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Town of AmherstBoard of SelectmenJuly 9, 2007
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Upon a roll call vote the Board entered non-public session at 6:00 p.m. under RSA 91-A:3 II (e). The Board exited non-public session at 6:59 p.m. While in non-public session, the Board met with MRI and Town Counsel to discuss a pending tax abatement suit.
Chairman Bowler called the meeting to order at 7:03 p.m.
Libb Crocker, 73 Boston Post Road, mentioned she read the June 18th W&M meeting minutes, and she had some questions about what Moderator Bob Schaumann read at the end. She requested that the Selectmen invite Town Counsel Bill Drescher in “so that we can ask him questions directly”. There was nothing written from Bill and she would like to speak to him directly so that she could understand the law and charter. Mr. Bowler advised the Selectmen do not have anything to do with Ways & Means. Mrs. Crocker suggested they invite him in as an agenda item for the good of the public. Mr. Bowler indicated the Selectmen could invite Town Counsel in to see what he says, if it is a W&M issue. Mrs. Crocker thought she had to ask permission of the Selectmen to ask for anything concerning Town Counsel. Mr. Bowler suggested she start with Moderator Bob Schaumann and asked that the Town Administrator check with Town Counsel to see what his opinion is. She asked if they would be willing to invite Bill Drescher to a W& M Committee meeting and if there were other members of the public that were interested to have this opportunity to attend and whatever they felt was appropriate was fine.
Mr. MacGuire asked if the Board’s preference would be at a Selectmen’s meeting, a W&M meeting or a third separate meeting? Mr. Bowler felt it would be a W&M meeting and would respect Counsel’s opinion. Mr. MacGuire will contact Town Counsel within the next day or two to see what direction this should go.
Cal Wood, Woodland Drive, spoke about the Selectmen’s votes dating back to May relative to the Land Use Change Tax and the revenue received was a total of 8% of the Town’s current operating budget. He asked how this money was going to be spent and how much of any of it will be carried forward to reduce next year’s taxes? Mr. Bowler explained that 50% of LUCT funds go into the Town’s LUCT funds and the other 50% goes into Conservation Commissions accounts, none of which would be used to offset the tax rate. He added that two weeks ago a lot of the money Mr. Wood was referring to was encumbered and unanticipated revenue. Some of the funds were budgeted and were earmarked for certain projects. They encumbered and carried over the Baboosic Lake warrant article from FY 07 to FY 08. Mr. Wood asked that of the three quarters of a million dollars, was all spent. Mr. Bowler advised it was.
Scott Marsh, MRI Representative, gave a brief update on abatement requests, indicating what was before the Board was the last of the residential abatements, he had one more to review and there remained eight commercial properties. It should be noted that in each of the following, either approved or denied by the Board of Selectmen, Mr. Marsh gave a brief synopsis of MRI’s recommendations.
6 Holt Road – Mr. Infanti moved M/L 3-66-3 that the abatement request be denied, second by Mr. Grella. Vote: Unanimous.
115 Route 101A – Mr. Infanti moved M/L 2-41 that the abatement request be denied, second by Mr. Grella. Vote: Unanimous.
7 & 9 Milford Street – Mr. Infanti moved M/L 25-81 & 82 that the abatement request be denied, second by Mr. Grella. Vote: Unanimous.
23 Clark Island Road, Mr. Panasiti stepped down – Mr. Infanti moved that M/L 8-100 the abatement request be denied, second by Mr. Grella. Vote: 3-0. Mr. Panasiti returned to the Board.
Amherst Street – Mr. Infanti moved that M/L 15-1 receive an abatement of $75,200, second by Mr. Grella. Vote: Unanimous.
30 Boston Post Road – Mr. Infanti moved that M/L 7-83-12 receive an abatement of $2,800, second by Mr. Grella. Vote: Unanimous.
1 Balsam Lane (Northwoods) – Mr. Infanti moved that M/L 3-79-0-4 receive an abatement of $34,700, second by Mr. Grella. Vote: Unanimous.
5 Eaton Road – Mr. Infanti moved that M/L 5-135-1 receive an abatement of $59,000, second by Mr. Grella. Vote: Unanimous.
20 Cricket Corner Road – Mr. Infanti moved that M/L 4-114 receive an abatement of $52,000, second by Mr. Grella. Vote: Unanimous.
