Town of Amherst

Board of Selectmen

March 24, 2008
Meeting Minutes

Chairman Bruce Bowler called the meeting to order at 7:01 p.m. Present: Selectmen Brad Galinson, Reed Panasiti, Thomas Grella and George Infanti. Also present: Town Administrator Gary MacGuire and Executive Assistant Sharon Frydlo.

Citizens’ Forum

There were no questions or concerns from members of the audience.

Organization of the Board – Chairman & Vice Chairman

Mr. Infanti nominated current Chairman Bruce Bowler as Chairman, second by Mr. Grella. Mr. Panasiti asked how many years Mr. Bowler had been the Chair and he replied two years. Mr. Panasiti said he had no problem with his being Chairman and Mr. Infanti as Vice Chairman, but suggested they may want to consider flipping the positions. Mr. Infanti indicated that because of the numerous responsibilities of the Chair, he would rather take this position next year if it was acceptable to the Board, as his “plate was quite full for the next 12 months”. He thanked the Board for this consideration. Vote: Unanimous.

Mr. Grella nominated George Infanti as Vice Chairman, second by Mr. Galinson. Vote: Unanimous.

Appointment of Health Officer

Mr. MacGuire advised that the appointment of the Health Officer was done by the Department of Health & Human Services, who would accept the Board’s recommendation, then make the official appointment. Dr. James Starke was the current Health Officer and held this office for a three-year term and had done this for much longer than he himself had been in Town. In addition, they have a Town employee, Director of EMS Brian Gleason, who is willing to serve in this position and he will put this out for the Board’s discussion. The appointment will be from April 1, 2008 to March 31, 2011.

Board members spoke of the Doctor’s long time commitment, his qualifications and a job well done. They also spoke about change and new blood, Director Gleason’s daily in-town service, as well as both gentlemen being qualified. Mr. Panasiti had a concern regarding a past meeting where Dr. Starke walked out of it and he was unsure if it was because of his frustration with environmental issues at Baboosic Lake, but felt it may be a good idea to look at the EMS Director and give him a chance to see how he does. He remarked that Dr. Starke had done a magnificent job and it was time to look to the future, as this was a three-year term.

Dr. Starke explained that his departure from the meeting was over, the vote was done and “the only thing I didn’t say was meeting adjourned”. He read a prepared statement commenting upon learning that his term would not be reappointed in April. His remarks centered on septic systems around Baboosic Lake as well as more septic management and that the Board of Health relies on the State requirements. He spoke specifically about Mr. Bowler, who lives on the lake, not recusing himself from discussions concerning it. He commented on a meeting on March 19, 2007. He had served many Selectmen and there was no time when they did not have mutual respect for one another.

Mr. Infanti addressed Dr. Starke’s comments on the particular meeting he referred to. He remembered no executive session that the Board had in March 2007, after that last meeting, to discuss someone who they thought may have an interest in taking over the position of Health Officer and they did not discuss the Doctor not finishing his tenure a year ago. A brief exchange ensued between Dr. Starke and Mr. Bowler regarding their recent meeting in which Mr. Bowler told Dr. Starke that in a recent non-public session the Board had discussed an employee for the position, that the Board was upset that he had left the meeting in March 2007 and this was the only comment he would make. Mr. Grella also remarked that the Doctor had left the meeting a year ago and if he was upset by the vote, he should have explained his position, rather than just walking out.

Mr. Infanti mentioned that Dr. Starke had done a good job over the years, however, the Selectmen felt they may need new blood and perhaps within two months they may feel they made a mistake, but hopefully Brian will do as well as he had. Dr. Starke’s objection was the way it was done by the Chairman and he had no objection in trying someone new. Mr. Infanti explained further that two weeks ago the Board had a discussion about an employee who was interested in this position and the Selectmen would not have waited a year to make a change. Mr. Infanti moved to appoint Brian Gleason as the new Health Officer for a three year term, second by Mr. Panasiti. Vote: Unanimous.

Board members thanked Dr. Starke for his service.

