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Town of AmherstBoard of SelectmenOctober 30, 2006
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Chairman Bruce Bowler called the meeting to order at 7:02 p.m. Selectmen present: George Infanti, Thomas Grella, Jay Dinkel and Reed Panasiti. Also present Town Administrator Gary MacGuire and Executive Assistant Sharon Frydlo.
Cal Wood, 10 Woodland Drive, asked the status of the Board’s invitation to the Town’s State Representatives to come in and discuss education funding. Mr. Bowler advised the Board had not agreed to do this and decided not to go forward. The candidates’ forum was held last Wednesday night at the High School and that night at the Milford High School. They never found an official group to host it.
Mr. TenBroeck told the Board he has lived in Amherst for a year and a half with a background of 31 years living in Framingham (population of 71,000). He had the privilege of serving on the trash recycling committee. They had the cheapest collection of trash, had established a recycling committee and put in curb side pickup. He briefly spoke of his involvement in the community as a “master recycler”. Mr. Infanti commented that Mr. TenBroeck joined the local Rotary Club and has 42 years of service and was please to have Peter’s commitment to the Town. Mr. Grella was impressed with his expertise, he would definitely be an asset to the community and hoped everyone would go along with his efforts. Mr. Dinkel shared his concern of the low rate of recycling in Town.
Mr. TenBroeck remarked that it was cheaper to recycle than to through away trash. They need to recycle for the state of their kids and grandchildren. Mr. Panasiti mentioned that it took people with his knowledge to bring this forth as it was an educational process and he would recommend him doing this. Mr. TenBroeck added that both he and his wife wanted to volunteer at the Transfer Station. Mr. Infanti moved to appoint Peter TenBroeck to the Recycling Committee effective immediately, second by Mr. Grella. Vote: Unanimous.
Mr. Dinkel moved to accept the low bid from Atlantic Printing in the amount of either $2150.00 for a black & white cover or $2650.00 for a color cover, second by Mr. Infanti. After a brief discussion, Mr. Dinkel amended his motion for having the color cover option at $2650.00, seconded by Mr. Infanti. Vote: Unanimous.
DPW Director Bruce Berry advised he received two bids for soil borings for the Baboosic Lake Community Septic Systems and he would recommend Miller Engineering at a price per day. Mr. Infanti moved to award the borings bid, based on DPW Director Berry’s recommendation at a price per day at $1535.00 and rock core at $75.00, second by Mr. Grella. Mr. Infanti amended his motion to include this was for Phase II, second by Mr. Grella. Discussion: There was a brief discussion on the rock core per day vs. per foot in the bid from Great Works Pump & Test Boring. Vote: Unanimous.
Both Mr. MacGuire and Mr. Berry told the Board that they had received three bids, but due to the necessary prep work on Mr. MacGuire’s part, he was not sure all parts of the bid were speced out and he had a concern on the way they advertised the dispatch base. The dispatch committee met to have a discussion about interoperability, the way the bid was put out and recommend rejection of all bids. Mr. Infanti moved to reject the two-way radio bid and re-advertise the bid, second by Mr. Dinkel. Discussion: Mr. Panasiti remarked they were rejecting something they did not have before them. Mr. MacGuire explained what they would probably do is break the bid into several different parts – mobile and base, but there was nothing wrong with the bids themselves. Vote: Unanimous.
Mr. Berry advised he was requesting that two Kut-Kwick riding mowers with the age between 15-18 years old be declared surplus. The equipment was taking up storage space and not being used. The only other department that may have a use for this equipment was Recreation, but would become a financial burden for them. He was also requesting that scrap steel parts consisting of four plow frames and three plows be declared surplus. In response to questions asked, he suspected this equipment would go to the White Farm or put out to bid. Mr. Infanti moved that the following equipment be declared surplus: 1 Model P2206-I/11003C Kut-Kwick with Oran Performer riding lawn mower, 1 Model B4 GGA020/4294F Kut-Kwick riding lawn mower at 18 years old be put out to bid, second by Mr. Grella. Vote: Unanimous.
Mr. Infanti moved to scrap steel parts and four plow frames and three plows as described to discard the best way they can be disposed of, second by Mr. Grella. Vote: Unanimous.
