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Town of AmherstBoard of SelectmenDecember 17, 2007
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Chairman Bruce Bowler called the meeting to order at 5:34 p.m. Selectmen present: Thomas Grella, Reed Panasiti, Brad Galinson and George Infanti. Also present: Town Administrator Gary MacGuire and Executive Assistant Sharon Frydlo.
Citizens’ Forum
Marilyn Peterman, 130 Amherst Street, asked where the money was coming from to reconfigure the area in front of Town Hall. Mr. Bowler explained it was coming from the unanticipated auto registration revenue. They had spoken to the individuals involved and they were very happy to authorize it for this project.
Abatements
Joe Lessard, MRI, met with the Board. He explained the reasoning for the recommended abatement on the detached condo at 5 Fox Run Road M/L 3-67-1-10. Mr. Infanti moved that M/L 3-67-1-10 be granted an abatement in tax dollars of $1,335.04, second by Mr. Grella. Discussion: In answer to Mr. Panasiti’s question, Mr. Lessard told him that abatements can be filed from March 1, 2007 through to March 1, 2008. Vote: Unanimous.
Mr. Lessard explained the reasoning for the recommended abatement on a now confirmed unbuildable lot at 3 Georgetown Drive. After a brief discussion Mr. Infanti moved that M/L 8-77-83 receive an abatement of $2,264.36 making it an unbuildable lot, second by Mr. Grella. Vote: Unanimous.
Mr. Lessard explained the reasoning for the recommended abatement after the homeowners questioned the assessment compared to the recent purchase price. [Mr. Bowler briefly left the meeting during the explanation and Mr. Infanti chaired until Mr. Bowler returned.] Mr. Grella moved that M/L 8-45-1 be granted an abatement of $774.91, second by Mr. Galinson. Vote: 4-0-1, Mr. Bowler abstained.
Warrant Article Discussion with MRI
Mr. Lessard had been asked to meet with the Selectmen to further explain the memo they received from Scott Marsh relative to the recommendation to hire a consultant to update the assessments of all public utilities for the Town. He told the Board that he has not seen any appraisal where the value was less than the DRA’s numbers because of their different approaches to value. The unit method is used by the DRA which he briefly described. Mr. Sansoucy uses the value method of appraising. In the four towns where he has provided assessing numbers, the total was approximately three times that of DRA. The increased amount to the electric companies in the four towns ranged from $46,000 to $150,000 more than if they used the DRA’s method.
Mr. Infanti asked if there would be any legal ramifications. Mr. Lessard advised that in some cases the utility companies appealed the assessments and he was unaware of any successful appeals, but they may have been granted a partial abatement. Mr. Infanti commented this was a net tax gain and chances were that their $32,000 investment could be recouped in a year. Mr. Lessard remarked that he would “be shocked” if this didn’t happen. He told Mr. Galinson that DRA is required to appraise utilities and make the numbers available, but the community isn’t required to use those numbers. Generally the community will ask the consultant to review the changes, gather the data (i.e. poles and equipment) the first time. From then on if there were any changes, it would be a smaller number. This is not passed through to the taxpayers and is just a utility company’s expense. Relative to the utility company’s assets, Mr. MacGuire asked if there were other items that are appraised other than the poles. Mr. Lessard indicated it was based on what is physically here in Amherst. Mr. Bowler thought this a “win win situation” for the initial investment.
Mr. Lessard explained to Bob Petrella, that when the Town did the revaluation in 2006, they used the DRA number. Mr. Petrella asked if there was an appeal, would the consultant represent the Town and was it covered in the $32,000 figure. Mr. Lessard did not know that answer because he hadn’t seen a contract. Mr. Bowler thanked him for his time and bringing this information to their attention.
Proposed Warrant Articles Discussion
Davis Lane Tennis Courts
Recreation Director Nancy McMillan met with the Board. She told the members that the Davis Lane Tennis Courts were in dire need of repair. Approximately 4-5 years ago they were resurfaced and unfortunately the surface did not hold. The courts are also uneven and need to be taken up and replaced. This was in the CIP plan to be done in 2007-08. She indicated that Rick Katzenberg asked to speak to the Selectmen about some resident’s concern.
