Selectboard Meeting Minutes – 3/15/18

Selectboard Present: ​Peggy Pschirrer (Chair); Steven Dalessio; Cheryl Mayberry

CALL TO ORDER: Mrs. Pschirrer called this Selectboard meeting to order at 6:30 PM in the Walpole Town Hall. She advised this meeting is being recorded and asked anyone wishing to speak to identify themselves for the record. There were three members of the public in attendance.

PUBLIC BUSINESS:
AVANRU DEVELOPMENT GROUP LTD and ABENAKI SPRINGS PHASE I LTD PARTNERS: Mr. Jack Franks was present to discuss the two building permits the Selectboard put on-hold at their last meeting. With reference to the Abenaki Springs Phase I project, Building Permit #2014-10, he had submitted the required paperwork to the State; the project has been vested. He will have the engineer check with the State on the Alteration of Terrain Permit as it had been issued. Mrs. Pschirrer mentioned Building Permit #2011-48, Avanru Development Group. The Selectboard received information from the NH Municipal Association. They suggested that because five years has passed since the Site Plan was issued, Mr. Franks needs to return to the Planning Board (PB) to ask them to review the original plans. The PB would need to declare they remain approved before the Selectboard issues a new building permit. A brief history of these projects was presented by Mr. Franks; he read a portion of a previous document from Attorney Hannah with reference to the five year period. What is considered a substantial completion/ development of the property? There were never any stipulations put on his time-frame by the PB. The five-year exemption stands. In the Fall of 2015, fourth year of this cycle, the soil came off. In addition other substantial improvements were made including high voltage underground lines, telecommunication lines, sewer, manholes, etc. They primed the front lot for the building foundation. He has all the receipts. Mrs. Pschirrer noted that last week the Selectboard was not aware of these changes to the property. Mr. Franks mentioned the PB did not state what substantial completion was; this was all thoroughly gone over last year with counsel. Ms. Mayberry explained that to go back to the PB is to be sure he is still in compliance in that five year period. Mr. Franks said nothing has changed on his original Site Plan. With reference to building codes, he said they have to build a building that was designed and approved for the State standards. Mr. Franks mentioned if the five years comes into play, they had substantial completion so the project becomes vested. Mrs. Pschirrer read a portion of the legal opinion from Attorney Buckley who is saying because it has been more than five years since the plan was approved any vesting has expired. Mr. Dalessio stated the question is whether or not the vesting rights have expired. They have to challenge Attorney Buckley on his opinion as it has to be clear. Reference was made to RSA 674:39. Mrs. Pschirrer agrees with Mr. Franks’ assessment but it is the interpretation of vesting. Mr. Franks has done more work than any of them were aware of. Mrs. Pschirrer requested that Mr. Franks give them another week to do more research before making their decision.

ACCOUNTS PAYABLE:
Ms. Mayberry moved to accept the Accounts Payable check register in the amount of $577,643.12 for checks dated March 16, 2018. Seconded by Mr. Dalessio. With Ms. Mayberry, Mr. Dalessio and Mrs. Pschirrer in favor, the motion was approved. This amount includes a monthly payment of $560,964.00 to the Fall Mountain Regional School District.

PAYROLL:
Ms. Mayberry moved to accept the Payroll Register for the week ending March 10, 2018, in the amount of $26,655.42 for checks dated March 16, 2018. Seconded by Mr. Dalessio. With Ms. Mayberry, Mr. Dalessio and Mrs. Pschirrer in favor, the motion was approved.

Ms. Mayberry moved to accept the electronic fund transfer for the 941 Employer Taxes for Withholding, MEDI and FICA taxes in the amount of $5,600.02 for the week ending March 10, 2018. Seconded by Mr. Dalessio. With Ms. Mayberry, Mr. Dalessio and Mrs. Pschirrer in favor, the motion was approved.

SELECTBOARD MEETING MINUTES:
SELECTBOARD MEETING – March 8, 2018: Ms. Mayberry moved to accept the Minutes of the Selectboard meeting of March 8, 2018, as submitted. Seconded by Mr. Dalessio. With Ms. Mayberry, Mr. Dalessio and Mrs. Pschirrer in favor, the Minutes was approved.

NON-PUBLIC SELECTBOARD SESSION – March 8, 2018: Ms. Mayberry moved to accept the Minutes of the Non-Public Selectboard Session of March 8, 2018, as submitted. These Minutes will remain sealed. Seconded by Mr. Dalessio. With Ms. Mayberry, Mr. Dalessio and Mrs. Pschirrer in favor, the Minutes were approved.

