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Town of AmherstBoard of SelectmenMay 12, 2008
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Chairman Bruce Bowler called the meeting to order at 7:05 p.m. Selectmen present: Brad Galinson, Reed Panasiti, Thomas Grella and George Infanti. Also present: Town Administrator Gary MacGuire and Executive Assistant Sharon Frydlo.
Tedd Landon, 7 Sprague Road, read from a prepared statement formally requesting the Selectmen to reconsider their vote on the reconstruction of the area in front of Town Hall. He cited the Board was in violation of Article 23 creating a Capital Reserve Fund, but the purpose of the project was not the same as the source of the funds. “No means no law applies”, he said. Mr. Infanti asked if there was someone he spoke to in State government who told him the Board was wrong. Mr. Landon replied that he spoke to the DRA, among others, where most of his information came from. They were under the impression it was from a grant and not aware taxpayers’ funds were involved. Mr. Galinson noted this was a serious issue if they violated something and would talk to Town Counsel and DRA about this and explain to them how this happened. The Board had not spent the money yet and this was something the Board took very seriously.
Mike McQueen, Representative from PSNH, indicated he was present to deliver several incentive checks for PMEC who had done a remarkable job to make the building a real asset to the Town. One rebate was for the geothermal unit installed and the other for lighting. Brad Galinson, Len Gerzon and Vicki Laforet were present to receive the funds. Mr. Galinson explained there were several “green” items that had been installed in the Center – one was the geothermal unit and their energy rebate amounted to $10,942.00, the other energy rebate was for lighting which amounted to $660.00. He told Mr. McQueen that this was very much appreciated.
State Senator Peter Bragdon & House Representative Peter Bergin
Mr. Bowler explained there was an ongoing debate in Concord regarding the NH Retirement System. The House passed a version and Senate made amendments to it and in some respects they were quite different than the House’s version. He had asked both Senator Bragdon and Representative Bergin to talk to them to determine where this was headed and how it was going to affect the cities, towns and school districts. School Board Chairman Dwight Brew was also present to hear this discussion. He announced that Reed would be abstaining from any personal discussion.
Rep. Bergin told the Board that the House had passed HB1645 to change the Retirement System that was only 36% being funded as well as questioned the make-up of the Board of Trustees and Group II Retirement. What came out of this was the Governor appointed a Commission to look into it. He spoke of the House version in which everyone would be grandfathered and after July 1, any new member would have a different retirement time, but it became controversial. The Senate and House did not concur on 1645. The House asked for a Committee of Conference and the Senate did not agree to it. Both bodies worked very hard on what had been done and each was defending its position. There was still a lot of negotiating going on. The infighting is the result of police, fire and teachers looking out for their interests including the cities and towns.
Senator Bragdon indicated he could not disagree too much what Peter had said. The majority of the House has one position and the Senate has their position. There was a significant financial impact with more people preferring the House version because there is no representative for the towns and cities. They were talking about a six billion dollar fund and the size of the fund requires professional administration rather than just administration from representatives of fire, police and teachers. Now was the time to make some changes with most Republicans being for it. The bill is going to Conference Committee and the House and Senate will deal with this. He felt that one thing that will hold, was the make-up of the Trustees. Senator Bragdon felt that the Town may not see the impact for another 20 years. This System needed greater attention paid to it by professionals. By this time next year, they will probably have a final version. No one can foresee them not paying anything. Mr. Bergin indicated that they need to also stand up and listen to the cities and towns because it burdened the towns greatly.
Comments and explanations were made to arguments made by some of the employee unions regarding health insurance payments; setting up a medical fund and then finding out it couldn’t be sustained; issues relating to the IRS regulations as it pertained to COLA’s and the battle of legal opinions from several different attorneys.
