December 19, 2000






PRESENT:           Mr. William McDevitt, Ms. Deb Casey, Mr. James Hardy, Mr. Greg Farris; Mr. Harold                                 Lynde (arrived shortly after the meeting began, see notation below)


Also present:       Mr. James Pitts, Town Administrator, members of the press and general public.


ABSENT:             None.


Chairman McDevitt opened the meeting at approximately 6:30 pm.




November 5, 2000


MOTION:           (Casey/Hardy) To accept the minutes of the November 21, 2000 Board meeting as                                        amended.


VOTE:                 (4 - 0 - 0) The motion carries. 




No public input.




Mr. Don Foss - Interview for Highway Department position.


MOTION:           (Hardy/Casey) Request for a non-public session per RSA 91-A:3,II,a.


ROLL CAL:       Mr. McDevitt-Yes, Ms. Casey-Yes, Mr. Hardy-Yes, Mr. Farris-Yes, Mr. Lynde-Yes


The Board entered into non-public session at approximately 6:40 pm.


The Board returned to public session at approximately 6:54 pm.


MOTION:           (Hardy/Casey) To appoint Mr. Randy Boyden to the full-time position of Highway                                         Department Laborer, beginning January 2, 2001 with a 6-month probationary period.


VOTE:                 (4 - 0 - 0) The motion carries.


MOTION:           (Hardy/Casey) To appoint Mr. James  Hoffman to the full-time position of Highway                                      Department Laborer, beginning January 2, 2001 with a 6-month probationary period.


VOTE:                 (4 - 0 - 0) The motion carries.


Mr. Victor Danevich, Chairman, Planning Board - Waiver of Article K


Mr. Danevich appeared before the Board representing the Planning Board and the Conservation Commission with a matter for the Board of Health.  He said that after reviewing a parcel, during a site walk December 9, 2000, they would like to investigate the possibility of relocating a proposed septic on a new subdivision from the rear of the parcel to the front.


Mr. McDevitt let it be known that the Selectmen, from the point in which Mr. Danevich began, would be the Board of Health.  


Mr. Lynde arrived.


Mr. Danevich informed there was an intermittent stream at the back of the parcel that feeds Gumpas Pond (a prime wetland).  He said the application meets all the proper subdivision regulations.  He said the reason the septic could not be located in the front portion of the parcel was that it failed the numerous test pits and failed to meet the minimum ledge distance requirement.  He said it was not uncommon that a parcel could  be properly graded (or changed grading) or a newer type of technology could be installed.  He said that would require either a waiver or permission to improve the lot.


Mr. McDevitt read aloud a written response from Mr. Paul Zarnowski, Town Health Officer & Agent.  ATTACHMENT #1.


Mr. McDevitt noted that Mr. Zarnowski didn’t agree with Mr. Danevich.  Mr. Danevich said that during a conversation with Mr. Zarnowski, Mr. Zarnowski said he didn’t feel it met the hardship criteria. 


Mr. Farris asked if new technology septic design could be incorporated at the location now for additional protection.  Mr. Danevich answered no, the jurisdiction fell to the Board of Health.


Ms. Casey said there was plenty of space in the back, but it sloped directly into the Gumpas Pond area.  She spoke of the need to be more creative. 


Mr. Farris said he would like the Planning Board to come up with recommendation for a type of system which could be located in the front of the parcel.  He didn’t want to make any recommendations for the location until he knew what type of system would be used.  Mr. Danevich said the Planning Board was not in the position to design the septic, that it would be up to the developer.  He asked if the Board of Health would consider reconvening by the developer with the Health Inspector to work within the design guidelines and meet all the requirements for the distance to ledge. 


Mr. McDevitt said that the Board generally relied heavily on Mr. Zarnowski’s  recommendations.


Mr. Hardy asked why Mr. Danevich was presenting the waiver and not the petitioner.  Mr. Danevich said the Planning Board and the Conservation Commission initiated the waiver because it met all the specifications for the subdivision regulations.  Mr. Hardy asked if the petitioner was aware of it.  Mr. Danevich answered yes.


