|
|
Town of AmherstBoard of SelectmenJuly 24, 2006
|
Board of Health
Dr. James Starke, Chairman, called the hearing to order at 6:39 p.m. Selectmen present: Bruce Bowler, George Infanti, Thomas Grella and Reed Panasiti. Also present Deputy Health Officers Charlie Tiedemann, Mary Katherine Lockwood, in the audience Town Administrator Gary MacGuire and Executive Assistant Sharon Frydlo.
M/L 24-65
Dr. Starke advised this application was a conversion from seasonal to year-round use. Tim Ferwerda, Meridian Land Services was present along with homeowners Mr. & Mrs. John Tisdell. Mr. Ferwerda explained there is an existing house and dry well. They were proposing to replace this with a Septi-Tech Pre-Treatment System and a denitrafication tank. To do this, the garage and part of the driveway would be removed. The waivers they were asking for on the site would allow for fairly clean water to flow into the ground with the Stepti-Tech System. Dr. Starke would like to see a 50% reduction because of the high level water area. The home was originally a seasonal two bedroom house and he did not know if it was in his perview to recommend going back to a two bedroom house from the current three bedroom one listed. Two bedrooms become three bedrooms and he suggested that the design remain for a three bedroom house, but this would be up to the Selectmen to allow.
Mr. Bowler talked about the bed size being increased, Mr. Ferwerda indicated the actual dimensions of the field. He advised this was a Presby System and they were not calculated the same as pipe and stone systems. Dr. Starke mentioned the high water table and the small size of the lot would give a larger area. Mr. Bowler felt it the area should be increased by 2-3” wider. Mr. Ferwerda commented that he could go one or two rows wider – hopefully he could get it wider as opposed to longer because it would be getting closer to the well. Dr. Starke indicated this would be fine with him.
Mr. Infanti asked if this would be sufficient for three bedrooms? Mr. Ferwerda explained this was designed for three bedrooms with the Septi-Tech System and Presby System manuals. Questions and answers pertained to the garage and whether or not the required testing was going to be a condition of the sale of the dwelling. Mr. Grella asked how did the Town have any protection? Mr. Tiedemann responded the only way is to go with a bond. Historically the Town does not have three bedrooms in this area. Mr. Tisdell’s third bedroom was added on in 1992 and had been used as an office. Mr. Ferwerda commented that if it was added after 1990, they could get consideration from the State. Dr. Starke mentioned that many of these types of places, a study became a bedroom. Mr. Bowler added that a definition of a bedroom was that it had to have a closet.
Dr. Starke remarked that one other thing the Town has requested in the past is that the company that services this system does so yearly and in perpetuity. Mrs. Tisdall said they would have the well tested and thought this would be a good idea for the new owners to do and thought every well in the area should be tested because of the high nitrates and all information given to the Zoning Office.
After a brief discussion relative to the required number of feet to the abutters well compared to the waivers, and questions on the construction of the tank, Mr. Bowler moved to approve the six waivers requested along with the six recommendations from our Planning Director to allow this system to be installed, second by Mr. Grella: (1) To allow year-round use on a lot with less than 21,780 s.f. (2) To allow a 3 bedroom use when historically the use has been for only 2 bedrooms. (3) To allow a leachfield to be constructed within 35’ of existing wetlands. (4) To allow a leachfield to be constructed within 43’ of an existing well. (5) To allow a septic tank to be within 60’ of an abutter’s well. (6) To allow a septic tank to be within 63’ of Baboosic Lake with the following conditions: (1) The well shall be tested and certified as satisfactory and, in addition, shall be tested for nitrates. This shall be done before any new owner occupies the dwelling and then once a year thereafter. (2) The Septi-Tech System shall be tested and inspected once per year by the manufacturer. (3) Year-round use shall be limited to two bedrooms but the design shall be based on three bedrooms. (4) All reports and testing results shall be forwarded to the Zoning Office. (5) The manholes to grade for the system shall be located at least one foot above the 100-year flood level of Baboosic Lake to prevent flooding. (6) The proposed septic system shall be installed prior to any new owner occupying the dwelling. Also a reduction of the size of the bed be 50% not 75%. Discussion: Mr. Tiedemann commented that the system was designed for a three bedroom house which was fine, but it should be noted that this is a two bedroom house. Vote: Unanimous.
