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Town of AmherstBoard of SelectmenJune 25, 2007
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Chairman Bruce Bowler called the meeting to order at 7:01 p.m. Selectmen present: George Infanti, Thomas Grella, Brad Galinson and Reed Panasiti. Also present was Town Administrator Gary MacGuire and Executive Assistant Sharon Frydlo.
Mr. Bowler advised that the Board of Selectmen, under RSA 31-95-B was holding a public hearing on Monday, June 25, 2007 at 7:00 p.m. to accept unanticipated revenue.
Mr. Grella moved to open the public hearing at 7:01 p.m. second by Mr. Infanti. Vote: Unanimous.
Mr. MacGuire reported there were a series of unanticipated revenues received that totaled $501,885.05. He read the list that included grants received by PMEC, an unauthorized burn received by the Fire Department, a donation to the July 4th Committee for fireworks, several sales of DPW equipment, additional billing not anticipated by EMS, overage in interest income not projected, funds from Lowe’s for the third and final payment both associated with Administration and car rental registrations earmarked for Recreation by a rental agency.
Mr. Infanti moved to close the public hearing at 7:05 p.m., second by Mr. Grella. Vote: Unanimous.
Mr. Infanti moved to accept the unanticipated revenue of June 25, 2007, second by Mr. Grella. Discussion: Mr. Grella suggested sending a letter to the Granite State Credit Union thanking them for their donation towards the fireworks. Mr. Panasiti questioned the $893.40 amount for an unauthorized burn. Mrs. Frydlo produced a copy of the invoice that broke down the amount he was questioning and it satisfied his inquiry. Vote: Unanimous.
Tedd Landon asked if the generator at the Safety Complex had been repaired yet. Mr. MacGuire replied no. They were still researching the multiple heads for the engine, the mechanic had suffered a broken finger on the job and it would be worked on within a week or two as long as the parts came in. In response to Mr. Landon’s comment relative to them waiting for the first warm day, Mr. MacGuire indicated he assumed they were not at this stage and were determining if it was two or three heads that needed to be repaired. The important issue was the mechanic’s broken finger.
Scott Marsh, MRI Representative, reported on the number of abatements received for the 2006 tax year and the status of them. It should be noted that in each of the following abatements, either approved or denied by the Board of Selectmen, Mr. Marsh gave a brief synopsis of MRI’s recommendations.
7 Red Gate Lane – Mr. Infanti moved that M/L 8-118-2 receive an abatement of $10,800.00, second by Mr. Grella. Vote: Unanimous.
1 Pierce Lane – Mr. Marsh indicated he would like to hold back on a final decision because of the history associated with the parcel. Mr. Infanti moved to table, second by Mr. Grella. Vote: Unanimous.
175 Hollis Road – Mr. Infanti moved M/L 2-5-2 an abatement of $3,900.00 be granted, second by Mr. Grella. Vote: Unanimous.
49 County Road – Mr. Infanti moved M/L 6-107 an abatement of $60,000.00 be granted, second by Mr. Grella. Vote: Unanimous.
1 Orchard View Drive – Mr. Infanti moved M/L 8-89-3 be granted an abatement of $10,500.00, second by Mr. Grella. Vote: Unanimous.
51 Brook Road – Mr. Infanti moved M/L 10-16 the abatement be denied, second by Mr. Grella. Vote: Unanimous.
18 Jones Road – Mr. Infanti moved M/L 19-19 the abatement be denied, second by Mr. Grella. Vote: Unanimous.
Mr. Bowler read the resignation letter from Mr. Dillon citing his heavy travel schedule for his job and his inability to devote the time necessary for this position. Mr. Infanti moved to accept Brian Dillon’s letter of resignation with regret, second by Mr. Grella. Vote: Unanimous. Mr. Infanti spoke of Mr. Dillon’s service on the Planning Board. Mr. Bowler asked about re-advertising for this position. Mr. Infanti felt they should hold off for several months because currently they did not have enough seats for people to sit around the table. Vote: Unanimous.
