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Town of AmherstBoard of SelectmenJanuary 30, 2006
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Chairman Marilyn Peterman called the meeting to order at 6:10 p.m. Selectmen present: George Infanti, Jay Dinkel, and Thomas Grella. Also present Acting Town Administrator Gary MacGuire and Executive Assistant Sharon Frydlo.
Cal Wood, Woodland Drive, commented he would like to address something that was definitely a penance to him. He was sure what he had to say, there would be many people that would not necessarily agree with him, being the insensitive individual he was, but he was going to say it any way. Last summer was the first time in well over 60 years, he had the opportunity to see how Town government worked. He told them that it was an education. The first meeting he attended, he was frankly unimpressed. He has attended many of the Board meetings since and his view has changed. When he looked at the Board, he saw five individuals, each one was as unique as each one was different. Each had a different background, different experience, different philosophy and a different way to approach a problem. One thing he saw in common, regardless of where they were coming from, he believed each one of them was doing their level best for what they truly believe is best for the Town and residents. When issues came before them, they have not always agreed, but there was no reason for them to do so. At the end, they have always come up with a particularly doable resolution. He spoke of Ways & Means and saw the interaction between the Board and committees who volunteer – they perform an extremely important function, without them it would not be done as well or at all. At the meetings he has seen Town Officials, Department Heads and employees being drilled. As one lowly resident of the Town, he wanted to say thank you for a job well done.
Mrs. Peterman thanked Mr. Wood and thanked him for what he called a penance for being there for just about every Monday since last summer. They encouraged people to come to the meetings and watch them on television. The most important thing for a citizen is to be well informed, she thanked him for his input from time to time.
Chairman Addie Hutchison presented a final report from the CIP Committee to the Selectmen and members of Ways & Means. She thanked the Board for inviting them in to give what she hoped was the last meeting of the year. She explained that in the final report the spreadsheet was missing, there was a miscommunication and everyone will get a copy, however, the Selectmen and W&M should have received it electronically. She thanked members of the Committee that were present: Jay Dinkel, Selectman; Sally Wilkins, Planning Board; Dick Dyer, Citizen at Large; Nancy Head, Amherst School Board – not present was Susan Ward and Janet Phelps. She also acknowledged former Town Administrator Carl Weber, Dwight Brew, Peggy Miller, Robert Heaton and John Maynard. She also thanked the Department Heads.
Mrs. Hutchison briefly described the various sections that were contained in the report as they related to financing methods and guidelines. There was a section describing what the priorities were and a section discussing each of them and a section by priority with a brief description why the Committee did what they did. There was also at the end, a conclusion of their recommendations. They included in the report demographics of population and the tax rate dating back to 1993 – they looked at the trend and a summary of the projects requested. Included in the appendices were the RSA’s that established a CIP, a copy of the Department’s worksheet and a copy of all the submissions for FY 2006 through 2016.
Mrs. Hutchison explained the Committee reviewed all submissions that they were given and made determinations about funding and priorities based on what they were presented at the time. “This is a living breathing document which will move up and move down and each year there will be changes”, she said. The Committee has already been contacted by Fire Chief John DeSilva about a particular vehicle submission in which they originally intended to trade off the vehicle and move vehicles around, but the decision now was made to get rid of the vehicle in order to get a new one.
Mrs. Hutchison continued … the crux of the matter was the recommendations and conclusions. (1) That the Town continue to utilize a mix of bonding, leasing, capital reserve and one time capital purchases. In general they recommend bonding in excess of $250,000 with the understanding that there will be items in the $250,000 to $500,000 range that were better funded in other ways i.e. a one time warrant article. That the Town look at leasing as the main option for obtaining vehicles. (2) That the Town look at instituting a road management program allocating sufficient funds on an annual basis to preserve its infrastructure. They recommend that the Town increase its road budget to an amount that adequately allows for the repair of roads on a regularly scheduled basis. They suggest that the Selectmen consider a $2.5 million bond to allow a catch up with projects that have been put off and prevent further deterioration of the roadways. (3) To establish the CIP Committee as a standing Committee with designated membership and terms.