Mr. Katzenberg read from a prepared letter he and Jim Emmond had written citing reasons for their support of repairing the tennis courts. Also supporting this was: Nick Calvetti, Dave Paquin, Joan & Ollie Stone, Tim McNamara, Sandy Bradbury, Russell Demarest, Howard Muscott, David Chen and Jay Tully. Mrs. McMillan said she had received approximately 18 months ago an estimate in the range of $120,000-140,000. The one challenge they face is that Clark School children use the courts as a pass thru. She had spoken to Jim Miner and told him that if they were going to make this investment, they would have to come up with an alternate route. The School’s practice is to put down sand and this is not good because it places wear and tear on the courts.
Mr. Panasiti commented that this wasn’t just a refurbishment and the courts would have to be re-graded. Mr. Grella thought it was needed and has been for a number of years. Mr. Infanti thought it was listed as a medium priority in the long range plan. Mrs. McMillan indicated it was, agreed it needed to be done, but was unsure if it will pass. In their over-all plan they were looking to refurbish the Middle School and rebuild the Davis Lane Courts. She told Mr. Bowler that the Middle School courts were not in much better shape than the others. Mr. Bowler suggested they begin with a plan, perhaps establish a Capital Reserve Fund and put in half of what they were estimating the projects to be. Mrs. McMillan thought it would be poor planning on their part if they didn’t have something in place. Unless they had an agreement with the School, she thought they would be jumping ahead and she would hate to battle with the School. With the amount of snow on the ground, it would be hard to determine the extent of the needed repairs. Mr. Infanti thought it would be hard to sell this year.
A discussion ensued about a walkway or path around the Davis Lane Courts. Mr. Galinson talked about the fence being one of the biggest expenses. His property abutted the fence where there had been a gate. In talking to Jim Miner and the Superintendent, the gate was removed because it was a security issue. He suggested putting approximately $40,000 into a capital reserve fund. Mr. Panasiti asked if it could be repaired. Mr. Katzenberg thought it would be quite expensive for a short term fix. He advised he had talked to Nancy about supplying squeegees and a broom to spread out the collecting water since it dries up fairly quickly. Relative to the Schools, Mrs. McMillan explained they have a lease agreement with them and they have a right or privilege to use the Courts and maintain them. The Amherst School District is willing to work with them and in general let them use their facilities and the Recreation Department in turn needs to maintain them. It was noted that Souhegan High School rents courts from Jasper Valley. Mr. Katzenberg suggested a backboard be installed and would help the situation. It was also mentioned that the Town needed outdoor basketball courts.
W&M members were told the only fees regarding the courts were for tennis lessons and that there were five courts – two at the Middle School and three at Clark School. Mr. Petrella wondered whether or not five courts were enough or not enough. He asked if anyone knew how much they were being used and what was the real need for having that many courts and the need to keep them maintained.
Mr. Infanti spoke about his favorable experience over a two week period last summer mentioning that Amherst, for many years, has always been a tennis town with many people playing the game. After further discussion, Mr. Bowler announced they will be talking about this again at their next meeting on January 7.
Spaulding Field Repairs
Mrs. McMillan told the Selectmen there was a retaining wall at Spaulding Field that needed repairs because the wood and stairs are beginning to rot. The Department’s Foreman looked at it and determined that it was not a safety issue; however, she thought it should be brought to their attention. She received various quotes on different options and this needed to be looked at since it had been brought to her attention two seasons ago. Mr. Panasiti thought this was a good project to use revolving fund money or the unanticipated funds. Mr. Galinson was not in favor of it as a special warrant article and gave his reasons. Mr. Grella agreed with both Brad and Reed and thought it a good use of those funds. Mr. Infanti also was in favor of this suggestion.
Recreation Department Mower
Mr. Infanti thought that when they had the discussion on the X-Mark mower, that once the old mower was fixed they would be all set for mowers. Mrs. McMillan said they were all set with two mowers. The Ferris was old and in June she spent $774.00 on it, $1833.00 in July and $691.00 in September - a total of $3600.00 in a short period of time. She thought the Recreation Commission would be open to discuss using capital funds for these types of things. Mr. Infanti did not think they wanted to put all of these items as warrant articles where they have money for these types of things that are needed. Mr. Bowler agreed and thought they should be looking at unanticipated revenue as well. He indicated he was also under the impression that the Ferris would last another two to three years. Mrs. McMillan remarked that it probably will and they will most likely be spending money on repairs too. Mr. Panasiti mentioned that there were philosophical issues on how to put a budget together - a capital reserve is there to spend.
