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Select Board Meeting Agenda (minutes)

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Select Board – Regular Meeting 
September 3, 2026 – 6:00 PM 
Andover Town Hall – Meeting Room 
 
Members Present: Chairman Dana Swenson, Vice Chairman Les Fenton, Member 
Mark Cowdrey, Member Charlie Stewart, and Member Jim Delaney. 
Also Present: Town Administrator Don Sieburg (serving as recording secretary); 
Highway Department Supervisor Jeremy Cornell; Land Use Coordinator Jessica Rand; 
and Finance Assistant Cristy Perkins. 
Members of the Public: Fire Commissioner John McDonald, Jay Terceira and 
Christine Murray, Donna Crisp Duclos, Deb Hunter, Jeffery Dickinson, Sooze and John 
Hodgson, Susan Chase, Ricker and Lisa Miller, Janet Moore, and Jeffery Newcomb. 
Note: Town Clerk / Tax Collector Lisa Meier was not present; the Town Administrator 
served as recording secretary. 
I.  Call to Order / Roll Call 
Chairman Swenson called the meeting to order at 6:00 PM. Roll call confirmed all five 
Board Members were present. 
II.  Review of Agenda 
Chairman Swenson reviewed the agenda. The Town Administrator requested the 
addition of a New Business item seeking the Board’s approval of a vendor permit for the 
upcoming Andover HUB Market Days event. No other additions were requested. The 
Board noted that two non-public sessions were scheduled at the close of the meeting, 
both under RSA 91-A:3, II(a). 
III.  Review & Approval of Minutes 
August 6, 2026 – Regular Meeting 
The Town Clerk had incorporated the amendments previously suggested by the Board 
and reissued the draft. 
Motion: Member Stewart moved to approve the August 6, 2026 minutes as 
amended. Seconded by Member Cowdrey. All in favor. Minutes approved. 
 
 
 
 

 
III.  Review & Approval of Minutes (cont.) 
August 20, 2026 – Regular Meeting 
Motion: Chairman Swenson moved to approve the August 20, 2026 minutes. 
Seconded by Member Cowdrey. 
During discussion, Vice Chairman Fenton moved to amend “New Business” item (G) to 
more specifically capture the substance of the Board’s discussion on that matter, 
consistent with the markup he had circulated by email. Seconded by Member Stewart. 
Motion: Motion to amend Section 3(G) as described. All in favor. Amendment 
carried. 
The Board approved the August 20, 2026 minutes as amended, with the amended 
version to be forwarded to the Town Clerk for reissue and redistribution as the final 
draft. The Board indicated it would not review these minutes again. 
IV.  Public Comments 
Janet Moore – Library and Records 
Janet followed up on her remarks from two weeks prior regarding space constraints at 
the library. She reported that Member Delaney had built shelving in the basement and 
begun organizing the stored boxes. She relayed two suggestions she had heard: 
engaging a company to scan records that need not be retained on paper, and shredding 
records that either had been scanned or no longer need to be kept. The Board noted 
that these matters would be taken up later in the meeting under the New Business item 
concerning records retention and the municipal records committee. 
Donna Duclos – Tax Collection 
Donna expressed concern regarding the collection of taxes, noting that approximately 
$400,000 remains unpaid, of which roughly $137,000 is overdue from the prior year. 
She asked at what point the Board holds the Tax Collector accountable for contacting 
delinquent taxpayers and establishing payment plans, particularly in light of the Town’s 
cash needs and school obligations. The Board responded that the Tax Collector is a 
separately elected official over whose day-to-day operations the Board has no control, 
and that the Board’s role arises at the point of lien and deeding. The Board explained 
that the Tax Collector reports to the Board on delinquencies and the efforts made to 
reach taxpayers, presents proposed payment plans for the Board’s approval, and 
follows the applicable RSA process, including certified letters and, in limited cases, 
delivery by the sheriff’s department or police. Approximately four to five payment plans 
are currently in place. The Board indicated that the rate of non-payment is roughly 
consistent with recent experience. 
 