Recreation Department – Use of Unanticipated Monies
Recreation Director Nancy McMillan, Recreation Commission Chairman Dana Redmond and new Park Foreman Keith Trott met with the Board. Mrs. McMillan read from a prepared statement in which the Recreation Department was requesting funding from unanticipated revenue to purchase a new mower. Three quotes had been received and they had discussed the purchase with Jim Minor at the SAU Office as well as with DPW Director Bruce Berry. Beside the ExMark Mower, there was a list of other turf improvement equipment that they will come back and talk to the Board about in the near future.
Mr. Panasiti asked shouldn’t they be purchasing a bigger mower since they had 24 acres to cut? Mr. Trott explained the machine was designed to cut grass at a high rate of speed. The speed makes up the difference in the size of the deck. A 60” mower with 35 horsepower engine, will allow them to cut the grass at a faster rate. In response to Board questions, Mr. Trott indicated that along with the Ferris machine they have, they would be looking at 12-15 years of additional life with proper maintenance. Regarding the Bean Fields, Mrs. McMillan explained that all of the fields not including the secondary areas, the High School may continue to maintain some of them. Mr. Trott advised they would also use the Ferris around the playground areas and probably Spalding Field. They will extend the life of the Ferris and be able to cut at the same time with two different machines. With one machine, a person is on it for a solid eight hours. If they had two people cutting, they would be saving hours and would allow them to do other services. He also told the Selectmen that he has had experience with the ExMark and it was a reliable machine and did not have a problem with a Vanguard engine vs. a Kawasaki engine.
Mr. Infanti abstained from the discussion because he had a vested interest in the bid. Relative to equipment, Mr. Bowler remarked that at the Deliberative Session they were told they were all set and now they have a request for $11,000 for this piece of equipment. He had a problem purchasing this because it should have been talked about as a budget item. Mr. Redmond commented they had spent quite a lot of time talking to the School Boards and the public, the project looks to be very successful and is coming in on budget. They put wells on the property and they were utilizing water from the river to water them and have saved approximately $12,000. Maintaining these fields were put into the Memorandum of Understanding that was signed by the Town of Amherst.
Mr. Panasiti mentioned that this was to replace an existing mower that was 7-8 years old. Mrs. McMillan added that they just spent $800.00 on repairs during the past two weeks. Mr. Trott remarked that they will continue to use the Ferris, but within the next year or two it will be useless. They use it 16-18 hours per week or more and they are running into maintenance problems now. Mr. Bowler did not disagree that they needed one, however, he had a problem in how this would be funded. Mrs. McMillan spoke about user fees as a second source for capital costs or refurbishments. Mr. Bowler indicated that someone asked what additional costs would be needed to maintain these fields. If they were adding four additional fields, this should have been talked about last fall. Mrs. McMillan explained they had talked to the Representative of the car leasing company and he endorsed this as development and also the money to maintain them. Mr. Redmond added this was not asking taxpayers for anything, but use of money that already existed. They maintained all along that the answers weren’t as clear and really did not know about this. They talked about this not being a burden to the taxpayers. He felt they were well within that criteria in not asking the taxpayers. This was money they have and they should be able to allocate it for this type of purchase. Mr. Panasiti thought this money available outside of LUCT and was coming from an outside source, should be used for maintenance and other aspects of recreation.
The Board briefly talked about the history of the various warrant articles in response to Mr. Galinson’s question. Mrs. McMillan added the first warrant article indicated they could have this one time withdrawal and it wasn’t specific on how it could be spent. This last year’s warrant article indicated it had to be for development or acquisition. This was why they went back to the originator of the funds and that agency has endorsed this purchase. Mr. MacGuire added that this money was a bit unique and beginning July 1st the second warrant article will go into effect. Mr. Bowler asked that Gary pull all the information together regarding the warrant articles and put it into their “read file”. Mr. Grella moved to table the discussion. Mr. Panasiti disagreed – they were talking about recreational money and this was similar to the loader. The money was earmarked for recreational use and now they were discussing what specific recreational use it was to be used for. Mr. Redmond wanted to make it clear that they were spending the money for development. Mr. Panasiti spoke about the LUCT funds and none of it was to be used other than for the development of the property.