Board & Commission Interviews

Helen Rowe – Historic District Commission

Mrs. Rowe spoke about the HDC’s strides in the past years and now they were informing townspeople in order to make the Commission a more user friendly Board. Dick Kimball devised a brochure, paid for it and has been distributed to residents in the community. They continue to clarify their design guidelines with the help of Charlie Tiedemann. As Liaison to the HDC, Mr. Grella spoke of Mrs. Rowe’s historic orientation during meetings and her well conducted meetings. Mrs. Rowe then spoke of Mr. Grella being one of the best Selectmen’s representatives they had. Mr. Galinson commented upon her being terrific and fair as a Chairperson and asked about enforcement. Mrs. Rowe explained that the Zoning Office was the enforcer that made people repair and change things.

There was a general discussion regarding “after the fact fees”, pros and cons and mixed feelings about the Commission. Mrs. Rowe indicated that the Commission follows the Town’s code and also implemented codes taken from the State’s preservation standards. Rolf Biggers frequently recuses himself and the Commission has to look at any application if there is any type of financial gain for the member.

Tree Warden

While HDC Chairman Rowe was present, Mr. Bowler asked about the Tree Warden discussion the Commission has been having. Mr. Grella explained the process of the District’s residents that have to come before the Commission to request any tree removal and they have to make a judgment whether or not the tree should be removed or stay. The HDC, during the past two years, have required the homeowner to replace the removed tree with something similar that had been there. The problem was that none of the members were experts and there were two ways to deal with this issue: (1) The owner could be required to come forward with an arborist or (2) They could use the Town Tree Warden.

Mrs. Rowe explained how helpful to them Perry Day has been particularly with the trees in the Village and on the Commons. HDC member Juli Harvey has taken it upon herself to help people set up a fund to either put up trees or replace them. As they were not experts, it would be nice to use Perry as an unbiased person. She remarked that the Town does septic and electrical inspections and the Commission did not feel this would be any different. They did not want to spend a lot of time on trees because that was not what they were there to do.

Mr. Bowler’s position was that he did not want to see the Town get in the middle between the Town’s opinion and an opinion a homeowner might receive. Mrs. Rowe commented that if they were going to do that, she thought they would have to have “clear cut” procedures. Mr. Galinson feeling was that the HDC was making a rule, the more information they have, the better the ruling is. A homeowner could supply their own tree expert as well and it would limit the Town’s liability. He asked about cost issues. Mr. Grella explained that any decision on trees would be made during regular working hours. Mr. Panasiti asked what recourse the Town had if a tree was cut down without going through the process. Mrs. Rowe indicated the Commission had none, but generally they would go through the Zoning Department who would then ask the owners to replace the tree. She spoke briefly about past practices of removing trees because of various damage threats to property. She also spoke about the prevention of taking down healthy trees.

Mr. Infanti understood Mr. Bowler’s concern because they had discussed it, however, it was his assumption that this scenario happened rarely - only once or twice a year. He commented on arborists putting themselves on the line and thought they should give it a try to see how it worked. Mr. Grella reported that there were other members of the HDC at the meeting and wondered if they wanted to add anything further to the discussion. Mrs. Harvey indicated that with having Perry doing the evaluation produced a nice level of consistency and “one voice for all the trees in town”.

Mr. Infanti moved that they appoint Perry Day as an Advisory to the Historic District Commission when they needed him for his professional opinion for a tree to be removed, second by Mr. Grella. Vote: 4-1, Mr. Bowler opposed.

Continued Board & Commission Interviews

Shannon Galinson – Historic District Commission

Mr. Galinson stepped down. Mrs. Galinson told the Board she would like to come back to the Commission as an alternate, had enjoyed the experience and learning process during her term. She wanted to continue having the opportunity to educating the homeowners for the HDC in the Village. She would like to see some improvements to the process and saw an opportunity to link with Planning and hold people to certain State standards as there are those who do and those who don’t.

Mr. Grella commented that Mrs. Galinson lives in the District and has had to plead her case to make improvements – she has experienced first hand what an applicant has to go through. She was a tremendous asset for those people who also live in the District. She has done a good job and he felt she should continue in this capacity. Mr. Infanti concurred. Chairman Bowler explained that the Board would not vote that evening, but would wait until everyone had been interviewed. Note: Mr. Galinson returned to the Board.