Dr. Starke reported on several meetings he has attended regarding local Boards of Health. Currently there is no process in place for closing public places due to the bird epidemic and it being a local law. In addition to State laws, it was recommended there should be local laws. The suggestion was that they close churches, restaurants and schools (to be under the perview of the Superintendent of Schools) and one thing the Board should think about. Mr. Bowler asked if there was any literature that would indicate who they should talk to? If they had a person in Town who was infected, they should immediately close churches, meetings and gatherings and it was paramount to keep people isolated and the Board of Health can do this. Mrs. Lockwood spoke about various pastors in Nashua that would voluntarily close without a law, however, businesses can lose money. Mr. Bowler mentioned that the company he worked for would close up.
Mr. Bowler suggested they talk and work with the churches rather than pass a law. Mr. Panasiti suggested they also talk to the Chamber. Dr. Starke commented that if it was an epidemic they had in the past, speed was essential. The lawyer at the meeting indicated that the Health Officer should have the authority to close down agencies. Mr. Bowler asked if Dr. Starke has heard of other towns doing this, to please pass this along to them. Mrs. Lockwood spoke of absentee owners and managers of businesses that would be harder to close down such as Lowe’s. Mr. Grella asked if it would be easier to notify them now. She felt they should find out what other towns were doing both from the legislative and voluntary sectors. This information would benefit all towns that was conservative and balanced, otherwise it would be chaos.
Regular Meeting
The Board took a brief recess and Chairman Bowler called the Selectmen’s meeting to order at 7:15 p.m. All above Selectmen were present with Jay Dinkel arriving at 7:57 p.m. Mr. MacGuire joined the Board at this time.
Citizens’ Forum
There were no concerns or questions raise by the public at this time. However, Mr. Grella indicated that at their last meeting during the Citizens’ Forum there was information brought forward that the Town does many illegal things that was not true – flags were permitted in many districts in the Town of Amherst. Cal Wood, he said, commented on many things that were not true and flags were definitely permitted in any district in the Town. There was a section of the ordinance that permitted the flying of flags, it did not specify exactly which ones, but people were allowed to fly National and State flags. There was a provision where flags can be flown and if he remembered correctly it was under exemptions. Mr. Wood indicated where in the ordinance it addresses prohibitive signs. A flag by definition in the ordinance was a sign, he said.
Mr. Panasiti mentioned he was not at the meeting two weeks ago and it was not proper etiquette if someone was not present to bring up their name and mentioned that he was in violation of the ordinance. In reading the minutes, he was not present to respond to his comments. He quoted from the ordinance under Section C. Exempt Signs. Mr. Wood commented that the ordinance was written so broadly that it was ridiculous. Mr. Panasiti told him that the Selectmen agreed with this. Mr. Wood said that Mr. Grella and he both had red, white and blue bunting and bunting is a prohibitive sign. He said the back of his truck is GMAC and the decal was illegal. Mr. Grella advised that it was a Federal regulation that trucks need to have this insignia.
Tom Sommers – Road Commission
Mr. Sommers advised he had been an engineer serving Public Works for almost 15 years and been on the Road Commission since the late 80’s, worked with “Red” Crocker and he has the highest regard for Bruce Berry. He has called Mr. Sommers on many issues – Mr. Berry is honest and does an excellent job and he wanted to help him succeed. After Board comments, Mr. Panasiti moved to reappoint Tom Sommers to the Road Commission for three years, second by Mr. Grella. Vote: Unanimous.