After further discussion, Mr. Galinson wanted to know where the money was going – was it going into a capital reserve or a new fund? Mr. MacGuire indicated this would be a Board decision. They know that $200,000 was going to the school and the $76,000 will be determined. Mr. Galinson moved to tables because he didn’t know what fund this equipment will be paid out of, second by Mr. Grella. Discussion: Mr. Panasiti said back in 2004 the warrant article didn’t discuss where it was going to go. Mr. MacGuire indicated the actual plan was for it to go into a capital reserve, but it doesn’t exist. What they were discussing was what was envisioned back in 2004 and discussed with Town Counsel and DRA. If the plan worked out back then, it would have gone into a capital reserve and this was not what they were dealing with in this case. They were dealing with one sum. What was voted on in March 2007 was very clear. Mr. Redmond added that in the spirit of what was being done is for recreational use. Mr. Galinson said theoretically there is $76,000 that could be put into the revolving fund and there is the other into a capital reserve. Vote: 3-1-1, Mr. Panasiti opposed, Mr. Infanti abstained.
Encumber Funds
The Board reviewed the list of requested encumbrances from various departments. Mr. MacGuire indicated they are requesting a carryover for two warrant articles - $71,000 DPW Storage Shed and $442,644.43 Baboosic Lake Community Septic System. Mr. Infanti moved to encumber these two warrant articles for a total of $513,644.43, second by Mr. Grella. Vote: Unanimous. Mr. MacGuire advised there was also the 5 year non-lapsing warrant article for open space. Mr. Infanti moved to carry over Warrant Article 2 in the amount of $5,500,000.00, second by Mr. Grella. After a brief discussion the vote was unanimous.
Mr. MacGuire indicated additional requests were: $276,675.00 designated motor vehicle revenue for Recreational Field Development; $63,654.65 State reimbursement for repair of New Boston Road Bridge for paving; $10,000.00 EMS billing overage; $3,500.00 donated funds for July 4 fireworks; $11,000.00 Bean Grant for specific expenditures for PMEC; $15,000.00 for the salt shed site; $21,000.00 20% DOT Caldwell Drive Railroad Crossing Project (80% / 20% match); $15,000.00 crack sealing work that has not started; $65,000.00 for the paving contract was awarded approximately one month ago; $7,500.00 welfare funds for the current budget. Sharon has been busy this past month with many phone calls; $10,000.00 for radio conversion interoperability project not completed; $75,000.00 for DPW vehicle repairs and salt shed. The shed has not yet been purchased and has since increased in cost; $150,000.00 from Lowe’s, a carryover for the purpose of the agreement; $25,053.05 in excess of cable fees to be used for improvements of cabling, electrical, repairs and cable negotiations.
Mr. Galinson agreed that the $25,000 should go to the CIC Committee, but asked who decided how it is to be spent? Mr. MacGuire advised it would be the Selectmen. Mr. Galinson also asked what part of the $75,000.00 was for vehicles repair and what part was for the salt shed. Mr. MacGuire explained they were dealing with unknowns and were being conservative. They have $18,000.00 for loader repairs and also the generator repairs. The cost of the salt shed maybe around $20,000.00. He added that he did not anticipate needing all this money. Mr. Panasiti asked if the State money for the New Boston Road Bridge that was going into paving was it in addition to the $400,000.00 the voters approved. He wondered why they couldn’t establish a capital reserve fund to use when there was damage, so that the taxpayers didn’t have to “rob Peter to pay Paul”. They could similarly do the same with FEMA money. Mr. MacGuire indicated that logically it could work. Mr. Infanti thought it a good idea and something they may want to look into, such as having an emergency fund. Mr. MacGuire advised they had an emergency fund for repairs, but he didn’t understand, at the moment, how it would get from “here to there”. Mr. Panasiti asked about the $75,000.00 interest income. Mr. Galinson indicated it could go back into the General Fund to reduce the bottom line. Mr. Panasiti asked where the $150,000 from Lowe’s went. Mr. Bowler indicated it went for open space and was in a separate fund and not part of the LUCT funds. Mr. Panasiti mentioned the various open space funds the Town has. Mr. Infanti moved to approve the FY 2007 encumbrance request carryovers, anticipated and unanticipated, in the amount of $748,382.70, second by Mr. Grella. Vote: Unanimous.