TIMBER CERTIFICATION OF YIELD TAXES AND WARRANT:
MAP and LOT #026-022-000: Ms. Mayberry moved to accept the Certification of Yield Taxes Assessed and the Warrant, Yield Tax Levy, in the amount of $221.44 for Map and Lot #026-022-000 north of Whitney Road. Seconded by Mr. Dalessio. With Ms. Mayberry, Mr. Dalessio and Mrs. Pschirrer in favor, the motion was approved.

MAP and LOT #003-002-000: Ms. Mayberry moved to accept the Certification of Yield Taxes Assessed and the Warrant, Yield Tax Levy, in the amount of $1,477.47 for Map and Lot #003-002-000 off Rapids Road. Seconded by Mr. Dalessio. With Ms. Mayberry, Mr. Dalessio and Mrs. Pschirrer in favor, the motion was approved.

ABATEMENT – SEWER:
MAP and LOT #020-025-000: There was a consensus to put this agenda item on-hold until the next meeting pending receipt of numbers on the average usage.

ALL VETERANS TAX CREDIT:
MAP and LOT #015-034-000: Ms. Mayberry moved to grant the All Veterans Tax Credit for the owners of Map and Lot #015-034-000. Seconded by Mr. Dalessio. With Ms. Mayberry, Mr. Dalessio and Mrs. Pschirrer in favor, the motion was approved.

BUILDING PERMITS:
Renewal, Avanru Development Group Ltd., 504 Main Street, Map and Lot #012-013-000: There was a consensus of the Selectboard to put the renewal of Permit #2011-48 on-hold pending receipt of additional information.

Renewal, Abenaki Springs Phase I Ltd. Partners – 17 Avery Lane, Map and Lot #012-013-004: There was a consensus of the Selectboard to put the renewal of Permit #2014-10 on-hold pending receipt of additional information.

OLD BUSINESS:

Water and Sewer Receipts To-Date: The Selectboard acknowledged receipt of the Water and Sewer Receipts To-Date from Mrs. Jodi Daigle. Total Receipts for the Fourth Quarter 2017 Billing was $135,058.95 or 81%. Total Left to Collect for the Fourth Quarter 2017 Billing is $31,597.06.

NEW BUSINESS:

Police Department Revolving Fund Expenditure Request: Ms. Mayberry moved to approve the Police Department’s Revolving Fund Expenditure Request to purchase (1) Tire deflation device (Stop Stick) for the amount of $1,972.00. Seconded by Mr. Dalessio. With Ms. Mayberry, Mr. Dalessio and Mrs. Pschirrer in favor, the motion was approved.

Town Hall Soda Machine: The Selectboard recommended Mrs. Downing post the Soda Machine as a free item on Free Cycle and online Garage Sales. It must be removed by the interested party. If there is no interest it will be taken to the Recycling Center.

Thank You: A Thank You note was received from the family of Marion E. Plante for the donation. This is Mrs. Daigle’s grandmother.

NON-PUBLIC SELECTBOARD SESSION:
Ms. Mayberry moved to enter into a Non-Public Selectboard Session pursuant to RSA 91-A:3 II to discuss (a) Personnel, (b) Hiring and (c) Reputations. Mr. Dalessio seconded the motion, on a roll call vote with Ms. Mayberrry, Mr. Dalessio and Mrs. Pschirrer in favor, the motion was approved at 7:25 PM.

The regular Selectboard meeting resumed at 7:52 PM.

Ms. Mayberry moved that the Minutes of the Non-Public Selectboard Session of March 15, 2018, be sealed. Seconded by Mr. Dalessio. With Ms. Mayberry, Mr. Dalessio and Mrs. Pschirrer in favor, the motion was approved.

RECESS SELECTBOARD MEETING:
Mr. Dalessio moved to recess this Selectboard meeting. The Selectboard will enter into a meeting as the Hooper Trustees. Seconded by Ms. Mayberry. With Mr. Dalessio, Ms. Mayberry and Mrs. Pschirrer in favor, the motion was approved at 7:53 PM.

The regular Selectboard meeting resumed at 7:58 PM.

ADJOURNMENT:
Ms. Mayberry moved to adjourn this Selectboard meeting. Seconded by Mr. Dalessio. With Ms. Mayberry, Mr. Dalessio and Mrs. Pschirrer in favor, the meeting was adjourned at 8:00 PM.

Respectfully submitted,
Regina Borden, Recording Secretary

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