Paul Shambroom, MEETINGS SERIES / New-Hamp,-Lee
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Lee, New Hampshire (population 4,145) Board of Selectmen, January 27, 2003 (L to R) Dwight Barney (Chairman), Joseph Ford, Richard Wellington
(#3813/8-9) 2003, Archival pigmented inkjet on canvas with varnish, 33X66 inches


JANUARY 27, 2003

Board members present: Dwight E. Barney, Chairman; Richard H. Wellington and Joseph P. Ford.

Others present: Elaine A. Gauthier, Town Administrator; Seth Peters; David Cedarholm, Chairman of the Advisory Water Resources Committee; Jay Grumbling, Advisory Water Resources Committee member; Ted Diers, representative for the Office of State Planning - New Hampshire Coastal Program; J. Phillip Stetson; Joseph Lombardo, Fire Chief; John & Judy MacDonald, owners of Lee USA Speedway; Peter Watson, General Manager of Lee USA Speedway; Lisa Morin, Librarian; Chet Murch, Police Chief; Paul Shambroom, Minnesota Photographer and Donna F. Eisenhard, Town Secretary.


Paul Shambroom, an artist/photographer from Minnesota whose work has appeared in the Museum of Modern Art in New York, the San Francisco Museum of Modern Art and many others, was present to take several photographs of the Selectmen at work. Mr. Shambroom presented a letter of introduction and stated he is working on a long-term project photographing government meetings throughout the United States from the Federal level to the smallest village council and neighborhood group. He said it is a study of representative democracy in action and, to date, he has photographed over 135 towns across the country. These photographs will eventually appear in museum exhibitions and (hopefully) a book. *Note: A copy of Mr. Shambroom's letter of introduction becomes a permanent part of these minutes.


1. Chairman Barney called the meeting to order at 7:30 p.m.

2. Manifests presented were reviewed and authorized for payment. (Manifest #29 for 1/17/03 totaled $43,234.85 and Manifest #30 for 1/24/03 totaled $27,216.52.)

3. Approval of Minutes - Selectman Wellington made a motion to accept, as amended, minutes from the January 13, 2003 Regular Session. Selectman Ford seconded. Chairman Barney called for a discussion. There being none, Chairman Barney called for a vote. Motion passes.

4. Correspondence to the Board:

A. Strafford County Delegation, Chairman Frank Callaghan and Strafford County Commissioners Maglaras, Chagnon and Schroeder, dated January 17, 2003, re: Proposed Operating Budget and Capital Improvement Bond Request for 2003. File: with these minutes.

B.   Town of Lee, received January 16, 2003, re: notice of Public Hearing for Lee
USA Speedway. File: With these minutes.

C.   Primex, Director of Member Relations Thomas E. LoPizzo, dated January 21,
2003, re: Workers' Compensation Program invoice for 2003 in amount of $10,946.46
and notice of Return of Contribution in amount of $3,088.54. File: With these minutes.

D.  Rep. Marjorie Smith, dated January 22, 2003, re: State Aid to Cities, Towns
and School Districts. File: With these minutes including copy of response letter.

E.     State of New Hampshire, Department of Environmental Services, Acting
Commissioner Robert Monaco, dated January 23, 2003, re: appointment of Eileen Miller
for 3-year term on the Lamprey River Advisory Committee. File: with these minutes.

F.     State of New Hampshire, Department of Environmental Services, Acting
Commissioner Robert Monaco, dated January 23, 2003, re: appointment of Sharon
Meeker for 3-year term on the Lamprey River Advisory Committee. File: with these

G.     State of New Hampshire, Department of Environmental Services, Acting
Commissioner Robert Monaco, dated January 23, 2003, re: appointment of Joseph P.
Ford for 3-year term on the Lamprey River Advisory Committee. File: With these

H. Citizens for New Hampshire Land & Community Heritage, dated January 9, 2003, re: Town Meeting or Council Resolutions in Support of the New Hampshire Land & Community Heritage Investment Program (LCHIP). File: With these minutes.

