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Town of AmherstBoard of SelectmenJuly 23, 2007
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Chairman Bruce Bowler called the meeting to order at 7:01 p.m. Selectmen present: George Infanti, Thomas Grella and Brad Galinson. Also present Town Administrator Gary MacGuire and Executive Assistant Sharon Frydlo.
There were no concerns or questions from members of the audience.
The Board recessed the meeting at 7:02 p.m. to go outside and view Car 54 technology. The Board returned at 7:16 p.m. Chief Lyon gave a brief overview, to the television audience, of the new equipment installed in the new cruiser (light bars, sirens, etc.) that cost approximately $42,000, it cost the Department much less. He welcomed the public to stop by the Station and view this new technology. Mr. Infanti added that the Police Department got a $40,000 grant that saved the taxpayers money. The Board thanked the Chief for the work accomplished.
Chairman Deirdre Rogusky introduced the members of the new W&M Committee – John Siemienowicz, Bill Belvin, Dick Martini, Bob Petrella, Chris Nowlan and Dee Fasoli. She indicated they talked about the next step and they will be asking a lot of tough questions. Hopefully they can agree on a budget for 2008. She would like to have a lot of things publicized on the warrant articles because they were confusing.
Mr. Bowler welcomed everyone and indicated that Mr. MacGuire had prepared a timeline for the next budget season beginning with Department reviews and working through presentations into December. Mr. Infanti appreciated those who have stepped up to volunteer and thanked them for putting in their time to make this work. Mr. Grella commented on cooperation between the Committee and the Board and that they all had knowledge about the Town. He, too, thanked them for serving. Mr. Galinson felt they were a well-rounded Committee and faced a challenging process that he hoped they thought this as well. Mr. Bowler added that he, Mr. MacGuire and Ms. Rogusky will try to meet once a month. They will also try to put budget items first on the agenda, if the Committee has any questions after they meet downstairs, they then could come back to the Selectmen’s meeting. Committee members had no questions of the Board.
Mr. Weber presented the Board with a packet he prepared giving them an overview of the plans that Primex primarily offers. He talked about the HMO, POS, PPO and Medicare Enhanced plans offered and briefly described several options and cost variations as well as those not covered under Medicare that would be covered under the Medicare Enhanced plan. He talked about the various changes to prescription co-pays and their encouragement for people to take advantage of the mail order 90 day program for prescriptions and only pay for one month. He spoke about the better use of the plan and lower costs and the Town could always move to the mid or lower option plans, if premiums rose in the future.
In response to Mr. Bowler’s questions, Mr. Weber advised they have been sending out payroll stuffers as well as cards on “Key Questions to Ask Your Doctor” and “Key Questions to Ask about Medications”. Also included in the packet was a spreadsheet on the Town’s Prescription Drugs Claims Analysis as it pertained to Tiers 1-2-3 which included the total number of claims from 7/1/06-6/30/07, percent of total number of claims, total dollars of claims from the same period, percentage of paid claims and average cost per claim vs. mail order per the above that also included the “Average Claim Cost per Month” not included in the above. He suggested that the Town attach a mail order form to the paychecks to help reduce maintenance levels.
Mr. Weber also spoke about a wellness retreat in October at Waterville Valley – information contained in the Board’s packet. He also mentioned that it would be good to schedule some screenings and do some educational involvement in May to look at the options and the way they may want to minimize the changes to the plans. Mr. Weber next talked about the ten top drugs that made up 47% of the Town’s drug usage specifically as it related to Tier 2 prescriptions, such as Lipitor, which was one drug that could be associated to behavioral changes people have to make.
He advised that Primex will be offering new co-pays next year that the Town could take part in. He commented on the “big picture” and where they were headed. Harvard Pilgrim was one of the health plans that reaches out to its members. They will benefit the Town because its rate will be lower and is part of their partnership. Mr. Bowler asked how long would it take to do a screening? Mr. Weber advised that typically they would like to do it within a day – they could do Police and Dispatch then go to DPW and then Town Hall and get as much information as they could.