 
 

 
IV.  Public Comments (cont.) 
John Hodgson – Tax Collection (continued) 
John asked whether delinquent taxpayers are informed of the difference between the 
interest rate applicable when an arrangement is made to catch up and the substantially 
higher rate that applies when a taxpayer neither keeps up nor reaches out. The Board 
reiterated that such outreach is the function of the Tax Collector, a separately elected 
official, and described the deeding process that follows after taxes remain unpaid, 
including the Town’s subsequent options for property that reverts to the Town. 
Jay Terceira – 219 Flaghole Road 
Jay, joined by his wife Christine Murray, addressed the Board at length and submitted 
written materials for the record. The following summarizes the statements and requests 
he made. The characterizations recorded below are his; their inclusion reflects only that 
he made them, not any finding by the Board. 
Jay stated that he was raising concerns about what he described as a lack of timely 
response and support from the Town regarding damage to his property and to his 
private well-water source arising from dredging activity at 231 Flaghole Road, a matter 
he said has been ongoing since November 2022 and which he escalated to the New 
Hampshire Department of Environmental Services (NHDES) on September 11, 2025. 
He stated his position that the Andover Health Officer bears primary responsibility for 
well and water contamination, including cease-and-desist authority, and that NHDES is 
not required to intervene first. Jay stated he had been told by the Town to await an 
NHDES report. 
He described the response to the site by the Fire Department, the Highway Supervisor 
as a volunteer firefighter, Andover Police, Andover EMS, a private contractor, and a 
member of the Conservation Commission, and stated that the neighboring property 
owner at 231 Flaghole Road was asked to stop but resumed the following day. He 
stated that an NHDES inspector characterized the matter as possible natural seepage 
from a pond nearly a month later, which he disputes based on photographs, video, and 
samples in his possession. He further stated that a state-certified survey showed part of 
the work had been performed on his property, indicating the shared property line was off 
by approximately thirty feet in his favor along the roughly 900-foot boundary. 
Jay alleged that the Town Administrator had made statements to the adjoining property 
owner to the effect that Jay frequently brings complaints to the Town and that the 
adjoining owner should file a counter-complaint regarding vehicles on Jay’s property. He 
characterized those alleged statements as encouraging the adjoining owner. He also 
referenced an August 2025 Conservation Commission discussion in which, he stated, 
the neighboring property owner at 231 Flaghole Road was advised to obtain NHDES 
compliance and permission and was not granted permission by the Commission. 
 
 

 
IV.  Public Comments (cont.) 
Jay Terceira – 219 Flaghole Road (cont.) 
Jay submitted written materials and requested the following: 
1. An internal inquiry under the Town’s employee code of conduct into alleged 
personal actions by the Town Administrator toward Jay Terceira, his wife, and 
their property. 
2. A review of whether the Select Board was fully informed of these matters and 
whether the responses complied with that policy. 
3. A written response, by letter or email, setting out the findings of the inquiry. 
4. Notice of how the Town will handle his request that the Andover Police serve a 
no-trespass order on the Town Administrator, and an assurance of equal 
process. 
The Board stated its understanding is that the Town’s responsibility under the RSA 
extends to public water supplies, not private wells, making the well-water matter a civil 
matter between Jay and the adjoining neighbor. The Board reiterated that NHDES 
process is outside the Town’s control. The Board stated that it did not have assistance 
to render on the private-well matter and referred Jay to the applicable RSA, to NHDES, 
and to civil remedies. Jay acknowledged the Board’s response, stated that this was the 
clarification he had been seeking, and stated that he would leave copies of his 
documentation for the Board. The Board acknowledged receipt of the written materials. 
No action was taken in public session. 
V.  Old Business 
a.  Lawrence Street Bridge Project – Vice Chairman Fenton 
Vice Chairman Fenton reported that all required permits have been obtained and the 
plan set is complete, and the project will soon be ready to be advertised for contractor 
bids. A meeting with the consulting engineering firm WSP is scheduled for Tuesday, 
September 8th, 2026 at 2:00 PM in the meeting room to finalize the oversight 
agreement, scope of work, and fee. He outlined the anticipated schedule: advertising on 
or about September 15; a pre-bid meeting on or about September 28 or 29; open (not 
invited) bidding, with bid opening on October 13; review and submission to NHDOT by 
the end of October; NHDOT approval expected through November and December; 
notice to proceed in early December; and contractor work permitted to begin January 
11, with the contract engineering firm ramping up in December. Construction is slated to 
take approximately twenty months, followed by a ninety-day closeout period. 
Vice Chairman Fenton noted that the objective is to advertise the project so that the 
federal funding is committed and cannot be clawed back, ahead of a September 30th 
federal deadline. He confirmed that all easements are complete, that all affected 
property owners agreed to the terms negotiated, and that they are receiving their 
negotiated compensation.  

