Mr. Damour commented that even if the Town bonds it and gets the money back, budget-wise the money would roll over and they’re difficult to pay off. A bond may not be the best instrument in this case.

Chairman Watman indicated the first order would be voting to close the Western Avenue bridge per the recommendations of the NH DOT. Mrs. Morse MOVED the motion. Mr. Parker SECONDED the Motion.

Mr. Damour agreed with the motion, but wonders if an engineer could give an opinion whether passenger cars could pass safely.

John Margeson suggested that the letter from the State DOT strongly recommended closure. They did do a thorough six-day inspection.

John Margeson said that for passenger cars, the Patterson Hill Bridge would be inconvenient as it’s a one-lane bridge, but it is passable.

Chairman Watman said the actions proposed are precautions taken to create the least amount of chaos and hardship.

Mrs. Morse added the motion should indicate that action be taken in a timely manner to allow all appropriate signage to be placed.

John Margeson suggested a detour for heavy truck traffic on Gulf Road to Bear Hill Road to Cote Hill Road. There is access both ways.

Mrs. Morse AMENDED the motion to urge the Selectmen to close the bridge according to state DOT regulations in a timely manner to allow all appropriate signage to be placed. Mr. Damour SECONDED.

Chairman Watman invited John Margeson to consult with DOT for their assistance in expediting the issue to reduce chaos.

Mr. Damour MOVED a motion that the Town Administration proceed to recommend the proper procedure to correct the deficiency of the bridge. SECONDED by Mr. Parker.

Mr. Damour suggested considering contracting with an engineering firm to get designs and bids. If this goes to a vote at Town Meeting, the cost will be known.

Mr. Flynn indicated the first step was to get an estimate from an engineering firm.

Chairman Watman said the Town could proceed on that and then an additional question would be whether the funds are available.

Mr. Damour suggested the possibility of a special town meeting to take the funds out of the Capital Reserve fund if available.

January 15, 2008
February 5, 2008
February 19, 2008
March 4, 2008
March 18, 2008
April 15, 2008
May 6, 2008
May 20, 2008
June 3, 2008
June 17, 2008
July 15, 2008
August 5, 2008
September 2, 2008
September 16, 2008
October 7, 2008
October 21, 2008
November 1, 2008
November 15, 2008
November 18, 2008
December 2, 2008
December 16, 2008

Town of Henniker
Board of Selectmen
2008 Minutes of Meetings