TOWN OF WALPOLE

MEETING OF THE SELECTBOARD

AUGUST 20, 2015

Selectboard Present:     Steven Dalessio (Chair); Peggy Pschirrer; (Absent: Whitney Aldrich)

CALL TO ORDER:  Mr. Dalessio called this Selectboard meeting to order at 6:15 PM in the Walpole Town Hall.  He advised that this meeting is being recorded and asked anyone wishing to speak to identify themselves for the record.  There were ten people in attendance.

These are unapproved Minutes.

NON-PUBLIC SELECTBOARD SESSION:

Mrs. Pschirrer moved to enter into a Non-Public Selectboard Session pursuant to RSA 91-A:3 II to discuss (c) Reputations.  Mr. Dalessio seconded the motion and, on a roll call vote with all in favor, the motion was approved.

The regular Selectboard meeting resumed at 6:22 PM.

PUBLIC BUSINESS:  Mr. Jerry Galloway.

RECESS SELECTBOARD MEETING:

Mrs. Pschirrer moved to recess this Selectboard meeting.  The Selectboard will enter into a meeting as the Hooper Trustees.  Mr. Dalessio seconded the motion.  With all in favor, the motion was approved.

The regular Selectboard meeting resumed at 6:38 PM.

PUBLIC BUSINESS (Continued):

RUGGIERO PROCESSING FACILITY:  Mr. Frank Anderson is worried about the on-going process on the Ruggiero Facility.  He feels they are sliding things in like building an illegal barn.  It seems that the Planning Board members feel it is all up to the State.  That is not the case as the Town has the right to deny them the right to do this.  Mrs. Tabatha Anderson submitted a packet of information that included Minutes of previous Planning Board and Zoning Board of Adjustment meetings, the RSA 149-M:9 Permit Required, and a copy of an email between her and Paul Gildersleeve at the Department of Environmental Services.  The RSA information indicates that even “The issuance of a facility permit by the department shall not affect any obligation to obtain local approvals required under all applicable, lawful local ordinances, codes, and regulations not inconsistent with this chapter.  Local land use regulation of facility location shall be presumed lawful if administered in good faith, but such presumption shall not be conclusive.”  Mr. Dalessio feels there are two separate issues.  Ruggiero will probably have to go back to the ZBA for discussion.  Mrs. Mansouri, Chair of the ZBA, said their members have copies of the meeting Minutes from 2011.  The DES is aware of the fact that Ruggiero has to go back to the ZBA for their modifications.  Mrs. Pschirrer was on the ZBA when the conditions were set.  Mr. David Edkins clarified that the Selectboard is saying that Ruggiero needs both – the State and Local Permits.  Mr. Dalessio noted that if the DES says they can do their project and the Town says they will not approve the Site Plan; he is not sure if they can bring trash into their existing facility without doing the modifications.  The Selectboard will deal with the issue of Ruggiero’s illegal building.  The other issue is that if the building is worth less than $10,000.00 because they used all recycled materials it brings the value down.  If they built without a Building Permit they are subject to a $500.00 fine.  The Selectboard now has to validate if Ruggiero put up the building without a Building Permit.  Mr. Dalessio will check with Mr. Jeff Miller, Chair of the PB, to see if they needed a Site Plan Review.  Mr. Dick O’Brien asked for clarification in that Ruggiero said the ZBA gave him a Special Exception on the property.  The land is zoned Industrial with a Special Exception for commercial activities.  The conditions of approval are in the ZBA letter of approval dated February 11, 2011.  Mr. Edkins questioned if they did a Voluntary Merger of the two properties.  The Selectboard were not certain if they merged the two parcels or not but will check on this.  Mr. Dalessio explained that if the second lot is a separate lot of record then the conditions that were granted for the first lot do not apply to the second lot.  Responding to a question from Mr. O’Brien regarding Municipal Solid Waste, Mr. Dalessio noted that the original permit was for construction debris and recyclables.  They have filed for a modification to their DES permit.  The DES had a Public Hearing.  There is still time for the citizens to raise their issues with the ZBA and PB.  Mr. O’Brien advised that, at this time, the Selectboard will discuss the pole barn and there is a gray area as to whether or not the Town has a legal right to stop this project.  Mr. Dalessio said the Selectboard will do their due diligence.  Mrs. Pschirrer summarized that the Selectboard has to do their research, find out when the second lot was purchased, was there a merger of the two lots and then ask the Town attorney for his legal opinion.  They will start the process tomorrow.  The ZBA will not rule on the Site Plan but they will rule on the use of the property.  There are two separate issues.