Mr. Weber indicated that in the long term, they were trying to simplify things. After a few questions were answered, Mr. Grella thanked Mr. Weber and appreciated the hard work he had done putting all the information together – “it seemed like Health 101”, he said. Mr. Infanti commented there was a lot of information contained on the spreadsheet and he probably grasped about 20% of what Mr. Weber had said. He felt it important for their people to have it explained to them on how this works as it will make a difference. He thought many employees would be confused by the spreadsheet and a more clear and concise explanation would be best and save them and the Town money. Mr. Weber stated that the more education given about a plan makes sense and where they win in the long term. Mr. Bowler asked if there were any health club incentives. Mr. Weber advised they now offer a discount of 20%, but next July they can offer something additional and about $11.20 per plan per month.
Deirdre Rogusky asked what does Primex do technology-wise to protect people’s background. Mr. Weber briefly explained some of the steps Harvard Pilgrim takes in assuring this protection. He also mentioned that they are now offering a new plan called First Seniority which is a supplement to Medicare at a cost of $140.00 – it is an arrangement made between Harvard Pilgrim and the Federal Government. Mr. Bowler thanked Mr. Weber for coming in and discussing this matter with them.
Emergency Preparedness Presentation
EMS Director Brian Gleason thanked the Selectmen for giving him and Police Chief Peter Lyon the opportunity to come before them. Mr. Gleason began the presentation by speaking briefly about three days and 72 hours spent in the spring nor-easter which prompted the next phase of the Town’s Emergency Operations Center. There were four key areas they were looking for: Preparedness, Response, Recovery and Mitigation. They looked at certain capabilities to train people in their roles, test the plan to make sure it works, multiple interoperability communications, modify equipment enhancements to their EOC facility. He mentioned that they had this system in place for the past two years while reworking the EMS area for the EOC. He spoke about key equipment necessities such as having a secure room, audio visual capabilities, communications, maps, etc.
Mr. Gleason added that he, Gary MacGuire, Peter Lyon and Bruce Berry visited EOC facilities in Goffstown, Pembroke, Allenstown, Derry and the State’s EOC. They were looking at centers similar to Amherst in density and town size. There were some things they already had in place. Worked with NRPC and Amherst’s Hazardous Mitigation Plan has been sent to FEMA pending adoption and final review and then this plan will be in place. There is a link on the Police Department’s web site to NH511 which gives traffic updates on local and State DOT roads. The Chief added they have a list also on the website giving road closures. Lance Hult put a link to MapQuest to find a way around the road closures. This was a temporary solution and a quick way to get this information out. He also talked about flood stage monitoring via www.waterdata.usgs.govnhnw1s/rt. Chief Lyon spoke about this specifically as it related to the Souhegan River and getting updated information on it.
Relative to community outreach via door-to-door dwelling and occupant assessment, Mr. Gleason indicated they were working on this. ACTV20 folks donate so much of their time and the EOC Committee was seeking a way to update the information and/or have access to the equipment in case of closed roads. The Associated Press has a number they can get in order to get information out. Having a Certified Public Information Officer to manage incidents and media matters was crucial. Mr. MacGuire advised they were looking at the new Public Information Officer who had recently attended a three day class to obtain this certification.
Mr. Gleason indicated the EOC equipment enhancements, after looking at their partner facilities, will be just fine. The Town Administrator now has a digital portable radio in order to have communications with all public safety agencies. The final phase for DPW’s interoperability was getting VHH communications and they were waiting for new equipment ordered recently. Electrical upgrades were made to accommodate large screen TV/projector, tapes and maps, etc. They were looking at future grant applications for the use of low power AM radio transmitter for low emergency notification that he explained further. Mr. Lyon added that when you don’t have power, how are you going to get the information and this was one thing they thought would be an inexpensive alternative. Mr. Gleason mentioned that on the Town’s website one slide discusses how much food you should have and the other discusses having a portable emergency home AM/FM/TV/Weather Communications type radio system.