5. Department Head Reports:

A. Librarian Lisa Morin met with the Board and presented a handout of Lee Public Library News to date which included circulation statistics for the first half of the Fiscal Year. Mrs. Morin stated the library's catalog is now available for access via the Internet. Patrons can now search for books by subject, author and titles and renew and reserve books on-line. They will still have to personally visit the library to pick up the books, however.

She said the free Community Holiday Concert at Jeremiah Smith Grange Hall on December 13th was a big success with 85 attending. The Friends of Lee Library recently purchased a boombox so that music can now be incorporated into Storytime programming as well as $800 worth of reference materials for the library's collection. On February 1st at 10:30 a.m., author Cary Armstrong-Ellis who wrote the book "Prudy's Problem and How She Solved It" will visit the library, read aloud from her book, answer questions and be available for book-signing. Storytimes for toddlers and preschoolers continue to be popular and the after school program for ages 6-10 resumes after the first of the year. There is also a 5th and 6th Grade book discussion group.

This year the library will be collaborating with Mastway School in celebrating "Read Across America" in February and early March and the library will host its own "Read Across America" celebration with a Dr. Seuss Birthday Party on March 1st featuring guest readers, activities and cake. On Tuesday, March 18th, Mary Moynihan & Sylvia Foster will present an overview of the New Hampshire Women's Oral History Project with interviews with two Lee residents. She continued by saying on March 22nd, Master Gardener Carl Deame will return to present a seed-starting workshop in time for Spring. A copy of Mrs. Morin's handout becomes a permanent part of these minutes.

B. Fire Chief Joseph Lombardo met with the Board and presented a Memo of Lee Fire Department Update. He stated the department has responded to 31 calls for assistance in 2003.

Chief Lombardo said that Firefighter Jeff Brown resigned and accepted a new job in North Carolina. This leaves the town with two people who could respond, Lt. Mark Kustra and Firefighter Warren Hatch and Mr. Hatch's availability is dependent upon the Lee Highway Department for whom he works. Chief Lombardo said he is looking for ways to ensure the town is covered but it may mean going to full-time in the near future. He will begin by looking at his budget first and seeing if someone part-time could ,be hired. He informed the Board that Firefighter Ken McAdams is working on a recruitment campaign and will place a flyer in the next edition of the Lee Town Crier newsletter. He said there are 29 people in the department with 17 active and 2 of those will be leaving shortly.

Marion Body Works will deliver the new chassis for the Rescue Truck in the next 2-3 weeks and then body construction will begin and the new unit should be ready by late May or early June.

Thanks to an anonymous donation of $2,000.00, the department recently purchased a new AED (automated external defibrillator). The department's share of the cost was $500.00.

The six firefighters who recently completed the NHMA CDL driver training program also received their Class B licenses with a "tank endorsement" which is very important. A copy of Chief Lombardo's handout becomes a permanent part of these minutes.

C.     Town Administrator Elaine Gauthier informed the Board that Linda Pandolfi
from the New Hampshire Municipal Association will be at the February 24th Selectmen's
Meeting to speak about the methodology and process for performance evaluations prior
to presenting a workshop on same.

Miss Gauthier presented exemption applications for the Board's review. The Board approved an Elderly Exemption for PID#10-05-0065 - Richard Lavin, a Veteran's Exemption for PID#10-05-0040 - Patricia Keator and a Blind exemption for PID#28-05-0200 - Donald Burbank.

Miss Gauthier requested Board signatures on the letter of response to Representative Marjorie Smith thanking her for her information on State Aid to Cities and Towns.

Miss Gauthier asked if the Board wished to support the LCHIP (Land & Community Heritage Investment Program) with a Town Warrant Article. The Board voted they did and Miss Gauthier stated she would see this is done. Said Article to state, "To see if the town will vote to send the following resolution to the New Hampshire General Court: Resolved, in its first two years of operation, the Land and Community Heritage Investment Program (LCHIP) has helped communities throughout New Hampshire preserve their natural, cultural and historic resources and, therefore, the state of New Hampshire should maintain funding for LCHTP in its next biennial budget."

