Town of Amherst

Board of Selectmen

September 24, 2007
Meeting Minutes

Chairman Bruce Bowler called the meeting to order at 5:30 p.m.  Selectmen present:  George Infanti, Thomas Grella, Brad Galinson and Reed Panasiti.  Also present Town Administrator Gary MacGuire. 

 

Non-Public Sessions

 

Upon a roll call vote, the Board entered non-public session at 5:31 p.m. under RSA 91-A:3 II (b).  The Board exited non-public session at 6:30 p.m. upon a motion made and duly seconded.  While in non-public session the Selectmen discussed the hiring process for the Fire Chief’s position. 

 

Upon a roll call vote, the Board returned to non-public session at 6:31 p.m. under RSA 91-A:3 II (d).  The Board exited non-public session at 7:00 p.m. upon a motion made and duly seconded.  While in non-public session the Board authorized OSAC to offer a Purchase & Sale agreement to a potential seller of open space to the Town. 

 

Regular Meeting

 

Chairman Bowler opened the Selectmen’s regular meeting at 7:13 p.m. with an apology for their lateness in beginning.   

 

Presentation – SHS Green Team Environmental Club to PMEC

 

The team was at practice and would not be available to make the presentation as told to Sharon Frydlo by Vicki Laforet and passed onto the Chairman. 

 

Citizens’ Forum

 

Marilyn Peterman, Amherst Street, read a prepared statement about Amherst’s Road Surface Management Plan.  She referred to the proposed warrant article using LUCT funds of $400,000 to cover the first installment, however, the Deliberative Session put that money into the operating budget instead.  She summarized where, Mr. Berry said, the funds for road repairs came from.  She also stated Mr. Berry concluded in his report an amount to be received from the Highway Block Grant “if it was not cut”.  His recommendation, she said, was to put $400,000 in the highway budget for eight years at a total cost of $3.4 million dollars.  She did not see any accounting for emergencies or inflations within that number.  She talked about her concern, as a taxpayer, on the impact in the tax rate over the eight-year period.  She compared this approach vs. bonding indicating that this would be a less expensive tax rate approach and the work would be completed in a more timely fashion, even though outside contractors might have to be hired.  She commented that Mr. Berry mentioned other towns have fallen behind in their budgets.  In doing research, she found that Londonderry and Bedford both passed bonds.  She wanted to know what additional costs might be a factor Mr. Berry referred to in his report.  Mrs. Peterman felt that perhaps the voters would be willing to vote for a bond if they had all the cost comparisons for both approaches along with a recommendation by the Selectmen.  It was her philosophical opinion, that they should spread out these costs to present and future residents who will be using the roads as they were a capital expense and should be funded with as little impact on the taxpayer as possible.

 

Cal Wood, Woodland Drive, mentioned that in last year’s extensive budget a proposal was made to increase the salaries of the Crossing Guards that received $28.00 per day compared to Milford’s $40.00.  When this came up, every member of the Board was in favor and people were eloquent in the praise of them.  He asked about this several months later and was told they would receive a $7.00 raise.  On July 1, the Crossing Guards went from $28.00 per day to $29.00 per day.  He commented on the total dollar for the Police budget and the Town budget.  He asked the Board raise their salaries from $29.00 to $39.00 retroactive to July 1st.  Mr. MacGuire advised that typically increases are in line with all other employees of the Town. 

 

Approve Recommendation and Sign

 

Mr. Bowler asked why a MRI Representative was not present to make a recommendation on a commercial abatement, 25 Route 101A, M/L 2-106.  Mr. MacGuire indicated there may have been a misunderstanding between him and the Assessing Department.  Mr. Infanti indicated that after reviewing the information given, it appeared there was a discrepancy in the acreage of useable land vs. wetlands.  He moved that based on the recommendation of the Assessor and MRI, an abatement of $281,200 be given – tax dollars $5,295.00, second by Mr. Grella.  After a brief clarification, the vote was unanimous.