BOSTON POST CANE: Mrs. Clough advised that Mr. Bushway passed on and his great-grandson, Brian Gay, returned the cane to the office. Mr. Dalessio recommended that an advertisement be placed in the Clarion and Walpolean stating that the Selectboard is looking for the oldest Walpole citizen.  He will ask Mr. Ray Boas about writing a research article on the history of the Boston Post Cane and to help locate the oldest citizen in Walpole.

ACCOUNTS PAYABLE:

Mrs. Pschirrer moved to approve the Accounts Payable check register and manifest in the amount of $516,008.40 for checks dated August 21, 2015.  This includes a check in the amount of $488,319.18 to the Fall Mountain Regional School District.  Seconded by Mr. Dalessio.  With all in favor, the motion was approved.

PAYROLL:

Mrs. Pschirrer moved to approve the Payroll voucher for the week ending August 15, 2015, in the amount of $20,500.19 for checks dated August 21, 2015.  Seconded by Mr. Dalessio.  With all in favor, the motion was approved.

Mrs. Pschirrer moved to approve the electronic transfer for the 941 Employer Taxes for Withholding, MEDI and FICA taxes in the amount of $5,863.23 for the week ending August 15, 2015.  Seconded byu Mr. Dalessio.  With all in favor, the motion was approved.

SELECTBOARD MEETING MINUTES:

SELECTBOARD MEETING – August 13, 2015:  Mrs. Pschirrer moved to approve the Minutes of the regular Selectboard meeting of August 13, 2015, as submitted.  Seconded by Mr. Dalessio.  With all in favor, the Minutes were approved.

NON-PUBLIC SELECTBOARD SESSION – August 13, 2015:  Mrs. Pschirrer moved to approve the Minutes of the Non-Public Selectboard Session of August 13, 2015, as submitted.  These Minutes will remain sealed.  Seconded by Mr. Dalessio.  With all in favor, the Minutes were approved.

COMMITTEE REPORTS:

The Selectboard received and reviewed Minutes of the following meeting:

• North Walpole Village District Board of Commissioners – August 18, 2015. 

BUILDING PERMITS:

PALMER, Barnett Hill Road, Map & Lot # 009-048-001:  Mrs. Pschirrer moved to approve Building Permit No. 2015-33 for Robert and Margaret Palmer to “Cover front walkway and create a covered parking area by the garage”.  Seconded by Mr. Dalessio.  With all in favor, the motion was approved.

OLD BUSINESS:

RECREATION CENTER HANDICAP ACCESSIBILITY:  Mrs. Pschirrer reported that Mr. Terrell has the signs and he worked with Mr. Justin Cassarino on where to place them.

TERRA MAP’S:  Mrs. Edkins reported that the new maps, both large and small, are in and have been put in the books.

TOWN ORDINANCE, PROCEDURE AND POLICY MANUAL:  Mr. Dalessio looked at the “Emergency Roads or Lanes”, “Memorial Contributions” and the “Solid Waste Fee Schedule” policies and has no issues with them.  They will be held until the next meeting when Mr. Aldrich is present.  Mrs. Pschirrer met with Mr. Terrell and they went through the “Snow Removal” policy but it has not yet been re-written.

RECESS SELECTBOARD MEETING:

Mrs. Pschirrer moved to recess this Selectboard meeting.  The Selectboard will enter into a meeting as the Hooper Trustees.  Seconded by Mr. Dalessio.  With all in favor, the motion was approved at 7:26 PM.

The regular Selectboard meeting resumed at 7:48 PM.

ADJOURNMENT:

Mrs. Pschirrer moved to adjourn this meeting.  Seconded by Mr. Dalessio.  With all in favor, the motion was approved at 7:50 PM.

Respectfully submitted,

Regina Borden, Recording Secretary