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Town of AmherstBoard of SelectmenAugust 27, 2007
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Chairman Bruce Bowler called the meeting to order at 7:01 p.m. Selectmen present: George Infanti, Reed Panasiti, Thomas Grella and Brad Galinson. Also present Town Administrator Gary MacGuire and Executive Assistant Sharon Frydlo.
Norman Wrenn, 20 Embankment Road, indicated he was there for the propane and heating oil bid and requested an opportunity to speak at that time.
Susan McCarthy, 50 Broadway, commented that the pipes for the Community Septic System were being placed on Broadway and wondered why there wasn’t an intake value put in front of her property so that she could hook up later. She said, among other things, that she thought the intention was that this would be done, but the pipe was 20’ from the markings on her property and she did not understand why it was not done like other homes. DPW Director Bruce Berry spoke specifically about the McCarthy right-of-way, the plan and her desire to have a future connection. He added that people can’t just decide when they want to hook up to the system. Mr. MacGuire briefly spoke about the matter and if the line was physically going past a house what would be done, however, they were not digging up that section of the road. They did not have a grant to expand that section and it was up to DES and the EPA. Mr. Berry added that according to the plan they did not go by Mrs. McCarthy’s house, but the line could in the future. Mr. MacGuire advised that the expansion would not be for just one person. Mrs. McCarthy indicated that she misunderstood the circumstances when she saw all the arrows.
Margaret Burke, 12 Main Street, spoke about an issue of signs associated with her son’s senior project. She said they had been stolen and had called the Police. She talked about a 15 day notice in the ordinance and had not received one. She also commented about living across the street from Moulton’s and asked if they had a permit for a dumpster, as well as for things that did not beautify the Village. This was about their small signs and it was not clear why they couldn’t have them. Mr. Bowler explained the Town had a sign ordinance. Mr. Infanti added that she would find that part of the ordinance she was referring to [the 15 days] was in the commercial district of the Town. The ordinance addresses not only her, but the commercial district as well. Mrs. Burke said she had taken pictures around Town and found 15-19 signs that had not been removed within three days. Mr. Infanti indicated that 15-20 signs were picked up on a daily part time basis. He commented he noticed her signs during the July 4th parade and believed the ordinance indicates one sign maximum per lot. He reiterated that the 15 days she was quoting was for the commercial district. Mr. Infanti added that her property was “not singled out”. The Town had received several letters of complaint about 40-50 different signs and it was not their intent to steal them – they could be picked up at the Town Barn.
Mr. Infanti continued … There is an ordinance that says “you can’t put them up” and was offended that she said they were stolen. Under the same scenario, if she were speeding on 101A, she was breaking the law. He again assured her that it wasn’t just her sign – there were Open House signs, Sale of Furniture signs, House for Sale signs and again reiterated she was not being singled out. Mrs. Burke said her issue was that just theirs were taken and others weren’t taken for days and they had to hunt the signs down. Mr. Galinson indicated the Town has hundreds of signs that are in violation and had been removed. If, for example, someone was selling their house they can only have one sign. They have to follow the ordinance on the size and how long they can be up. In response to Mrs. Burke’s comment, Mr. Galinson thought it would be nice to call everybody, but it was not realistic to do tell folks they were retrievable at either the Town Hall or the Department of Public Works. Mr. MacGuire advised he had a conversation with Mrs. Burke, the second time the sign was taken by the Town. When he sat down with her son to educate him on the illegality, it was the second time he was warned about putting up his signs. Her son told him he was unaware who put out the latest sign. Mrs. Burke acknowledged that when she talked to Mr. MacGuire he was pleasant about this, but was not the case when she talked to Charlie Tiedemann which was a different experience. Amherst was a gentile Town and perhaps common courtesy to a Souhegan High School kid starting up a business could use a different protocol. Mr. MacGuire advised when he returned the sign the second time which appeared in the Village, he made her son pledge he would pick it up. It was removed and Mr. MacGuire was appreciative of this.
Mr. Bowler remarked that this problem has been ongoing for approximately two years and Milford has the same issues as reported in the “Milford Cabinet”. In response to Mrs. Burke’s question, Mr. Bowler advised that if her son was doing a “site specific” he can put up his sign and could not put up one where he is not doing specific work. Mrs. Burke asked if there was any allowance to put up a sign? Mr. Infanti indicated there was a “temporary use” permit, because of the nature of the her son’s business, he could get it through the Planning/Zoning Office. Mr. Panasiti remarked that part of the senior project is to look at ordinances before starting a business, how to advertise it and what can and cannot be done. He would have thought her son’s advisor and mentor would have worked with him on what was the right or wrong thing to do. This was a lesson learned, he said.
Daymond Steer, Cabinet Reporter, asked about the Verizon cell phone project. Mr. Panasiti advised the members of the Amherst Conservation Commission will walk the area where the phone company wants to do a test. In response to Mr. Steer’s questions, Mr. Bowler advised that initially they were going to put up a small crane to do the test. They were not looking to do anything further regarding a public hearing because they haven’t done a test yet. Mr. Panasiti believed they will be getting an email from the Commission to see if they can set a date for early next week. Mr. MacGuire added he had heard from the vendor looking for a time.