Stormwater II Committee
Mr. Sommers explained that Amherst, along with other areas, is part of the EPA Stormwater Program. One of the things the program requires that each community adopt an ordinance. The ordinance before them was an attempt that Mr. Berry put together, reviewed and added to by Charlie Tiedemann’s staff as well as Town Counsel. The mandate is that they take a stronger hand in protection Stormwater erosion and how people handle things in their yards. The ordinance covers construction even down to the single family home. In his work both in Amherst and in Hudson, the place where it falls through is a single building lot where they were seeing erosion. He asked if this would become a regulation or ordinance and would like the Committee to talk to Bill Drescher. A regulation is easier to change than an ordinance and has to be incorporated within the Planning Board’s site plan and subdivision regulations. They have a member on the Committee. This draft is more restrictive than either the site plan or subdivision regulations. He talked about everybody being treated equally in the ordinance and things to be worked out. Over all, this was a very good draft and a good start.
Mr. Sommers said he has a feel of what is going around regionally and they need to keep moving toward a warrant article, he reiterated that the Committee meet with Attorney Drescher and work with the Selectmen in a working session to discuss the issues. If they did not have any questions, it was his recommendation that he refer the draft back to the Committee and Mr. Drescher to answer any questions and then proceed to the public hearing process.
Mr. Bowler’s recommendation was for the Committee to sit down with Town Counsel and the Committee needs to give the Selectmen all the recommendations. He believed Attorney Drescher worked with Milford on Stormwater I and would like to see September as the timeframe. Mr. Sommers advised that their first permit is up at the end of next year where they have to have an ordinance adopted by then and will be by April 30, 2008. His advice was to have a workshop before it becomes an issue for a warrant article. Mr. Bowler would like Attorney Drescher present when the Committee comes back to the Board. Mr. Sommers indicated he would like to meet with Town Counsel first. Mr. Bowler advised that the Town Administrator could authorize this meeting with Mr. Drescher. Mr. Sommers said he read the draft ordinance twice and will ask Marge Drobat to make sure all Committee members receive a copy. He personally would like to see this be a regulation, but if Attorney Drescher says it can’t be, he will have the final say.
Mr. Bowler asked if parts could be a regulation and parts an ordinance? Mr. Sommers preferred one document that was clear. Mr. Panasiti asked if Dr. Starke needed to be involved. Mr. Sommers advised if the draft ordinance needed to determine the Health Department was the way to go, then he should become involved. The health, safety and welfare of citizens, is the Health Officer’s concern and a full time position in many communities.
Will Ludt – Freedom’s Way Heritage Commission
Mr. Ludt thanked the Board for allowing him this time. Most of them knew him as the Chairman of the Heritage Commission as well as working with the Historical Society in Amherst. He is also associated with a 501C Freedom’s Way Heritage Association Board of Directors. One of their goals is to have a National Heritage Area Designation for the Freedom’s Way area. They have been working with Congressman Bass and Senators Gregg and Sununu. There were approximately 28 heritage areas through the National Park Association with the bulk of the areas within the Northeast. Most of them have themes such as the Essex National Heritage Area: “Heart of Maritime Industry”; Hudson River Valley Heritage Area: “Trade, Native American, Gateway to the West”. Within the U.S., there are designated heritage areas that bring funding to the groups. He is working with the New Hampshire Congressional staff to get this through Congress and to fund their theme “The American Revolution”.
Mr. Ludt reported they meet monthly in Fort Devens, MA. There are more than 700,000 residents within 889 square miles of the Freedom’s Way Heritage Area. He has asked Caroline Quinn to be the Liaison from Amherst. He spoke about the variety of themes the FWHA can focus on, the legislative status and support from various people. They would like to propose legislation to eight towns in Southern New Hampshire: Amherst, Brookline, Greenville, Hollis, Mason, Nashua, New Ipswich and Milford. It was the southern tier towns that was once part of Dunstable, MA. There are approximately 14 designated Heritage Areas in the Northeast. Once designated a Heritage Area they can receive funding. He would like this area to be identified to receive grants not only in Amherst, but the other towns in the area as well.