Juli Harvey – Historic District Commission

Ms. Harvey told the Board she has enjoyed her time on the Commission as an alternate. She has learned a great deal and was working on a project with Perry Day. Perry had decided that there were six trees that needed to be replaced – the Garden Club would be donating two trees and the School one tree. She has also been taking most of the minutes in the absence of a Recording Secretary. Mr. Grella remarked that between Juli and Sally Wilkins taking the minutes, they had done a great job and that Juli has sought donations for replacement trees. Comments made by Board members indicated they had no reason for her not to continue in this position. Mr. Infanti asked what were they looking at for the price of a new tree. Ms. Harvey advised it was $200.00 per tree and the Commission will explore other options for the last three trees to be replaced.

Gary Cole – Conservation Commission

Mr. Cole commented on his last interview and past experience for the above position. His newest commitment was involvement in the Master Plan and the Conservation Commission’s Natural Resource Inventory. This was both a challenge and a reward to his involvement in the Town and he would like to continue in this capacity. Board members spoke of his being well received by the Commission and his remarkable job given the projects appointed to him. They appreciated his efforts and his willingness to serve after reading the minutes of the Conservation Commission. Mr. Infanti asked if he would be interested in serving in a full time position if the opportunity came up. Mr. Cole remarked that he was willing to serve in whatever position that may be open if he could do something further for the Town.

Will Ludt – Heritage Commission

Mr. Ludt indicated he had thoughts, after becoming ill about continuing, however, he was back 100% and indicated this was an exciting time for protecting and serving what they have within the Town. Upcoming was the 250^th Anniversary Celebration within the next two years – they were beginning to prepare and meet quarterly. He commented on the grant funding for the outside area in front of Town Hall. Lisa Sasser has headed up the Resource Inventory plan and the Commission has also received funds for the Brick School front porch renovations [ from the Bean Foundation ] that will begin within the next month or so. He commented on the support from the Commission members and remarked that there were many things to be done.

The Board indicated they were glad to see his return and that he has people enthused because of his leadership and one of the reasons the Commission had so many volunteers. They also felt it important that he was on this Commission since its inception.

Transfer Station Update

Chairman Bowler reported that DPW Director Bruce Berry was there to give the Board an update on the Transfer Station upgrades and to clarify some misinformation that had been given out to the public. People have heard that there was no money left in the budget and that the warrant article had been spent on other things and that was not the fact. Mr. Berry remarked that there was some concern that came up at their Solid Waste meeting the previous week and there were some projects that had to run their course. He briefly spoke of the Town’s plan and his DPW’s report in the annual Town Report. Currently in place was (1) The driveway permit for the new exit from NH State DOT; (2) The filing of the Notice of Intent with EPA, and (3) A review by the Department of Environmental Services. As of last fall, 72 of the 300 plus blocks were stockpiled at the Transfer Station and would soon be picked up.

On a plan designed by CLD, Mr. Berry pointed out the next steps that will be taken in the upgrades. He told the Board that SRLD has purchased one of three reconditioned packers and deposits were placed on the other two. The only inconvenience to the residents will be in the demolition area as the box will go back to where it was in the past. To date they have spent $10,627.14 that was earmarked for the project and spent on engineering and blocks. This project will be worked on this spring, he expected good things and only asked for people’s patience. He remarked that Dick Arnold has been terrific and was working with them due to some stipulations on the land. In answer to Mr. Galinson’s question, Mr. Berry expected to see the trash packers go in before the end of the fiscal year. Some things will be ongoing during the summer. He expects to use Dennis Slocumb, CLD, John St. Pierre, the Town Administrator and his staff. Mr. Bowler thanked Mr. Berry and told the Board he thought it best that the Director give them, as well as the public an update on the project.

Adoption – Revision 3 of Joint Loss Management Program

Mr. MacGuire reminded the Board that back in October they approved Revision 2. At that time, he advised them this was a product of the Joint Loss Management Committee and Sharon, as a member of this Committee, had taken this on. Revision 3 incorporates the area of the Department of Labor Safety Procedures being taken by their Departments. He was not saying this is the end, because they might receive new revisions by the Department of Labor. Mr. Bowler mentioned that he had looked over the information the other day and they definitely owed Sharon their thanks for the work she had done. Mr. Infanti moved to approve Revision 3 of the Joint Loss Management Program and adopt it, second by Mr. Grella. Vote: Unanimous.