 
V.  Old Business (cont.) 
a.  Lawrence Street Bridge Project – Vice Chairman Fenton (cont.) 
In response to a question, he explained that a $7,000 monthly payment to Hoyle Tanner 
reflected additional work related to utility and wetlands permitting that was not 
anticipated in the original scope, and that the Town will be reimbursed 80 percent of the 
engineering costs. He offered to email the full project schedule to the Board. 
b.  Planning Board Update – Vice Chairman Fenton 
Vice Chairman Fenton, ex officio member of the Planning Board, reported the following: 
• 
A membership change has occurred: an alternate member is moving to a 
permanent seat and a permanent member is moving to an alternate seat due to 
family circumstances, leaving one open seat on the Planning Board to be filled. 
• 
A lot on Flaghole Road containing two houses has applied for a condominium 
designation, which would establish separate deeds for the two houses on a 
single lot. The application has been referred to legal counsel for review. 
• 
A large subdivision is being contemplated on the east end of Bradley Lake on 
steep, mountainside terrain. The applicant initially sought a non-binding 
consultation and then asked to cancel and reschedule. The proposal faces 
significant hurdles, including access, slope and terrain, and a state overlay of 
restrictions applicable to a public water supply, which imposes stricter setbacks 
and sediment control. 
• 
A master plan work group focused on economic development, of which Vice 
Chairman Fenton was a part, produced a 35-page document covering housing, 
transportation, infrastructure, village-center revitalization, home-based business, 
agriculture and forestry, recreation-focused employment, and a possible overlay 
zone targeting light manufacturing and professional services. He stated that the 
subject is more complex than can be addressed in a few paragraphs of the 
master plan and forms the basis for the Economic Development Committee 
request taken up later under New Business. 
During this item, Jeffery Dickinson addressed the Board briefly, noting approximately 
thirty years of professional experience in municipal economic development work. He 
offered to share resources and association contacts, and observed that while the 
subject is complex, it may be more manageable than an AI-generated document would 
suggest given the scale of the Town. He then departed. 
c.  School Board Update 
The Board received an update from the Merrimack Valley School District. It was 
reported that the District has closed out the prior fiscal year (ended June 30) and will 
return an unreserved fund balance of $832,287 to Andover taxpayers, which will directly 
affect the December tax bills. 
 

