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Town of AmherstBoard of SelectmenFebruary 4, 2008
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Chairman Bruce Bowler called the meeting to order at 7:08 p.m. Selectmen present: Thomas Grella, George Infanti, Reed Panasiti and Brad Galinson. Also present: Town Administrator Gary MacGuire and Executive Assistant Sharon Frydlo.
Mr. Bowler asked that they hold a moment of silence in memory of former Selectman Henry Manoogian who had recently passed away.
Mr. Grella announced that the Selectmen were honoring the Souhegan High School Field Hockey Team as State Champions during this past fall. He called upon Coach Laurie Holder to say a few words and make introductions. Coach Holder introduced her Co-Coach and thanked the Selectmen and her wonderful team. They had an 18-0 season and set goals one day at a time. She spoke briefly about the various wins and the win that won them the Class I Championship against Plymouth. Mr. Grella read the certificate from the Board and presented it to Coach Holder. She then called each team member to the front of the room amidst applause, hugs and congratulations.
There were no comments or questions from the audience.
Mr. MacGuire invited DPW Director Bruce Berry to join them. Mr. MacGuire commented that as they move forward towards Phase III and were looking to start construction of this, it was realized that they needed to “dress up” the existing Ordinance and many things became a work in progress as they were going through this process. Mr. MacGuire presented two documents – the existing Town Ordinance #BL 01-2004 Baboosic Lake Community Septic System Rules and Regulations and the proposed Town Ordinance #BL03-2004 pertaining to the same Ordinance.
The proposed changes were as follows: Number 4 – Add “Prior to hook up” before ”Every property owner connecting to the Community Septic System ….” ; Number 4 (c.) Add: “ Make access available to contracted agents or representatives of the Town of Amherst at least once every 24 months for the purposes of group tank pumping to replace the entire original (c.) in the Adopted BOS 8/23/04 document. Number 4 (d.) Make total changes to that paragraph that will now read: “Each dwelling shall be connected to a control panel monitoring pump and tank activity and providing both electrical and telephone service for the STEP system. Service fees from utility companies will be billed and paid monthly by the Town of Amherst and billed to each user as part of their quarterly bond reimbursement. Seasonal owners shall provide written notification to the “Amherst Department of Public Works” if they shut down the STEP system for the winter months. Number 4 (e.) to change the existing to the following proposal to: The Town of Amherst (as part of the overall project) is responsible for the installation of any required power panels or sub-panels [for the deleted] and is responsible for the connection from the house plumbing to the new septic tank, including the relocation of the existing plumbing lines as required. The property owner in turn will reimburse by the Town of Amherst either in the form of single payment or a “Betterment Assessment” with interest, over a three year period. Number 4 (f.) Add “or their representatives that” after “… evidence to the Amherst Board of Selectmen…”’ Number 4 (g.) Add before billed “quarterly”; add after share of the cost of “… the bond, bond interest, …”.
Specific explanations to changes in Number 4 (d.) was a clean up in order for the Town to handle it this way with the end results being the same. Number 4 (e.) was the same idea, but it made more sense for the Town to do this and then recoup those payments from the owner. Number 4 (g.) this was what the Town has been doing, but the original language did not take everything into consideration.
Mr. MacGuire advised that Mr. Berry has taken on this responsibility since Carl Weber left and they were now connected to Phase II and going forward with Phase III. After further discussion on the subject by Board members, a brief discussion ensued relative to hook up relating to low flow appliances and without the homeowner’s intent and permission - they would not be hooked up. Mr. Infanti moved to accept the revised Town Ordinance BL03-2004 as written, seconded by Mr. Grella. Vote: Unanimous.
Approve Betterment Assessment
Mr. MacGuire advised that as mentioned in the new ordinance, this actually becomes a resolution of the Board to establish a Betterment Assessment as part of the RSA for such costs as electricity to the pump, connections and telephone. In Phase II, one particular home cost approximately $3500 and there is no way they can predict what the cost for the installations will be. They were looking for a mechanism to allow people extra time to pay this off. It gives the Board the authority to offer homeowners annual installments at a rate of 3% interest for the construction costs of $12,690.23. Some people may be paying this up front and some in installments. They wanted the ability to at least allow this cost to be spread out over a period of time and for reasonable interest rates. This document just came from Town Counsel that afternoon and it authorizes the Selectmen to execute a Betterment Assessment with any or all nine homeowners, if they so choose and also offer a payment schedule.
Mr. Galinson suggested changing the word “below” in two places to “above” in paragraph 2. Mr. MacGuire indicated they know the individual amounts and didn’t print out a copy of the agreement that the homeowners would sign.