Cal Wood, Woodland Drive, commented that school will be starting up again and suggested reading the 4th & 14th amendment of the Constitution.
Approve Recommendations & Sign
Scott Marsh and Richard Dorsett, from MRI met with the Board. It should be noted that in each of the following commercial abatements approved by the Board of Selectmen, Mr. Marsh gave a brief synopsis of MRI’s recommendations.
98 & 100 Route 101A - Mr. Infanti moved that on M/L 2-49 the property be abated by $332,100, second by Mr. Grella. Vote: Unanimous.
141 Route 101A – Mr. Infanti moved that M/L 12-10 receive an abatement of $522,200, second by Mr. Grella. Vote: Unanimous.
135 Route 101A – Mr. Infanti moved M/L 12-12 be given an abatement of $337,200 as recommended by the Assessor, second by Mr. Grella. Vote: Unanimous.
Sign MS-1 Extension
Mr. Marsh advised there were a few more abatements that needed to be done in order to complete the MS-1 and he was asking that the Board sign the extension request. Mr. MacGuire indicated this was a statutory requirement and they needed the extension to be on the safe side and were asking the Selectmen to vote and approve the MS-1 extension until September 30 for the reason of finalizing the abatements. Mr. Infanti moved to accept and sign the MS-1 Extension to take them through to September 30, 2007, second by Mr. Grella. Vote: Unanimous.
Award Library Roof Repair Bid
Mr. Berry advised the bid was to repair the leaks in the Library roof. He felt it better to be proactive rather than reactive. Three bids were received from A. W. Therrian Company, Inc., Skyline Roofing and Desjardins Roofing. The bid required a September 30th completion date and many companies called indicating this was unrealistic because of their schedules. Desjardins Roofing of Exeter, NH was the low bid and his recommendation. Mr. Grella asked if he was familiar with this company. Mr. Berry indicated he had not used them before and passed out a pamphlet from the company showing some of the large projects they had done. After a brief discussion, Mr. Infanti moved to award the Library roof repair job to Desjardins Roofing of Exeter for $23,818.00 and approve a deck replacement if needed for $12.00 per square foot, second by Mr. Grella. Vote: Unanimous.
Award Home Heating Oil Bid
Mr. Berry told the Board they bid out home heating oil and diesel last year, but did not put them out to bid this year because he felt they could have saved significant money by going with the State Bid System. This system basically follows a chart on what the industry follows. Last year they would have shown significant savings if they had done this. They are buying heating oil through Irving Oil and they chose the fixed price. He spoke about what the State allows which leaves the door open. Last year they adopted a fixed price of $2.395 per gallon. He commented on floating prices based on December ’06 v. July ’07 and his expectation that pricing will drop in October. “This continues to be the roll of the dice”, he said.
Mr. Galinson asked what would prevent them from going to a local business and ask what was their best floating rate. Mr. Berry indicated they would have to bid this separately from the State because every heating contractor has an opportunity to be part of the State bidding process. Mr. Wrenn remarked that the State bases the prices on a supply point per week. Mr. Berry advised that the school had been included in the bid in the past with the Town, but had changed their mind this year. Mr. Wrenn mentioned that he will be providing propane to the school because he provide a separate bid to them.
Mr. Berry felt that, based on the past year, it was better to go with the floating rate. The State went through the bid process and they were “tagging along”. There was a brief discussion about speculation using a fixed rate. Mr. Infanti asked if they received any fixed numbers from anyone. Mr. Berry told the Board that Norman Wrenn had contacted him because he did not receive a bid package and he told him they were going along with the State bid. Mr. Panasiti asked if it wouldn’t be in their best interest to get bids. Mr. Infanti agreed and also thought it might be good to get numbers of what it would cost on the street. Mr. Wrenn told the Board that the School did not go out to bid on propane. Mr. Panasiti thought they should do due diligence and compare numbers with the State bid since they did not know what the fixed cost was.
After further discussion, Mr. Grella thought they should wait two weeks, go out and seek bids, and then analyze them. Both Mr. Infanti and Mr. Bowler agreed. Mr. Berry added he had been with the State on both gas and diesel. In answer to Mr. Infanti’s question, Mr. Berry indicated that gas was at $2.21 last week when he filled up the tank. Mr. Berry explained they have been using the same bid package for many years and briefly talked about the process of advertising and putting out the bid package. It was the consensus of the Selectmen to bid out home heating oil, propane, diesel and gasoline. Mr. Galinson asked that he get the timeframe so that they don’t jeopardize the State bid.
Award Baboosic Lake Phase II Bond
Mr. MacGuire commented that they were in the early stages of the Phase II warrant article (approved March 14, 2006) for a $178,500 bond that will be transferred to user costs. He had contacted seven financial institutions and had requested 10, 15, and 20 year notes - Phase I was for ten years. In looking at the spreadsheet, several of the institutions were not willing to quote beyond ten years and had three quotes for 15 years. In doing the calculations, he felt this was a better option for the homeowners. The low bid was Northway Bank at 4.20%. The other two quoting 15 years was First Colebrook Bank and Lake Sunapee Bank. In response to Mr. Infanti’s comment, Mr. MacGuire advised that Northway Bank has provided him with quotes in the past, believed their home office was in Berlin and the result of a marriage of two North Country banks.