 

Merrimack Valley Water District District Update

 

Michael Scanlon, Merrimack Valley Water District Chairman and a member of Bedford’s Town Council  along with Marilyn Peterman, a member of the District and the Representative from the Town of Amherst met with the Selectmen.  Mr. Scanlon spoke of the history of the District dating back 5 ½ to 6 years as it related to the beginning of Pennichuck Water entering into an agreement to selling their assets to Philadelphia Suburban Water, the process of eminent domain from Nashua and how this affected other towns and how the District was formed.  He talked about the municipal Charter that was formed with Nashua having a weighted vote.  He explained there had not been a lot going on in the past 18 months within the District because of Nashua requesting the takings at the PUC level.  Because of issues, the PUC has come back to begin the hearings.  He also commented about Nashua taking on the Core System and the key issues with the District.  The District wants to protect the limited resource and it is important for the communities to get together the way they originally did with the seven members.  Nashua’s intent is to turn the water system over to the District.  Mr. Scanlon commented that Pennichuck Water was sold once, and he believed it could be sold again.

 

Mr. Scanlon told the Selectmen that Amherst has been a great neighbor and a great asset.  The District was almost there, the hearings should be wrapping up soon and they should receive a decision from the PUC within several months.  The biggest expense now was in legal fees for the Charter – there were Attorneys that agreed to work for the District, but can’t receive funds until the District is officially formed.  Many towns contributed, would receive takeover funds and the District relies on them to keep it going.   In answer to Mr. Panasiti’s question, he told them that Bedford, Londonderry and Litchfield have paid a portion.  While Mr. Panasiti knew what they were trying to do, he was concerned about continuing to put money into the District and if they decided to do it that day, it would $20,000 that Amherst has contributed. 

 

Mr. Scanlon mentioned that Nashua indicated that the rates would be lower.  The way it is now is the way Pennichuck wanted to play it out in the beginning.  Mr. Galinson asked if Pennichuck wanted to sell the pipes or the distribution network.  Mrs. Peterman commented that one of the largest sources of water is in Amherst along with Hollis.  In response to Mr. Galinson’s questions, Mr. Scanlon remarked that Nashua would have to bond it first – anticipating funding through the revenue funds.  The ultimate funds would be revenue from the District.  Nashua has paid over one million dollars that they were personally spending.  He told Mr. Galinson that once the District was formed, they asked all members to pay $5,000.  The District owes a sizable amount to the Attorney who is representing them.  Mrs. Peterman added that Bedford, who has the least amount of customers, has put in a lot more than other communities.  Mr. Galinson commented that he has never seen a municipal government entity as a private company.  Mr. Scanlon spoke about the issue of people not wanting to lose services.  There was also a lengthy discussion about who owns the aquifer.  Mrs. Peterman commented that the numbers were very favorable to the communities.  Mr. Scanlon spoke about the rates being paid by users of Manchester Water vs. Pennichuck Water.  Mr. Galinson gave his opinion on the matter with Mr. Scanlon remarking that if they could privatize they probably could do it cheaper – water is vital and you have to have it and believed the District could do it probably a bit cheaper than Pennichuck. 

 

Mr. Grella mentioned that looking towards the future regarding the pipes located in Amherst that were put in around 1952 – would all the records and plans for the future be part of the purchase price.  Mr. Scanlon believed it probably would.  Part of the Charter was to look at the infrastructure and he spoke briefly about the collection of credits that may be redistributed back to the shareholders and others used for specific reasons.  Mrs. Peterman suggested the Board reread the Charter.  Mr. Bowler asked for a spreadsheet of what other towns have paid.  He then thanked both Mr. Scanlon and Mrs. Peterman for their input.

 

Department Reviews

Town Clerk

 

Nancy Demers spoke about the various services and collections her office is responsible for.  In January they will add doing licenses for civil unions.  Back in December 2006, they went online with the State MAPP system that allows them to do a variety of license plates and they can do a great deal more than sending people to the State’s sub-stations.  Many transactions cost $2.50 for agent fees.  She commented that the first few months were difficult going online with the State.  She also mentioned that she did not believe she needed as many part time hours as she has had in the past because the busiest times were at the beginning and last part of the month.  She has asked that renewals issued contain self-stamped addressed envelopes.  She did not see any additional equipment that was needed in the future.  However, if State Motor Vehicles was designing new forms it may require a different printer – the new Commissioner said the State may be paying for them.  She briefly spoke about a program that they use year-round relative to the voter checklist and the Supervisors of the Checklist have helped her with this.  Mrs. Demers thanked Mr. MacGuire for his support. 