Ms. Casey noted the Thousand Oaks case in which a waiver was sought after before the house was built.  Mr. Farris remembered the case and said the developer would have suffered a hardship if he weren’t able to develop.  He said he would like to see a newer high tech design rather than cutting the space down.


Mr. McDevitt said that Mr. Zarnowski would review.  Mr. Danevich said the Planning & Conservation Board would work with the developer, to Mr. Zarnowski’s satisfaction to relocate the septic.


Mr. Hardy made a motion to grant a waiver subject to the Health Inspector’s approval.  Ms. Casey seconded.  Mr. Hardy added ML 2-127-1 and to improve the front portion of the property sufficiently to meet all existing Health and Safety requirements based on the recommendation of the Planning Board Chairman and subject to the approval of the Health Agent.  Mr. Danevich said the Planning Board was within their 65-day time limit constraint, but it was scheduled for the January 4, 2001 meeting.  Mr. Farris asked that a written recommendation based on the plans submitted to the Health Agent be added to the motion.   Mr. Danevich said that would be provided.


MOTION:           (Hardy/Casey) To grant a waiver for ML 2-127-1 to improve the front portion of the                                     property sufficiently to meet all existing Health and Safety requirements based on the                                   recommendation of the Planning Board Chairman and subject to the approval of the                                       Health Agent.


VOTE:                 (5 - 0 - 0) The motion carries.


Mr. McDevitt said the Board from this point on would reconvene as the Board of Selectmen.


Police Chief Evan Haglund - Laptop Computers


Chief Haglund offered the Board a background.  He said when he had gone before the Budget Committee he put in a line item for five laptops at $1,250 each.  He said there was a discussion in which they suggested higher quality computers, therefore he back before the Committee and presented a midline laptop at approximately $2,200 each.  Chief Haglund informed that he intended to utilize an existing laptop and would now be requesting four laptops at approximately $2,300 each.   He said the line item would be increased from $6,250. to $9,200. which was an increase of $2950.


Mr. McDevitt confirmed that Chief Haglund was requesting a reconsideration of the budget with the Selectmen’s support an additional amount from $6,250. to $9,200. for laptops. 


MOTION:           (Hardy/Casey) To reconsider the budget with the Selectmen’s support.


VOTE:                 (5 - 0 - 0) The motion carries.


Mr. Hardy then made a motion to increase the budget from $6,250. to $9,200.  Ms. Casey seconded. 


There was a brief discussion of the cost and warranties for the laptops. 


MOTION:           (Hardy/Casey) To increase the budget from $6,250. to $9,200.


VOTE:                 (4 - 1 - 0) The motion carries.  Mr. Farris voted no. 


Ms. Casey informed Chief Haglund that the Police would be able to utilize the proposed tower on top of the Pentecostal Church.  There was a brief discussion regarding the requirements for towers in the Town and if they were required to provide co-location for the Police.  Chief Haglund said he would check with Planning to confirm. 


Mr. Bob Tryon, Parks and Recreation Director - Recreation Needs


Mr. Bob Tryon began by reviewing a hand-out he put together for the Selectmen.  He said the breakdown showed the recommended outdoor facilities (per the state) for every 1000 people in the community, to date, and through the year 2020.  The Selectmen discussed the items listed and the multiplication used for the recommendations.  Mr. Tryon felt the lists would be helpful in drafting a 10-year priority list. 


Mr. Lynde further discussed calculations for reviewing current and future needs.  Ms. Casey noted the breakdown didn’t include basketball.  Mr. Tryon said the focus was on outdoor parks.  He noted the need for a community center. 


Mr. McDevitt asked Mr. Tryon to research how many teams a single field could accommodate.  Mr. Tryon said he would get the figures which show presently how many teams the fields could accommodate and the hours needed as well as future needs. 


Mr. Farris said there were two problems, a) Planning Board getting information to properly ask for the amount of land they would need, and b) the problem of the amount of fields needed now and in the future. 


Ms. Casey brought up the fact that the Planning Board didn’t have the information to know what to ask for when a developer presented a master plan.  She said a five-year master plan was needed.