D.    Police Chief Chet Murch met with the Board and asked for permission to
close the office at the Police Station for one hour tomorrow so personnel could attend the
funeral of Officer Christina Cornell's father who passed away. The Board granted

Chief Murch reported he attended a Smallpox Vaccine Meeting yesterday and two sites have been chosen at which to administer the vaccine if required, however, no one spoke with area police or fire personnel as to how this will happen. He learned that buses would come to Lee and transport people to the unspecified site with FEMA taking care of any expense involved. However, he stated, no plan has been formulated as to how people will be transported along the route or how traffic will be handled and such. He felt area Chiefs should be invited for discussion before any plan is implemented in order to facilitate smooth operation.

Chief Murch informed the Board he met new Strafford County Sheriff Wayne Estes at a recent meeting. He said it was a very positive meeting. He also stated Lee is the last town to be accepted by Strafford County Dispatch without a large financial commitment. He said his department will be digital on Friday having changed to Strafford County for dispatch services.

6. Selectmen's Report on Planning Board Meeting:

A. Chairman Barney reported the consultation for the development on the Yurka property continues with the biggest issue being where to put the road. Forty houselots are proposed to begin with.

7. Old Business:

A.   Walter Cheney Jr. failed to appear for his meeting with the Board, however,
Mr. Peters, who was present, asked the Board where they stood insofar as lowering Old
Mill Road. Chairman Barney stated that currently the Board is not unanimous in
agreeing to the lowering. The Town's attorney is currently reviewing this matter and then
will render an opinion, however, he is currently very busy with easements. Until he has
the time to render an opinion, no decision will be made until then. As soon as an opinion
is rendered, then the Board will get back to Mr. Peters and Mr. Cheney. Mr. Peters was
also reminded that, should they wish to take the Petitioned Warrant Article route at Town
Meeting to resolve this matter, then the deadline was February 4th to submit the petition.

B.  David Cedarholm, Chairman of the Advisory Water Resources Committee and
Ted Diers, representative for the Office of State Planning - New Hampshire Coastal
Program met with the Board to discuss a project started by Laura Simmons in North
Hampton. North Hampton was having a problem with water and has a moratorium
because of drought, wells turning saline and development on the coast drawing so many
gallons. They have instituted a water ban and it is quite serious. Ms. Simmons called the
United States Geological Survey people and asked "Where's our water and where is it
going?" Because a study is very costly, it was suggested that if more towns could be
included and the costs shared, this might make the study feasible. Mr. Diers presented a
handout of the Project Study Area and Project Budget. He said water in this area flows
from Candia down to the sea however, bedrock actually flows perpendicular to normal
water flow. There is only one monitoring well in the state and it is in Lee, not in bedrock
and goes dry every year. So, he continued, the plan is to get a lot more information
about water in the state. He said the study includes surficial geology maps, a regional
monitoring well database, creation of a regional monitoring, well network and
streamflow monitoring network, a plan to do water use investigation, a plan to do a
regional water availability estimation and seacoast groundwater flow simulation. Project
total would be $1,536,642.00. He said he has a draft Warrant Article as well as a list of
towns who have pledged or already paid. He was asking for $5,000.00 from each
community but it buys a 1.5 million dollar study. Mr. Cedarholm stated that any survey
that Lee does would be given to them, compiled and then returned to Lee in usable form.
Also, Mr. Diers said he learned that Strafford Regional Planning Commission has also
formed a Water Resources Committee. After some questions from the Board were
answered, the Board agreed they were in favor of joining the study. It was also suggested
that large water companies like USA Springs might be coaxed into contributing to the
study as they were large water withdrawers in the area.

B.    Chairman Barney informed the Board that, at his request, CMA Engineers
completed the modifications to the AUR requested by the New Hampshire Department of
Environmental Services in their October 22nd letter to the town. Said AUR can now be
submitted to NHDES for approval. Once NHDES approval is received, the AUR and
Plan will need to be recorded with Strafford County. Also, per Chairman Barney's
request, CMA will not bill the town for completing this work. A copy of the e-mail from
CMA and modified AUR become a permanent part of these minutes.