Mr. Gleason told the Board about another pending grant application for a trailer mounted portable message board. Bruce Berry has increased the number of signs for “high water” and additional road closure barricades. This presentation, he said, was put together as general information for W&M and folks watching on TV20. He spoke briefly about the reporting system in place for the State when a major event or incident occurs as well as mutual aid – “interoperability is the key to success”, he said.
Mr. Gleason explained that deactivation was based on field status reports. Mr. Bowler thanked them very much for a great job and he appreciated it. Mr. Infanti also thought it a great presentation and gives answers to questions they could not answer the last time. The Chief mentioned that every time they do this they get better at it and learn from their mistakes. This has come a long way during the past year. Mr. Infanti reiterated it was a great presentation and they learned a lot because the way the Department Heads have pulled together both years. There aren’t that many problem s that haven’t been solved and he saw things that made him proud. Mr. Grella also felt it an excellent presentation and rode with Mr. Gleason on an incident the last time. Being prepared and communications is the key and the new radio for DPW is going to make things easier for all folks. He thought backup radios were an excellent idea. Mr. Lyon indicated the price range for them was $11,000 to $28,000. Mr. Galinson echoed the other Selectmen, in that this was a terrific effort as they plan before an emergency happens. They already have a great infrastructure that many people do not know about. Mr. MacGuire added that they heard every place they went about the levels of cooperation and he thought they have had good success and this is really all about the team. This was obvious during the presentation.
Cal Wood, Woodland Drive, asked if they planned to have reverse 9-1-1 capabilities. The Chief advised the problem was the expense involved and a service you subscribe to. This was something that is invaluable, but quite expensive. Mr. MacGuire added one town they visited utilized this service and would not do it again, but there is other technology out there. Mr. Wood asked if they had a level of interoperability with the State and Federal agencies. Mr. Gleason explained that the State has worked with them and have received a grant for Fire and EMS. Mr. Wood then asked if they had a contingency plan or capability for near mass communications in the area of health. Mr. Gleason advised all departments were working with the Nashua Health Department with everything from FEMA to planning, etc. They do not have anything specific but they were working on a constant basis to have a multiple based regional plan. He commented on the State agency alert that they all hear over the television and radio and they have the capability of getting the message out immediately on a catastrophic event or Amber alert.
Appointment of Police Officer
Mr. Infanti moved to accept Derek Mahoney as a new full time Amherst Police Officer as recommended by the Chief, second by Mr. Grella. Vote: Unanimous.
Appointment of Trustee of the Trust Funds
Mr. MacGuire reminded the Board that at their last meeting they accepted the resignation of one of the Trustees. He has been in contact with the two remaining Trustees and they recommended Paul Spiess and he is willing to fulfill this position and serve - RSA 31-27 states that a vacancy be filled for the remaining of the term, which is 2009. Mr. Infanti moved to appoint Paul Spiess to the Trustees of the Trust Funds to 2009, second by Mr. Grella. Discussion: Mr. Infanti thought he was an excellent nominee and was thankful he is willing to do the job. Vote: Unanimous.
Farmers Market – Discussion of Music
Mr. MacGuire advised the Board that Eileen Cavallaro, on behalf of the Farmers Market, was approached by a local small musical band that plays reggae/rock music about performing at the Market. They would be interested in supporting the Farmers Market on Thursdays, playing for free and accepting donations. In his discussion with Eileen, she was thinking they could play one time on August 9th and depending on their success or not, she would come to the Board and request the band play once a month depending on the Selectmen’s decision.
Mr. Infanti mentioned that any major discussions they had with the Farmers Market they also had with the general public. He said he was a little apprehensive and would like to hear a CD first because he did not know what they play and what it sounded like. It would be setting a precedent, however, it would be nice to have music if it was low key. Mr. Grella felt the same way. The last thing they wanted to do is have people that were not close to the whole event be upset. He knew where the band was located, but had not heard their music. He, too, would like to hear their music on CD and hear from the neighborhood. Mr. Galinson asked who were they to judge if this was music or not. He would support any product and thought they should keep it a Farmers Market. This was pushing the limit and getting into a category of changing what they were doing. Mr. Bowler commented that when he first heard the request his immediate response was “no” and he was still saying “no”. This was going completely away from what the Farmers Market was in his mind. He agreed with Brad regardless of listening to a CD or not. His mind was made up and he did not think it would change. He certainly did not go along with a one time test without notifying people first.
