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Town of AmherstBoard of SelectmenNovember 19, 2007
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Chairman Bruce Bowler called
the meeting to order at 7:04 p.m. Selectmen present: George Infanti, Thomas
Grella and Brad Galinson. Also present Town Administrator Gary MacGuire and
Executive Assistant Sharon Frydlo.
Citizens Forum
There were no concerns or questions from people in the audience.
Finance Budget Presentation
Finance Director Merri Howe met with the Board. She advised that her overall budget was up 5.18%. The biggest increase was the sick leave incentive and the audit fee. The sick leave incentive in the past had been paid out of the wage line – this year it had its own line number. The new GASB 43-45 for FY09 will require additional work for the Auditors and they have projected an increase of $2-3,000. Wages were based on a step and COLA. Items decreased were Dues & Subscriptions, Office Supplies and Computer Software & Supplies. Mr. Infanti and Mr. Grella had no further questions. Mr. Galinson asked if the sick leave incentive which was approximately $2100, was it normally under 4150-10-1110. Mr. MacGuire indicated it had not been budgeted in the past. Mrs. Howe told Mr. Bowler that the line had been overspent because it hadn’t actually been budgeted. Regarding the Auditors, she had received both an email and phone call from Vachon & Clukay. Mr. Grella thought if they had been doing the Town’s audits for at least three years, perhaps it was time to go out to bid again. In response to Deirdre Rogusky’s question, Mrs. Howe advised the additional fee was based on GASB that has to be implemented in 2008 for 2009.
PMEC Budget Presentation
Co-Director Vicki Laforet told the Board they were looking to make a lot of changes this year. They hoped that the building will be online in May. The budget reflects their best estimate in what the new building will bring which was worked on by a small committee of the Advisory Board. The entire Board worked on it last week and it reflects their changes. Mr. Galinson added this was a very difficult budget to project a year and a half out with a new building. He felt this was the right way to go and the Committee agreed as well. He spoke of a recent meeting with the Advisory Board, Vicki, Gary and there were many exciting and creative ideas being discussed. He also mentioned a recent meeting was held with many area educators. In answer to Mr. Grella’s question, Mrs. Laforet talked about Hartshorn fees and participation projection in 06-07, 07-08 and 08-09. They plan on being open the entire summer and the fees were tiered – residents would pay a lower fee and someone from out-of-town would pay a higher one.
She told the Board that last summer they charged $85.00 whereas Beaver Brook charges $240 for a four hour five day program. There was a lot of competition in the area who charge a bit less or the same. For 2008-09 she was looking at $90.00 for in-town residents and $100.00 for out-of-town folks. In answer to one of Bob Petrella’s questions about getting Mrs. Laforet more help in writing more grants, she told him she could use more help. If they had a 501C status, it would give them a much broader approach. Mr. Bowler remarked that Brad could speak to this because he knew the Board was instrumental in getting grants. Mr. Galinson explained that many of the grants were building related. A lot of the needs now are for more creative grants. There is a sub-committee who is looking at stuff they need not necessarily grants and both Vicki and the Board were looking at this. Mrs. Laforet added they need tables, chairs, bug nets, etc. Mr. Petrella commented that this Department was supposed to be self-sustaining to the Town. Mr. Galinson remarked they could have been really aggressive, but to be realistic they do not know what this building will bring and need a year to figure it out. Mr. Bowler hoped that next year this will be completely self-sustaining.
Ms. Rogusky asked why weren’t tables, chairs, nets, etc. in the budget. Mrs. Laforet explained they could get by with what they have and there was some grant money out there to do some of the things. They did not overstate their expenditures. Mr. Galinson indicated there was a 30% increase in fees and it depends on how they look at it and an increase that goes into revenue. In response to a question by Chris Nowlan, Mrs. Laforet spoke about the schools cutting back on programs in science and social studies and this was a discussion between the school and PMEC. Dee Fasoli asked if PMEC was at capacity , Mrs. Laforet indicated they were not and could have onsite per day a maximum of 125 children. She commented that Milford had found them last month and Pine Hill also found them. They have an opportunity to capitalize on some of the surrounding communities.