C.   Jay Grumbling asked for a progress report on his Easement. The Board stated
they found no problems with the document so it could be given to the Attorney for

D.    Miss Gauthier reminded the Board that they must complete the Coalition
Ballot and return it by February 7th. She received an e-mail from Mr. Asselin
encouraging them to do so. A copy of the e-mail and ballot become a permanent part of
these minutes.

8. New Business:


Chairman Barney opened the Public hearing at 8:00 p.m. John and Judy MacDonald, owners of Lee USA Speedway and Peter Watson, General Manager, met with the Board. A tentative schedule was presented with Mr. Watson stating the April 19th Racer's Swap Meet had been cancelled.

Selectman Ford asked about the new event in which 13-17 year olds would be racing. Mr. Watson said it is not an event but a division. This means they would be doing it on a regular basis rather than just one time. He said the racetrack is taking every measure towards safety and they also have adequate insurance coverage. Each driver will be in radio contact with the pitmaster at all times as well as having a personal mentor to help them. This ensures that if they are traveling too fast or doing something else they should not be that may be a danger to others, they can be corrected. He said the vehicles would be trucks with 4-cylinder engines and not travel very fast. This program was initiated in order to train drivers to be better and safer before they reach 18 and step into the more advanced race cars.

Chief Lombardo said he had some questions about this division but they were answered. He also reminded Mr. Watson that the sub-contractor who will be selling fuel at the racetrack may only do so during racing events and must have liability insurance.

Chairman Barney asked if Police Chief Murch had any concerns. Chief Murch said he did not.

Chairman Barney then asked about the travel trailers which were previously on the property in violation of the Racetrack Ordinance. Mr. Watson said that all occupied trailers had been removed except for a couple of junkers.

Chairman Barney asked if there were any noise complaints. Both Chief Murch and Chief Lombardo stated they had not received any. Chairman Barney said that normally he receives one or two but had not received any last year. He commended the racetrack for doing a commendable job of lessening the noise that comes from there. Mr. Watson said they have quieted down their own class of cars all around however, the Super-Modifieds have not done that yet. Chairman Barney noted that there seems to be less Super Modified races. Mr. Watson said those type of cars are more costly and with the lower divisions, the cost is not as great which means the less people spend then the more they can participate in the sport.

Town Secretary Donna Eisenhard showed those present the amended Racing License she drafted which would include the year at the top in large letters (as previous licenses did not) and said it would also now be two pages, so indicated on the first page. The two-page license would be to facilitate signature lines and dates for the inspections which will be done by the Code Enforcement Officer, Police Chief and Fire Chief. Miss Gauthier said the license would not be signed tonight as town officials will need to do their inspections first and sign off on the license before the Board would sign it. Chief Lombardo said it would be Spring before any inspections could be accomplished.

Chairman Barney asked if there were any other questions or concerns. As there were not, Selectman Wellington made a motion to accept the racing schedule as presented. Selectman Ford seconded. Chairman Barney called for a discussion. There being none, Chairman Barney called for a vote. Motion passes. A copy of the Racing Schedule and the January 14th letter from Town Administrator Elaine Gauthier to Mr. MacDonald outlining the requirements for the added division and fuel dispensing vendor becomes a permanent part of these minutes.

Chairman Barney closed the Public Hearing at 8:17 p.m. and the Board returned to normal business.

9. Selectman Wellington made a motion to enter into Non-Public Session. Selectman Ford seconded. Chairman Barney polled for a vote: Wellington-aye; Ford-aye; Barney - aye. Motion passes. The Board entered into Non-Public Session at 9:23 p.m. The Board exited Non-Public Session at 9:45 p.m. and re-entered Regular Session.

10. There being no further business, the meeting was adjourned at 9:46 p.m.


Minutes recorded by:

Donna F. Eisenhard, Town Secretary


Mintues accepted by:

Dwight E. Barney, Chairman

Richard H. Wellington

Joseph Ford


Town of Lee

Board of Selectmen