 
V.  Old Business (cont.) 
c.  School Board Update (cont.) 
The Board discussed the structural cash-flow issue that arises because the school 
calendar does not align with the Town calendar. The Town makes regular monthly 
payments to the District of approximately $550,000, while the Town’s leanest months 
are October through December, between tax collections, and the District’s larger 
obligations are front-loaded. A Town subgroup consisting of Chairman Swenson, 
Member Stewart, the Town Administrator, and Finance Director Reed met with District 
representatives Catherine Masterson, Sam York, and Assistant Superintendent Jenn 
Moore to work toward a payment schedule that accommodates both the District’s 
obligations and the Town’s revenue timing. The meeting was described as productive 
and collegial; nothing was decided, and further work will follow. Options discussed 
included a tax anticipation note to maintain cash flow at modest interest cost, and 
adjusting the timing of payments to the District. 
Chairman Swenson noted that the payables manifest this evening included the monthly 
school payment of approximately $550,000 within a total of approximately $661,000, 
and that the Town currently holds approximately $1.6 million on hand against roughly 
$100,000 per month in operating costs. 
It was noted that the returned fund balance represents roughly ten percent of the District 
budget; that a recent change in state law limits the District’s retained fund balance to 
approximately 2.5 percent; and that the District has changed health insurance providers 
from HealthTrust to SchoolCare at favorable rates. It was noted that these changes, 
likely mean that the Town has been overpaying against the monthly figure, and that an 
adjustment is expected once the tax rate is set. Member Stewart noted that he serves 
on the collective bargaining subcommittee and will be involved in the teachers’ 
agreement this year. 
d.  Police Department Building – Member Stewart 
Member Stewart reported that a meeting with the Fire Commissioners is needed. A 
prior, informal understanding that the Police Department could expand beside and 
behind the Fire Department was never documented, and the current Fire Department 
leadership is not prepared to hold to that position, which may return the location 
question to an earlier stage. The Board agreed that a meeting among the 
Commissioners and Board representatives would be useful and will continue to explore 
the site. 
e.  Municipal Bond – Member Stewart 
No further update was provided on the municipal bond at this time. 
 
 

 
VI.  New Business 
a. Andover HUB Market Days – Vendor Permit (added item) 
The Town Administrator requested authorization to sign off on a NH Liquor Commission 
Form A009 (one-day license) permit for Cathedral Ledge Brewing Co. to sell at the 
Andover HUB Market Days event. The vendor participated the prior year and wishes to 
return. 
Motion: Chairman Swenson moved to authorize the Town Administrator to sign the 
Form A009 permit for Cathedral Ledge Brewing Co. for the Andover HUB Market 
Days event. Seconded by Member Stewart. All in favor. Motion carried. 
b.  Notice of Limitations of Municipal Responsibility and Waiver of Liability for 
Building on a Class VI Road 
Vice Chairman Fenton and Land Use Coordinator Jessica Rand introduced the updated 
form, noting that the final version had been reviewed and corrected by Town Counsel 
and that the underlying requirement follows from a state law change effective July 1. 
The Town has a comparable form in its records, and this action updates it to conform to 
current state law. Jessica Rand advised that the item should be adopted as acceptance 
of the updated form and its associated liability provisions rather than as an ordinance, 
as the Town is conforming to state law. The Board discussed the provision, added by 
Town Counsel, concerning transportation of children to the nearest school bus stop; 
Member Cowdrey noted it is not stated in the RSA but agreed it is a reasonable 
addition, and Member Stewart noted that it appropriately informs those building on a 
Class VI road of their responsibility to reach the school bus stop. 
Motion: Vice Chairman Fenton moved to accept the updated Class VI road notice 
and waiver form as revised by the Land Use Coordinator and Town Counsel. 
Seconded by Member Stewart. All in favor. Motion carried. 
c.  Highway Supervisor Report – Jeremy Cornell 
The Board received Highway Supervisor Cornell’s written report, dated as of September 
2, 2026, which he reviewed for the Board as a snapshot of recent activity and planned 
work. He noted that this season’s paving projects came in approximately $25,000 to 
$30,000 under budget. 
The Supervisor also reported that he is exploring a multi-year, fixed-price paving 
contract with the Town’s preferred vendor, under which pricing would remain fixed 
except for adjustments tied to oil prices. The Board expressed support for the 
forecasting and budgeting benefits of such an arrangement, confirmed that it would 
require a formal RFP and bid process, and noted it could be aligned with the 
forthcoming Road Surface Management System (RSMS) to prioritize roads for the 
coming seasons. The Board also discussed the importance of committing to both base 
and top coats on paved roads and of maintaining previously improved roads. 
 