Liz Overholt, Horace Greeley Road, remarked that one of the charms of a Farmers Market was is the ability to stop and chat with people. If there is music, it makes conversation difficult and unless the music was away from the vendors, it would reduce the opportunity and change the charm of the Market. Mr. Infanti concern was how can they sanction who can play and can’t play. If it came to sanctions, he would have no problem saying “no”.
Mr. Infanti moved that they not allow music at the Farmers Market at this time, second by Mr. Galinson. Vote: Unanimous.
Tax Deeding Update
Mr. Infanti explained that they asked on several occasions for updates that he believed they now have and three were in front of them. The owner on Hillside has paid $200.00 so far as they said they would. He spoke of concerns he raised at a prior meeting when this was discussed. The memo indicates that all future taxes for this owner will go through the elderly tax deferral program and this makes sense and agreed with it. Mr. Bowler wondered if the future taxes referred to were the 2007 ones. Mr. Infanti indicated this would be two more years and guessed the Board still need more answers.
Mr. Infanti moved that they continue to receiving $100 per month in payments until such time as the 2004 taxes on Hillside Avenue are paid, second by Mr. Grella. Discussion: Mr. Galinson would like to get the information to know what the status of the ’05, ’06 and ’07 actually is. Mr. Infanti had no problem going either way, but didn’t know what “all future taxes are”. Mr. Infanti rescinded his motion, second by Mr. Grella.
Mr. Grella moved to table discussion on the property at 21 Hillside until the next meeting, second by Mr. Infanti. Vote: Unanimous.
Mr. Infanti indicated the second one has paid the 2004 taxes in full as of July 18, 2007. That property they did not have to do anything with.
Mr. Infanti advised the third one there was a request to table as well until they got more information and he was not sure this was something the Town would like to own. Mr. Infanti moved to table 464 Boston Post Road, Unit 6, second by Mr. Grella. Vote: Unanimous.
Other Business
Mr. MacGuire gave another update on the loader. Two weeks ago they got reports from two vendors, one of which went to Germany and they could not get replacement parts. One of the vendors reported he found replacement parts in New York. Now that they have access to parts, it looks like they can repair the equipment that was their decision one month ago. He was a bit leery that when they take it apart, they may find additional repairs that might be needed that they can’t find parts for.
Mr. MacGuire reported he exchanged emails with Libb Crocker looking to arrange a meeting with the Moderator about the W&M issue. As he had advised, he had been in touch with Town Counsel and the Moderator and they both were wiling to participate in a meeting under the direction of the Moderator. Unfortunately, the schedule of both Bill Drescher and Bob Schaumann will not work until the middle of August. He would act somewhat as a mediator to see if the Town Moderator is willing to set up a meeting with all parties to see if this will work or not. Mr. Infanti mentioned that as a Selectman, he felt this a Moderator issue and the meeting should be held on a different night than Selectmen, ZBA or Planning Board meetings. His intention would be to sit in the audience and listen. This was not a Selectmen’s issue and he had no problem to having Gary make it happen. Mr. Grella felt the same. The W&M Committee was strictly under the auspices of the Moderator and the Selectmen should not be spearheading the discussion. Mr. Galinson indicated he would also like to be in the audience. Mr. Bowler agreed as well and that it be a meeting led by the Moderator. Mr. MacGuire reported this was clearly the direction from Town Counsel.