Mr. Tryon said the most needed facility were ball fields, which include potential practice fields for soccer, football and cheerleaders.  He summarized by saying a priority was to find a short-term solution for playing fields, such as, 1) the construction of two all-purpose fields, and 2) lighting the present fields.  He felt that proper engineering studies of all the parks would be the best solution for long-term needs. 


Mr. Farris brought up his concern with the Warrant Article and felt it might inhibit changes to certain fields. 


Ms. Casey said that the School Board was more than willing to work with the Selectmen for the opportunity to enhance the Sherburne fields which would help solve some of the short-term concerns.  Mr. Tryon said that with Memorial School field down they may have to use the Sherburne field. 


Mr. Tryon handed the Selectmen a letter that was given to the Chairperson of the Recreation Advisory Board.  Mr. McDevitt reviewed and said it was relative to public access to the brook.  He said it would be taken under advisement for this meeting due to it brining up many questions.  Ms. Casey recommended that the letter be carbon copied to the Planning Board as well.  Mr. McDevitt suggested that a joint meeting be set up with all the Boards to discuss the issues. 


Mr. Farris said Park & Recreation was being pro-active in establishing a 5-year plan and was open to any feedback to help establish direction and advisement. 


Jericho Road Land Acquisition Project


Ms. Debbie Waters appeared before the Board to discuss the procedure for acquiring land (per RSA 36:A).  She said first, Conservation would have to approve the application; second, a discussion with the Board of Selectmen; third, a public hearing through Conservation; and last a final vote from the Selectmen.  She said their deadline was February 1, 2001 for Land Conservation Heritage applications.  She said they were seeking the Selectmen’s permission to move forward with the application for funding. 


Mr. McDevitt asked at what percent LCHP would cover.    Ms. Alicia Hennessey informed that they would cover a maximum of 50%.  She said the application would have to be in by February 1, 2001 and within two weeks they would have an answer back.  She said they were seeking a letter of support from the Selectmen.


Ms. Diane Wolven, 35 Jericho Road, said the parcel was approximately 40-50 acres, and her house is close to the road.  She said there was a big field, some water (which includes a pond) and a lot of animals.  She said the Tennessee gas line extends to the back of the land and they would be returning in the Spring to add a larger line.  Ms. Wolven said she wanted to see her land preserved for wildlife, and did not want to see it developed.  She said she had received offers to develop the land, but had turned them down.


Mr. Farris confirmed that they were going to try to receive 50% through the grant.  Ms. Hennessey said at the maximum.  Ms. Waters said they would receive more points if they asked for a lower percentage.  Mr. Farris asked what would happen if the grant came through with only 25%, and the money collected was short of the purchase price.  Ms. Hennessey said there was still a balance of $85,200 in Conservation’s budget as of last week.  Mr. Farris confirmed that they had contingencies to purchase. 


Mr. McDevitt wanted to clarify that the basis on the grant request would be on the open space amount of $90,000, not the development value of $190,000.  Ms. Waters explained the application and how it was to be filled out.  She wanted to point out that under the Regional Environmental Program, they were asked to evaluate what the open space needs were for the Town.  She said there were five properties listed, one of which was Ms. Wolven’s property.  She said at this point they needed permission from the Selectmen to apply for the grant even though approvals were not in place.


Mr. Farris wanted  to note that the parcel was a developable parcel with up to twelve lots. 


MOTION:           (Lynde/Casey) To give authorization to apply for a matching grant from the Land and                                     Community Heritage Fund for the parcel.


VOTE:                 (5 - 0 - 0) The motion carries.


MOTION:           (Lynde/Casey) To provide 1)  a letter of support to the National Building Commission                                  supporting the acquisition of the land, which would provide support for the project.


VOTE:                 (5 - 0 - 0) The motion carries.




Highway Truck Warrant Article


Mr. Pitts said there were two wording versions of the Warrant Article, Mr. Lynde’s, and his own.  He asked the Selectmen to review and possibly reconsider.


There was a brief discussion regarding the wording of the two Warrant Articles.  Mr. Pitts informed that Counsel said the total price had to be listed. 


MOTION:           (Hardy/Lynde) To reconsider the Highway Truck Warrant Article.


