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Town of AmherstBoard of SelectmenApril 24, 2006
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Chairman Bruce Bowler called the meeting to order at 7:02 p.m. Selectmen present: George Infanti, Jay Dinkel, Thomas Grella and Reed Panasiti. Also present Executive Assistant Sharon Frydlo.
Citizens’ Forum
There were no comments or concerns from the audience.
Minutes
Mr. Infanti moved to approve the minutes of April 10, 2006, second by Mr. Grella amended as follows:
Line 20 – Insert a comma between “was” and “would”; Line 49 – Insert “was” at the end of the line; Line 69 – Insert “to approval, then” after “prior”; Line 338 – Change “was” to “is”; Line 339 – Change “have” to “has”; Line 393 – Insert “compared” after “there”; Line 507 – Insert “Steve Coughlan” after “Chairman”. Vote: Unanimous
Public Hearing – Acceptance of Land Donation
Mr. Dinkel moved to open the public hearing at 7:12 p.m., second by Mr. Grella. Vote: Unanimous.
Mr. Bowler advised the piece of land was off the B&M Railroad bed between Walnut Hill and 101. Jim Bowen, Conservation Commission reported the Chairman had emailed everyone on the Commission to attend. Most of the parcel was wetland and the Commission agreed it was best to take. After a brief discussion Mr. Infanti moved to close the Public Hearing at 7:22 p.m., second by Mr. Grella. Vote: Unanimous.
Mr. Infanti moved to accept a 2 plus acre meadow lot as a gift from Jacqueline Rose, Trustee of the Albert A. Thibault Trust who was pleased to donate it to the Town of Amherst’s Conservation effort, subject to Attorney review of the deed, second by Mr. Grella. Vote: Unanimous.
Boards & Commissions Interviews
Brian Dillon – Planning Board: Mr. Dillon told the Board he was a resident for three years, currently was a national account sales manager for Campbell Soup Company. He was interested in serving on the Planning Board – he had moved around a great deal and was finished doing that and would like to contribute something to the community. He would be willing to serve as an alternate member. He was willing to serve on other Boards and Commissions. He would like to play an active role in Town particularly when the Master Plan was being worked on. He would also like to serve on the Master Plan Committee when formed.
Committees Without Term Limits Discussion
Mr. Dinkel reported he brought this subject up and that over the past several years they have brought together many initiatives without term limits. Mr. Bowler asked if they should have regular members as well as alternates. Mr. Dinkel felt that the PMEC Advisory Board was the most unique one. The Board briefly discussed the number of regular members and alternates they might consider. Mr. Bowen spoke about the original two members currently serving – he said they looked for a number of Moms to help with the curriculum and asked why they needed alternates when seven regular members were fine. The Board briefly discussed whether or not there was a need for alternates. Mrs. Frydlo told the Board that the Chairman had asked that the Selectmen do nothing with the Advisory Board at this time.
Interviews - Continued
Steve Brunelle – Road Commission: Mr. Bowler advised that Tom Sommers wanted to reapply for his current position. Mr. Brunelle told the Board he had been a resident for 34 years and spoke about his background in electrical contracting for 32 years, prior to that his experience was being a heavy equipment operator. His initial interest was because of the deterioration of the roads and lack of preventative road maintenance. He recently met with Bruce Berry. He felt this position would present him with an interesting challenge – the work would not be cheap and would not happen overnight. Mr. Bowler reported this was an Advisory Board only. Board members spoke of knowing Mr. Brunelle and talked about his ethics and being an asset to the Commission. Mr. Infanti’s observation was that the amount of work that needed to be done on the roads in the next five years, there may be a need to have a larger Commission and their members input may be called upon much more than previously. Mr. Panasiti moved to appoint Steve Brunelle as a member of the Road Commission, second by Mr. Dinkel - Mr. Brunelle’s term to expire in 2009. Vote: Unanimous.
Charles Duval – Historic District Commission: Mr. Duval would like to keep the Town looking the way it does now. He did not see anything coming up that would be a big issue or major topic. There was a need to preserve the houses they have. He personally would like to see the sidewalk continue to the store on Main Street. People park on Town property instead of in front of their own homes and tend to put up sticks in front of them.