Mr. Infanti moved to accept the Establishment of Betterment Assessments Relative to the Baboosic Lake Community Sub Surface Sewage Disposal System on February 4, 2008, second by Mr. Grella. Vote: Unanimous.
Preliminary Discussion of Town Hall Road Project
Mr. MacGuire remarked that they have been doing some work with DOT on the safety project in front of Town Hall. There was an agreement for the Selectmen to sign, but put it in the hands of Bruce Berry so that he could understand it all. He had asked Bruce to give them a brief synopsis on how this plan gets played out and hopefully they will sign the agreement that night. Mr. Berry spoke about representation from the Heritage Commission and NRPC on the project, however, it requires it to be municipally managed. There were State guidelines they have to follow, such as having to do some competitive work in the selection of an engineering firm to oversee the project. He saw the DPW’s role to be supportive and the engineering firm will put out the bid documents. The extent of their work would be Administrative and similar to the bridge aid they received in the past and the Caldwell Drive Railroad project.
In answer to Mr. Galinson’s question, Mr. Berry advised that anything done so far is not reimbursable costs. If they don’t follow the process, there will not be any reimbursement. Mr. Galinson mentioned that the Heritage Commission is forming a sub-committee to become more helpful in choosing an engineering firm and asked if he had been in contact with them. Mr. Berry replied he had not be in touch with them and the State has some very specific guidelines on this process. Mr. MacGuire told Mr. Galinson that any ideas and suggestions can be funneled through Bruce on behalf of the Board.
Mr. Panasiti said his concern was the cost and would it exceed the total proposed. Mr. Galinson indicated it was $267,000. Mr. MacGuire added that they wouldn’t accept a bid any higher than that number. Mr. Grella, as the representative to both the Heritage Commission and Historic District Commission said they had talked about this and once the Committee is formed, they will depend on Bruce’s expertise to handle the project. Mr. Infanti thought it should be made very clear what everyone’s role was going to be and that there will be an engineer and a private contractor that will do the job. The reality was there will not be a lot of input from others and assumed they will have a point man for the project. Mr. Bowler indicated it would be Bruce Berry. Mr. Berry spoke briefly about the RSA that the contract refers to regarding engineering firms. Mr. Infanti reiterated that they need to be clear that if anyone has a concern or question that they don’t go to the contractor or engineer, but they need to talk to Bruce and meet the chain of command before they started.
Mr. Bowler asked how they were doing with the private fundraising. Mr. Galinson said they received nothing so far, but there was a chance they will have a large portion from one donor. Mr. Berry indicated the State wanted to make sure the funds were available and was looking for a timeline. Mr. Infanti moved to approve and sign the Transportation Enhancement Program Agreement for the Town Hall road project, second by Mr. Grella. Vote: Unanimous.
Vote on Land Purchase
Mr. MacGuire reported he had three amortization schedules for 5-10-15 years at an interest rate of 4 ½% and was a good guess at this time. He spoke briefly of the funding amounts and mentioned that these were not quotes but rather ball park possibilities. The other issue, as they go through this process, is the method of budgeting this. This was passed several years ago and he had been trying to get clarification on how to go about budgeting for this and how it falls within the budget process that did not provide for the first year payment. The Finance Director spoke to the Auditors and they have two options in the timing, since they are past the budget for a payment of February 9, 2009. One option is a special Town Meeting, another would be to utilize unanticipated revenue such as the $150,000 which is the Lowe’s Planning Board settlement. This would be an option to consider and would be the first year principal and interest payment and would meet all of the requirements of the Auditors. He suggested that once there is a potential acquisition, that there be a five month period in which to budget for it or do acquisitions after July 1st of each year.
Mr. MacGuire added that everybody is aware of the funds that were provided by the Lowe’s development and what their intent was. Mr. Infanti knew $300,000 was quite a lot of money and in looking at the interest payments based on the 5-15 year schedule, he personally was not excited about paying another $70,000 in interest on a $300,000 bond. Regarding the Lowe’s money, he thought it made sense, but his memory failed him a bit on this. Mr. MacGuire advised research had been done that day and a letter written indicated that the money was for the Town of Amherst and the money from the development across the street was for the Conservation Commission. Mr. Infanti felt this purchase would fall within the realm for what it was to be used for. They have Conservation and OSAC excited about the purchase and he would be comfortable with spending $60,000 or so for this purchase. Mr. Bowler felt there were only the two options – utilizing a portion of the Lowe’s money or wait until after July 1st to fall under next year’s budget. Mr. Infanti remarked that he knew time was of the essence for the purchase and there may not be two options. He had no problem using Lowe’s money because it was money allocated for open space and this is exactly what it is. Conservation was telling them this was a perfect link for what the Town owns.