In response to Mr. Grella’s question, Mr. Bergin spoke of the history of the retirement funds as well as the System setting up medical health benefits and lower rates to the towns in “good times”. Everyone enjoyed those times and now they have not been enjoying them and it has become a crisis where everyone will have to share and “it will be painful”. Sen. Bragdon remarked that this may have been 20 years in the making and at a time they made the switch, was bad methodology and turned out to be a bad decision made by the municipal association. This is a significant hole they have to come out of and having non-professional Trustees was a mistake. The Commission’s Report was over 80 pages long. Mr. Bergin added that if they consider the last three years of Firemen’s and Policemen’s overtime salaries and put on a “cap” to what they could earn in overtime, was an area to keep money out of the System. He mentioned this was a complicated formula.
Mr. Infanti remarked that from what he has read, what he has seen, what was said, this was a mess and the Board appreciated them working on it, because something has to be done to get them through this. Sen. Bragdon indicated this was a change that has to come about over the years. Mr. Bowler indicated the Board needs to look out for the taxpayers and this was a “huge hit to the budget”. He found it amazing that the majority of the Trustees were made up of employees, but they needed professionals included. He hoped that House sticks to the fact of having “professionals” and did not know how the employees were appointed. Mr. Bergin advised that two years ago, there was a change in the composition of the Trustees in having a balance of police, fire and teachers – now is the time for change.
Mr. Bowler asked for a list of members on the Committee of Conference. Mr. Bergin spoke about the timeframe of the various meetings with Mr. Bragdon theoretically giving out a timeframe of January 1, however, he hoping the Senate’s position on the Board of Trustees is done sooner with a negotiated strategy.
Mr. Bowler asked Mr. Drew for comments … He remarked that this was something they had been following and every day they read something different and he appreciated Mr. Bragdon and Mr. Bergin coming in to talk about this.
Mr. Bragdon updated the Selectmen on the Old Manchester Road status – the only issue was an underground utility and the State was still planning on the construction as of a week or two ago. Mr. Bowler thanked both Representatives for their time.
Approve Driveway Names
Mr. Bowler indicated they were to approve a driveway name for the Comstock Subdivision. The Board had received a memo from Police Chief Lyon on his recommendation. Mr. Infanti moved to approve Beech Tree Way, second by Mr. Grella. After a brief discussion, the Vote was Unanimous.
Award Baboosic Lake Septic System Phase III Construction Bid
Mr. MacGuire advised they opened seven bids on February 11, 2008 for the construction project for the Baboosic Lake Septic System Phase III Construction. They had to wait for the approval from DES in order to actually award the contract that was just received this past week. The high bid was $411,181.50 and the low bid was $386,135.00 – this constituted a “pretty tight bid package”. The recommendation was to award it to Northampton Excavating & Rental for $386,135.0 for Phase III of the Baboosic Lake Septic System.
Mr. Infanti remarked he had talked to Gary about other projects similar to this one and Northampton Excavating had come with good recommendations. This was a reputable firm with experience in this type of work. In response to Mr. Grella’s question, the bid price would be valid until the end of next week and unofficially recommended and approved. Mr. Bowler remarked it was disappointing that the other Phases had only one bid.
Mr. Infanti moved to accept the bid from Northampton Excavating & Rental for the Phase III Baboosic Lake Community Septic System for $386,135.00, second by Mr. Grella. Vote: Unanimous.
State of NH 2007 Tax Lien Notification
Mr. Bowler read the above notification from the Tax Collector indicating there were 76 properties with outstanding 2007 property taxes totaling $290,597.19 and compared with the 2006 tax numbers were down approximately $84,000. Mr. Infanti moved to approve and sign the documentation, second by Mr. Grella. Vote: Unanimous.
Community Septic System Warrant for Baboosic Lake Phase I
Mr. Infanti moved to collect the Baboosic Lake Community Septic System Maintenance Charges as written [$6,052.44], second by Mr. Grella. Vote: 4-0-1, Mr. Bowler abstained.
Community Septic System Warrant for Baboosic Lake Phase II
Mr. Infanti moved to collect the Baboosic Lake Community Septic System Quarterly Maintenance Charges of $6,430.60, second by Mr. Grella. Vote: Unanimous.
Community Septic System Warrant for Baboosic Lake Phase II Betterment Assessments
Mr. Infanti moved to approve the first of 12 betterment installments in the amount of $706.21, second by Mr. Grella. Vote: Unanimous.