(4) Based on one of its major purposes, the issuing of a CIP report allows the Planning Board and the Selectmen to set and collect impact fees. An important part of the equation is the input from the Amherst and Souhegan School Districts and their expansion and capital needs which are based on increasing school enrollments. As they were all aware, the School Districts have greater capital expenditures than all of the Town functions combined. Their data was essential to developing meaningful impact fee schedule. The CIP Committee appreciated the School Districts’ willingness to cooperate in the CIP process, but to date no submissions have been made by either Board. Since the Selectmen and the School Boards meet on a semi-regular basis, the Committee requests that the Selectmen convey the need for serious and consistent participation in the process. (5) The Committee believes that impact fees should be implemented as a funding mechanism to partially fund future capital needs as appropriate. Impact fees cannot be used to cover the cost of operation, maintenance and repairs, or facility replacements that do not increase the capacity or level of service. (6) Finally the Committee believes that part of its financing plan, the Town should continue to fund items through capital reserves. Consideration should be given to creating funds that allow the Selectmen to expend monies as needed without Town Meeting approval.
Mrs. Peterman thanked Mrs. Hutchison and the members of the Committee and those who were originally on the Committee for the efforts of the Town, Department Heads and Staff. She asked why had not the School Boards had any input into the plan? Mrs. Hutchison did not want to speak for them. This was a new concept to them and in the case of Souhegan they all knew they had a project and know there is an article on the warrant, but got so wrapped up in writing the article they forgot the CIP. The Amherst School Board was meeting to receive some revised populations figures, when those were refined their plan was to submit something.
Mrs. Peterman then asked about impact fees? Mrs. Hutchison felt it would serve both Boards well to sit down with someone who truly understands imposing impact fees and gather information for establishing them. She briefly spoke about her discussion with the Chairman of the Souhegan High School Board and the establishment of certain criteria. Mrs. Peterman commented that the Recreation Department could begin imposing impact fees based on this report.
Mrs. Peterman asked for input from the Selectmen. Mr. Infanti had no questions. Mr. Grella appreciated this report and the work involved. He asked if they would be soliciting, in the future, more help from the School Boards and not take into consideration Nancy Head who was the only member represented from Amherst School Board. Mrs. Hutchison advised originally they had representatives such as Jan Phelps and Susan Ward who had originally participated but waned because of lack of time putting together several school budgets. The CIP Committee will do a great deal of their work through late spring and summer so that they can give the Selectmen an updated report in the early fall before they start their budget preparation.
Mr. Grella asked about other communities’ impact fees. Mrs. Hutchison thought this information would come from the Planning Board who had other discussions. Mr. Infanti had no questions, but would prefer reading the CIP report and digesting it, as it was an incredible amount of work and involved hundreds of men and women man hours. They, as a Board, appreciated how valuable a document this was.
Further discussion ensued as it related to impact fees, where the Town could impose them without the schools input, that the Town could impose them for road impact fees, recreation fees and those fees would have to be spent within six years. The Town could go forward with all Town related projects, but most of the expenditures would be under the schools. It was suggested by Linda Kaiser that a target date be set for having the schools input and information and as a taxpayer she asked for this request of a School Board member. Nancy Head advised the School Board was presently developing a Master Plan that they would be completing within the year and they will have much more definite information.
After further discussion, Mrs. Peterman indicated that since they had a missing Board member she asked that the Selectmen review the Final CIP Report at their leisure and put it on a future agenda for adoption. If the Board had any questions, she suggested they email Mrs. Hutchison. It was noted that there were copies for the committee itself, for the Department Heads, a copy to be kept at Town Hall and at the Library. Mr. Dinkel mentioned that there had been several changes and that if the spreadsheet had not yet been printed these changes should be made. Mrs. Wilkins thought the spreadsheets had already been printed, but was the one document that changed the most. Mrs. Hutchison added that it was expensive to print, but needed to be in color to make it easier to follow.