 
VI.  New Business (cont.) 
c.  Highway Supervisor Report – Jeremy Cornell (cont.) 
The Town Administrator reported that he had reviewed the budget with Finance Director 
Reed earlier in the day, with particular attention to the Highway Department, which 
represents approximately one-third of the Town budget. Overall the Town is running 
approximately three percent under budget for this point in the year. Using conservative 
estimates drawn from a five-year historical review and the most recent year, the 
Highway Department is projected to finish with a surplus of roughly $40,000, absent 
unusual events such as early or severe storms, against a Highway Department budget 
of approximately $774,000. 
Vice Chairman Fenton commended the Supervisor on the overall numbers while noting 
that several line items, in particular ‘small tools’, are significantly over their budgeted 
amounts and warrant attention. The Board discussed that the overall bottom line is the 
Board’s primary concern, while the department heads and finance staff manage the 
individual lines, and that the current spending on tools reflects the build-out of a 
relatively new department that had few tools on hand. The Board also discussed, as a 
matter for the coming budget cycle, revising certain line-item labels and reducing the 
granularity of the Town’s chart of accounts to make the reports clearer, while preserving 
the historical comparability that the Budget Committee relies upon. 
c.  F-550 
The Board discussed the condition of the Town’s F-550, a 2015/16 truck now 
approximately eleven years old and the first truck purchased when the Highway 
Department was established. The truck is currently at the shop, with a repair estimate of 
approximately $17,662 for major work, including pulling the engine and replacing axles. 
A more limited estimate of approximately $5,367 would make the truck drivable as an 
emergency spare only. The Highway Department equipment capital reserve balance is 
approximately $40,000. 
The Board reviewed the options, including a limited repair to serve as an emergency 
spare through Town Meeting; a full repair, which carries risk given the truck’s age; and 
retiring the truck at the state auction while pursuing a serviceable used replacement 
(examples in the $40,000 to $80,000 range were discussed) or a lease or financed 
purchase. A new F-600 was noted to cost approximately $180,000 to $200,000 with a 
two-year to two-and-a-half-year delivery time. The Board also discussed the current 
fleet status, including recurring service issues with two of the trucks. The sense of the 
Board was to bring the truck home and park it for now, monitor the used-truck market, 
and develop options, potentially including a warrant article and use of capital reserve, 
for Town Meeting. No formal action was taken. 
 
 
 

 
VI.  New Business (cont.) 
d.  Discussion – Guardrail on Elbow Pond Road 
The Board discussed a suggestion to install guardrails on Elbow Pond Road near the 
brook before the cemetery, where the edge of the road drops off approximately ten to 
twelve feet. It was noted that the road is relatively slow and lightly traveled, and that a 
number of other locations in town could also warrant guardrails. The item was raised for 
discussion; no action was taken. 
e.  Discussion – Formation of an Economic Development Committee 
Vice Chairman Fenton, on behalf of the Planning Board, asked the Board to consider 
forming an Economic Development Committee as a standalone advisory committee 
appointed by the Select Board. He explained that broadening the Town’s tax base 
beyond residential property has long been discussed but not systematically pursued, 
that economic development has been under-addressed in the master plan, and that the 
subject is complex enough to warrant a committee with a defined mission, membership 
requirements, and scope of work rather than a brief master plan entry. 
He identified potential resources, including a soon-to-be permanent resident who serves 
as Director of Economic Development for the City of Colchester, Vermont; Jeffery 
Dickinson, who offered his professional experience; and former Selectman Roland 
Carter, who has served on an economic development committee in Pittsfield. The 
proposed committee would be advisory to the Planning Board, the Select Board, and 
other bodies, including on zoning and the capital improvements program. The Board 
expressed support for the concept and authorized Vice Chairman Fenton to develop 
draft guidelines, membership requirements, and a scope of work to bring back for the 
Board’s review before any members are appointed. 
f.  Discussion – Records Retention Policy and Municipal Records Committee 
(RSA 33-A:3) 
As a policy task force item, Chairman Swenson discussed a draft records retention 
policy developed after reviewing the policies of eight other municipalities. The draft 
addresses electronic records, including camera and meeting-related media, and 
provides that town business conducted on a personal device or private account is not 
private and must be transferred to the approved town repository. The draft includes an 
employee quick-reference appendix directing that town systems be used, that records 
be identified and captured, and that departing officials and employees transfer records 
and not clear accounts without authorization. The task force will continue to refine the 
policy. 
It was noted that RSA 33-A:3 requires the Town to have a municipal records committee, 
which Andover does not currently have. The committee is composed of the municipal 
officers or their designee together with the town clerk, treasurer, an assessor, and tax 
collector, and acts collectively. It was noted that in Andover the Town Clerk and Tax 
Collector roles are combined, and the Town Administrator and Treasurer roles are 
combined, resulting in a committee of roughly three to four members.  