2007 Abatements
Woodland Drive – Mr. Infanti moved that M/L 7-17-78 receive an abatement of $334.00, second by Mr. Grella. Vote: Unanimous.
135 Amherst Street, Unit 8 – Mr. Infanti moved to table until the next meeting M/L 5-18-8, at the request of MRI, second by Mr. Grella. Vote: Unanimous.
Untable Abatement Request
Mr. Marsh asked if the Board would untable 1 Pierce Lane abatement request as it was not on the agenda. Mr. Infanti moved to untable M/L 17-96-1, second by Mr. Grella. Vote: Unanimous. Mr. Marsh said it was his recommendation, based on the synopsis he read, to reduce the previous assessment from $1,225,900 to a new assessment of $1,070,300 for an abatement of $155,600 – tax dollars $2929.95. He answered Board questions relative to an appraisal, corrections MRI took into consideration and the change to the sketch. Mr. Infanti indicated that he would have a “tough” time making a motion as this was one of the most beautiful homes in Amherst. Mr. Marsh advised that the person who viewed the interior was very knowledgeable and he personally viewed the exterior. He also spoke about the sales comparisons of properties within the Village and changes made through the appraisal system, however, he did not agree with their appraisal. In response to Mr. Panasiti’s questions, Mr. Marsh advised they adjusted the grade up, but the bathroom fixtures, etc. were dated to the 1970’s that changed the depreciation. Mr. Infanti moved M/L 17-96-1 receive an abatement of $155,600, second by Mr. Grella. Vote: Unanimous.
LUCT
Plenitude Development, LLC – Mr. Infanti moved that the Town applies $25,000 to M/L 5-53-1 as a Land Use Change Tax, second by Mr. Grella. Vote: Unanimous.
Award of PMEC Bid for Geo-Thermal System
Advisory Board Member Jim Bowen reported he had received multiple bids for Phase III which was the last phase of the building. Three years ago there was only one contractor that could install this type system, but since then there were several more geo-thermal contractors in the State. There was now two additional technologies in the northeast. PSNH thought they should look into doing this type of technology. The Genesis system was older technology and the Tranquility system is the newer type. He was recommending a 10.0 ton residential Tranquility system proposed by Bill Wenzel Heating & Air Conditioning at $43,850. He advised that LeBlanc Heating had never installed one.
Mr. Bowler read the bid list as follows: Bill Wenzel Heating & Air Conditioning 8.5 ton commercial Genesis system $38,500; 8.5 ton residential Genesis system $39,500; 10.0 ton residential Tranquility system $43,850. LeBlanc Heating Tranquility split system $86,826.36. KW Management Inc. Closed Loop Design $80,965; Open Loop Design $52,542 and Weather Wise Heating & Air Conditioning with three separate Geo-thermal systems installed $49,800. Mr. Bowen added that the commercial system has a one year warranty and the residential system has a five year warranty.
Mr. Grella moved the contract be awarded to Bill Wenzel Heating and Air Conditioning for a 10.0 ton residential Tranquility system for $43,850, second by Mr. Infanti. Discussion: In response to Mr. Panasiti’s question, Mr. Bowen advised that PSNH offered them the “Heat Smart Program” that will give them lower cost for operating the system. PSNH does not want to build a new plan and anyone who wants to use less electricity they offer a discount. Mr. Panasiti commented that he wanted everyone watching that what they were doing was good for the environment. Vote: Unanimous.
Untable Recreation Department – Use of Unanticipated Monies
Mr. Grella moved to untable, second by Mr. Panasiti. Vote: Unanimous.
Dana Redmond advised that Recreation has approximately $280,000 of unanticipated revenue. Currently $200,000 has been used for field development which leaves approximately $80,000 balance to be used for recreation spending purchases. This money would help to offset future costs of maintaining the fields. Under RSA 35:B2 gives them the authority to acquire fields to construct fields and purchase and maintain fields. This was in the 2000 warrant article for recreation. This money should be used to benefit recreation in order to acquire what they couldn’t purchase any other way and a good use of the funds.