 

Mr. Galinson thought it great asking the citizens to include self-stamped addressed envelopes and having less part time help.  Mr. Grella asked about boat registrations.  Mrs. Demers indicated that the State had not put on any additional boat agents.  Mr. Bowler liked seeing her part time hours in the budget decreasing.

 

Tax Collector

 

Gail Stout told the Selectmen that her staff consists of herself and a part time deputy that was shared with the Assessing Department and continues to operate efficiently with this staff.  Baboosic Lake Community Septic System began billing quarterly maintenance for Phase II.  Her office continues to be the depository for the Town.  DRA has promoted the Town’s policy since its adoption in 2004.  Quality of service is her office’s number one priority.  Relative to senior citizens, she has used the “Amherst Quarterly” to notify residents of exemptions available and found it a very productive and good tool.  Everything is mandated by State Statute and needs to be addressed on the State level before the Town can do much more.  She recently celebrated her 20th year with the Town and it had been a pleasure to serve the Town and its residents.  Board members had no further questions.

 

Planning & Zoning

 

Director Charlie Tiedemann told the Board that his Department was busy as usual.  He had used Heather Seitz effectively who had done a number of good things in working with him after receiving a NH license.  He also had Pat Delisle helping with clerical work.  Heather put together the Stormwater Regulations, and has recently moved to Columbus, Ohio.  A new replacement, John St. Pierre,  started that day who is a civil engineer with an EIT license.  He indicated that building permits were down, but there was a lot of remodeling and additions being done.  The amount of single family condos has dropped.  He was under the impression from last year that two large elderly complexes were to go under construction, but this has not happened.  Commercial permits were the Town’s main stable and briefly talked about Meadowbrook Shopping Center.  Mr. Tiedemann indicated there was also a Planning Board rewrite of the Master Plan, they have worked on this for the past six months with a Consultant and will probably be adopted sometime in 2008.  Relative to housekeeping, they were still organizing files in the basement.  Mr. Tiedemann told the Selectmen he would like to incorporate more money into his budget for additional part time work for the Historic District Commission. 

 

Selectmen comments and questions:  Mr. Infanti remarked that in working with Charlie he knew of the time he has put in for the number of night meetings he attends that have a tenancy of dragging on.  Regarding enforcement of signs and cutting town of trees, Mr. Galinson said these are always going to happen.  He asked if he struggled with this.  Mr. Tiedemann responded that some things are constant problems especially with the Historic District.  They have assessing records, but do not have a lot of pictorial records.  Relative to signs, they have been a thorn in the Zoning Office’s side and he did not think there was a good solution for them.  Commercial people feel the more signs the better.  He has a lot of sympathy for people located in back of some Centers who have no way to publicize where they are.  He was surprised that Heritage Place was almost empty.  Some people are suffering more because of other signs around Town and he blamed the Selectmen a bit for this.  He spoke briefly about coming up with a good sandwich board design.  Mr. MacGuire added that Charlie floated the suggested with the Historic District and they didn’t come up with a favorable response on where to put it.  John Siemienowicz, W&M, asked about the credentials of the person just hired for the Department.  Mr. Tiedemann responded. 

 

Peabody Mill Environmental Center

 

Vicki Laforet thanked the Board for giving her her dream job in working with kids.  PMEC provides education for the environment and sciences.  They have recently finished their 18th successful Hartshorn Program.  They also had a successful year with their seasonal programs along with collaboration between Clark, Wilkins and the Mont Vernon Schools.  She briefly spoke about the staff and their duties.  She advised the building was nearing completion and they hoped to get their CO by the spring.  They are also looking for a certified environmental educator.  Another goal is to re-invigorate the relationship between PMEC and the Advisory Board.  PMEC has 53 different school based programs that she hopes to market the,to other public and private schools in the area.  Basically they had a great year and she said had a lot of fun. 