Mr. Infanti moved to open the public hearing at 7:25 p.m., second by Mr. Grella. Vote: Unanimous. Discussion: Mr. Bowler read the proposed ordinance as it related to the following: Establish a stop sign on Carriage Road at Davis Lane; establish a stop sign on Hillside Avenue at Broadway; establish a stop sign on Manhattan Drive at Caldwell Drive; establish a stop sign on Knight Street at Main Street; establish a stop sign on West Street at Broadway; establish a stop sign at the Transfer Station at Route 101; replace a yield sign on Old Manchester Road at Walnut Hill with a stop sign; replace a yield sign on Thornton Ferry Road I at Courthouse Road with a stop sign; replace a yield sign on Border Street at Amherst Street with a stop sign and replace a yield sign on Boston Post Road at Corduroy Road with a stop sign. With no comments from the public, Mr. Infanti moved to close the public hearing at 7:27 p.m. second by Mr. Grella. Vote: Unanimous.
Board members commented that Highway Safety did their due diligence. Mr. Infanti questioned a stop sign on Border Street at Amherst Street and was unsure whether the intersection needed it. Mr. Grella felt that at that intersection and looking back towards Milford was a difficult spot. Mr. MacGuire added that traffic increased over the years and the angle at that intersection was an issue. Mr. Bowler felt that “yield signs” should be “stop signs”. The Transfer Station stop sign was discussed along with its placement. Mr. Infanti moved to accept the new Town of Amherst Ordinance pertaining to stop signs to go into effect November 17, 2006, second by Mr. Grella. Vote: Unanimous.
Mr. Infanti moved to open the public hearing to accept unanticipated revenue at 7:34 p.m., second by Mr. Grella. Vote: Unanimous.
Mr. MacGuire read a list of funds received for Public Works, the Fire Department, Planning/Zoning and EMS from as low as $250.00 for the selling of a snow plow blade up to $46,055.14 for a Federal disaster refund with the total amount being $65,483.11. Tedd Landon, W&M, questioned property damage coverage reimbursement with Mr. Berry explaining the damage done to Town property and the reimbursement. Mr. Infanti moved to close the public hearing at 7:39 p.m., second by Mr. Dinkel. Vote: Unanimous. Discussion: Mr. Bowler asked about mutual aid to Goffstown. Mr. Berry advised the check came from Goffstown for payroll and a truck Amherst sent to them under mutual aid. Mr. MacGuire added that much like Amherst got a reimbursement, Goffstown also received one from FEMA. Mr. Berry commented that public mutual aid is different than Fire and Police where everything is listed. Mr. MacGuire remarked that the assumption was made that help to Goffstown was reimbursable. Mr. Dinkel moved to accept the unanticipated revenue as listed at $65,483.11, second by Mr. Panasiti. Vote: Unanimous.
Other Business
Mr. Bowler advised that two weeks before, Mr. Berry asked if he could get a portion of the $46,000.00 funds coming back from FEMA and use it to build a lean-to to protect some of his equipment at the salt shed. Mr. Infanti was comfortable with this and thought it a worthwhile amount for this project. Mr. Grella mentioned they had already started some of the work. Mr. Berry advised they started some of the work when he received the Board’s blessing two weeks ago. Mr. Dinkel felt this was a good investment. Mr. Panasiti commented he understood the concept about using money from his budget and then putting it back in. After thinking about this, he wondered if they received reimbursement from FEMA and they may have other emergency expenses due to storms, would it be prudent to put this money into a fund so that they don’t continue to take funds out of the budget as an unanticipated expense. Mr. Bowler thought this may take a legal opinion to establish this type of fund.
The Board debated this suggestion further indicating that if they decided to put emergency funds into a capital reserve, it would take a Town Meeting vote to initially fund it and in the future all FEMA funds received would be put back into the capital reserve rather than taken out of someone’s budget.
Mr. Infanti moved to take $41,985.81 for the Public Works portion and $20,000.00 for DPW building repairs and the balance towards hot top, second by Mr. Dinkel. Discussion: The question was asked that because the $20,000 is an even number, would the remaining funds be used for other building repairs. Mr. Berry advised that if there was another difference, the funds would go for other DPW building needs and projects. Vote: Unanimous.