(NH Communities for Adequate Funding of Education)
& Approve Releasing of the $5000 Pledge
Mrs. Peterman briefly reviewed the background that led up to the above request and the Town’s and both School Board’s agreements to fund this lawsuit. The Town Selectmen voted to appropriate $5000 from their legal budget to support the challenge to HB 616. She read from the Articles the name, object, provisions for establishing membership and participation. Mrs. Peterman explained what had transpired after the Claremont Decision HB 616 did away with a good portion of the donor communities obligations. Many communities have lost much of the grant and will continue to lose much of their grant including Amherst. She read from the Articles of Agreement that both School Boards – Amherst and Souhegan also agreed to pledge $5000. She further advised that the Selectmen by a vote of 4 to 1 voted to appropriate this money. Mrs. Peterman spoke about her opinion on the subject and felt it did not help communities across the State in a fair and equitable way. The citizens of Amherst should be treated the same as the former donor communities. Mr. Dinkel mentioned that this was not in Amherst’s long term interest to be part of this and he objected.
Mr. Infanti moved to accept the Articles of Agreement for NH Café and approve the release of the $5000 Pledge. Vote: 3 to 1.
Olson’s Petition Warrant Article Vote
Mrs. Peterman read Petition Article 28 and advised W&M supported it by 7-0 and that the Selectmen had not taken a vote. She advised there had been an ongoing legal dispute between the Olsen’s and the School Board relative to the Olson’s land vs. School Board land. This had gone to Court and the Court found in favor of the Town. The Olson’s were assessed Attorney’s fees and fines to be repaid to the Town and the Board did not believe it was the obligation of the citizens of Amherst to pay for those fines. Mr. Infanti agreed and from what he knew of the case, he did not feel it right for the taxpayers to have to pay the fines when the Court found them guilty. Mr. Grella commented that part of the judgment was that the Olson’s pay the fines and fees and felt they should make restitution to the Town. Mr. Dinkel asked why would the Town absorb the legal expenses that were accrued in Court?
Linda Kaiser believed there were many times when the School Board could have made an effort such as a lot line change. Mr. Dinkel said he could not agree more and a lot line adjustment would mean the School Board would give property to an individual. Mrs. Kaiser spoke about what had happened in the past. Mr. Dinkel indicated they were discussing the ruling from Judge Crocker. Mrs. Kaiser spoke about boundary markers, discussion with Charlie Tiedemann about moving the barn and pool and there was no discussion about a lot line change. Mr. Infanti indicated this was a Court case in which a Judge said they were wrong and the Town was right. Strictly as a taxpayer, he should not be paying someone’s legal fees and fines. Mrs. Kaiser spoke of a 32 page web site and indicated that the voters should decide. In response to Mrs. Peterman’s question, Mr. MacGuire indicated he had not received a legal opinion. Mrs. Peterman asked that Town Counsel put something in writing.
Mr. Infanti moved to not support Article 28 for the Olson’s fees and fines, second by Mr. Grella. Vote: Unanimous.
Mr. Dinkel responded to David Brooks, Telegraph Reporter’s question – there was the suit that the Olson’s brought against the School Board as to who owns what land and then a subsequent suit because the Olson’s built a pool and a barn on the questionable ownership portion of land. Dennis Olson, 11 Baboosic Lake Road, commented that he did not know how much of the entire situation they knew about. When they were in Court, Judge Crocker was made to make her decision because there were particular rules that she had to follow. He did not believe she wanted to follow those rules. If they knew him and his family and the volunteer services he did, they would change their vote and he request that they do this.
Rescind Domestic Animal Ordinance Petition Article Vote
Mrs. Peterman also read Petition Warrant Article 27. In checking with Town Counsel, even if this petition article passed by the Town there was no requirement for the Selectmen to rescind the article because it specifically speaks about the Wilkins Pond Geese that cross Mack Hill Road. It does not refer to any other geese and was a safety issue and she would vote against rescinding. Mr. Infanti mentioned that the ordinance was not put into effect because of the Mack Hill geese since there were other particularly testy problems between neighbors and, not according to popular belief, with just the geese on Mack Hill. He did not support this petition. Mr. Grella thought the difficulty if this was to pass, why would this be all right for some roads in Amherst and not all roads in Amherst. He was against this. Mr. Dinkel indicated he was in the minority originally, but he was opposed to this petition because it was to specifically exempt a specific flock.