Dodge Road Land Acquisition

Mr. MacGuire advised he had a preliminary conversation with the Seller on this. The warrant article had been passed by the voters and they have to do some work prior to the closing. The Seller wanted to make sure that nothing had come up and the Selectmen were behind it so that he can go ahead and start the process. Mr. MacGuire indicated it would be nice to report back to him the Board’s consensus and that no questions had come up in the meantime. If this is the case, he will move forward with the subdivision process. The Board had no further questions or concerns.

Approve Town Emergency Operations Plan

Mr. MacGuire advised this was a project started by John DeSilva and now the responsibility of Rick Todd in his new role as Fire Chief. This was a draft document and it needed to be approved on the State level and was similar what they had to do with the Joint Loss manual. Mr. Infanti moved to approve the Town Emergency Operations Plan, second by Mr. Grella. Discussion: Mr. Panasiti remarked that he had also read it and very important how they communicate emergencies and was a thorough document. Vote: Unanimous.

Approve Recommendations & Sign

Elderly Tax Deferral

Mr. Infanti moved to grant the deferral on 21 Hillside Avenue, M/L 25-54, second by Mr. Grella. Vote: Unanimous.

Veterans’ Tax Credits

Mr. Infanti moved to approve a $500 tax credit for M/L 3-79-0-12, second by Mr. Grella. Vote: Unanimous.

Mr. Infanti moved to approve a $500 tax credit for M/L 2-2-15, second by Mr. Grella. Vote: Unanimous.

Mr. Infanti moved to approve a Veterans’ Tax Credit of $500 for M/L 4-708-2, second by Mr. Grella. Vote: Unanimous.

Mr. Infanti moved to approve a Veterans’ Tax Credit of $500 for M/L 8-87, second by Mr. Grella. Vote: Unanimous.

BTLA Settlement

After reading the recommendation, Mr. Infanti moved to accept a tax settlement for 2006 of $248.56 for M/L 5-133-1, second by Mr. Grella. Vote: Unanimous.

After reading the recommendation, Mr. Infanti moved to accept a tax settlement for 2007 of $257.00 for M/L 5-133-1, second by Mr. Grella. Vote: Unanimous.

Abatements

After Mr. Infanti read the recommendation and the Board heard the explanation from Mr. MacGuire that this was only a paper trail to clear up a misunderstanding on current use for two lots M/L 7-40 and 7-56, Mr. Infanti moved to grant the abatements, second by Mr. Grella. Vote: Unanimous.

Denied Abatement

Mr. Infanti moved, based on their Assessor’s report, that the abatement be denied on M/L 7-80-4, second by Mr. Grella. Vote: Unanimous.

Yield Tax

Mr. Infanti moved to accept the Yield Tax on M/L 5-167 in the amount of $127.28 for a timber cut, second by Mr. Grella. Vote: Unanimous.

New Business

Mr. Galinson remarked that PMEC was a small department with structure deficiencies and he would like to come up with a final plan to vote on at their next meeting. He felt there was a better way to structure the Department, mostly likely within Recreation, and report to Nancy McMillan. PMEC has a unique environmental job and has its own Board. Reed, Gary and he wanted to continue with the plan to put it under Recreation and have it still keep its own environmental focus. This is a significant step and he wanted to hear from the other Selectmen before going forward.

Mr. Panasiti indicated this was not as uncommon as they may think and the Recreation Director has been involved with something like this in the past. They had discussed this in Recreation several times and now need to formalize it, meet with the Recreation Department Head and put it on paper. Mr. MacGuire thought this a good synopsis and they should go forward with the discussion everyone had agreed on. Mr. Infanti had nothing further to add. Mr. Grella thought it a good idea and was looking forward to a recommendation. Mr. Bowler was also fine with it since the Department was taking up a good portion of Gary’s time and they could have the discussion on April 14^th.

Mr. Infanti spoke about the importance of the Selectmen’s commitment to the various Boards and Commissions and meeting attendance. He was unsure whether or not he was going to be able to make the time commitment he had made for the past two years on the Planning Board with two meetings a month along with Master Plan meetings. He found being a representative very interesting and enlightening, however, he asked the other Board members to consider this position when picking their assignments.

