March 25, 2003

APPROVED – April 8, 2003






Mr. Harold Lynde, Mr. William McDevitt, Mr. Richard Derby, Mr. Jean-Guy Bergeron,

Mr. Victor Danevich


Also present:



Mr. Tom Gaydos, Town Administrator, members of the press and general public.




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




March 4, 2003



(Derby/Bergeron) To approve the March 4, 2003 meeting minutes as amended.




(4 - 0 - 1) The motion carries.  Mr. Danevich abstained.


The changes to the minutes were as follows: page 7, 3rd paragraph, 3rd line - the word ‘intended’ shall be changed to the word ‘intent’; the ending times shall be added.


March 18, 2003



(Derby/Bergeron) To approve the March 18, 2003 meeting minutes as amended.




(5 - 0 - 0) The motion carries. 


The changes to the minutes were as follows: under Municipal Building the amount for repairing and replacing faulty valves shall be corrected to read $2,888; the ending times shall be added. 




Mr. Raymond Belleville, 176 Marsh Road said he received a letter from the Department of Environmental Services (‘DES’), dated March 10, 2003, which informed that Mr. Bergeron’s junkyard did not comply with the 90-day requirement to have monitoring wells dug.  A 30-day extension had been requested by Mr. Bergeron, which was denied by DES.  Mr. Belleville said that the DES hired Westin Solutions to investigate potential sources of MtBE contamination in the Marsh Road area.  It was determined by DES, through the work that was done that auto dismantling operation at 180 Marsh Road was the primary source to MtBE to ground water in the Marsh Road area.  Mr. Belleville felt that Mr. Bergeron should continue his business under a temporary license until the investigation was complete. 




Selectmen Liaison Assignments


Mr. Lynde read the list of Selectmen liaison assignments.  Mr. Danevich asked that consideration be given to appoint him as an alternate to the Planning Board (exofficio position). 


Mr. Lynde asked that Mr. Gaydos work with the CIP to stay informed.  Mr. Gaydos said that during the budget process a three to five year plan would be submitted by each department so that the Selectmen Representatives could bring it forward for Board of Selectmen review.  Mr. McDevitt asked that a copy of the CIP report be submitted to the Selectmen.  Mr. Danevich said the purpose of the CIP was for long-term planning over seven years to visualize tax rate impacts.  He said that major expenses could be tracked through the document.  He said just because an item was included in the CIP did not mean that it would automatically have a warrant article.  He reiterated that the CIP was a tracking document.  Mr. Lynde felt the Selectmen should be more involved in the planning aspects. 




Municipal Building


Scope changes - Mr. Gaydos had no scope changes for presentation.


Approval of Tree Donation Program - Mr. McDevitt handed out, and reviewed a plan showing the location of existing and proposed trees/bushes for the Municipal Center.  He said the intention was to set up a sustaining fund to care for the trees.  He said that the cost would vary, starting at $300.  He said the cost for a flat stone marker 12”x 6” would be included in the donation.  He said if the Selectmen approved of the donation program, the information would be placed on the Town website.  Mr. Danevich volunteered to add the information to the website.  Mr. Gaydos noted that donation checks should be made out to the Village Green Tree Fund. 


Mr. Bergeron confirmed that the fund would be for the maintenance of the trees.  Mr. Gaydos said that the company installing the trees would maintain for two years.  Mr. Bergeron asked if more trees could be added at a later date, and if so, would there be similar donation program.  Mr. Lynde said that the donation program did not set a precedent, but could be used as a guideline. Mr. McDevitt said that language could be added to the donation program language that specified additional trees could be planted in the future.  There were no objections to the suggested language addition.   





(McDevitt/Bergeron) To authorize the establishment of the Village Green Tree Fund for the purpose of accepting donations in various amounts, the money is to be set aside for future maintenance and/or replacement, and/or add ional trees to the Village Green.  Donors will be recognized with a stone marker.  




(4 - 0 - 1) The motion carries.  Mr. Derby abstained.


Village Green roadway - Mr. Gaydos said that the roadway accessing the Municipal Center and Library would need to be named.  It was understood that a public hearing would be needed. 


Planning Department changes - Mr. Gaydos said that the Planning Department had been designed as open-concept, but the architect felt that the space needed to be broken up, so pillars had been added.  He said after further discussion with the people utilizing the area, the feedback was to remove the pillars so that the layout of desks could be shifted if desired in the future.  Mr. Gaydos said that the removal of the pillars would be easy, since they were roughed in, and not yet had sheet rock installed.  He felt the removal would be minor, but awaited the figures for removal.  Mr. Bergeron asked if there was a way to divide the employees if the pillars were removed.  Mr. Gaydos said the desks were organized for traffic flow, but could be adjusted into a different configuration.  He said the pillars would prohibit the adjustment of the desks.  Mr. Gaydos would discuss with the Selectmen further once the costs were determined. 


Miscellaneous - Mr. Gaydos said that the Town inspectors had provided comment regarding the building and all appear to be satisfied. 




Discussion of ongoing site development review - Escrow Accounts - Inspections


Mr. Gaydos said that the warmer weather brought construction, which affected the Planning Department, and further the third party review.  He said that developers place money into escrow accounts, which specifically pays for the review of specific tasks within their development.  He said that the Planning Department staff was diligently providing answers to developers regarding their accounts.  He said Planning Department has indicated to developers, while the accounts are being reviewed for deficiencies/outstanding questions, deposits should be labeled for future work only, so continued inspections could occur.  He said that some developers have indicated that they would pay, but had not yet done so.  He asked the Selectmen how the Planning Department should proceed.  Mr. Lynde confirmed that the ongoing investigation was to determine what monies had been paid, and for which projects.  He said there were ongoing projects that needed verification through third party review.  These are funded by escrow accounts that need additional funds.  Mr. Gaydos answered yes. 