Neil Benner – Historic District Commission: Mr. Benner told the Selectmen he has been an alternate for the past two years and is a project manager for a local construction company. What he deals with on a day-to-day basis helps him keep to the NH Preservation Alliance and preservation was very important to him. The biggest issue is the Island Pond Subdivision with over 50 or more units to be built in the Historic District. A conceptual plan came before the HDC and was designed for single family dwellings. One they haven’t seen is the one designed for multi-family homes. The second time they met with the Commission, they determined how much land was actually in the District – it was important and set some precedents down the road. He was fine remaining an alternate member, however, if there was a full member slot open, he would like to be considered for it.
Mr. Panasiti asked if the Selectmen’s position and Planning Board representative be outside the regular seven members. Mr. Infanti indicated that the RSA states you may have a Planning Board member, but you shall have a Selectman as a member.
Andrew Ouellette – Heritage Commission: Mr. Ouellette indicated he had been a member of the Commission since it had been established – his first term was a one year appointment as a full member and then his term was staggered. They were doing a lot of important work and had a great deal ahead of them. He spoke about the Historic Resource Survey and how they were ready to begin the legwork by visiting all the historic homes in Amherst. They were looking to bring someone in from the outside to act as the project director – hopefully someone who was working towards a school related degree in preservation. They would also like to recruit some volunteers to do some of the legwork. The Commission was also taking the lead for the 250th Anniversary of the Town and he would like to stay as a member. Mr. Bowler advised Mr. Ouellette had been recommended by Chairman Will Ludt several weeks ago even though he had not reapplied at that time.
Committees Without Term Limits Discussion - Continued
Mr. Dinkel commented they decided to have nine members on PMEC with two members from the Conservation Commission and have the Chairman weigh in on the matter. Mr. Bowler asked Mr. Panasiti to get further input from the Chairman and report back by the 22nd.
CIP Committee: Mr. Dinkel felt there was no question about term limits on this Committee because they will naturally be changing some committees and there may be groups who should be representatives on it. They will need a representative from Ways & Means before September. Mr. Bowler advised Moderator Robert Schaumann indicated he would be naming a new Committee by the end of April. Mr. Dinkel asked if there were any further groups they needed to add.
Recreation Commission: Mr. Dinkel advised they designed this Commission and every group is represented. If a person is no longer a representative, the Commission needs to be updated.
Storm Water II Committee: Mr. Bowler remarked that members of the Conservation Commission, Planning Board, Charlie Tiedemann, Bruce Berry and a Selectmen’s representative were the membership when first started along with Tom Sommers, through his expertise in dealing with storm water in his previous and present job in Hudson. Initially they tried to recruit a developer - that did not happen. Bill Wichman was appointed last spring because he was assisting the interns and had all the maps and the reason why he was appointed to the Committee. Mr. Panasiti is now the Selectmen’s representative. Mr. Dinkel felt this should be the same with no term limits.
Solid Waste Committee: Mr. Dinkel commented he would like this Committee to determine the term limits. Tom Sommers and Rick Wesenberg were two valuable people who designed the layout of the transfer station as well as getting Tom Lewis’ input on it. He believed the Selectmen needed to have term limits without limitation to the Committee membership.
Open Space Advisory Committee (OSAC): Mr. Dinkel spoke about the blend in membership on this Committee of nine members plus a Selectmen’s representative. Mr. Infanti asked whether or not Recreation and Ways & Means may change their membership. There were four citizens-at-large to split up term limits so that they will be divided by thirds and the Board should continue appointments as they flow from their respective committees. Mr. Bowler asked Mr. Panasiti at the next Recreation Commission meeting to check into this matter.
Communications Infrastructure Committee (CIC): Mr. Dinkel felt they should ask the Committee to divide amongst themselves to 1-2-3 year terms. Chairman Doug McAllister advised that when the Committee was initially set up, the Selectmen wanted just appointments. They could continue the way they are or discuss it at the next Committee meeting how they want to go – they have ten members, five are active, five inactive. Mr. Dinkel suggested that they ask for their own structure with some flexibility.
Historic District Commission
Mr. Infanti moved to appoint Rolf Biggers to another term on the Historic District Commission to 2009, second by Mr. Grella. Vote: Unanimous.
Mr. Infanti moved to appoint Charles Duval to the Historic District Commission – term expires 2009, second by Mr. Grella. Vote: Unanimous.
Mr. Infanti moved to appoint Shannon Galinson as an alternate to the HDC term expires 2008, second by Mr. Dinkel. Discussion: Mr. Dinkel noted there was a provision for any Land Use Board can have up to five alternates. Vote: Unanimous.