Mr. Bowler told Deirdre Rogusky they were talking about the unanticipated revenue number of up to $250,000 which is what the warrant article states. He would like to wait on this because they want to have a full discussion with the Recreation Commission some time after the Deliberative Session in February (either the second or fourth Monday) and begin making plans where they want to go in the future. Mr. Galinson suggested adding the language “ … any capital expenditures”.
Mr. Panasiti asked if the funds had to be tied into a surplus. Mr. MacGuire advised that it did and was the interpretation by DRA on how they can spend those funds. He also asked if the Board wanted to discuss having one or both proposed warrant articles for Recreation. Mr. Bowler preferred having just the first one. John Siemienowicz asked about the budget item for a trailer. Mrs. McMillan explained that the number of trailers they have were not large enough to bring all of their equipment to a site, every day they use two mowers and a tractor.
Fire Department Utility Vehicle
Mr. MacGuire noted that the warrant article for the Utility Vehicle had been reduced from $29,000 down to $26,300. Mr. Infanti had no questions and indicated he supported this as did Mr. Grella. With no further questions from the Board, Mr. Bowler remarked this was a fairly good price for a vehicle and something they can utilize for many things. Mr. Siemienowicz asked for clarification on the terms “purchasing” and “outfitting”. Fire Chief Rick Todd explained they were going to take all equipment off the current vehicle and move it to the new utility vehicle.
Mrs. Peterman asked if the Selectmen were considering purchasing any bio-diesel vehicles for replacement vehicles considering the climate change and for energy efficiency. Mr. Bowler spoke of the inability to store bio-diesel in the Town’s fuel storage tanks. Mr. Berry added that currently it is more expensive than the diesel they are buying - currently it is on the State bid list. Across the Board he didn’t know if they could do it because of the age of their vehicles. Mrs. Peterman was aware of much of this, but thought they should begin thinking about something like this.
Loader
Mr. Bowler advised that the Selectmen were fine with including the loader on the warrant. Mr. Berry briefly talked about the issues. Relative to lease payments, Mr. Bowler told Ms. Rogusky that they could have a warrant article each individual year or put the remaining payments into the budget or purchase it outright at $110,000. Mr. Bowler preferred the lease purchase even though potentially they could lose it next year. Mr. Infanti asked what they were looking at for numbers over a five year period. Mr. Bowler asked the Town Administrator to get the numbers for three years and five years. Mr. Berry told W&M that this was just a number and not brand specific and would bid it out.
Phase III Baboosic Lake Community Septic
The Board agreed to put the Community Septic System on the warrant.
Salt Shed
Mr. Petrella asked if there would be some level of prioritization. Mr. Bowler indicated the Selectmen may end up doing this, not necessarily the Departments. He felt the Salt Shed was a high priority. If it didn’t pass, the warrant article that passed last year was null and void. Mr. Berry told Ms. Rogusky, that it was difficult to compare year to year. Last year at this time leaves were on the ground and no snow. As of last Friday morning he had received eight loads of salt, received two on Friday and one that day. Potentially they have another storm on Wednesday and snow or rain on Friday with another on the weekend. By this coming weekend, the salt shed may be empty. With the salt shed, they could buy it in the fall and allowing for a full year’s supply. He spoke about the environmental issues of leaving it uncovered outside. Mr. Petrella personally thought it would allow them to prepay for the salt. Mr. Infanti explained that it only guaranteed they have it when it is needed.
Mr. Berry noted that the salt would not be stored outside; it would be under cover period. He explained that several years ago he had to hire a truck to drive to Portsmouth to pick up the salt at a higher rate, so it could be available when it was needed. An explanation given W&M, was that $71,000 would buy the structure and the $89,000 is the installation of the salt shed.
Diesel Exhaust System
Mr. Infanti was in favor of installing the exhaust system first at the Public Works garage, second priority was the Ambulance Bay with the Fire Stations being done another year. Mr. Grella agreed with this. Regarding public health, he mentioned that the Central Station was somewhat separate from public access. Mr. Galinson thought because of its need, the $7,660 for the garage should be put into the budget. Mr. Panasiti agreed and felt this warrant article as proposed would not happen and would agree with splitting them up. Mr. Bowler also thought it should be put into the budget and thought the $7,660 was a fairly accurate number. Mr. Panasiti asked if they could get some accurate figures for next year. Mr. Berry said he could use a CO2 monitor. Chris Nowlan thought this was an excellent suggestion as they needed data points. He could see it at the DPW garage where they are always working on vehicles. The other facilities may not be as a significant issue.