Mr. Gaydos said the Planning Director meets with the Town’s engineering company to determine what costs and inspections would be needed within each phase of developments.  He said the Planning Director then writes a letter to the developer indicating the current assessment of funds, and what is needed to be deposited into the escrow accounts.  He said if developers have questions regarding their escrow account status over the past few years, they are informed that it is currently being reviewed.


Mr. Danevich said that the Planning Board had been discussing escrow accounts for the past few years.  He said it was unclear what benefit the Town had by maintaining an escrow account.  He said in other communities developers contracted with engineering firms directly.  He pointed out that over the past three months escrow account handling had consumed the staff members of the Planning Department.  Mr. Lynde said one concern was having the developer hire the person reviewing their development.  Mr. McDevitt said that procedure could be set up so the Town could be comfortable with the developers hiring the engineering firms.  He said a possibility would be to have three engineering companies, and require the developers to rotate who reviewed their developments. 


The Selectmen discussed further the current situation.  Mr. Danevich informed that per state law, a building permit within a bonded subdivision could not be held up.  He noted that a certificate of occupancy could be held.  He said if a developer was continuing work without inspections, it was work done at risk because an inspector could ask him to return to an inspection point.  Mr. Lynde said the problem with holding a certificate of occupancy was that the developer would not be hurt, but the people buying the lot would end up being penalized.  Mr. McDevitt suggested that Mr. Gaydos seek opinion from legal.  Mr. Lynde wanted to know if a property lien could be placed so a buyer would be aware of any problems.  Mr. Gaydos will seek counsel’s opinion and report back to the Selectmen. 


Discussion of bench donations - postponed

Discussion of fence donations - postponed


RFP for engineering services


Mr. Lynde informed that the Planning Board had drafted an RFP for engineering services that was under review.  He said if the Selectmen had any comments they should be submitted.  He said there may be a need to have more than one engineering firm, since certain firms have specific specialties.  Mr. Danevich reviewed the document (drafted by Planning Board member Robin Bousa).  He suggested that there had been discussion regarding splitting the up front planning review, and the inspection services.  He said a current void was wetlands review, which may require a third firm.  Mr. Gaydos was under the impression that the current firm reviewed wetlands.  Mr. Danevich informed that the current firm had not provided wetland information to the Planning Board.  There was a brief discussion regarding how plans had been reviewed in the past.  Mr. Lynde reiterated that comments should be submitted so that the Planning Board could work toward completion of the RFP.   




Mr. Gaydos said a situation had been brought to his attention regarding a tree in a cul-de-sac on Maple Drive.  It appears that a complaint had been received by a neighbor that the tree was dangerous.  After review, Highway Agent Don Foss indicated that it would be more efficient to eliminate the tree, versus the amount of time that would be spent trimming the tree.  Some of the neighbors wanted the tree to remain, some wanted the tree eliminated.  The Highway Agent has placed a sign on the tree warning of the dangers from falling limbs.  There was further discussion and it was agreed that a site walk should be done.  Mr. Gaydos will inform the Selectmen when he reviews the site. 


Mr. Gaydos said that he would be meeting with people from Windham to discuss input from the state regarding the Tallant Road Bridge.  He discussed the work to be done and the money that could be saved by eliminating the staged construction of the Tallant Road Bridge and the Castle Hill Bridge.  He said that he would discuss the matter with Windham and possibly set up an exchange for closing the bridge, by  improving a dangerous curve on the Windham side.  Mr. Lynde noted that the intersection at Mammoth Road and Castle Hill Road should be reviewed if traffic were increased because it had been a concern of the Planning Board during a previous subdivision review.  There was a discussion regarding the possible increased traffic.  Mr. Gaydos said that he would meet with Police Chief Haglund once he had a discussion with Windham. 


Mr. Danevich asked that the Audio-Visual for Sherburne Hall be added to a future adventure. 


Mr. Bergeron informed that the Regional Water District met last Thursday, and would meet again this Thursday.  He said that New Hampshire Senate would hold a hearing regarding House Bill 361 (water district) on March 26, 2003 in room 104 in the Legislative office building.  Mr. Lynde asked if all the towns adopted the resolution.  Mr. Bergeron believed that all the towns adopted the resolution, so far, his tally showed sixteen. 


Mr. Derby had no report.


Mr. McDevitt said that the Municipal Building Committee would meet at the Senior Center on Wednesday to discuss the Sherburne Fields.  He said members were still being sought after for involvement with a Sherburne Hall Committee.  Mr. McDevitt noted that the Police Department had already visited people regarding illegal ATV usage.  He suggested having the Police Chief and Mr. Bob Tryon meeting with the Selectmen to discuss what is permitted and what is not permitted for recreational vehicles.  He said there was a question regarding the number of signs on trails, he felt the Selectmen should revisit the issue.  Mr. McDevitt said that he and Mr. Derby had done a site walk on Mr. Lynde’s property and asked if it should be revisited.  Mr. Lynde asked Mr. Gaydos to add an agenda item for an upcoming meeting. 


Mr. Lynde reviewed the available positions on the various boards.  He discussed the agenda items for the upcoming meetings.   





(Derby/Bergeron) Request for a non-public session per RSA 91-A:3,II, a (Personnel)




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


Mr. Lynde 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 8:15 pm.  Also present was Mr. Gaydos.


The Board returned to public session at approximately     pm.




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




(   ) The motion carries.






(    ) To adjourn the meeting.




(    ) The motion carries. 


The meeting was adjourned at approximately    pm.

                                                                                          Respectfully submitted,


                                                                                          Charity A. L. Willis

                                                                                          Recording Secretary