May 21, 2002

APPROVED – May 28, 2002






Mr. Greg Farris, Mr. Hal Lynde, Mr. William McDevitt, Mr. Jean-Guy Bergeron, Mr. Richard Derby


Also present:



Mr. Pat MacQueen, Interim Town Administrator, members of the press and general public.




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




May 14, 2002



(Derby/Bergeron) To approve the May 14, 2002 minutes as amended.




(5 - 0 - 0) The motion carries.




Fire Chief Fisher met with the Selectmen.  He said that the Fire Department had received an offer for a donation of an amphibious boat (hovercraft) that would be beneficial to the department.  He asked that the Selectmen begin the process for accepting the donation.  Mr. MacQueen will schedule a public hearing for the next Selectmen’s meeting.




Inspection role clarification - Fire Chief Dave Fisher, Roland Soucy & Tom Ryan


Fire Chief Fisher, Mr. Roland Soucy and Mr. Tom Ryan met with the Selectmen.  Mr. Soucy began by explaining that he was in the process of changing the review process for applications of building permits, which would include a check-off section for the Fire Department.  He said that the applicant would be responsible for running the application to the necessary departments.  Mr. Soucy said that currently complaints/violations were being submitted to various departments.  He asked that a system be created so that the Planning Director had an opportunity to review the complaints/violations and determine which department they should be directed to for proper handling. 


There was a brief discussion regarding zoning enforcement and which department Mr. Ryan would work from.  Mr. Soucy’s impression was that Mr. Ryan would help out with zoning, not take it over.  Chief Fisher believed that Mr. Ryan would be under the Fire Departments jurisdiction.  He was not aware that the priority was zoning.  He believed that the position would be doing code enforcement, and reviewing cases that had been in existence, such as automobile business issues.  He believed that the building inspection issues were items to be reviewed at a later time.  Mr. Soucy said that the automobile issues fell under zoning enforcement, which is where the help was needed.  Mr. Lynde believed that the term code enforcement was used, but the area that needed help was zoning violation issues.  Mr. Soucy said that zoning fell under planning.  Mr. Lynde suggested that the new Town Administrator sort out how the position is to be administered.  Mr. Soucy reiterated his belief that someone, such as the Planning Director should review the violations and allocate to the proper person for response.  Mr. McDevitt said that the Warrant Article described the position and would like to see the new Planning Director, Town Administrator and Fire Chief work out the job description. 


Mr. McDevitt said that it would be nice if when fire inspections were being done that the file be reviewed for any zoning violations.  Chief Fisher also felt that when code issues were viewed during fire inspections that Mr. Soucy could be contacted, as well as the other Town inspectors.  Mr. McDevitt said he would like to schedule a meeting to discuss some of the outstanding issues. 


Chief Fisher said that Mr. Ryan had started going to all the business operations in Town and provide them with an updated review.  He said that notifications were being given as well as a time frame in which to correct any problems.  The Chief said that Mr. Ryan was doing a great job and had a good understanding of the direction the Town was going in. 


Mr. Farris agreed that having one central location for complaints/violations was a good idea so that there would not be a duplication of efforts. 


Mr. Ryan said that he was serious about his job and wanted to ensure that nothing was overlooked. 


Zions Bank


Ms. Susan Winshall, Zions Bank met with the Selectmen to give information about Zions Bank.  She said that Zions Bank was a 24 billion-dollar, publicly held bank based in Salt Lake City, Utah.  She said that she and her colleague handle capital markets and public finance for the Bank and had a full underwriting desk for public offerings.  She said that she had been in contact with the John Stark School district and were aware of the SB2 issue.  She informed that John Stark had been in touch with the Bond Counsel Firm of Nixon, Peabody and received an unqualified opinion from them, which lead Zions Bank to be comfortable in proceeding with general obligation bonds for SB2 towns.  She discussed the other towns that Zions Bank would be working with involved with the same SB2 dilemma.  Ms. Winshall also discussed the type of financing Zions Bank would be able to provide.  She spoke of the interest rates, which were not capped, but were tied to the Seattle Homeloan Bankboard Index.  She explained that the interest rate for years one through ten would be fixed, but that the interest rates would be subject to reset every five years, beginning in year six.  She said that she could provide a schedule that further explained how their structure worked.  Ms. Winshall then explained that the RSA’s provided that in any given year, the debt service payment (principal and interest) could not increase to another year, more than 2% of the principal value of the bond issue.  She said that her firm was prepared to work within the law. 


Mr. Farris would like to review a spreadsheet that laid the payments and years out.  Ms. Winshall said she could fax a schedule for review. 


Mr. Lynde said the Town had minimum debt and wanted to know how Zions Bank would evaluate the Town.  Ms. Winshall believed that the Town had good credit based on statistics Mr. Lynde provided.  Mr. Lynde discussed public offerings and if Zions Bank would consider it.  Ms. Winshalll said they would and discussed the process. 