Mr. Infanti moved to appoint Neil Benner to the HDC, as an alternate member, term expires in 2009, second by Mr. Dinkel. Vote: Unanimous.
Mr. Infanti moved to appoint Carolyn Quinn to another term on the Heritage Commission, term to expire in 2009, second by Mr. Grella. Vote: Unanimous.
Mr. Infanti moved to appoint Andrew Ouellette to the Heritage Commission, term to expire in 2009, second by Mr. Panasiti. Vote: Unanimous.
Mr. Infanti moved to appoint Dotsie Bohan as an alternate member of the Heritage Commission, term to expire in 2009. Vote: Unanimous.
Mr. Infanti moved to appoint Nancy Spears as an alternate member to the Heritage Commission, term to expire in 2008, second by Mr. Grella. Vote: Unanimous.
Mr. Dinkel commented that this was another Commission that can have not less than 3 nor more than 7 regular members and 5 alternates. Because of two resignations, there are two full member openings.
Mr. Infanti moved to appoint Anne Krantz to the Conservation Commission, term to expire 2009, second by Mr. Dinkel. Vote: Unanimous.
Mr. Infanti moved to appoint Jim Bowen to the Conservation Commission as a full member, term to expire in 2009, second by Mr. Panasiti. Vote: Unanimous.
Mr. Infanti moved to appoint Tom Wilkins to the Conservation Commission as an alternate, term to expire 2009. Vote: Unanimous.
Mr. Infanti moved to appoint Linda Kaiser as a full member to the Conservation Commission for two years, term to expire in 2008, second by Mr. Panasiti. Vote: Unanimous.
Mr. Infanti moved to appoint Gary Cole as an alternate to the Conservation Commission, term to expire in 2008, second by Mr. Dinkel. Vote: Unanimous.
Mr. Infanti moved to appoint Meredith Borgioli to a two year term as an alternate on the Conservation Commission term to expire in 2008, second by Mr. Panasiti. Vote: Unanimous.
[Note: Cal Wood, Buckridge Drive, thought that several of Mr. Infanti’s motions were invalid because he used the word “nominate”. Mr. Infanti moved to change his previous motions.]
Mr. Infanti moved to appoint Sally Wilkins to the Planning Board, term expiring in 2009, second by Mr. Dinkel. Vote: Unanimous.
Mr. Infanti moved to appoint Gordon Leedy to a three year term on the Planning Board, term ending in 2009, second by Mr. Dinkel. Vote: 4-1, Mr. Panasiti opposed.
Mr. Bowler advised that one of the issues was that Cliff Harris was never appointed by the Selectmen to become a full member and that technically there is a full member position open that had been Ben Frost’s whose term expired in 2007. Mr. Grella moved to appoint Cliff Harris as a full member.
Discussion: Mr. Panasiti asked to talk about term limits specifically as it related to Mr. Leedy and how long the Board should have people continue to serve on Boards – whether it is 4-6-8-10 years. Mr. Infanti commented that the long one serves, the more knowledge they gain and as long as they are willing to give to the Town and continue to be an asset to the Town and the Selectmen, they should serve until they are no longer an asset – each Board should make that decision once a term is up. He personally did not think the Board should set term limits. Every several years they get to review that person and it is up to the governing Board that is sitting to make this decision.
Mr. Panasiti indicated he understood the knowledge, but it became complacent, that person becomes the fixture and spokesperson for the Board and can control them. He was not sure this was the best thing for any Board that a person stays on it so long that people turn to this person for guidance. He said he was talking in this instance about Boards in general and it came across because of Gordon Leedy’s appointment.
Mr. Infanti commented that Sally Wilkins was one person that would be a mentor and is giving up the Chairmanship this year for another person. Mr. Leedy was Vice Chairman when Mrs. Wilkins was not present and is slated to be the new Chairman, however, that was only his observation. Mr. Panasiti went back to his point and that was being on Boards too long, the personality of the Board becomes that person and was not in the best interest of the Town. Mr. Infanti mentioned that he agreed with him for all Boards and his feeling was that they look at all Boards in Town – they have some very strong Boards and see strong members and did not believe they had any members sway other Board members.