VOTE:                 (5 - 0 - 0) The motion carries.


MOTION:           (Hardy/Casey)  To adopt the Warrant Article with the addition of the words:  “of                                             $57,663.80” to the forth line.


VOTE:                 (5 - 0 - 0) The motion carries. 


Municipal Building Capital Reserve Fund change of purpose


Mr. Pitts informed that Mr. Lynde requested Counsel to rule as to whether the word ‘modify’ or ‘change’ should be used.  He said Counsel informed that either word could be used.


MOTION:           (Lynde/Casey) To reconsider the Warrant Article.


VOTE:                 (5 - 0 - 0) The motion carries.


MOTION:           (Lynde/Farris) To delete the word ‘change’ and replace with the word ‘modify’. 


VOTE:                 (4 - 1 - 0) The motion carries.  Mr. Hardy voted no. 


Waste Management Proposal


Mr. McDevitt informed that in a discussion that morning, he was told by Mr. Patrick Griffith that it wouldn’t be possible for him to provide the numbers this evening.  Mr. McDevitt discussed the options and asked if the Board could meet December 20, 2000 for a brief meeting.  There was a brief discussion and it was decided to hold a special meeting December 20, 2000 at 7:30pm. 




Budget Reconsideration


Mr. McDevitt informed that Ms. Sue Hovling of the Senior Center was honored to receive a letter inviting her to be the New Hampshire delegate to the National Institute of Senior Centers.  He said that she had not budgeted for the $3000 to attend two national conferences and she has asked the Selectmen to reconsider her budget to insert the cost in it. 


Mr. Pitts said that Ms. Hovling’s intention would be to solicit grants for future years. 


MOTION:           (Hardy/Casey) To reconsider the Senior Center’s budget.


VOTE:                 (5 - 0 - 0) The motion carries.


MOTION:           (Hardy/Casey) To insert the appropriate line item of $3000. 


VOTE:                 (5 - 0 - 0) The motion carries.




Mr. Pitts informed that Mr. Bruce Mason attended the Northeast  Resource Recovery Association meeting December 13, 2000.  He said that during the meeting they informed that metal prices were down.  He said the CRT disposal was discussed and New Hampshire was working on regulating.  Mr. Pitts informed that the Fire Department conducted a live fire burn which was a successful training session.


Ms. Casey informed that the Planning Board would hold three meetings, January 3, 4 and 18, 2001.  She said that the Helicopter/fixed wing petition was not recommended by the Planning Board. 


Mr. Farris said during the last Park and Recreation meeting there was a discussion regarding the master plan.  He said that they would move forward based on input from the Selectmen this evening.


Mr. McDevitt informed that there would be no Selectmen’s meetings on December 26, 2000 or January 2, 2001.




MOTION:           (Hardy/Farris) Request for a non-public session per RSA 91-A:3, II,a and e.


ROLL CALL:     Mr. McDevitt-Yes; Ms. Casey-Yes; Mr. Hardy-Yes; Mr. Lynde-Yes; Mr. Farris-Yes


Mr. McDevitt noted that when the Board returns, after the non-public session, the Board would not take any other action publicly, except to, perhaps, to vote to ratify one or more union contracts and to seal the minutes on the non-public session and adjourn the meeting.  The Board entered into a non-public session at approximately 8:45 p.m.   Also present was Mr. Pitts.


The Board returned to public session.


MOTION:           (Hardy/Casey) To ratify the police union contract.


VOTE:                 (5 - 0 - 0) The motion carries.


MOTION:           (Hardy/Farris) To ratify the support staff union contract.


VOTE:                 (3 - 2 - 0) The motion carries.


MOTION:           (Casey/Hardy) To seal the minutes of the non-public session indefinitely.


VOTE:                 (5 - 0 - 0) The motion carries.




MOTION:           (Casey/Farris) To adjourn the meeting.


VOTE:                 (5 - 0 - 0) The motion carries.


The meeting was adjourned at 9:46 pm.


                                                                                          Respectfully submitted,


                                                                                          Charity A. L. Willis

                                                                                          Recording Secretary