 

Mr. Infanti commented that it looked like things were growing and they were anticipating more programs in the future.  Mrs. Laforet advised they had received $11,000 from the Bean Foundation and the use to expand programs.  Mr. Panasiti asked for an update on the new building.  She explained it had internal walls that had been taped and muddied and there were plans to put up wainscoting with completion hopefully by April 2008.  Mr. Galinson spoke highly of the program, specifically one where his son told him about a “secret place Miss Vicki told him about”.   This was an extremely important curriculum, he said.  He also asked what kinds of uses she saw for the building.  She thought a lot would be for the schools to use it more because of “No Child Left Behind Act”.  Colleges and pre-schools have approached them.  The schools may have to change and come back to them.  There was a federal movement to have “no child left inside”.  Mr. Bowler asked how many children were in the Hartshorn Program.  Mrs. Laforet indicated there were 434 kids, 13 less than in the previous year.  They also had added a week.  Mr. Bowler asked if any type of survey had been handed out.  She explained she couldn’t find one they have done previously, but have begun working on one this year.  They still may send the form even if it was late.  Mr. Galinson commented that even with the low fees they still brought in about 20% more.  In response to Bob Petrella’s question, she commented that in the past they had spent more money than they had made from the schools.  This year was not the case because she operates very fiscally and prudently.  She liked the model they are running now in that they only bring in a teacher when they have work for them. 

 

Public Works Department

 

DPW Director Bruce Berry mentioned that on the last page of his report was an overview of his staff and their responsibilities.  He spoke briefly about several positions contained in the organizational chart.  He explained the physical space occupied by his department as well as equipment that sit outside under as much protection as possible.  The salt/sand shed passed by the voters two years ago was held up until DES approval was received.  With the road funding added to his budget this year, they will not move forward with this project.  He mentioned that the loader issue was well known, but they have recently made repairs to the backhoe and Chappell suggested it be replaced within several years.  Their equipment is in need of a washing station and because they are under EPA guidelines, they are not allowed to wash their equipment in the yards.  Relative to their radios, they are now on high band and within interoperability. 

 

Mr. Berry also advised they have an inter-department agreement and working relationship with Planning/Zoning and Recreation and it was working well.  The DPW mechanic was also doing some work on Police and Fire and other vehicles – also working well.  They were in their second 100 year flood within 14 months that has set the Department back at least 11 weeks from what was planned.  Additional funding that was appropriated was well spent.  He hoped they have seen Baboosic Lake Road, Thornton’s Ferry Road II, Deerwood Drive, Lyndeborough Road and Horace Greeley Road.  Hopefully in the spring they will be able to pick up where they have left off and continue with road repairs.  They were not able to work on the Stormwater program, but with John St. Pierre on board to look at the process with education being one of them.  The loader is back and working, however, he expected to come back with a proposal for another one, as he had done in the previous budget.  Insofar as the Baboosic Lake Community Septic System, he is looking to work on the funding requirements for Phase III. 

 

Mr. Berry told the Board he had put out 11 different bid proposals.  He has also started a DPW Personnel Policy Handbook – it was still in the raw stages and difficult to find time to work on it.  He thought it may be best to put this in the hands of someone who had better skills.  He hoped to work further with John on the road specifications after receiving Heather Seitz’s recommendations.  He briefly spoke about adding funds to the capital reserves. 

 

Mr. Infanti indicated he was looking over his future trends which was skipped over and thought it was something they need to look at and thought they needed to revisit the storage of equipment since it doesn’t do any good for it to be left outside.  In dealing with the Cemetery Department, they tried a gentleman for the summer and he has done very well, there was marked improvement and they received their money’s worth.  Mr. Panasiti asked about using FEMA money last year to build something.  Mr. Berry explained that the lean-to was built and completed before the end of the season and the loader, grader, backhoe and one truck were covered.  Mr. Galinson indicated the Board was hearing a great deal about bonding for repair of the roads.  With a bond, all money is given up front and everything can get done up front.  He asked if Mr. Berry had confidence in what he was doing.  Mr. Berry remarked that he had the opportunity to glance at Marilyn Peterman’s statement and thought it interesting that she brought up Londonderry, however, the cost of engineering was not brought up.  He briefly spoke about Lyndeborough Road where both he and David Herlihy were making decisions on site every day.  If an engineering firm was included, he would add a percentage above the cost or reduce those decisions if not needed.  When they worked on the New Boston Road Bridge, there was an engineer on site and he believed it cost them $125.00 per hour to sit and watch everyone work.  He would like some time to prove this would work.  He believed when they walked away from this, they were not going to see reflective cracking coming up and it was working well.  Mr. Galinson asked about contracts vs. the sum of money that is spread out over all buildings.  Mr. Berry explained there was one building fund and separated basically by need, with the collaboration of the Department Heads and prioritized by need. 