In response to Mr. Panasiti’s questions, Mr. MacGuire advised that the funds were recognized as unanticipated and encumbered and cannot go into the revolving account. If nothing was done, the money would go to the bottom line. The funds were encumbered last year which kept if from going to the bottom line. The Board of Selectmen can spend or not spend it or can be encumbered again. Mr. Panasiti indicated he fully supported what they were asking for. As the Selectmen’s representative, they have had several meetings discussing maintenance of the fields and where the money was coming from. This unanticipated money was earmarked for recreation to be used for and by the department and if equipment is needed to maintain fields at the highest level, this is what should be done. This money was given by a particular agency specifically for recreation. If it wasn’t restricted originally, it shouldn’t be restricted now.
Mr. Grella was in agreement, but mentioned that the way it had been explained at the deliberative session was that money would come out of user fees. Robert Heaton remarked this was false because he made the presentation. He explained that the user fee process, at this point, is strictly to assess non-resident users of their facilities the cost the Town underwrites through the recreation maintenance budget. They may come to the Selectmen to assess user fees, but have not done this yet. He did not feel at the deliberative session this was said. Mr. Bowler commented that he watched the Town deliberative session and a gentleman from Willow Lane asked what additional costs would there be and he was told it would come from user fees. Mr. Redmond indicated he remembered him. There is a cost of maintaining fields and they did not have a hard number to maintain them at that time. Part of their charter is that this committee has to raise funds and not go to the taxpayer. One thing they have to do is charge the users. With the $80,000 they can increase their efficiencies in recreation and wouldn’t cost the taxpayer anything. This was the way of life for them and they have to go forward.
Mr. Redmond added that this was about buying capital equipment to maintain fields and something they have to do. He did not believe it was their intention to misinform the voters. Mr. Infanti indicated he said last week that he wouldn’t speak because he had a vested interest and what was said at the meeting “was water over the dam”. The money was available and he thought it would make sense to take the money and put it towards the fields. Whether it meant adding sprinklers or adding maintenance to them, the money can be used to maintain them. He has thought “long and hard” about this and felt he would support the money being spent for the equipment.
Mr. Bowler did not doubt they needed the mower, but he did not like the idea of utilizing the money for equipment. He did not have a problem in using the $76,000 for something like irrigation, but purchasing a mower he does. There was $139.00 difference between the high and low bid. Nashua Outdoor Power was closed last week and he wondered why they would go to Nashua for service if they could go to Milford instead. Mrs. McMillan believed they do service in Amherst on 101A and repaired the Ferris the very next day. They also gave them the best quote as well as a loaner. Mr. Bowler indicated that Dana mentioned in the beginning field development – equipment isn’t field development. Mr. Redmond remarked that if they wait until next year and put the money in the budget, it would increase money for the taxpayer. The money could be used best for equipment. Maybe this isn’t everybody’s personal preference, but it was not an unwise way to spend the money.
Mrs. McMillan commented that whether they take it out of this fund or whether they ask for it in the budget, their hope is to get this equipment in the way the fields needed to be maintained, especially in the first year during their growth. If you don’t maintain them, “you don’t maintain your investment” she said. At this time they haven’t assessed resident user fees and they can’t take money out of the revolving account to purchase this equipment. She advised they just invested $3500 to repair the Ferris mower. Mr. Heaton commented that the school doesn’t have anyone to maintain the Middle School fields. Recreation has a capital plan and could upgrade some fields such as the Middle School. They could use it for this and certainly assess the user fees and want to do something that doesn’t cost the taxpayer money. They need this now because they are starting to mow the Bean Fields. A decision they will have to make is how high did they want user fees to go. At some time they will cost kids out of the program or close programs. He hoped the Selectmen went out to see the Bean Fields because they were gorgeous. As they go forward with capital projects, they will have to do it with minimum impact to the taxpayers. They need this now and if the Board doesn’t allow them to use this money, then they will have to come back and increase the user fees in the fall.
Mr. Redmond added that this money was also for maintenance of seed, fertilizer, etc. This was capital for one time purchase and would not be purchased again for 10-11 years. He would like to see the money used to improve as many fields as they could and this was the most precedent need now. Mr. Heaton remarked that the donor of the money was very happy to spent it in this way.
Mr. Grella moved that the Recreation Department purchase an Ex Mark LXSBV605 with 60” cutting width and vac system from Nashua Outdoor Power, Inc. not to exceed $11,141.60 – the money to come out of the unanticipated revenue, second by Mr. Panasiti. After a brief discussion the vote was 3-0-1, Mr. Infanti abstained.