Organization of the Board

Mr. Infanti chose: Personnel, Police, Planning Board (for the moment), and Cemetery Trustees. Mr. Galinson chose: CIP, PMEC Advisory Board, Library, CIC Committee and OSAC. Mr. Bowler chose: Fire, Landfill/Septic, Town Buildings, and SRLD. Mr. Panasiti chose: EMS, Communications, Conservation (for the moment), Stormwater II, and Recreation. Mr. Grella chose: Historic District, Heritage Commission, Highway, Highway Safety, Road Commission, Amherst & Souhegan School Districts.

Other Business

Mr. Infanti indicated he would take the Planning Board for now with the hope that someone else would take it over and stressed he would not consider it for the long term. The last meeting was posted for 7:00 p.m. and he was here and no one else was. The next Master Plan is posted for 7:00 p.m. at the Fire Station.

Mr. Galinson reported that he learned at the Library Trustees Meeting that they track foot traffic and it grows 1 to 4 percent every month. This was noteworthy and “hats off to them”.

Mr. Bowler reported that the Solid Waster Committee received a donation from Wal-Mart for a recyclamobile that the Board accepted two weeks ago under unanticipated revenue.

Future Selectmen’s Meetings

Mr. Bowler reported the Board will meet April 14 & 21, Monday, May 12 & Tuesday, May 27, June 9 & 23 with a possible meeting on June 30 to accept unanticipated revenue, July 14 & 28, August 11 & 25, September 8 & 22, October 13 & 27. After September they will be back with their weekly meetings.

Mr. Bowler suggested that they may want to consider touring all the Town buildings on Monday night May 5^th beginning at 5:00 p.m. The tour would include the Pavilion, PMEC, DPW, Fire, Police, Library, Town Hall and the Recreation Department. Mr. Panasiti suggested picking two or three rather than all at once. Mr. Infanti remarked that someone had come into his store wanting to do a Girl Scout project by painting the bathrooms at the Pavilion because of the condition they were in. He said he would also like to visit PMEC and the Recreation Office. Mr. Bowler felt the Department Heads should also be there at the time of their visit. Mr. Infanti thought they should continue this discussion at their next meeting.

Mr. Grella announced he had made arrangements for the Hockey Team to be at their April 14^th meeting.

Minutes

Mr. Grella moved to accept the minutes of March 10, 2008, second by Mr. Galinson. Vote: Unanimous.

Mr. Bowler congratulated Mr. Grella on his re-election. He also thanked the voters who turned out on March 11 and voted. He thought both the Town and Schools did well. While the DPW Replacement Vehicle passed, the added funds to purchase it through the Highway Vehicle Capital Reserves failed.

Mr. Infanti moved to adjourn the meeting at 8:54 p.m., second by Mr. Grella. Vote: Unanimous.

Reconvened

Mr. Infanti moved to go back into the meeting at 8:59 p.m., second by Mr. Grella. Vote: Unanimous.

Mr. Bowler had forgotten his promise to Will Ludt to address Jeanne Ludt’s email request for the Selectmen to apply to the Junior Women’s Club for a sign that would be utilized on the Common. There are signs that were illegal and he did not think the Board should be applying for illegal ones. He thought they should work with the HDC to get some type of permanent sign that is controlled and put out on the triangle near the Police Station. He asked the consensus of the Board.

Mr. Infanti didn’t think they should do this because it was against the sign ordinance and should not do anything until they get the sign ordinance resolved. Mr. Bowler suggested they get some type of sign ordinance committee formed to review what the ordinance is now and call Paul Tripp and Bill McNamara because they had an interest in this before. Mr. MacGuire thought they should broaden the committee to include people from 101A. Mr. Galinson did not feel the Town should solicit money. He suggested that the Heritage Commission should put together a proposal and he would support them in this endeavor, but not the Selectmen. Mr. MacGuire commented that perhaps the Juniors, the Lions and other clubs could contribute funds for a permanent sign, however, the biggest issue would be the control of it. Mr. Bowler asked Mr. Grella to bring this up at the next Heritage Commission meeting.

Mr. Infanti reminded the Selectmen that the Nashua Coalition had met with them at their last meeting regarding their services and felt they should be supported. Mr. Bowler suggested the Agreement be put in their “read file” for further review, comments or changes.

Mr. Infanti moved to adjourn the meeting at 9:10 p.m., second by Mr. Panasiti. Vote: Unanimous.

Respectfully submitted,

Sharon L. Frydlo