Newly appointed Fire Chief Rick Todd began his presentation by thanking the Selectmen for an opportunity to serve the Town of Amherst as their Fire Chief. He also thanked, among others, the citizens and firemen. The Department has 43 on-call firefighters that receive an hourly wage when responding to a call. The on-call members are dedicated men and women who drop whatever they are doing at a moments notice to serve and commit there is a need. He discussed a few areas in his budget, specifically a 12.54% increase due to the fact that the Administrative Assistant was working 12 hours per week and after January 1st would go to 20 hours per week. This line also includes the on-call officers that take on nights and weekends, were currently being paid for weekends as well as holidays. This line does not require a full response from the Department. The Meetings & Training line has not increased. The Department will continue its efforts to train all firefighters as well as training all new firefighters to be Certified A & B. He indicated he would also like to include rapid increase training that he briefly spoke about.
The Chief explained there was an increase in Vehicle Repair that consists of general maintenance to all of their vehicles, oil changes, annual fire pumping tests and aerial testing that is needed. He also mentioned entering into collaboration with DPW and retrofitting a vehicle that had been taken out of the fire service. The plan is to modify the vehicle by removing the 2,000 gallon tank and putting on a flat bed. In the agreement with DPW, they would be utilizing it to flush storm drains, culverts, etc. He increased the line by $3500 as seed money to get the project started. In his original discussion with the Town Administrator, that line actually went down, but in looking over the budget it turned out that the Tire line never had any money in it. They shifted money around and took money out of the Vehicle Repair line and put it into the Tire line. Most of the other lines are level funded and no increases other than the basic step and COLAs.
Mr. Infanti commented that the vehicle the chief was talking about was a good move and can be used by both Departments. He acknowledged the tight budget the Chief prepared for the first time as there were other things that the Department had talked about in the past, such as a command vehicle. Mr. Grella mentioned that in years past the call pay always had a COLA added and asked if this number had less hours included. Chief Todd explained he did not add a step and COLA into it this year. Mr. MacGuire indicated that they looked at the 2007 expenditures and had given themselves some room as they tighten their numbers. Mr. Bowler added they will get the COLA. Mr. Grella remarked that Mr. Todd has had a great start and he had talked to some folks who were very enthusiastic about his being in this position. Mr. Bowler indicated he had missed the meeting with him and W&M last week and thought it a great idea that he was working with Bruce Berry on the tanker. It was a great example of two departments working together. Diesel fuel is what it is and hopefully by July 1 they will be fairly close to the budget number. Ms. Rogusky thanked Chief Todd for his time and thorough discussion. In response to Chris Nowlan’s question, the Chief explained the only vehicle not using diesel was the Chief’s vehicle Car 1. Mr. MacGuire added that all their fuel numbers are based on the Town’s new pump system and they have a better way of tracking all of the vehicles and this is a usage factor and increase. He praised Rick for the budget indicating that with his input they have a good budget.
Emergency Management Presentation
Mr. MacGuire, in his role as Interim Director, spoke about the first half of the budget that they typically refer to as EOC. The second half was devoted to Forest Fire line matters. Not a lot of effort was put into this section get and he would like to see it incorporated into the Fire Department budget. He believed it was a little low, but had no control in this portion and asked that the Chief explain it a bit further as it pertained to possible funding on the State level. The budget went down a half a percent. He would like to do a bit more homework on it. Chief Todd explained that when he and the Town Administrator began talking about Emergency Management he had asked if Amherst was an Emergency Management Assisted Town. This entails the Town submitting projects to NHOEM in Concord and when they were completed, they would refund the Town 50%. They will be investigating this further to see if some of our EOC projects the Departments had planned could receive a refund through EMA.
Neither Mr. Infanti nor Mr. Grella had any questions. Mr. Bowler asked how it worked in Merrimack. Mr. Todd replied “very well”. Mr. Bowler asked about the Social Security and Medicare numbers. Mr. MacGuire explained they were connected to the Forest Fire Control Wages. The Chief will investigate further about why this is in this particular budget.