Working Budget Transfer
Mr. MacGuire reported that the reason for the working budget transfer was to transfer funds from the DPW Engineering and Stormwater II lines to fund the joint work for the Planning/Zoning employee and the DPW employee for engineering. Request to be transferred from the Engineering line is $3842.33 and $3,842.33 from the Stormwater II line. Request to be transferred to P/Z Part Time Wages is $7,138.56, Social Security $442.59 and Medicare $103.51. Mr. Infanti moved to approve a working budget transfer in the amount of $7,684.66, second by Mr. Grella. After a brief discussion the vote was unanimous.
Sign Dog Warrant
Mr. MacGuire reported this was a statutory requirement that directs the Police Department to enforce the registration of dogs. Mr. Bowler advised the warrant contained 14 pages and listed 218 people. Mr. Infanti so moved, second by Mr. Grella. Vote: Unanimous.
Other Business
Mr. Panasiti wanted to find ways to reduce the tax burden and asked how much open space was available because he had a discussion with several different people about money being made in the ethanol business. He suggested perhaps you could have someone raise soy beans and corn on some of the open space areas in order to reduce the tax burden. Mr. MacGuire thought this could be done through a long term lease and did not believe the Town could establish this as a business.
Mr. Galinson reported that the Library received a $10,000 grant that will be used for getting people to read. There will be a great deal of marketing and Amherst was the only town in the State that received the grant. Jay Dinkel is the new chair of the CIP and they will be working towards future planning aspects and impact fees.
Mr. Grella reported he attended a Road Commission meeting where Bruce Berry brought them up to date on FEMA and their workload. They received two new trucks that were taken up to Fairfield’s for outfitting. When the Department was caught up on repairing the storm damage, they will start on the salt shed. Bruce also brought them up to date on the Caldwell Drive railroad crossing. The Commission will begin to meet every other month.
Mr. Bowler asked about the railroad crossing. Mr. MacGuire believed the State DOT was doing most of the work along with the railroad. This will be a great improvement as drainage was the biggest problem down there.
Mr. Infanti reported that at a recent Planning Board meeting they reviewed a major site on 101A and heard an excellent presentation on the property across the street from Lowe’s. He mentioned the names of three possible tenants with it being 5-6 units in the 160,000 s.f. development. The Board also saw the Taco Bell/KFC presentation again. He noted in the Conservation Commission’s minutes that Reed said the Selectmen had accepted a Conservation easement. He believed they accepted it in principle and did not believe there has been any formal acceptance yet. He thought that their minutes should be reviewed.
Mr. Bowler advised they will be having a non-public session after the meeting for land acquisition. He asked that once Milford Selectmen approve their June 11, 2007 minutes could they receive a copy. Mr. MacGuire reported that Sharon has been on top of this.
Mr. Infanti moved to accept the minutes of June 11, 2007, second by Mr. Grella, amended as follows: Line 135 – Replace “and” with “about” and strike “to”; Lines 144 & 145 – Strike everything after “, but … “ through to the end of the sentence. Vote: Unanimous.
Mr. Bowler announced their next meeting was scheduled for July 9, 2007.
Upon a roll call vote, the Board unanimously voted to enter non-public session at 9:01 p.m. under RSA 91-A:3 II (d ) land acquisition.
The Board exited non-public session at 9:20 p.m. While in non-public session, the Selectmen discussed conditions associated with a conservation easement - no votes were taken.
Upon a motion made and duly seconded, the Board adjourned the meeting at 9:20 p.m.
Respectfully submitted,
Sharon L. Frydlo
Executive Assistant