 

Mr. Grella commented there were two two-year projects, one was Horace Greeley Road and a big improvement at Route 101.  Mr. Berry indicated that the State did a beautiful job in working with the Town on this and everything was done in the right-of-way.  The homeowners were also great in working with the Town.  Mr. Grella also felt Baboosic Lake Road turned out great and everyone should go out and look at the improvements on Horace Greeley.  Mr. Berry spoke briefly about Pike Industries doing a road in one day for $16,000.  Mr. Bowler thanked Mr. Berry for his presentation and commented that he had the pleasure of driving on all the roads.  Lyndeborough Road was an example of an outstanding job where an outside contractor came in and did a great job.  Mr. Berry added that he was pleased with the cooperation of the Railroad along with 80% funding from the State and that 150’ of Howe Drive should be completed by the end of the week. 

 

Mr. Bowler knew they can’t wash the Town’s trucks on site, however, asked about taking Amherst’s vehicles to Merrimack at their station and what might be the plan.  Mr. Berry expected to get this done once in the spring, hopefully he would do this more often.  Mr. Bowler remarked that the vehicles were investments and should be kept clean.  Also in response to his question, Mr. Berry advised that the new truck chassis was delivered to the fabricator several months ago in Maine.  Mr. Berry told Mr. Grella that the cost for a washing area would be in the $120,000 range and this number has been submitted to the CIP.  Mr. Grella thought it worthwhile to price this out. 

 

W&M Chairman Deirdre Rogusky indicated she did not see anything in the DPW report regarding the Transfer Station.  Mr. Berry explained the plan just came back and he was working on a Planning Board schedule for this fall.  He responded to her remarks that things have not gotten done for the past three years because of his no control over snow and rain.  He reiterated about the two 100 year storms that hit the Town along with setting the Department’s work crew back by 11 weeks each time.  FEMA reimbursed them for approximately 75% of this.  FEMA inspectors repeatedly came back multiple times.  He indicated that he recently replaced a culvert and found out that the DES wanted paperwork on every culvert the Town replaced.  Mr. Panasiti remarked that this report was a State of the Department Review and asked that these questions be asked at a different time.  Ms. Rogusky responded that W&M will continue to ask these questions.  Mr. Bowler agreed with Mr. Panasiti and indicated they could discuss this further at a later date.

 

Fire Department

 

Mr. MacGuire reported that Deputy Chief Matt Conley did the Fire Department review and all he was going to do was report on the highlights and any further questions could be answered by the Deputy Chief who was present.  Mr. MacGuire explained that the Department was still looking for a replacement of Car I (Command Vehicle) that has gone before voters the past two years and failed.  Without a Fire Chief and in an interim period, this was a preliminary discussion.  There was a discussion of increasing the Administration hours from 18-20 effective January 1 and a better level to service the Department.  Approximately 3-4 years ago the Police Department changed their software to IMC, located in Massachusetts, to offer total safety.  Mr. Conley added they have now offered significant changes to their program which is now beneficial to the Fire Department.  Mr. MacGuire explained further that it was also beneficial to the Communications Center to be able to input information into a central record system. Mr. Conley indicated that between EMS and Fire it was within a $34 thousand range and there were some items that can be taken out of the budget.  Currently when calls from emergency services goes into the Dispatch Center the information is put into a police-type log call and the Department uses those records that go to the Fire house.  They can connect from the Fire Department computers to the Police Department server and there would be no need to redo-document inputting.  Mr. MacGuire advised that on the same scale EMS could do the same thing.  He commented that he was not familiar with Engine 1 refurbishment.  Mr. Conley believed former Chief DeSilva bumped it up a year and spread things out a bit.  It needs minor cosmetic details also when it was purchased new an engine break was not available for the vehicle. 

 

Mr. MacGuire reminded the Board that they had received a temporary Federal Fund program for call recruitment and the member numbers were still low compared with years ago.  Mr. Conley added that 52 was a full compliment when he joined 22 years ago.  Currently they have 38 and there were different stages that people have to go through and within the next few weeks they anticipate being between 42-44 range with people coming forward and individuals being recruited.  Scott has done a good job and his efforts are paying off.  Mr. MacGuire commented that it will continue to be a challenge to the new Chief.  Mr. Conley mentioned that 72% of Fire Departments throughout the country are call departments.  He also mentioned that he was working with emergency services on IMC and moving forward with cross training. 