Robert Schaumann – Request for 45 Minute Limited Parking at the Polls
Mr. Schaumann advised that several years ago, during a national election, a sign was put up regarding the limited parking per the Board of Selectmen. Mr. MacGuire commented that without an ordinance this would not be legally binding. Mr. Schaumann indicated this was done two years ago and a nice way to say “please move your car”. Discussion ensued about the various areas for parking and the use of golf carts to transport people from the parking lots to the polls. Mr. Grella was uncomfortable with the Selectmen addressing something like this on school grounds when there was no way to enforce it. Mr. Schaumann indicated that as the Moderator, the school property was his responsibility during an election. The majority of the Board agreed with the sign and it was suggested by Mr. Bowler to check with Steve Coughlan to see if he wanted to bring this matter to his Board.
Other Business
Mr. Infanti reported that last Wednesday night they had their first meeting with people interested in serving on the Master Plan Steering Committee. There will be an additional meeting on November 8th. He also did not believe they received a letter yet from the Cemetery Trustees regarding parking in front of the Old Cemetery – the decision was to stay six feet from the wall. Mr. MacGuire advised the letter had been received that afternoon. Mr. Infanti explained he had paced it off and he did not know how many cars they can park straight in or at an angle. The intention was to put curbing six feet off the wall. Relative to striping, Mr. MacGuire thought that perhaps Recreation could do this for them.
Mr. Grella had nothing to report. Mr. Dinkel indicated he would be requesting a non-public session to discuss land negotiations. He also commented on the Town Hall parking with Mr. MacGuire explaining that they would not be keeping the poles. Mr. Dinkel asked who was paying for the incorrect data that was given to them by the sonar company or had they paid any of the bills. Mr. Infanti mentioned they found objects in the parking lot and they weren’t exactly sure where the tombs were, but found a number of objects in the scanned area. They were talking about 7-8 stairs leading to the tomb. Mr. Dinkel felt they had spent a great deal of extra work for something he did not think they should have contracted for.
Mr. Bowler reported the Selectmen met last Monday night to look at the Norton Street property and town owned property on Greenwood Road. Mr. MacGuire advised this was tax deeded property and this can now be in their hands. Mr. Bowler thought they needed to decide on Greenwood whether they want to advertise and send out information to the abutters on either side and across the street indicating they were accepting bids on the property. After seeing what was there and that the land goes down to the lake, there was nothing for the Town to maintain, but it benefits one of the abutters, did they want to advertise this property. He suggested they send notices seeking sealed bids to the abutters and advertise in the “Cabinet” and “Citizen”. Mr. Infanti so moved, second by Mr. Grella. Vote: Unanimous.
Relative to Norton Street, Mr. MacGuire advised he had a copy of Town Counsel’s letter that was mailed to the successful bidder’s attorney and had not heard back that she received a verbal or written answer. They had made it clear what the Town needs, if he was no longer interested. Mr. Bowler commented that if the second bidder was not interested, they needed to put money in the budget to remove the building.
Mr. Panasiti asked about the Master Plan Steering Committee and was it made up for everyone that was interested. Mr. Infanti believed there were letters written to different volunteers, organizations and departments and will also be made up of anyone who was interested in serving on it. If the Committee had 40-60 people, it would be wonderful and they would shape the Town of Amherst for the next 20-30 years. The Planning Board would like to get a diverse part of the community to make it work for the Town.
Other Business - LUCT
Mr. Panasiti reported at the last PMEC meeting they talked about the new building under construction. They also talked about Phase III and the ability to come up with funding for the final phase. Anne Krantz had done some background research on LUCT warrant articles over many years and had given him this via email. He had asked Mr. MacGuire what they can or cannot be used for and they received a ruling from Town Counsel. PMEC wanted to plead their case on use of those funds for Phase III. Currently this fund had almost $800,000 and can be used for anything the Town deems necessary, including buildings and renovations, but would have to be voted on by the Town. This money, he said, is available to be used and “was sitting there not being used”.