Mr. Farris asked what the appeal time would be for the Supreme Court.  Mr. MacQueen said the appeal time went until about July 25, 2002.  There was further discussion regarding how long the Supreme Court may take to hear the case, if it were to move forward.  There was further discussion regarding the possibility of proceeding with a public offering.  Ms. Winshall said she would e-mail information based on 5.6 million loan over twenty years.  Mr. Farris asked that the information be sent so that the Selectmen could review at the next meeting.


Coombs Junkyard License Application


Mr. Bergeron stepped down.


Mr. Norman Coombs and Ms. Joyce Coombs met with the Selectmen and informed that their surveyor had completed the research and would need a couple weeks to provide a sketch.  Mr. Farris noted that the Selectmen had received comments/requirements from Mr. Roland Soucy, Fire Chief Fisher and Mr. Paul Zarnowski. 


Mr. Soucy said he had not been back to the property since he sent his initial letter.  He noted that approximately half the operation was located on Town land.  Fire Chief Fisher said he had gone to the property last week and most of the requirements had been taken care of.  He said the Coombs did a tremendous job with cleaning the property, and that there were only a few tires left to be removed.  He said that the cars had been removed and he had been provided with letters from the removal companies that handled hazardous materials.  Mr. Farris said that Mr. Soucy had suggested that the Coombs have 30-days to process his requests. 


Mr. McDevitt noted that he spoke with Mr. William Hayes, who never initiated a telephone call to Maynard and Paquette (surveying company), but had provided copies of pages from deeds.  He said he interest was the fact that he had been appointed onto the Raymond Park Advisory Committee and was therefore a representative of the Town.  Mr. McDevitt reviewed the history of the Coombs application and was unsure that a survey would be provided if the timeframe was further extended. 


Mr. Lynde reviewed the issues as noted by Chief Fisher, Mr. Zarnowski and Mr. Soucy and the fact that each issue could be addressed.  He said Mr. Soucy suggested that the Coombs remove all the items located on what was believed to be Town owned land until the plot plan was complete.  Mr. Farris suggested if the terms Mr. Soucy laid out were to be accepted that a 90-day extension be granted, contingent that within 30-days the items on Town land be removed and that the surveyor would contact Mr. MacQueen confirming that the plot plan would be forthcoming.  There was a brief discussion regarding Mr. Farris’ suggestion. 



(Lynde/Derby) To grant a 90-day temporary license contingent upon the following conditions to be met within 30-days: 1) all material will be removed back from the land identified by Mr. Soucy and reviewed by Mr. Coombs; 2) concerns of Fire Chief Fisher, Roland Soucy and Paul Zarnowski be taken care of per the attached letters; 3) plot plan will be submitted to the Town.




(3 – 1 - 0) The motion carries.  Mr. McDevitt voted no.  Mr. Bergeron had stepped down. 


Mr. Bergeron returned to the Board.


Mr. Farris read aloud a statement submitted by Mr. William Hayes that addressed Mr. Hayes’ relationship to the Town in regard to Raymond Park. 




Town Clerk/Tax Collector Pay


Mr. MacQueen said that last year the Deputy Town Clerk/Tax Collector had received her pay, plus a stipend of $8,096.60  He said the Selectmen had set a salary of $41,200, but because the Deputy had since received a raise the stipend would end up being reduced to $6,675.79, unless the Selectmen decided to keep the stipend an absolute figure at $8,096.60.  The Selectmen discussed the issue and what figure should be paid.  Mr. Lynde said that the Town had budgeted for both a Town Clerk/Tax Collector as well as for a Deputy.  He said it would not be budgeted the same way next year.  Mr. Bergeron believed the position should remain at the salary budgeted ($41,200).  Mr. McDevitt felt the issue was paying the person holding the position the same stipend as they received the previous year.  He went on to make the following motion:



(McDevitt) To pay to the Town Clerk/Tax Collector (Ms. Dottie Marsden) a stipend of $8,096.60 in addition to the pay she would have received as Deputy Town Clerk/Tax Collector, that stipend to continue for as long as she holds the position or until April 1, 2003.




(3 - 1 - 1) The motion carries.  Mr. Bergeron voted no.  Mr. Derby abstained.  




Request for a stop sign


Mr. Farris said a request had been submitted and been reviewed by the Staff (f/k/a Safety Committee) to place a stop sign on the short section of Valley Hill Road.  The Staff recommended that the stop sign be added due to the increase in traffic in the area.



(McDevitt/Derby)  To approve the construction of a stop sign at the intersection of the short and large section of Valley Hill Road, as recommended by the Staff.




(5 - 0 - 0) The motion carries.