Police Department Budget Presentation
Chief Peter Lyon met with the Board. He presented them with several handouts he had given to the W&M Committee. They contained a FY09 Summary of Budget Increases, a FY09 Summary of Budget Increases Broken Down by Controllable and Fixed items and a Proposal for the Purchase of Taser Safety Devices. His budget is 3.42% over last year or approximately $59,000. A good portion, about $50,000, is for personnel items. A year from now, they will begin negotiating a new contract. There was an increase in Overtime and Dental Insurance as a result of the way people are getting the insurance or taking the buybacks. Sick Leave has changed because of an error in last year’s budget. Employees receive two personal days that is included in the budget, but had not been in it the last time.
The Chief continued … $1500 had been added to the Clerical Overtime for 40 additional hours. The Department has a single clerical position who is responsible for the secretarial duties of 18 officers, records management, data oversight and software management. During the past year he had increased the Crossing Guards wages by a $1.00 per day and in this budget he has increased them by $2.00 per day to $31.00 or 7% higher than what other employees will receive. This isn’t what it should be, but a start for the three crossings per day. Equipment Rental is up because he was proposing a new copier lease. Their current copier is six years old and they have printed over one million copies. He was looking to lease another one for three years to be shared with EMS as in the past. His budget would be paying for the maintenance on the copier. Gasoline is up and he was budgeting it at $2.65 per gallon with the usage remaining the same. There was a 32% increase in Tires due to higher costs. He was buying both 16” and 17” tires. The 17” ones cost quite a bit more, he has been using the State pricing and hasn’t found a better price.
The Chief advised that New Equipment was up $8300 and a line that fluctuated quite a bit. Last year he reduced it by $3800 and this year it was up to $8300. He proposes to replace five ballistic vests at a cost of $550 each and will receive 50% of the money back from a grant. Nine hundred dollars is budgeted for emergency lighting to outfit two cruisers. The Department received $40,000 worth of rooftop LED light bars and the $900 will be used to install corner lights to make the cruisers more visible and improve safety. His plan is to install this lighting to two cruisers per year.
The budget also includes $7200 for Taser devices. Chief Lyon advised that there were many other uses for the devices other than what has been reported on the news. Several years ago the Department bought O.C. spray to supplement the baton. He spoke about the O.C. spray causing discomfort, but doesn’t always work and can be ineffective due to weather or someone’s tolerance to pain. In doing research on Tasers, many law enforcement professionals found them to be much more effective. Purchasing Tasers for 20 officers was not realistic and would like to propose the purchase of six in order to rotate them in and out. He anticipate a lot of people would be concerned about the image of a Taser device. Statistics show there are about half the number of injuries for officers and people it was use on. This needs to be considered and it is important to spend $7000 and use as little force as is necessary. They will be used correctly because of the training in reducing injuries. The Chief commented that it was a 3.4% increase for not including a new man that he had talked to the Selectmen about before. If he put in for another position, it would be another 3.5% increase above what is there now.
Mr. Infanti remarked that the use of Tasers made him a little nervous, but after meeting with the Chief and W&M, reading the Chief’s proposal and doing a little research, this made sense. He also thought they were running “lean and mean” and they could certainly use another officer in the 101A area. In anticipating another 300,000 s.f. building development within another year, the Town would need another officer. This was the second time he has heard this presentation and it was very clear and laid out well. Mr. Grella felt the presentation was comprehensive and easy to understand. He asked about the Motorcycle Lease. Chief Lyon explained there was no grant money involved in this. The motorcycle goes on the road in April and is returned to the company in November and the next year they get another brand new one. The lease is only $3100, but is worth much more in cash. There is more than one officer riding it and runs 12-16 hours a day. Mr. Infanti commented on the Prisoner Care being only $25.00 per year.
Mr. Galinson told Cal Wood that in answer to his questions, Crossing Guards in Merrimack receive $40 and in Milford receive between $30-$40. In answer to Mr. Galinson’s question, Mr. MacGuire advised that two cruisers were purchased every year. Mr. Bowler added that the Town received between $5000-$6000 when put out to bid to be sold. Chief Lyon explained that this year they didn’t do as well because the cruisers were older models. In answer to Mr. Galinson’s and Mr. Bowler’s questions, he told them that Tasers can subdue someone from 35’ and the current can go through 1” of winter clothing and doesn’t have to penetrate the skin. The current also does not transfer from one person to another. The Chief told Mr. Bowler that he was trying to replace the vests within 5-6 years. No one will say the vest is good for five years, but the cost is based on an assumption of five years.