Mr. Panasiti said he spoke particularly about the Planning Board. Mr. Dinkel believed they had term limits in that no one has any more than a three-year term. Mr. Panasiti remarked they had a flow where people continued to ask for additional terms every three years. He thought they should set a limit to where they should set them for the number of times a person can sit on a Board and was “his take” on term limits. He did not know if there were any legal issues on restructuring after serving so many terms and then becoming ineligible. Mr. Dinkel strongly disagreed and did not think the Board should generalize. Relative to Mr. Leedy, he comes with seven years on the Planning Board with a great deal of experience – a typical appointment comes with the first term learning. He thought it inappropriate singling Mr. Leedy out for a term limit.
Mr. Grella felt each individual person should be judged on the performance they made during their terms. Mr. Infanti understood Mr. Panasiti’s concerns that whoever is sitting on the Board, the Selectmen at least have a liaison to each Committee and they should know about each member because they sat on them. When they come up for a three-year term, as a consideration, the Selectmen should know about their record. Mr. Infanti indicated he was uncomfortable about putting in any time limits.
Linda Kaiser suggested considering a member of Conservation as a voting member of the Planning Board and said it was a request of the Conservation Commission.
Mr. Panasiti indicated he had reservations about the Planning Board and as a member of the Board of Selectmen had received phone calls and emails. The Planning Board, from what he is hearing from individuals, should be balanced by what people call builders and pro-builders and making it more middle of the road, such as Linda brought up and bring in Conservation as a member. He suggested having equal amounts such as three individuals who have something to do with building, three individuals who are not building members and have Conservation members. Mr. Infanti reported he received about half a dozen emails and all but one had been involved in the Planning Board decision in their neighborhood. After last Wednesday’s meeting there isn’t a pro-developer as a member of the Planning Board. As the Selectmen’s representative, he would strongly defend them as a very fair, honest and no agenda Board and he would challenge anyone who makes this accusation. As a sitting member, he knows they have a very dedicated hard working Board with a diverse cross section of the community. Mr. Dinkel also received a number of comments from citizens and Mr. Infanti was right – many had specific projects or neighborhoods in mind. However, this was not universally the case, others had other issues. The Planning Board is a very high quality, highly educated experienced Board. He respected the work they have done and need to be sure there are counterparts – Conservation has been mentioned. He was not sure he was ready to appoint a member of Conservation because it would be a structure change. He suggested they talk to the Chairman and how they handle the Cliff Harris issue should be deferred until after talking to her.
Mr. Infanti indicated he appreciated the emails and tried to answer all of them – whether or not there was a project in their neighborhoods. He also appreciated the calls from citizens and valued their opinions. Mr. Bowler preferred holding off on the Cliff Harris matter. He also mentioned that for three years he had heard from Conservation that they don’t get a great deal of cooperation from the Planning Board. It was his feeling that they need to look and talk about potential representation from this Commission. Mr. Grella moved to withdraw his motion to appoint Cliff Harris as a full member, second by Mr. Infanti. Vote: Unanimous.
Mr. Bowen told the Board he had been attending these hearings for a long time and felt the Board was missing the point. The vote was usually 5-2, it was not a balanced Board and they had to look at the vote. Mr. Infanti commented that he read the minutes of the Board, he had 8-10 emails and he was not there to argue, but he took it as an affront that Mr. Bowen is saying he didn’t know what he was talking about. He mentioned a recent recommendation from the Planning Board on a new 21 house subdivision. Mr. Bowen spoke about the balance of pro-development. Mrs. Kaiser commented on the phasing on the Walnut Hill development. She talked about the Master Plan for roads and the level of service. The voters voted to phase development. Applicants who come before the Board know the rules and ordinances, but what she does not hear from the Planning Board is what is in the Master Plan which was voted on by the voters. They need some innovation by the Planning Board. She spoke about waivers by the Board and not at the level of Town Meeting which is where it should be done. Mr. Bowler asked Mr. Infanti to speak to the Chairman and Vice Chairman to see if they can meet with them at 9:00 p.m. at their next meeting.
Goal Setting Timeline
The Board will set a date for a work session to set their goals. DPW Director’s Road Surface Program will be discussed at a later date. The Board set May 24 at 7:00 p.m. as a training session for Chairmen, Vice Chairmen and Secretaries of Boards and Commissions to be run by Town Counsel Bill Drescher and Town Administrator Gary MacGuire.