Request for Appointment to the Planning Board


Mr. Farris said that a request had been received by Mr. Bob Yarmo, Chairman, Conservation Commission that per RSA 36-A:3 he would like to be appointed to the Planning Board.  There was a brief discussion and it was decided to have Mr. MacQueen schedule a meeting with the Selectmen and Mr. Yarmo. 


Drainage issue - Honey Lane/Noela Avenue


Mr. Tim Fraize submitted a letter to the Selectmen regarding drainage issues on his property.  He was concerned with work not being done on Honey Lane/Noela Avenue and wanted to ensure proper construction was completed.  Mr. Lynde said he would discuss the issue with Mr. MacQueen and Mr. Clay Mitchell (Interim Planning Director).




Mr. MacQueen said the emergency stairs had been repaired and passed the fire inspection.  He reported that Mr. Jim Greenwood said the Adelphia rebuild was on hold for one week.  He asked that a system be implemented for the bill paying process for the Municipal Building.  There was a brief discussion and Mr. MacQueen will keep the bills on separate manifest for easy review.  Mr. MacQueen said that the Town currently did not have a custodian.  He has put the janitorial work out for bid and will bring them to the Selectmen for review.  Mr. MacQueen ended by saying that the Selectmen had adopted the lease/purchase of a Highway Department truck.  He said the leasing company needed a resolution of governing body form signed.  There was a brief discussion regarding who should be designated to sign the form



(McDevitt/Lynde)  To insert the words ‘Town Administrator’ onto the resolution of governing body form. 




(5 - 0 - 0) The motion carries. 



(McDevitt/Lynde) To adopt the amended resolution of governing body as requested by the Town Administrator in conjunction with the purchase of the Highway Department truck.  Mr. Don Foss shall sign the acceptance certificate. 




(5 - 0 - 0) The motion carries.  


Mr. Bergeron said that Mr. Bruce Mason informed that Mr. Bob Long and Mr. Larry Nesky would attend a mandatory seminar at Hampton’s transfer station May 23, 2002.  He said the fuel pumps should be completed by May 23, 2002.  He informed that the keys would be programmed after the pump computer was on line, which keys will generate reports for each department’s usage.  Mr. Bergeron said that the soils tests for the used oil area was completed and came back below quantilation. 


Mr. Lynde said that the Planning Board held a meeting.  He went on to review the agenda and what had been discussed.  He said that as part of the Planning Board’s new regulations they voted to modify the cul-de-sac length to 2400’ even though there had been unanimous public and staff opposition.  Mr. Lynde said he and Mr. McDevitt attended the awarding of a check to the Police Department in the amount of $172,000 as part of a gambling seizure at the Oasis Restaurant. 


Mr. Derby asked that an agenda item be added for the Town center traffic highway funds.


Mr. McDevitt said that the Selectmen should meet with DOT regarding the proposals for the Town center traffic study.  On the same subject, he said there should also be a meeting with NRPC.  He said that the Planning Board needed more data regarding neighborhood parks and felt that the Mr. Bob Tryon should meet with the Selectmen to discuss.  Mr. McDevitt asked that Mr. MacQueen review the agreement for cutting the grass at the Town Common.  He then informed that swamp mats were still at Raymond Park and would need to be removed.  He went on to say that the Selectmen should have a discussion with the Fire Chief regarding fire substations.  Mr. McDevitt said that Breadloaf reviewed the library design and was making good progress with the entire project.  He said there were still some issues to be addressed.


Mr. Farris said that there should be a discussion with the SAU regarding the purchase of Sherburne School.  Mr. McDevitt noted that Breadloaf had provided an updated schedule that noted some work would possibly begin in July.  Mr. Farris asked that the Selectmen think about how the budget review process should happen.  He was in favor of scheduling a one-day meeting as they did last year.





(McDevitt/Derby) Request for a non-public session per RSA 91-A:3,II,a, b & e (personnel & legal).




Mr. Farris-Yes; Mr. Lynde; Mr. McDevitt-Yes; Mr. Bergeron-Yes; Mr. Derby-Yes


Mr. Farris noted that when the Board returned, after the non-public session, the Board would not take any other action publicly, except to seal the minutes of the non-public session and to adjourn the meeting.  The Board entered into a non-public session at approximately 9:05 pm.  Also present was Mr. MacQueen, Interim Town Administrator. 


The Board returned to public session at approximately 11:09 pm.




(Lynde/Bergeron) To seal the minutes of the non-public session indefinitely.




(5 – 0 - 0) The motion carries.




MOTION:           (Lynde/Bergeron) To adjourn the meeting.


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


The meeting was adjourned at approximately 11:10 pm.


                                                                                          Respectfully submitted,


                                                                                          Charity A. L. Willis

                                                                                          Recording Secretary