Mr. Bowler asked about the potential for a K-9 Unit. Mr. Lyon indicated he had a lot of interest in it as well as Officer Donohue. The issue is the funding and he was hoping to get Community Grants for this unit. The potent cost was for the dog, training the handler for 16 weeks plus regular overtime costs and equipment costs for outfitting the cruiser to handle the dog. This was not a huge cost, but not free either. Ms. Rogusky thanked Chief Lyon. She commented that she had a very good meeting with him, it was very detailed and she would be sharing it with the Committee. She suggested putting the document on Tasers on the website if it wasn’t already there. Bill Belvin asked if a Taser was a good device when facing multiple assailants. The Chief explained an officer could only take out one individual with one cartridge, however, he could make multiple contacts at arm’s length.
Cal Wood, Woodland Drive, appreciated the discussion on Tasers and non–lethal weapons. He also appreciated the increase for Crossing Guards in the current budget. He thought the increase was a significant one to a fairly low fix. He suggested a fair range of $35.00 and there were funds available when the Board voted down sending $5000 to the Water District that could be put into the Police budget. In response to Mr. Bowler’s question, Chief Lyon explained that the Crossing Guards work approximately 30-40 minutes per session. If they were only talking about 40 minutes twice a day and hard to find the area that everybody finds appropriate. They deserve $40.00 a day, but he was in a tough spot of how much he can do without overdoing it. Mr. Bowler thought this should be looked at and see if they want to make a call and increase that particular line item over the next several weeks. It didn’t mean that they wouldn’t pay in the future. Mr. Lyon advised that every $1.00 per day costs about $550.
Mr. MacGuire commented that it did not surprise him that Peter has done a great job in his presentation in bringing up a liability that has seen much bad publicity and if used properly the weapon will not cause any harm.
Comcast Cable Franchise Renewal – Steve Coughlan
Both Steve Coughlan and Doug McAllister met with the Board. Mr. Coughlan told them that the Negotiating Committee consisted of Doug, Steve Ellis, Brad Galinson who took over from Jay Dinkel and himself. Negotiations began last November and took one year. He summarized the major agreements reached between Comcast and the negotiating team: (1) The Town was coming off a 15 year agreement – the new agreement is for ten years and will expire in October 2017. (2) They extended the standard installation charge from 150’ to 225’ from the pole with additional per foot installation charge for longer distances at approximately $3.00-$4.00 per foot. (3) The Committee pushed to get coverage in areas not served because they were not dense enough – Comcast will put in a density of 20-25 subscribers. (4) Strand maps will be provided by Comcast to the Town with written notice. (5) Comcast will be required to bury electric utility lines underground. (6) Comcast has to allow subscribers to purchase commercial off the shelf equipment instead of rental where feasible. (7) Free connections and basic cable service will be provided to the following buildings: Amherst Town Hall, Souhegan High School, Amherst Middle School, Amherst Town Library, Wilkins Elementary School, Amherst Police/Rescue Building, Clark Elementary School, Brick School, Amherst Department of Public Works.
Mr. Grella asked about Internet service. Mr. Coughlan reported that Comcast is required by law to talk to the Town about video cable and are not required by law to talk about Internet service and they will not talk about it.
Mr. Coughlan continued … (8) The Town has one PEG Channel and will be getting a second one that is intended for use by the School Districts. It will be online 60 days after signing. They will separate government and education from public. (9) There is a one time capital grant of $105,000 for studio/broadcast equipment 90 days after signing. (10) Live programming from four locations. Currently the only live programming was from the meeting room. The four locations are: Town Hall, Library, Souhegan High School and Amherst Middle School. Ninety days after the agreement is signed a second channel will be online. (11) The Town will receive 5% maximum franchise fee by law. (12) Federal law allows the Town to do nothing regarding the right to regulate prices. (13) The Town can hold an annual performance evaluation hearing, but have to notify Comcast if this is scheduled. (14) They had many requests about customer service levels and rights of customers were stripped away and whatever the law requires, Comcast will do. (15) The second educational channel, if of interest to Mont Vernon, they will negotiate with Comcast to have it seen there. This is very common with no impact to Amherst.