 
VI.  New Business (cont.) 
f.  Discussion – Records Retention Policy and Municipal Records Committee 
(RSA 33-A:3) (cont.) 
The retention and disposition schedule is set out in RSA 33-A:3-a. It was suggested that 
the committee, once formed, determine among its members who will oversee day-to-
day records management. Member Stewart also emphasized the importance of 
consistent records practices across officeholders to avoid gaps that create exposure 
under RSA 91-A. 
The Town Administrator further reported that he has been in contact with a records-
digitization firm (Ricoh) and referenced others in the field, with the goal of obtaining 
preliminary cost figures. It was also noted that an RFP specification must be precise, 
citing instances where large digitization projects have failed. It was also noted that a 
new state law effective July 1 permits use of a state records repository, though the 
Town is not required to use it and further state guidance is awaited. 
The Board agreed to authorize the task force to continue gathering information for the 
Board’s review. The Board also agreed to move forward with forming the municipal 
records committee required under RSA 33-A:3, with Chairman Swenson serving as the 
Select Board’s representative to begin. 
VII.  Signatures 
The following were reviewed and signed by the Board: 
• 
Peckham Road Corporation (Plains Road project): $267,860.64 
• 
Payroll Manifest (9/4/26): $43,382.44 
• 
Payables Manifest (9/4/26): $660,835.11 
VIII.  Non-Public Session 
Both non-public sessions below were held under RSA 91-A:3, II(a) (the dismissal, 
promotion, or compensation of a public employee). 
Motion: Chairman Swenson moved to enter non-public session under RSA 91-A:3, 
II(a) at 8:15 PM. Seconded by Member Cowdrey. Roll call vote, unanimous in favor. 
Motion carried. 
The Board entered non-public session at 8:15 PM and reconvened in public session at 
9:15 PM. 
Motion: Chairman Swenson moved not to seal the minutes of the non-public 
session. Seconded by Member Stewart. Unanimous in favor. Motion carried. 
Motion: Moved and seconded to enter a second non-public session under RSA 91-
A:3, II(a) at 9:18 PM. Roll call vote, unanimous in favor. Motion carried. 

 
The Board entered the second non-public session at 9:18 PM and reconvened in public 
session at 9:52 PM. 
Motion: Chairman Swenson moved not to seal the minutes of the second non-public 
session. Seconded by Member Stewart. Unanimous in favor. Motion carried. 
IX.  Adjournment 
Motion: Member Stewart moved to adjourn at 9:56 PM. Seconded by Member 
Delaney. All in favor. Motion carried. 
The meeting was adjourned at 9:56 PM. 
 
Respectfully submitted, 
 
 
_______________________________ 
Don Sieburg, Town Administrator