Emergency Shelter Cost Reimbursement to SAU 39
The Board talked briefly about the request for reimbursement from the SAU office for opening the High School during a power outage in February. The Board will be requesting a summary of what the Town does for the schools without billing i.e. plowing, Fire Department details, etc. The Board also briefly discussed other issues if there was an emergency in Town and who and how to notify folks and what had been done in the past. Mr. Infanti moved to table the discussion until their next meeting, second by Mr. Dinkel. Vote: Unanimous.
Approve Recommendations and Sign
Mr. Panasiti asked for an explanation of the various exemptions which Mr. Dinkel gave. Mr. Panasiti commented that the elderly get the exemption and also the full value when they sell their home. He thought that the tax break should go back into the tax base when they sell those homes and felt they have revenue issues in the State of New Hampshire. Mr. Bowler mentioned that it was the same with the Warrant Article on the Veterans Tax Credit and the taxpayer has to pick this up.
Blind Credit: Mr. Dinkel moved to approve a blind credit to Oliver Hayes for $30,000, second by Mr. Infanti. Vote: Unanimous.
Abatement: Mr. Dinkel moved to abate $26,400 and $77,500 for Patch Hill Development in Milford near the boundary line dispute which is not in Amherst, second by Mr. Infanti. Vote: Unanimous.
Timber Tax: Mr. Dinkel moved to approve the timber tax of $1606.48 to WS Amherst Properties, LLC, $65.02 to Philip & Glenice Smith and $1701.71 to David Noble, second by Mr. Infanti. Vote: Unanimous.
Veterans Tax Credit: Mr. Dinkel moved to approve a $150.00 Veterans Tax Credit to: Stephen Kerekes, Joseph Tate, Lester Apigian, William J. Gahara, James Hall, Scott Stimpert, Nancy Robbins, John DeFilippo, Richard Nagy, Michael Campfield and David Ramsey, second by Mr. Infanti. Vote: Unanimous.
Elderly Exemption Credit: Mr. Dinkel moved to approve an exemption to Gemma Oreland 1st Issue $124,000, 2nd Issue $176,000, second by Mr. Infanti. Vote: Unanimous. Mr. Dinkel moved to approve an exemption to William & Anne Morrison 1st issue $62,000 2nd Issue $88,000, second by Mr. Infanti. Vote: Unanimous. Mr. Dinkel moved to approve an exemption to Richard & Eleanor Carr 1st Issue $124,000 2nd Issue $176,000, second by Mr. Infanti. Vote: Unanimous. Mr. Dinkel moved to approve an exemption to Robert & June Hartzog 1st Issue $62,000 2nd Issue $88,000, second by Mr. Infanti. Vote: Unanimous. Mr. Dinkel moved to approve an exemption to George & Elaine Driscoll 1st Issue $93,000 2nd Issue $132,000, second by Mr. Infanti. Vote: Unanimous. Mr. Dinkel moved to approve an exemption to David & Carol Waris 1st issue $62,000 2nd Issue $88,000, second by Mr. Grella. Vote: Unanimous. Mr. Dinkel moved to approve an exemption for Robert & Sylvia Lynch 1st Issue $62,000 2nd Issue $88,000, second by Mr. Grella. Vote: Unanimous. Mr. Dinkel moved to approve an exemption to Francis & Diane McLaughlan 1st Issue $62,000 2nd Issue $88,000, second by Mr. Grella. Vote; Unanimous.
Other Business
Mr. Infanti reported on the Cemetery Meeting he attended. There was an Eagle Scout project presented for a kiosk that would list each grave site and where it is located. It will be discussed again at their next meeting.
Mr. Panasiti reported on the Stormwater II meeting indicating that it was a pretty interesting unfunded mandate. There were things the Committee would need from the Selectmen and asked that the Board put the Committee on the agenda in the near future – the Board scheduled June 12 at 7:00 p.m. to meet with the Committee
Non-Public Session
Upon a roll call vote, the Board entered non-public session at 9:40 p.m. under RSA 91-A:3 II (d) consideration of the sale of real property.
The Board exited non-public session at 10:16 p.m.
While in non-public session the Board discussed a pending Purchase & Sale Agreement. They were also given an update on OSAC land interests.
Mr. Infanti moved to adjourn the meeting at 10:17 p.m., second by Mr. Grella. Vote: Unanimous.
Respectfully submitted,
Sharon L. Frydlo
Executive Assistant