Mr. Galinson commended Doug and Steve on the long and arduous negotiations. Everything Comcast would give, these guys got - $105,000 for a studio and the franchise fee has gone up. “I am proud what you guys have done”, he said. Mr. Grella appreciated the two page synopsis and gave his thanks rather than the 60 page contract. Mr. Infanti asked about the $105,000 studio at Souhegan High School and wondered if some of the funds would go to Town Hall. Mr. Coughlan explained they were looking to find a studio, not necessarily at Souhegan. He engaged in some preliminary discussions with the Principal at the High School. The School is full and there will be no room for this year, but perhaps were looking for doing something next year, however, the Committee will want access to a studio at times when the High School is closed. Some equipment will go into the Town Hall’s back room to support the current broadcast operations. If they build a studio, everything in the back room will be removed and the Committee they will not buy anything that is wasted. In response to Mr. Infanti’s next question, Mr. Coughlan indicated there were some things they could do better at Town Hall and there would be a small amount of funds available, but thought the bulk of the $105,000 would go into a studio.
Mr. McAllister briefly spoke about the upgrade to the equipment at Town Hall last week. Mr. Infanti commented that he thought everyone was disappointed in what the Committee asked for last year and didn’t get. He commented “if you are happy, I am happy” and stated that he did not realize the number of people that watched the Selectmen’s meetings. Mr. Coughlan explained that the upgrades they thought they needed were being taken with slow and deliberate steps to make sure they were doing the right thing. Mr. Galinson remarked that the Town was receiving $105,000 and should be a separate discussion. They were not committing to any studio that night only the agreement. Mr. Coughlan hoped the $105,000 would be put into a capital reserve to be used for future purchases.
Mr. Bowler asked a few technical questions with Mr. Coughlan explaining “how things happen through the magic of electronics” as it pertained to a studio. Mr. Bowler next asked about broadcasting future meetings. Mr. Coughlan reported that now both the Selectmen and School Board were live, and were getting back to replaying BOS meetings they haven’t been able to since July. The Committee has also asked for volunteers in order to broadcast live meetings for the Planning Board and Zoning Board of Adjustment. He also commented that having High School students helping were not the answers. In response to Mr. MacGuire’s question, Mr. McAllister indicated they had the ability to do 1000 hours of programming.
Ms. Rogusky asked Mr. MacGuire that now that the Cable line was in his budget, did the $105,000 have any impact on his budget. His response was his budget reflected the day-to-day costs for little things. Mr. Coughlan explained there were certain amounts of consumable things that would happen. $105,000 was for a studio, but not necessarily something you may want to fund through a budget - they were constantly upgrading microphones. Mr. Galinson reported there were two revenue sources – there was the franchise fee and a one time fund of $105,000 that was outside the operating budget. Mr. McAllister added that there were sets to buy, etc. associated with this amount. Mr. Nowlan asked if this was a one time to use it or loose it. Mr. Coughlan explained it was a check to the Town of Amherst one time with no strings attached, but Comcast will look at how the Town spends it.
Mr. Belvin asked that within the ten year contract would there be any re-opener for non-performance. Mr. Coughlan explained there was a performance bond for approximately $50,000 for Comcast to perform. There was nothing to cause the franchise agreement to end early. Mr. Infanti remarked that the Attorney that represented Amherst was well versed in this negotiating process. Mr. Coughlan added that Attorney Epstein and the Comcast representative were both dealing with six or seven contracts at the same time as Amherst’s. Mr. Petrella asked about the third channel insofar as Emergency Management and the grant. Mr. McAllister indicated that the new equipment the Town now has would allow them to overlay anything to do with an emergency. There was also FEMA money available. Mr. Petrella also asked about the annual performance meeting. Mr. Bowler responded that it would be similar to a Public Hearing and Mr. Coughlan believed it would be the Selectmen conducting it as the CIC Committee would be putting together base recommendations. Mr. Bowler asked if this was something the Committee would consider. Mr. Galinson asked that if they have an annual meeting on performance what percentage would actually be done to make sure Comcast was under performance. Mr. Coughlan explained that one thing they asked for was a monthly report and Comcast refused to do this. Federal law requires that the keep open records for review with very few official compliments. Insofar as FCC records, Adelphia looked great.