Mrs. Kaiser indicated that there was a dam next to her property and she couldn’t fence around the dam and couldn’t fence the creek and the Town spoke about the amount of fine being $1000 per day and thought this excessive. Mr. Infanti asked if this was the same Ways & Means Committee that wanted to find people more traffic tickets? Liz Overholt, Boston Post Road, suggested if they substituted the word “dogs” vs. “geese” in an ordinance – if you can’t control the geese then you shouldn’t have them in your yard. Mr. Infanti said he was not opposed to revisiting the ordinance and thought the $1000 fine ludicrous. Mr. MacGuire advised if this was listed as a violation it would exist, other times this isn’t the case and he was unsure how this ordinance was written.
Mr. Infanti moved to not support this, but as a follow up to look to see if this was something they could reduce, second by Mr. Grella. Discussion: Mr. Dinkel suggested they look to see whatever fine it was for having a dog without a leash. Mrs. Peterman thought it should be whatever the paramount fine was per the RSA. Robin Warren, W&M, mentioned that the Committee took a very courageous act and took no position. Vote: Unanimous.
Life, Short & Long Term Disability Proposal
Mr. MacGuire indicated the Town received two packages – one from Primex and the other from LGC (Local Government Center) and received approximately ten days apart. He briefly spoke about the cost both organizations were offering for the above plans. He did not know how the Board handled this in the past and if they were willing or had the desire to have each organization come in to talk to the Board because at this point they were talking about fairly close numbers.
Mrs. Peterman thought the details were as important as the costs and it was the specifics of what the coverages were that was most important. Mr. Infanti wanted to read through the information before making any decision. The Primex numbers were less if the were talking “apples to apples”. He thought that Primex gave them a pretty clear definition where NHMA gave the numbers, but didn’t say much else, but if they were to compare “apples to apples”, they were more expensive. He felt if they knew it was “apples to apples” then there would be no sense for them to come in. Primex gave them everything they needed to know. Mrs. Peterman asked that Mr. MacGuire ask Wendy Parker to give them more information. Mr. MacGuire advised he had no problem doing this as the Health Trust is currently providing for the Town.
Request from ACC to Change Town-Owned Land Listings in the Town Report
William Wichman, Conservation Commission member, advised that the Town owns all of the listings in the Town Report, but he was questioning how they were designated - some are Conservation lands and some are Parks. When reading the Town Report there was some listed, but not all of them. He spoke of his report pertaining to Joe English Reservation, Missing Lands Owned by ACC, Bragdon Field in Bedford, Town Parks, Tax Deeded Lands, and Conservation Easements. Sharon Frydlo spoke about the history of the listings in the Town Report and how they evolved. Mr. Wichman commented briefly about several parcels they the Commission felt were listed incorrectly. Mrs. Peterman asked that the list be updated on a regular basis.
Appoint Robert Heaton to Recreation Commission
Mr. Infanti moved to appoint Bob Heaton to the Recreation Commission, second by Mr. Dinkel. Vote: Unanimous.
Award Police Cruiser Bid
Mr. MacGuire reported he received three quotes within several hundred dollars of each other and recommended the Selectmen award the bid to Granite Ford, Rochester for $20,737 per unit or $41,474 for two cruisers. Mr. Infanti so moved, second by Mr. Dinkel. Discussion: In response to Mr. Grellas’ question, Mr. MacGuire will contact the dealers’ State bid list. Vote: Unanimous.