Mr. Infanti moved to accept for the Town of Amherst Baboosic Lake Community Septic System Phase II, Northway Bank at 4.20%, second by Mr. Grella. Discussion: Mr. Bowler commented they were committing the users to an additional five years of interest. Mr. MacGuire explained they were trying to get a number basically the same as an additional interest cost for the five years. In response to Mr. Bowler’s question, Mr. MacGuire advised that he did contact some of the new banks and some were not interested because of their start up time. He had contacted some out of state, but did not contact them again because they had not responded in the past. These quotes were provided to him by email or fax last Wednesday. He commented he was both surprised and pleased with the numbers. Vote: Unanimous.
Mr. Infanti moved to authorize the Chairman to sign the bond paperwork, second by Mr. Grella. Vote: Unanimous.
Sign Baboosic Lake Community Septic System Warrant
Mr. MacGuire reported that the Tax Collector wants to send out another quarterly billing for Phase I. This year there will be four billings – last year they were a bit late and squeezed the billing into three payments. He briefly compared the billings that went out last year to what will be going out this year because they had not yet made a principle payment to the bond. The billing contains such items as bond principle, interest, monitoring fees and pumping fees to name a few. The warrant directs the Tax Collector to bill all 12 users and collect those funds. Mr. Infanti moved to authorize the Tax Collector to collect the Baboosic Lake Community Septic System quarterly maintenance in the amount of $5,529.36, second by Mr. Grella. Vote: 4-0-1, Mr. Bowler abstained.
Mr. MacGuire reported that Fire Chief John DeSilva advised them he would be resigning to take a position in Sanbornton – they have his written resignation and his last day will be on Thursday, August 30, 2007. Mr. Infanti moved to accept the resignation of the Fire Chief with regret and wish him the best, second by Mr. Grella. Vote: Unanimous. Mr. Bowler thanked John publicly, he served for four and a half years and wished him the best in Sanbornton. “He served the Town well and we will start the replacement process soon”, he said.
As Amherst’s Representative Marilyn Peterman could not make this meeting, Mr. Bowler asked that the Water District be scheduled for their agenda on either the 10th or 24th of September. Relative to Mr. MacGuire’s question regarding talking to Steve Densburger of Pennichuck Water, Mr. Bowler asked Mr. MacGuire to offer him to join them on September 10th, since Mrs. Peterman will be at their 24th meeting. He preferred having separate discussions with the two groups so that there will be no debating between them. He also added there would be no further comments or questions asked, other than from the Selectmen.
Mr. MacGuire reported that the CIP Committee had a very brief meeting with both his and Brad’s absence. Various drafts were in their hands and he believed the Chairman will have the Committee back on schedule within two weeks and be in a position to move forward. They have received information from both Amherst and Souhegan School Districts.
Both Mr. Infanti and Mr. Grella had nothing to report. Mr. Galinson reported both he and Gary attended a PMEC meeting that went well and they were getting close to moving forward with the organization.
Mr. Panasiti reported he had an opportunity to go out to the Bean Fields and observe the Verti-Quake and Verti-Drain system and aerating and it was in the Selectmen’s best interest to see what was done. This had improved the drainage on all the fields
Mr. Grella reported he visited the fields that day and “we have to pray for rain because this is what those fields need”, he said.
Mr. Bowler had nothing to report, but commented on hearing about an outstanding job done by an employee that evening and he and the Board thanked her for her compliments to this employee.
W&M Chairman Deirdre Rogusky asked for confirmation of the draft schedule for the State of the Departments on September 10th. Mr. MacGuire told her he believed he had four departments committed to the 10th and will confirm with her the others. Ms. Rogusky spoke about missing John DeSilva as well. She briefly updated the Selectmen on the Master Plan’s status. The Board briefly talked about impact fees in connection with the Master Plan and the CIP.
Mr. Grella moved to accept the Selectmen’s minutes of July 23, 2007, second by Mr. Infanti amended as follows: Line 193 – Strike the word “not”; Line 24- - Strike “went to” replace with “was from”. Vote: 4-0-1, Mr. Panasiti abstained.
Mr. Infanti moved to accept the minutes of August 13, 2007, second by Mr. Grella amended as follows: Line 280 – After the word “added” insert “he heard an estimate that”. Vote: Unanimous.
Upon a roll call vote, the Board unanimously entered non-public session under RSA 91-A:3 II (a). While in non-public session the Selectmen discussed personnel issues. The Board came out of non-public session at 10:23 p.m. and voted to appoint Gary MacGuire Interim Emergency Management Director effective August 30, 2007 based on the resignation of the Fire Chief who is the current Director. Upon a motion made and duly second, the Board voted unanimously to adjourn the meeting at 10:25 p.m.
Respectfully submitted,
Sharon L. Frydlo
Executive Assistant