Approve Payment Plan for 2005 Taxes & Tax Deed Waiver
Mr. MacGuire advised that at the request of the Tax Collector the Board is being asked to table this approval until their next meeting. Mr. Infanti moved to table the Payment Plan for 2005 Taxes & Tax Deed Waiver, second by Mr. Grella. Vote: Unanimous.
Cemetery Fields Tournament Application
Mr. Infanti moved to accept the Cemetery Fields Tournament Application for June 14-15, 2008, second by Mr. Grella. There was a brief discussion regarding a Certificate of Insurance, Mr. MacGuire will check on this further. Vote: Unanimous.
Approve Recommendations & Sign
Elderly Exemptions
Mr. Infanti moved to grant an elderly exemption in the amount of $88,000 on M/L 7-47-2, second by Mr. Grella. Vote: Unanimous.
Mr. Infanti moved to grant an elderly exemption in the amount of $88,000 on M/L 9-4-1, second by Mr. Grella. Vote: Unanimous.
Veterans Tax Credit
Mr. Infanti moved to grant a Veterans Tax Credit of $500.00 on M/L 24-72-2, second by Mr. Panasiti. Vote: Unanimous.
Veterans Tax Credit Denied
Mr. Infanti recommended that the Veterans Tax Credit be denied on M/L 9-4-1, second by Mr. Grella. Vote: Unanimous.
Abatements
After reading the recommendation on M/L 3-29, Mr. Infanti moved to approve the abatement based on the Assessor’s Report in the amount of $2,928.29, second by Mr. Grella. Vote: Unanimous.
After reading the recommendation on M/L 4-702-3, Mr. Infanti moved to approve the abatement in the amount of $1,094.21, second by Mr. Grella. Vote: Unanimous.
Abatement Denied
After reading the recommendation on M/L 4-43, Mr. Infanti moved to deny the abatement, second by Mr. Grella. Vote: Unanimous.
Untable Abatement
Mr. Infanti moved to untable the abatement on M/L 8-37-3, second by Mr. Grella. Vote: Unanimous. Mr. Infanti reminded the Board they had sent this request back to the Assessor’s Office due to a concern about the land value. They were presented with a tax map and tax cards of parcels in the same vicinity which they reviewed. There was also a further notation that this dwelling would be reassessed in 2009 after renovations. Mr. Infanti moved to grant the abatement in the amount of $3,263.17 as recommended by the Assessor, second by Mr. Grella. Vote: Unanimous.
Old Business
Mr. Galinson spoke briefly of the PMEC restructuring proposal as defined by the flow chart presented. He reported that Reed, Gary and he had been working several months to restructure the operation and reporting structure and still keep their environmental educational vision. He was asking that this become effective July 1. The PMEC Director will report directly to the Recreation Director. The Recreation Commission will be changing their membership down to seven people. One of the seven will have PMEC background. They will also have sub-committees – Administration, Facilities and PMEC. They will consolidate the PMEC budget into the Recreation budget effective July 1. He spoke of several things they wanted to accomplish among them being - keeping the education and environmental focus, having the PMEC Director report to the Recreation Director rather than the Town Administrator and getting PMEC Recreation structure. Mr. Panasiti had nothing further to add other than mentioning the support they received from folks involved.
Recreation Director Nancy McMillan remarked that coming from the Recreation Department she felt this will work. Mr. Infanti’s concern was the time commitment for the Recreation Director, however, he felt this probably was already addressed. Mr. Galinson advised the details haven’t been worked out but PMEC’s budget will be consolidated into Recreation. He thought they planned it okay and thought the budget allowed them to do the job with PMEC. Mr. Grella wondered who was going to make the decision on downsizing since originally the Selectmen interviewed the individual members. Mr. Infanti thought they should discuss this at a future meeting.
Mrs. McMillan commented that with the budget and staff, they will have resources to devote folding PMEC into Recreation and keeping its mission. She planned on watching this very closely and at the end of three months, to come back with a report and will evaluate it both from a structuring and an operating point of view, as well as present a staff report on what has transpired in the first 90 days.