Update of Web Site
Mrs. Peterman advised that it has come to her attention that the web site has not been updated in many areas for some time. While Rich Hart is doing it someone has to tell him what to do and the changes to be made on a regular basis. She asked how they wanted to proceed. Mr. Infanti felt Sharon was maxed out. Mrs. Frydlo spoke briefly about her role in updating agendas and minutes routinely along with other minor updates. Mr. Infanti felt they should have a Town Administrator within the next six weeks and Sharon can’t do everything. They had discussions about how many hours a woman can work in a week. He did not know the answer, but felt they needed to involve the Town Administrator. Mrs. Peterman suggested a memo be sent to all the Department Heads and Boards and Commissions Chairmen and asked that they go on the web site in their particular area, make notes and send them to Sharon initially and then she can forward them onto Rich Hart for them to be updated. Mr. Dinkel asked that it be brought up at a staff meeting. Mr. Grella suggested enlisting students from Souhegan for their community service.
Assignments to Deliberative Session & Voters’ Guide
The Board went through the list of 24 Warrant Articles and picked their assignments to either talk about at the deliberative session or give an explanation in the Voters’ Guide.
Other Business
Relative to Town Hall – Mr. Dinkel reported they moved all employees on the south side of the building to the north side and he thanked Bruce Berry and Gary MacGuire for this. Mrs. Peterman commented that everything looked absolutely beautiful and that many citizens should stop in. Everyone involved had done a wonderful job. Employees have preserved, put up with the noise and everything associated with the renovations. Mr. Dinkel mentioned that the Town Clerk’s Office had not yet moved back and it would probably be a month away. She is anxious to move back from the Fire Station.
Mrs. Peterman spoke about the dedication of the Town Hall, similar to when they opened the handicapped ramp, as well as the dedication of the small conference room in the name of Felix Hertzka for contributions received in his name. The Board briefly discussed the timeframe for this. Mr. MacGuire reported that his plan would be the beginning of March and they were making leaps as it pertained to technology and Bruce Berry’s department was finishing off the kitchen area. Mrs. Peterman commented that one of the best things was that happened was the employees will have a lunch room since they have been eating at their desks.
Mr. Dinkel asked about a letter the Selectmen received. Mr. MacGuire advised that after looking at the response, it looked as if the legal process was in place and addressed. He thought the Selectmen might want to let the process occur, the other issue was a personnel issue and asked if the Board has seen Charlie Tiedemann’s response - he did not believe the Selectmen should be involved in this. Mr. Dinkel asked if Mr. Bevis knew what he should be doing? Mr. MacGuire advised there were two issues – the historical issue of notification and then to take the response from the Department Head and bring Mr. Bevis up to date of where the Town now stands. Mrs. Peterman felt that there was a procedure, but it didn’t mean it had to be continued in this way.
Mrs. Kaiser asked about the vote on the elderly and blind exemptions. She had talked to Gail Stout in order that she understood this and she indicated it all went up, but still stayed the same. There were 100 exemptions and five blind exemptions.
Voters’ Guide Assignments
Mrs. Peterman advised that for the Voters’ Guide the assignments were writing information for the various warrant articles. Mr. MacGuire reported he has asked the Department Heads to submit something to him by Wednesday along with “talking points” relating to the operating budget for each Selectman to handle those areas. Mrs. Peterman commented that this was one way they were able to make statements about a particular warrant article within the scope of the law.
Minutes
Mr. Dinkel moved to approve the minutes of January 3, 2006, seconded by Mr. Infanti amended as follows: Line 38 – Correct “charge” to “charged”; Line 71 – Correct “the” to “they”; Line 211 – Correct “”new” to “newly” and “hire” to “hired”; Strike “to” and replace with “first”; Line 226 – Correct “hired” to “hire”. Vote: Unanimous.
Mr. Grella moved to approve the minute of January 5, 2006, seconded by Mr. Infanti. Vote: Unanimous.
Mr. Dinkel moved to approve the minutes of January 13, 2006, seconded by Mr. Infanti. Vote: Unanimous.
Mr. Infanti moved to approve the minutes of January 19, 2006, seconded by Mr. Dinkel. Vote: Unanimous.
Mr. Infanti moved to adjourn the meeting at 8:30 p.m., seconded by Mr. Grella. Vote: Unanimous.
Respectfully submitted,
Sharon L. Frydlo
Executive Assistant