Mr. Ludt spoke of the benefits for New Hampshire as they related to recognizing Southern NH’s unique regional and national heritage; increase of economic development in defined areas; heritage education and tourism that will enhance economic opportunities to name a few. This was the first briefing of the Southern New Hampshire audience and FWHA would like to receive a letter of support from the Aldermen and Selectmen. In Massachusetts, they already have draft legislation and hopefully it will come up in the fall. From the New Hampshire side, he has written draft legislation and passed it onto two of their State Representatives, but have not heard anything back yet. The Hollis rep is trying to get something from their State Representative.
Mr. Ludt told the Board that Massachusetts has been involved in the FWHA for eleven years and New Hampshire for the past two to three years. He indicated that the local Heritage Commission is in support of this. He will continue to work with Congressman Bass to get national designation and funding in the coming years. He hoped they can get some State Representatives to push this forward. Board members gave their opinions and felt they should support this endeavor. Mr. Ludt advised there would be no financial commitment from the Town to be part of this advocacy to move ahead. With the volunteers in the 501C organization, they will work with the Town’s liaison to make this happen. He told the Board he would come in on occasion and brief them on the status
Relative to projects, anything educational they would work through the School Districts on what the Heritage Area brings, said Mr. Ludt. They could potentially work towards funding at what the Heritage Commission brought forth in front of Town Hall. Grant money could be used for burying the cables as a project. If there were any Town designated houses or cemeteries, etc that needed repair or anything from an economic development project could be identified for grant money.
Mr. Grella moved that the Board of Selectmen endorse the efforts of the Freedom’s Way Heritage Association with best wishes, second by Mr. Dinkel. Vote: Unanimous.
Appointment of Police Officer
Mr. Dinkel moved to appoint Ryan Piotrwoski as a full time patrolman in the Police Department effective August 1, 2006, second by Mr. Infanti. Discussion: Mr. MacGuire advised this is one of the two current vacancies in the Police Department. One Officer went out-of-State and the other is his vacancy. Vote: Unanimous.
Vote to Award Bertha Rogers’ Trust Funds
Mr. Bowler reported the Directors of the Bertha Rogers’ Trust Fund recommended that the Selectmen award PMEC $50,000 for their building and $13,000 to the Heritage Commission to repair the foyer and entrance way of the Brick School. Mr. Infanti moved to go with the recommendation of the three Board Members to expend the funds to PMEC for $50,000 and $13,000 to the Heritage Commission, second by Mr. Grella. Vote: Unanimous.
Finalize Planning Board
Mr. Bowler advised they were down an alternate member on the Planning Board and asked the Board’s pleasure. Mr. Dinked mentioned that based on their conversations they had over the past month or so he would like to nominate Brian Dillon because he has been involved in this level and Cary Simmons had no interest in serving as an alternate. Mr. Dinkel moved to nominate Brian Dillon replacing Paul Doherty to 2008, second by Mr. Infanti. Vote: Unanimous.
Designate & Vote for Chairman to Sign Bank Notes
Mr. MacGuire indicated that this referenced the notes they awarded to First Colebrook Bank. They have requested that the Chairman of the Board and Town Treasurer sign them. After talking to Bill Drescher he recommended they designate the Chairman as the authority for the entire Board. Mr. Dinkel moved to authorize the Chairman to sign on behalf of the Town, second by Mr. Infanti. Vote: Unanimous.
Timber Tax – M/L 5-155, M/L 4-147-4
Mr. Dinkel moved to accept the timber tax for Harold H. Wilkins, Jr. Trustee in the amount of $1,611.80 and Brad Knight in the amount of $812.69, second by Mr. Infanti. Vote: Unanimous.
Minutes
Mr. Infanti moved to accept the minutes of June 26, 2006, second by Mr. Grella, amended as follows: Line 81 – Strike “”this required a vote” and replace with “a request for engineering proposals for Phase II would require a vote” after the word “advised”; Line 152 – Change “forward” to “forwarded”; Line 411 – Change 1.59% to “.95%. Vote: Unanimous.