DPW Vehicle
Mr. Berry explained that Public Works equipment takes care of the Schools. He hires a piece of equipment that takes care of the High School and Middle School. The Schools have a concern about salt and sand storage. With Gary’s permission, they have kept one truck at the School and the School is using it to both plow and treat. The truck will go away in the spring. The one ton truck he is proposing gives them the option of going to the Schools if needed. School personnel operate the truck with Jim Miner’s cooperation. Mr. Infanti remarked that he thought the School was looking for a new truck this year with a plow and thought he would mention this so everyone was on the same page. Mr. Berry advised this was not the truck’s only purpose, his Department would be using it all summer. He wanted to add this to the discussion because he had not mentioned it before. The Board commented that the warrant article was confusing as written and that the Power Point presentation article was different. Mr. Bowler clarified that it was the intent that the $81,000 come out of the Capital Reserves Vehicle Fund.
Department of Public Works Land
All Board members were in favor of fund this purchase through the Land Use Change Tax Fund. In response to Mr. Nowlan’s question, Mr. Bowler advised that the land may go on the market for more than the $100,000. He asked Mr. Berry if it had been determined to be buildable. Mr. Berry explained a survey had recently been done by the owners and they were assured that it could be a buildable lot. Mr. Berry told Mr. Nowlan that this was not a site for the Salt Shed and briefly described his goal of changing the door in order to give closer proximity to the existing materials. He told Mrs. Peterman that the figure he used of 5.25% for a five year note, came from the bonding for the Baboosic Lake Septic System.
Impact Fee Implementation
Mr. Bowler advised all members were in favor of this with no exceptions.
Rescue Vehicle Capital Reserve Fund
The Board spoke briefly about having separate warrant articles for the Capital Reserves or having a warrant article containing one lump sum figure for all the Capital Reserves. They were in favor of this $22,000 warrant article.
Library Land Capital Reserve Fund
Mr. Infanti did not know where they were headed on this Capital Reserve. Putting aside $14,000 each year would take forever to get enough funds to purchase anything. Mr. Bowler suggested leaving the money but eliminate the request. Mr. MacGuire added that he had a conversation with Amy and she told him the Trustees were potentially thinking of renaming or restructuring the purpose not only for land acquisition, but were considering asking the voter to use if for design, engineering or studying the Library. Mr. Bowler thought it a good idea for the Trustees to look at it and be able to spend the funds for other uses.
Other Warrant Articles
The Board supported the following Capital Reserves funding: $85,000 Highway Vehicle CR Fund; $25,000 Assessing Revaluation CR Fund; $7,500 Town Computer System CR Fund; $5,000 Communications Center CR Fund; and $5,000 Town 250th Anniversary Celebration CR Fund. Mr. Grella reported that the last year the request will most likely be more than $5,000.
Reception for Cal Ripken Baseball Team
The Board took time to welcome the U10 Cal Ripken Little League Team who had gone onto the National World Series in Indiana. Mr. Bowler announced the Team’s record was 31-4 for the season and had played in the Nationals, States and District. Coach Ward Bennett told the audience that the Team was a great group of energetic kids that came to practice every day. Mr. Bowler remarked that U12 Girls Team also went to the World Series as well and a great accomplishment to have two teams from the Town of Amherst. He added that the Pittsburgh Pirates had recently hired a new General Manager, Neal Huntington, who had grown up in Amherst. The Board congratulated each team member as their name and number was called to receive certificates handed out by the Chairman. Mr. Bowler thanked the team for coming in and hoped they can do this again next year.
Warrant Articles
Keystone Hall Funding & Milford Counseling
Mr. MacGuire explained his rationale of putting these two Grant Agencies on the warrant. Mr. Infanti agreed to this. Mr. Panasiti asked if they were still viable agencies. Mr. MacGuire advised that both were seeking funds for this budget but have not requested the funds for several years in the past.
Harbor Homes Inc. Funding
Mr. MacGuire reported that the above agency is a brand new request which typically goes on the warrant. Mr. Bowler told Mr. Petrella that in the past the first time request always went on as a warrant article and after that goes into the budget. Harbor Homes is a new one and the other two have asked, but the last several years have not request any funding so the Board is putting them back to the voters for approval.
Recreation Department Mower
The Board did not support the above as a warrant article.
Spaulding Field Repairs
The Board did not support the above as a warrant article.