Mrs. McMillan indicated they had quotes on additional equipment that will be requested. Mr. Infanti stepped down. Mr. Bowler asked if the Highway Department had some of this equipment. Mr. Heaton indicated it would not be suitable for their equipment to go on fields. Mrs. McMillan added that the aerator Highway uses is the Recreation Department’s. Mr. Infanti told them he believed one of the three pieces of equipment could be hooked up to the Ex Mark mower. He then returned to the Board.
Educational Incentive – APD Employee
Mr. MacGuire advised a memo was received from Chief Lyon similar to what they had seen before. Officer Day-Lewis is pursuing a graduate degree in Justice Administration and obtained a grade A. He has spent over $8000 of his own money for the past semester and he is eligible for a reimbursement of $1095. Mr. Infanti moved that Officer Day-Lewis receive $1095 as reimbursement for his education and acknowledge this, through the Chief not only for himself, but for the Town of Amherst Police Department, second by Mr. Grella. Discussion: Mr. Panasiti asked if there were additional funds received through the department. Mr. MacGuire indicated it was a small token, but it was far better than in the past. Mr. Panasiti wished they could do more. Vote: Unanimous.
Mr. Bowler did not see the need for a request like this to come before the Board of Selectmen because this was well within the Chief’s authority. Mr. Infanti agreed, but would like to see a letter in their “read file”. Mr. MacGuire indicated they were began doing this on a pre-approval – an employee needs to go to his Department Head to make sure the course is approved. Mr. Infanti moved that the reimbursement be approved by the Chief, with a letter in the read file so that the Selectmen know it is being done, second by Mr. Grella. Discussion: Mr. Panasiti would like to see the amount increased. Mr. MacGuire added it is the Chief approving the class and a matter of protocol for the Town Administrator approving the recommendation. Vote: Unanimous.
Resignation of Trustee of Trust Funds
Mr. MacGuire advised the Board has a copy of an email that served as confirmation of the resignation of Joan Grummett as a Trustee. The appointment to fill the vacancy will be filled by the Selectmen. He had some conversations recently and may have some names to consider from the remaining Trustees. Mr. Infanti moved to accept the resignation of Joan Grummett of the Trustee of the Trust Funds with regret, second by Mr. Grella. Vote: Unanimous.
Veterans Tax Credit Request
Mr. MacGuire reported this was a request similar to something they considered around six months ago on a situation that is basically not a tax abatement because they were past the time. It appears to be an error made through the Town. The Lefebrve’s had lived for many years on Buckridge Drive. In 2005, they moved to a home on Courthouse and for some reason the Veterans Tax Credit was removed from the Buckridge home (even though the still owned both) and not put on the Courthouse one. This is a mystery as to how the credit left one house on Buckridge and was not associated with the one on Courthouse for the year 2006. They did not receive their $300 exemption on either house. This request is in behalf of the Lefebrve’s, who first went to the Tax Collector.
Mr. Infanti felt they should be reimbursed and did not understand where it went or transferred to the other property and in this case he deserved it. Mr. Grella felt the same. Mr. Panasiti asked if it was automatically transferred or what was the process. Mr. MacGuire advised he was told by the Tax Collector that it was the homeowner’s responsibility to request it to the new home. The mystery was it came off the Buckridge Drive home, but wasn’t applied to the new home. The Tax Office doesn’t know why it happened. Mr. Panasiti suggested they look into the program to see why it happened. Mr. Infanti moved to reimburse Richard Lefebrve for the 2006 Veterans Tax Credit, second by Mr. Panasiti. Vote: Unanimous.
Old Business - Loader
Mr. MacGuire gave the Board an update on the decision made a month ago to Director Berry to repair a 1989 Trojan loader. This cannot be done and he presented the Selectmen with two repair estimates – one from R. C. Hazelton and another from Chappell Tractor Sales Inc. along with another response from out west. They cannot locate parts and cannot do repairs with only a handful of parts when they can’t locate the rest. This was the direction the Board gave to Bruce on how to proceed and he can’t proceed this way. He could get a sense of the Board on how they wanted him to proceed or do a bit more research with options or proceed in the direction they wanted him to go. Mr. MacGuire verbally read the letter and work order. He advised that it appeared that if these parts were available at all would be from Germany.