After a brief discussion on whether or not to take a vote on the proposal, Mr. Galinson moved to accept the PMEC Restructuring Proposal which will take effect July 1, 2008, second by Mr. Infanti. Vote: Unanimous. Mr. Bowler thanked Mrs. McMillan and the two Selectmen who worked on this restructuring.
Other Business
Mr. Bowler announced that on June 9, the Selectmen will meet with the Recreation Commission. Their next meeting would be on June 30, 2008 where they will hold a public hearting on the acceptance of unanticipated revenue.
Mr. Panasiti reported he met with the Conservation Commission and explained the restructuring of PMEC and there were no major problems or concerns. On Wednesday, there will be a meeting of the Recreation Executive Committee.
Mr. Grella reported he had spoken to the Landry family who agreed to meet at 7:30 p.m. on Thursday, May 29 with the Selectmen in naming the meeting room the Barbara H. Landry Meeting Room. He has one bid on replacing the table and fundraising will be sought. There will be a meeting of the Committee looking into future road reconstruction on Thursday at 7:30 a.m. Regarding signs, he has heard that some groups were being denied their signs while others have nine signs with no consistency and nothing being equal in all requests. Mr. Bowler suggested asking the Planning Board if they were willing to volunteer to look into this issue. The Town has been to Court and they need to be consistent. They were also looking to have a permanent sign somewhere. He knew Cal Wood mentioned this, but was unsure whether he was willing to volunteer. He suggested putting this on the May 27th agenda. Mr. Infanti remarked that the Planning Board was extremely busy with the Master Plan and had no time for anything else.
Mr. Infanti reported there was a Cemetery Trustees’ meeting on Thursday. The Planning Board had approved Michachunk Passage with a four year phasing plan. There was a one million gallon storage tank by Tech Park that will be removed and replaced with a much smaller one due to new regulations. There will be another Master Plan meeting on Wednesday night at 7:00 p.m. at the Town Hall.
Mr. MacGuire reported that Citizens Bank Government Banking Division met with him, Merri and Liz that day. They will be having these meetings every six months to stay on top of their options and they will be making some improvements on how the money is handled – this is long overdue, he said.
Mr. Bowler asked Sharon to put an ad in the paper seeking folks to serve on the Climate Control Advisory Board. He reported that the SRLD had a meeting on May 1, while he was on vacation, where they took the annual tour of the Landfill itself and everything was okay. In the past, they have had some issues. A sub-committee, of three members, had been formed to look at other ways how revenue is returned i.e. whether recycling revenue should go back to the SRLD or the Towns. Also there will be an actual agreement that will be signed. He was unable to attend the last GSOP meeting and there was another one that day with Mark Sousa. Several different dates had been discussed – September 1 or January 1. He felt they will not have enough information to present to the Selectmen by that time. The 2009 budget would not work, but perhaps in 2010. The group has been put on the May 27 agenda to come in to give the Board the latest in what they were looking for in funding – this may happen quarterly.
Mr. Infanti reported he met with a member of the Girl Scouts who will be painting the bathrooms at the Pavilion within the nest several weeks. He suggested pictures be taken for the “Quarterly”.
Minutes
Mr. Infanti moved to approve the minutes of April 21, 2008, second by Mr. Grella amended as follows: Lines 328-329 - Change the sentence beginning with “Work was … into the garden” to “Work is being discussed by DPW to construct a door leading into the garden.” Line 334 – Strike “not”; Lines 336-337 – Insert “doesn’t” after “bill” and Change “passed” to “pass”. Vote: Unanimous.
Non-Public Session
Upon a unanimous roll call vote, the Board entered non-public session at 8:45 p.m. under RSA 91-A:3 II (d). While in non-public session the Board received an update on land acquisition. Upon a motion made and duly second, the Board exited non-public session at 9:00 p.m. and voted unanimously to adjourn the meeting.
Respectfully submitted,
Sharon L. Frydlo
Executive Assistant