Mr. Grella felt the same way and it was an excellent way to purchase it for whatever fee Lowe’s had given the Town. Mr. Galinson indicated he was not speaking specifically about this purchase, but if they close between August 1st and December 1st, they would be okay. The problem is if they close between January 1st and June 30th. In response to Mr. Galinson’s question, Mr. MacGuire explained they would have to have an actual special Town Meeting and it may be difficult at this time. The only other way would be to budget, every year for $5.5 million dollars which was not an option. Mr. Galinson had no problem with Lowes, but wanted input from Conservation because they thought they had the money and this had not been discussed with them.
Mr. MacGuire reminded them they were on the clock for the actual vote of the purchase. Proceeding with the purchase and funding could be an issue. Mr. Panasiti’s concern was that they were not using the OSAC money and how could they do this. It was his understanding that this purchase was part of the $5.5 million dollars and now they were looking to fund the first portion using a different method. He had no problem with the Lowe’s money, but did have a problem because it wasn’t the original intent. Mr. Bowler was under the impression they were carrying this line, they haven’t and they can’t. If this was a month and a half ago, they could have budgeted for it. Mr. Infanti suggested they talk to the Conservation Commission for their input and hold a special Selectmen’s meeting for it. The Board set the meeting for 6:00 p.m. on Wednesday, February 6 at the High School prior to the Deliberative Session.
Mr. Infanti moved to table the vote until further discussion Wednesday night, February 6 at Souhegan High School, second by Mr. Grella. Vote: Unanimous.
Other Business
Mr. Infanti reported a gentleman approached him about damage from a plow and he will discuss the matter with Bruce Berry.
Mr. Panasiti had a discussion with some town people who were complaining about mailboxes and while he did not think the Town was responsible for fixing them, he told the individuals he would bring it up. Mr. Infanti ran into this on his street where some were in the setback on the street. Mr. Bowler added that the amount of snow and the weight of it was difficult this year to not do any damage. Mr. Panasiti explained this he said, but this shouldn’t be an excuse. He did not think there was an answer other than to see if there was a pattern and he was not sure how to go about doing this. Mr. Bowler remarked that the drivers were not out there trying to hit them. Mr. Infanti added this is something that happens every year and something they can mention. Mr. Panasiti indicated the people weren’t looking for anything, but he wondered if there was a policy. Mrs. Frydlo advised there was one on the website.
Mr. Panasiti stepped down. Mr. Bowler reported he had talked to Rep. Peter Bergin about the NH Retirement System and he had stopped in that evening with a report of 157 pages. He had printed out what he thought was important to them. One report, depending on how it is passed, could see a drastic increase in the upper teens to potential one third salary of 33% on the Group II side. The Group I initial hearing begins this week. The figure they had been quoted of $676.23 from the Local Government Center was a good deal for them to join forces with the Center and to look further at this situation. Mr. Infanti agreed that this was something they should get involved in and for a small amount of money could save the Town a great deal. This was caused by the employees involved in the program and the Board needs to be kept on top of it to know what was going on. Mr. Bowler reminded them they had joined forces with the Town of Londonderry several years ago against an issue and had gotten involved. Mr. Grella said they spoke about this last week and the larger the group, the more will be heard. Mr. Galinson remarked that the numbers in the report were higher than he thought about and this would be quite an impact on the taxpayer. Mr. Infanti moved to allocate money to join this litigation against retirement costs in the amount of $676.23, second by Mr. Grella. Vote: 4-0. Mr. Panasiti returned to the Board.
Minutes
Mr. Infanti moved to accept the minutes of January 28, 2008, second by Mr. Grella amended as follows: Line 33 – Strike “them” replace with “him”; Line 35 – Strike “wife” replace with “daughter”; Line 214 – Insert “want to” before “…let an”. Vote: Unanimous.
Assignments for the Deliberative Session
The Board divided up the warrant articles for discussion at the Deliberative Session Wednesday night. Mr. Bowler advised there will be Power Point information in their packet as well as on the screen. If they have questions and don’t know the answers look to either Gary or the Department Heads. He also advised that the Town Report is pretty much done. The first pass for the voters’ guide is done and the Department Heads did a great job on it.
Mr. Infanti moved to adjourn the meeting at 8:20 p.m. second by Mr. Grella. Vote: Unanimous.
Respectfully submitted,
Sharon L. Frydlo
Executive Assistant