Mr. Dinkel felt this was a good idea to bring out on the table. The Town approved a bond for open space acquisition and they need to “think long and hard how the LUCT penalty should be used”. Half of the funds were appropriated to land use, a consideration should be taken on how to use the other half now that it has been built up to $800,000 and he asked that the Board ponder this. Mr. Grella agreed they needed to look at other possibilities for the use of this money and that there were many avenues they should study. Mr. Infanti agreed with Jay, in that they would probably see within the next several months to a year, more serious money going into that fund. Mr. Bowler indicated they would need to look into this seriously because it would have to be voted on by the voters. Mr. Infanti would love to see PMEC finished because they did a lot for the Town. He did not believe they would be as self-staining as they said they would and was not going to happen – they were a tremendous asset to the Town and they needed to look towards the future.
Mr. Bowler suggested they look at it and what was there and divide it up into various funding including road maintenance. Funds coming out of current use were because of development that would include road improvements and they could put part of this money towards this because they were getting “hammered” about the roads that were breaking up more and more and winter was fast approaching. Mr. Dinkel commented that this funding was significant and they should use it wisely, but it was accumulating without direction. Mr. Bowler also thought it good this was on the table and asked that the Board think about it and where this direction should go. Mr. Panasiti asked that PMEC come in to state their case and asked if each Selectmen’s Liaison go back and talk to their individual Departments about this in an effort to do something for the Town long term. In answer to Mr. Bowler’s question, he was unsure of the final figures for finishing Phase III for PMEC.
Tedd Landon, W&M, mentioned that last year when they finally received the income accounts, it did not include the current use amount. He would like to look at this as well and wondered when they would get the budget.
Mr. Bowler advised that when PMEC comes in to discuss their budget, the Board will save extra time for them to present their case on requesting current use funds. He also asked when the budgets would be put into their books. Mr. MacGuire advised that the preliminary budget was put into their hands that night and should have all of their projected increases including COLA, however health insurance was a projection. The COLA for the Union was a mandated 2.3%. Mr. Bowler asked that copies be emailed to W&M for a preliminary review. He reported that three Departments had met with a W&M rep, the Department Head and Town Administrator – Recreation, DPW and Police. Mr. MacGuire advised on his discussion with W&M Chairman Neal Foley relative to the process. Mr. Bowler advised W&M members that the budget would be emailed to them the next day. Mr. MacGuire advised he was not delaying the process, however, there were some Departments more ready than others.
Mr. Bowler advised that the Board’s November 6th meeting would begin at 6:30 p.m. to recognize members from both EMS and Fire Departments and potentially have weekly meetings throughout November.
Minutes
Mr. Grella moved to accept the October 2, 2006 minute, seconded by Mr. Infanti amended as follows: Line 19 – Strike “a” before “volunteer”; Line 137 – Change “know” to “knows”. Vote: Unanimous.
Mr. Dinkel moved to accept the minutes of October 3, 2006 of a Special Forum – Route 101 / Old Manchester Road with the Department of Transportation, second by Mr. Dinkel. Vote: 3-2, Mr. Grella and Mr. Infanti abstained.
Mr. Infanti moved to accept the minutes of October 16, 2006, second by Mr. Grella amended as follows: Line 67 – Change “six wheeler trucks” to “were several trucks”; Line 185 – Change “that was in the policy” to “that it was covered in the policy”. Vote: Unanimous.
Mr. Panasiti reminded the Board of the ribbon shredding at the new Staples on Friday at noon.
Non-Public Session
Mr. Panasiti moved to go into non–public session at 8:52 p.m. under RSA 91-A:3 II (d ) land acquisition. The roll call vote was unanimous.
While in non-public session, Mr. Dinkel updated the Selectmen on an OSAC proposed Purchase & Sale Agreement with a local landowner and the conditions associated with the purchase of this parcel. He will apprise the Selectmen of the status and report back to them if there is a unanimous agreement.
The Board voted unanimously to exit non-public session at 9:22 p.m. and voted to seal the minutes.
Upon a motion made and duly seconded, the Board unanimously voted to adjourn the meeting at 9:23 p.m.
Respectfully submitted,
Sharon L. Frydlo
Executive Assistant