Mr. Infanti reported the Town received a directive on seating of Planning Board members – they can only have full members seated at the table and the alternates should be seated in the audience. He commented that this would be an interesting change. Mr. MacGuire advised that this came from a LGC article written by their Counsel in a strong written opinion for all Land Use Boards. Apparently the Planning Board felt strongly about this and requested an opinion from Town Counsel. This is not cast in stone because he has read some emails back and forth around the State and some people have differences of opinion. In response to Mr. Galinson’s question, Mr. MacGuire indicated that alternates can participate as a member of the audience, but not be part of the discussion at the table. He has seen some lawyers’ opinion and Charlie Tiedemann will request an opinion from Bill.
Mr. Infanti commented once again on the lack of response from citizens in filling out the Master Plan survey that was in the “Amherst General”. He stressed the need for more input because it gives guidance to what the town wants for the next 10-15 years. Those people who have worked on the Plan have put in hundreds and thousands of hours and they need more input from more than 25 citizens. He reminded everyone that the Town voted $75,000 to create a future for Amherst and the results were very poor.
Ms. Rogusky informed the Board that they were not going to have a public steering committee meeting for the Master Plan on August 8. Mr. Petrella remarked that he knew everyone was busy and probably the reason they only received 25-30 responses. He suggested rather than dwell on the survey, to put out the proposal, people will then see something in writing and maybe then they will get responses.
Mr. Infanti reported that the Planning Board approved several plans, one was for KFC/Taco Bell that was almost across the street from Lowe’s. Another was a plan for a center that would house Circuit City and Sports Authority along with several other tenants. There will be a standalone bank and a standalone Starbucks.
Mr. Grella reported at the HDC meeting they talked about several items and would be interested in what Town Counsel has to say - would alternates on the Committee fall under the same as the Land Use Boards. Mr. MacGuire indicated they would get the answer when they get the legal opinion from Counsel.
Mr. Bowler reported that since the last meeting a letter had been sent to him concerning signs around Town. It is an issue and continues to be one. The Town has a most confusing ordinance and he had hoped that last year they had an answer to it. He thought that the Planning Board and Charlie Tiedemann should try and come up with a better ordinance. The signs that were documented in the letter were now on the record and they should deal with them. He understood they were short a person in the Zoning Office. The signs were out there and he did not know what they could do about this without Charlie driving around Town for two days looking for them. His suggestion was that Gary work with Charlie to put something together and then come back to the Selectmen about moving forward to issue citations. Mr. Infanti added the Planning Board addressed this and he went out and found 65-70 signs - “For Sale by Owner”, “Rental Signs” and signs on 101A. This was the same signage as in other towns not only in Amherst. He did not know the answer, but there were many illegal signs posted. It was very clear that real estate signs were on every street. There were signs put up for yard sales and never taken down and they get complaints on them all the time. He agreed that both Gary and Charlie get together and talk about the matter. Mr. Grella remarked they did not want to pick on a particular group and a letter was received from the Nashua Board of Realtors, but some groups still put up signs. He suggested that any Selectman who sees an illegal sign to pick it up, call the person to pick it up and if it wasn’t picked up in 12 hours it would end up at the Transfer Station. He said, “this is a visual blight and by not doing something it will get worse and worse”. Mr. Galinson felt they had to enforce the rule and hopefully it was not Charlie driving all around Town picking up signs. He wanted to come up with a creative solution. They have a fine enforcement person to be able to do it a bit each month.
Mr. Bowler asked about the audit. Mr. MacGuire advised he had not seen a draft audit and Merri Howe, Finance Director, was on vacation and it was complete. They expect to be caught up and expect it to be completed on time.
Mr. Bowler announced the Board would go into non-public session to discuss a new pending suit on a tax abatement that was presented to them that day.
Upon a roll call vote the Board unanimously entered non-public session at 9:40 p.m. under RSA 91-A:3 II (e ) potential litigation.
The Board exited non-public session at 9:55 p.m. While in non-public session, the Board discussed a pending litigation matter and voted to defer it to Town Counsel.
Upon a motion made and duly seconded, the Board voted unanimously to adjourn the meeting at 9:55 p.m.
Respectfully submitted,
Sharon L. Frydlo
Executive Assistant