Mr. Coughlan requested the Selectmen to approve the final contract as soon as the Town receives the final one from the Attorney. Mr. McAllister indicated the Town would be receiving it this week. Mr. Infanti moved, based on the Committee and negotiations, to accept the new ten year contract as written, second by Mr. Grella. After a brief discussion it was noted that much of the agreement was standard and Federal law, the small things were touched upon and a great contract. Vote: 4-0.
Mr. Bowler reported the levy will allow the Town to collect $18,003,542.00 in taxes. Mr. Infanti moved to accept and sign the request, second by Mr. Grella. Vote: Unanimous.
After the Board read the memo from Scott Marsh regarding the 184 valid sales for 2007, Mr. Infanti moved to sign and approve the DRA Sales Ratio Survey, second by Mr. Grella. Vote: Unanimous.
Mr. Infanti moved to approve the Veterans Tax Credit for Kenneth & Janet Mohler M/L 3-86-10 for $500 and David & Alexis Cox M/L 1-35-19 for $500, second by Mr. Grella. Vote: Unanimous.
Mr. Grella moved the minutes of November 5, 2007 be accepted as written, second by Mr. Infanti. Vote: Unanimous.
Mr. Grella moved the minutes of November 13, 2007 be accepted as printed, second by Mr. Infanti. Vote: 3-0-1, Mr. Bowler abstained.
Mr. Infanti commented on a letter in the Cabinet last week inviting citizens to get involved in a watchdog group of five members of the previous W&M Committee working on the budget this year. He welcomed citizens in Town to come to Selectmen’s meeting where the numbers were put together and to express what the needs and wants of the residents are. He also suggested they talk to the current W&M Committee if they are not comfortable coming to the Selectmen’s meetings. He remarked that last year the Board got all the way to the Deliberative Session with what they felt was a tight budget and then the it was increased by $400,000 on the floor. Right or wrong, the Board would prefer people come to their budget sessions for what they feel the Town needs. Mr. Bowler seconded this comment. He said Cal Wood speaks out and expressed one thing that evening. This is what the Selectmen need to hear. If they were doing good, he asked that the Board be told and if they weren’t he’d like to hear this too.
Mr. Infanti reported the Planning Board will be discussing any possible zoning changes next Wednesday. Mr. Galinson reminded them that they spoke about the impact fee ordinance that needed to be tweaked. Town Counsel and Gary will be restating what the Zoning Ordinance indicated and make any changes to it that occurred in the past four years. Mr. MacGuire reported he received today notification from Primex and the not to exceed costs for 2008 is 7.8%. He was looking at budgeting 5% and hoped the not to exceed would come down so that they did not impact the employees too severely because of the 1.95% goal. Mr. Bowler remarked that last year it was 18%. Mr. MacGuire advised it dropped from 18% and not to exceed 12%. Primex was promising final numbers in April. This year they didn’t get the final numbers until late May and he was continuing to look at other sources. Mr. Infanti also reported he has had complaints about political signs. For the citizens’ information, the largest political sign approved by the Town is 2’ x 4’ and anything larger is against the Ordinance. No political signs are allowed to be up before 30 days of the election. A number of them have been taken up by enforcement and if they continued to get complaints the signs will continue to be taken down. He believed it detracts from the appearance of the Town. The Police Chief took many of them down personally, he said.
Upon a roll call vote the Board entered non-public session at 9:20 p.m. under RSA 91-A:3 II (e).
While in non-public session the Board briefly discussed a legal suit that appears to have been finalized.
The Board exited non-public session at 9:30 p.m. and moved to adjourn the meeting at that time.
Respectfully submitted,
Sharon L. Frydlo
Executive Assistant