Henniker board advances riverfront parking ordinance to second reading after debate on plowing, liability

At its Dec. 16 meeting the Henniker Board of Selectmen moved a proposed amendment to Chapter 77 — the riverfront parking ordinance adopted in 1993 — to a second reading and public hearing, after staff and highway department officials outlined ownership, easement and liability concerns.

Diane, the town administrator, told the board the ordinance still refers to the Henniker Civic Association, an entity she said has long since dissolved, and that the town holds easements allowing maintenance of the lot but no clear ongoing governance structure. Diane cited a 2008 legal opinion from attorney Barton Mayer that warned the ordinance may amount to an improper delegation of police powers to a private organization.

Leo, the town highway/public‑works official, described practical problems with the lot behind Main Street businesses: multiple private owners, student parking tied to nearby college housing, and repeated winter maintenance on what he described as private property. Leo said the town currently spends, "probably upwards of $10,000 a year" addressing snow and cleanup in that lot and argued the town lacks authority to tow vehicles on private property without clearer agreements.

Diane said staff drafted proposed amendments to modernize Chapter 77, remove references to the defunct Civic Association and consider reclassification to a streets or parking code. Her staff report included a proposed stakeholder meeting and a draft motion to move the amendment to a second reading and public hearing, posted under RSA 91‑A with certified letters to adjacent properties and a notice in a newspaper at least seven days prior to the second reading.

Select Board member (speaker 3) moved the motion to advance Chapter 77 to a second reading and public hearing; the chair (speaker 1) seconded. The board agreed to hold the voice vote until a later time so stakeholders can be invited to a meeting and staff can work on a shared‑use agreement proposal that would clarify the number of public spaces, signage and responsibilities including snow removal and insurance.

The board did not adopt a final ordinance at the meeting. Diane and Leo said the next steps are convening property owners and stakeholders — in person or by phone — and returning to the board with a revised draft and a date for the second reading and public hearing.

Why it matters: the ordinance governs an off‑Main Street parking supply that is legally private but functionally intertwined with downtown circulation and town services. Changing the ordinance and negotiating a shared‑use agreement would clarify who pays for maintenance and whether taxpayer funds may be used for plowing and lighting on privately owned parcels.

The board scheduled follow‑up outreach; the motion was moved and seconded but no vote on final adoption occurred at the Dec. 16 meeting.