Mr. Dinkel moved to accept the minutes of July 10, 2006, second by Mr. Grella. Vote: 3-0-2, Mr. Panasiti and Mr. Infanti abstained.
Other Business
Mr. Infanti said he had an observation to make about the evening hours downstairs at Town Hall. Last month he came to pay his taxes on a Tuesday at 6:40 p.m., before they had a Selectmen’s meeting and the window was closed. He thought they had Tuesday evening hours, he was not convinced that from 4:30-6:30 p.m. were evening hours and thought this was something they should think about. Mr. Panasiti asked who set the hours? Mr. MacGuire advised that when they moved to Tuesday night, the Town Clerk set her own hours. Mr. Dinkel remarked that the Tax Collector does not. Mr. Bowler mentioned that walking in Town Hall in the morning at 9:00 a.m. and this office is just opening up. He thought the hours should be 8:00 a.m. to 4:00 p.m. The Zoning window is open at 8:00 a.m. and the next window is 9:00 a.m.-3:00 p.m. staffed by a full time employee. He also did not think the hours should be 4:30-6:30 p.m. and agreed with Mr. Infanti. If they were doing this for the convenience of their citizens, it might be one thing. He knows the Town Clerk sets her own hours and thought more people would come in to do business with her, but how many people come in during these times to pay their taxes. He was not sure what people do with the Tax Collector during other times of the year and would also not call these evening hours.
Mr. Bowler asked what would he suggest. Mr. Infanti thought 6:00-8:00 p.m. or 7:00 p.m.-9:00 p.m. if they were going to do it for the convenience of the citizens. He did not know if they needed evening hours for their Tax Collector, except during tax collection times. Mr. Bowler believed the Tax Collector was open twice a month. Mr. Dinkel said it was under advisement. Mr. Infanti asked what kind of business is done in the evening hours? What other things does someone go to the Tax Collector for, except to pay taxes. This was just an observation and he probably would not have noticed it otherwise, but did so because he came in to pay his taxes. Mr. MacGuire will look into the matter further.
Mr. Grella advised he attended the Historic District Commission meeting and Dave Herlihy, DPW Foreman came in with a list of trees which were basically dead and needed to be taken down . The HDC felt the Selectmen have to make an application to take the trees down. He asks that the Selectmen vote on it and sign the list to make a ruling on the trees. Mr. Infanti wanted to know that if they say a tree should come down and the HDC denies it and it falls on someone who is liable? Mr. Grella thought the homeowner. In answer to Mr. Bowler’s question about replacements, Mr. Grella indicated there is no money in the budget.
Mr. Dinkel reported the CIP Committee met that afternoon. It was an organizational pick up where they left off and will be prepared to make recommendations prior to when the budget process begins. Mr. MacGuire commented that their next meeting will be in two weeks. There is an update and he needed to continue to work with several more Department Heads to get updated information. The next meeting they will be talking to Bruce Berry about this RSMS report and to understand the road plan for the future. They will be looking to meet every two weeks and have everything done by September.
Mr. Panasiti reported Stormwater II gave them the briefing of what they were waiting for. For Conservation there was nothing to report. Recreation was looking at a number of issues – fee structuring and the Bean Property and the fields. Mr. Bowler asked about the Vermont Systems software they had a discussion about which was a comprehensive package that also dealt with scheduling and didn’t remember voting on it. Mr. MacGuire said they had gone with MyRec.com that interfaces with the banks.
Mr. Panasiti advised that PMEC was working on the building schedule and there were more funds available to start construction soon and get bids out. Mr. Dinkel asked if there was a firm budget. Mr. Panasiti indicated they have some building specs and getting certain aspects of the job as well as getting quotes together. Mr. Bowler mentioned that some of the grants were specific to the building. Mr. Panasiti thought it a lot of work, but it is coming together.