 

In response to Mr. Grella’s question, Mr. Conley indicated their Department was the last one to sponsor a Level I Program locally and spoke briefly about Level I A & B.  They were doing Departmental evaluations to see where their level of training is and future needs and the individual has done a fantastic job so far.  There was a brief discussion about the replacement of Car I with a four wheel drive vehicle that would serve the Fire Chief and act as a mobile incident command post.

 

Emergency Management

 

Mr. MacGuire advised that for the last several years the Emergency Management Director has been the full time Fire Chief and he recently inherited the role.  The Deputy Director is Don Holden who has been doing a lot of work on pandemic services behind the scenes.  This is a team Department in his position as well as the Board of Selectmen when the EOC is activated.  Emergency Management has a small budget and will continue to have a small one because of Federal funds that are available.  He spoke briefly about the goal of completing the EOC Center and they were making small progress.  After taking a tour that Brian had arranged this summer, they were in better shape than originally thought.  They were waiting final approval of the Hazardous Mitigation Plan.  It was sent to FEMA who came back with several questions and NRPC prepared answers for them.  With completion of the plan, this will make the Town eligible for funds to address future hazardous plans.  John worked on the Community Emergency Operations Plan prior to his leaving.  This was also a team effort and many of the Department Heads participated.  They opened the EOC this spring and hopefully they were better prepared this year unlike the last year.  Mr. Grella commented he appreciated Gary stepping up to fill in and thanked him for this.

 

Tax Deed Waiver

 

Mr. MacGuire reported that upon strong advice of Town Counsel, they were advised not to take the property.  Mr. Infanti moved no to take a particular property located on Ponemah Road and sign a tax deed waiver, second by Mr. Grella.  Vote: Unanimous.

 

Accept Resignation from PMEC Advisory Board

 

Mr. MacGuire reported that they have been informed that one member of the PMEC Advisory Committee would like to step down from her position, but would like to stay on the Building Committee.  Anne Krantz has given years of service on the Advisory Board and he would be happy to have her remain on the Building Committee.  Mr. Infanti moved to accept the resignation of Anne Krantz from the PMEC Advisory Board with regret and as Gary said she has been a member for many years, second by Mr. Grella.  Vote: Unanimous.  Mr. Bowler thanked her as well. 

 

Minutes

 

Mr. Infanti moved to accept the minutes of September 10, 2007 as written, second by Mr. Grella.  Vote: Unanimous.

 

Other Business

 

Mr. Panasiti reported he has received a few emails about the Olson Case.  Mr. Bowler explained this was in the School’s hands and believed they were having a public session at their next meeting.  Mr. Panasiti also brought up impact fees, but thought that Brad had more to add and thought it prudent to know where they were on this and what was the process.  Mr. Galinson mentioned that the latest was that the Town did pass an impact fee ordinance in 2003.  Town Counsel is currently looking to see if there was an additional warrant article or amendments made.  The CIP has to be completed and they would then have to assess what the impact fees were and this is a lengthy process.  Hopefully the CIP is completed before December.  A consultant would then be needed to put everything together. 

 

Mr. Grella met with the HDC and they wanted to know the status of the Tree Committee.  Mr. Bowler explained the Selectmen had appointed a Tree Warden in May.  Mr. Infanti thought they appointed a Tree Warden in place of a Committee.  The Board felt that any issues regarding trees should go through Perry Day, the new Tree Warden. 

 

Mr. Infanti reported that both he and Brad attended a program put on by the Library and recommended it highly – there was approximately 200-250 in attendance.  It was an excellent program, Amy Lapointe was there serving and it was a great afternoon.  The Planning Board met last week and discussed changes to the ordinance.

 

Non-Public Session

 

Upon a roll call vote, the Board entered non-public session under RSA 91-A:3 II (b) at 9:48 p.m. The Board exited non-public session at 10:20 p.m.  While in non-public session, the Board resumed their discussion on the hiring process for the Fire Chief’s position.

 

Upon a motion made and duly seconded, the Board voted unanimously to adjourn the meeting at 10:20 p.m.

 

Respectfully submitted,

 

 

Sharon L. Frydlo

Executive Assistant