Mr. Infanti would like to ask Director Berry at their next meeting to revisit the prior per month rental since they authorized him to spend $18,000 to fix the loader. He believed it was approximately $2500 to rent and to rent one for six months was $15,000 – they needed to have two loaders and they would save money. At the next meeting, they should be prepared to make a decision. They had done the very best with the loader and the reality was that it was time to move on.
Mr. MacGuire advised the Director was prepared to meet with them that night because he was very concerned and was trying to go forward with the road construction along with other demands. He is nervous that if they did not address this soon it will make an impact on this ability to do road construction. Mr. Infanti commented that this was not an option and they needed to move on it quickly.
Other Business
Mr. MacGuire advised that they were made aware that Recreation was looking to have a tournament this coming weekend at Cemetery Fields and Director McMillan was a bit late in getting this request in to the Board of Selectmen and the Cemetery Trustees. Mr. Infanti reported it was sent to the Cemetery Trustees last Thursday or Friday. Even though the guidelines say it has to be in requested within three months of the tournament, he would add his support and it didn’t appear that the Cemetery Trustees had a problem not supporting it. The rules and protocol made up needed to be followed and Mrs. McMillan indicated this would not happen again. In response to Mr. Grella’s question, Mr. Bowler explained that everything on Cemetery Fields has to be applied for and approved. After a brief discussion Mr. Infanti moved to approve Cemetery Fields Tournament’s application on July 14-15 for Amherst Youth Baseball, second by Mr. Grella. Discussion: Mr. Bowler suggested that notice be given to Jennifer Lane residents.
Mr. MacGuire reminded the Board that the agreement with Comcast expired on July 6th and it looked like they had an agreement, but it would not happen until the first part of August. They may receive a request for a one month signed extension. There would be a request for the Chairman to sign the contract extension should it be required. Mr. Infanti so moved, second by Mr. Grella. Discussion: Mr. Panasiti asked if this stopped another group from coming in. Mr. Bowler explained they went through this several years ago with the Merton Group, but the cost was prohibitive. Chairman of CIC, Doug McAllister indicated they looked at the Merton Group, the other possible provider was Verizon and everything the Committee has heard from them is they are not going to do it – to overbuild the system was $10 million dollars. Vote: Unanimous.
Other Business
Mr. Infanti asked for an update on the Master Plan. Deirdre Rogusky reported they had received only 20 questionnaires from the “Amherst General”. Most of them have been mailed back to the Town Hall. She briefly recapped the Master Plan Committee June meeting. She stressed receiving the surveys back in order to hope those folks watching would contribute to the Master Plan Committee’s request. Mr. Bowler suggested the Committee go to the Transfer Station on Saturdays. Mr. Infanti indicated that the sad thing was that Deirdre and her Committee had put in hundred of hours and had received no feedback. This information could shape the direction of Amherst for ten to twenty years and was an important process and he believed many more people needed to get involved. He acknowledged all the work she has done along with all the other Committee members.
Ms. Rogusky advised that Phase I was completed and they were looking for finalization of all the elements and trying to keep it all on track.
Mr. Grella had nothing to report. Mr. Panasiti suggested the Board bring in either the Planning Board or the ZBA or both Boards to discuss the Industrial Park and what the Town’s requirements for people to come in. Mr. Infanti spoke about this area being private property with Mr. Bowler also advising that there was still property available between the turnpike and Amherst, but they did not have sewer. Mr. Infanti added that years ago the Town looked to bring sewers from Bon Terrain to Milford and it was not accepted. The Town paid several communities to make this work and he felt the Planning Board could give them a briefing on what happened over the years. In response to Mr. Panasiti’s question, Mr. Infanti explained this was all in the Zoning Ordinance and he believed the Town’s regulations were pretty flexible for that part of Town.
July 4th Acknowledgement
Mr. Bowler wanted to publicly thank Nancy Head and her 4th of July Committee for another outstanding job they did this year – including Reed. He thanked everyone for showing up on Wednesday to march in the parade.
Minutes
The Board tabled approval of the minutes until their next meeting until Selectman Galinson was present
Mr. Infanti moved to adjourn the meeting at 9:16 p.m., seconded by Mr. Grella. Vote: Unanimous.
Respectfully submitted,
Sharon L. Frydlo
Executive Assistant