Appointment of Capital Reserve Agent
Mr. MacGuire explained they were looking to clarify language in an original warrant article established in 1976 and amended in 1997 to purchase and/or refurbish in order to give authority to the Selectmen as Agents to expend from the fund during the year rather wait for a Town Meeting vote. Mr. Bowler felt they should put this in the warrant. They definitely needed to do this because there are still funds available and asked if they wanted to continue funding this Capital Reserve. Mr. MacGuire advised they currently have a balance of about $26,000. Mr. Infanti did not have a problem with putting it on the warrant. There were always pros and cons about having a capital reserve for everything – it makes easier to make a purchase if they have money. Mr. Grella proposed adding $5,000 to it. Mr. Galinson agreed that they should continue funding it. Mr. MacGuire was not sure they could approach the funding this way and may need to have two warrant articles.
Mr. Galinson agreed they should put a little bit of money aside. The have many funds and it should be specific what they were funding, since this is money the citizens agreed to spend. Mr. Bowler suggested $20-25,000. Mr. Grella felt it should be $20,000. Mr. Bowler told Ms. Rogusky that it was always understood that it was the Board of Selectmen that had the authority to expend, but Gary said it could also have been Town Meeting that gave them this authority.
Budget Discussion
Mr. MacGuire prepared a proposed ’09 budget reductions worksheet. The total was now $50,076 vs. the proposed $53,326 a difference of $3250 which is the Library reductions that had been suggested. The Trustees will be addressing this amount at their January 7th meeting. This would put them at a gross ’08 budget to gross ’09 budget at a .94% increase. Adding in the $7660 brings them to approximately 1% gross to gross. Mr. Infanti was very pleased with this number and better than he hoped for. Mr. Bowler thanked Gary and the Departments.
Conservation Chairman John Harvey told the Board he was pleased to continue to manage their budget as they have done this year. Conservation’s budget is for land management and services. Each year they have some long reoccurring expenses such as improving the meadows they have around the Town. This year they were looking to make renovations at Lindabury Orchard.
Mr. Bowler announced that they will hold the public hearing on the budget and bond on January 14, 2008 with the Deliberative Session on Wednesday, February 6. The Board will be taking their final votes on January 7th.
Elderly Tax Deferrals
Mr. Infanti moved to grant an elderly tax deferral for 2007 to the owners of 13 Old Coach Lane in the amount of $3,382.00, second by Mr. Grella. Vote: Unanimous.
Mr. Infanti moved to grant an elderly tax deferral for 2007 to the owner of 2 Lynch Farm Road in the amount of $2,111.06, second by Mr. Grella. Vote: Unanimous.
Other Business
Mr. Grella reported that his meeting last week with the Heritage Commission had been cancelled because of the storm. He had cleared off the area for the skating rink and hoped it would be ready for when the kids were on vacation. Mr. Panasiti had nothing to report other than he would get information on the CIP to the Conservation Commission. Nancy McMillan had given them information on the revolving account and they will be meeting with the Recreation Commission in February. Mr. Infanti reported on Wednesday the Planning Board will hold a public hearing to address zoning changes.
Minutes
Mr. Infanti moved to accept the minutes of December 3, 2007, second by Mr. Grella, revised as follows: Line 260 – Insert “thousands” in front of “dollars”. Vote: Unanimous.
Mr. Infanti moved to accept the minutes of December 10, 2007, second by Mr. Grella, amended as follows: Line 98 – Insert “not” after “would”. Vote: Unanimous.
Other Business
Mr. Bowler reported he had talked to Ruth Heden of GSOP for approximately 45 minutes. Minutes of the meetings in Amherst and Milford had been shared. There were many questions that needed to be answered and he felt they owed GSOP a recommendation. He felt they would not support a warrant article, but would support a Committee to study it further. As Bill Belvin stated last week, many Amherst residents go to Manchester. He told Noreen O’Connell that he believed the Board would not support going forward at this time. Mr. Infanti moved that the Amherst Board of Selectmen supported the concept of supporting the elderly or anyone who needs medical appointments, but there were a number of concerns raised about fees. At this time, the Board would be willing to form a Committee to work with Milford and this group to come up with answers, but they would not be willing to fund it through a warrant article, second by Mr. Grella. Vote: Unanimous.
Mr. Bowler will inform Mrs. O’Connell of the official vote.
Mr. Infanti moved to adjourn the meeting at 8:15 p.m., second by Mr. Grella. Vote: Unanimous.
Respectfully submitted,
Sharon L. Frydlo
Executive Assistant