Mr. Panasiti asked for an update on the Zipper. Mr. MacGuire explained it was back on Horace Greeley Road that day, there was some more grinding to be done and the paving should be on Thursday and Friday. Before Mr. Berry left on vacation, they had a brief conversation. Once he comes back there was another 30-day window before going forward. Some of the areas have been paved and he was surprised what good shape the roads were in. He has heard of no problems. Mr. Bowler briefed the Board on one of the things that had not been anticipated. He added that if some of the Selectmen haven’t seen it in action, to please take a look.
Mr. Bowler mentioned that they would not meet for three weeks and wondered if Board members were available on July 31st to start working on their goals. The Board will hold a work session on July 31st from 6:00-8:00 p.m.
Solid Waste Recycling Update
Tom Lewis and Steve Morgan meet with the Board. Mr. Bowler advised they were present to give them an update on where they are and where they want to go. Mr. Morgan thanked the Selectmen for letting them take some of their time. The Transfer Station is an expense but also a revenue producing operation. He described an area at the Transfer Station and indicated that those people going up top are doing a great job. They were now separating out glass which goes to Goffstown and crushed which will have a significant impact on the reduction of expenses for the Town. People are now pulling out glass separately and has saved $30.00 per ton or approximately $5000 annually. Aluminum is going well with the price and volume up. They did 5.5 tons in 2006 compared to 3.43 tons in 2005. Mr. Morgan indicated that the recycling rate has not changed. Those who are recycling are doing a better job separating but no one new is going up the hill. He briefly talked about updating the Transfer Station.
Beginning in August, they will be taking “anything that rips”, he said, with newspaper being separate. The two big changes were glass and anything that rips. In answer to Mr. Bowler’s question, Mr. Morgan had no good reason why newspapers and magazines were down in 2005 from 211 tons to 187 in 2005. Mr. Infanti had nothing to ask, the report spoke for itself and he understood it. Mr. Morgan told Mr. Grella how they calculated the recycling tonnage. Peter borough has a 60% recycling rate and Wilton 35-40%. Mr. Dinkel asked if the figures were year to date. Mr. Morgan explained they were six months to six months. Mr. Dinkel thanked them for coming in and that it was never a burden to squeeze them in. He was ashamed of the Town because they have less than 18% recycling rate. Was there anything they can do as a Town to better their recycling efforts. Mr. Morgan mentioned they sell recycling bins for $5.00 and were very convenient.
Mr. Morgan asked that the Selectmen stand at the Transfer Station for about three hours to see what the attendants are up against. They have stopped and will not address residents any more. Mr. Bowler mentioned he has been out there on many occasions and relayed a recent occurrence. He wondered how many people separate things but don’t take it up to the top of the hill because of the way it is set up it is an inconvenience. Dennis Slocum has asked the District to put things back the way it use to be several years ago where the packers were all in a row. Amherst was set up as the dumping area. Some other towns get a higher rate because they were set up as a Transfer Station before Amherst was and they need to get everything together. It was mentioned that Mr. Morgan keeps the sign updated and changed at all times. The entire Committee has done a great job out there. Mr. Morgan advised that when Mr. Berry returns they will have some more detailed recommendations.
Mr. MacGuire had nothing to add except that he had attended the CIP meeting.
Mr. Dinkel brought up the State of the Departments that had been instituted in the past, as an off budget cycle review, something he had suggested and it may not be an effective use of their Department’s time. Mr. MacGuire indicated they had discussed this at a recent staff meeting and thought perhaps the presentation level could be speeded up. From his perspective it gets them in the mindset of where they have been and where they are going to go. He thought it a good tool that could be shortened. The document was not a great amount of work for the staff to prepare and for him it worked well. Relative to when to begin the presentations, he told the Department Heads they would begin in September with a 10-15 minute presentation with the reports put first in the “read file”. His goal would be two meetings. The Board set August 28 and September 11 for the State of the Department presentation.
Mr. Grella moved to adjourn the meeting at 9:00 p.m., second by Mr. Dinkel. Vote: Unanimous.
Respectfully submitted,
Sharon L. Frydlo
Executive Assistant