Selectboard Meeting Minutes – 9/2/21

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

CALL TO ORDER:  Ms. Mayberry called this Selectboard meeting to order at 6:30 PM in the Walpole Town Hall.  This meeting was being recorded.  Also present was Mrs. Sarah Downing, Manager of Administration, and Mrs. Regina Borden, Recording Secretary. 

The following members of the public were in attendance:  William Kingsbury, Patricia Kingsbury, Tim Allen, Stacy Allen, Shane O’Keefe, Jody Spivey, Barbara Spivey.

OPENING OF SEALED BIDS FOR TAX DEEDED PROPERTIES:

In accordance with the provisions of RSA 80:80 (ll), the Town of Walpole, as owners of certain properties acquired by Tax Collector’s Deed, are selling by sealed bids the Town’s interest in the following two real properties:

Map 9 Lot 24 – Located off of Evans Road:  Ms. Mayberry opened two sealed bids for the property located on Map 9 Lot 24 off of Evans Road:

            William Kingsbury – $15,226.00

            Chip Paliocha for Paliocha, LLC – $16,100.00

Mr. Dalessio moved to accept the bid of Chip Paliocha for Paliocha, LLC for the amount of $16,100.00 for the property located at Map 9 Lot 24, located off of Evans Road.  Seconded by Mrs. Pschirrer.  With Mr. Dalessio, Mrs. Pschirrer and Ms. Mayberry in favor, the motion was approved.   

Map 24 Lot 5 – 24 Homestead Avenue:  Ms. Mayberry opened two sealed bids for the property located on Map 24 Lot 5 – at 24 Homestead Avenue:

            Tim Allen – $36,001.00

            MEH Elm St. LLC – $16,100.00

Mr. Dalessio moved to accept the bid of Tim Allen for the amount of $36,001.00 for the property located at Map 24 Lot 5, located at 24 Homestead Avenue.  Seconded by Mrs. Pschirrer.  With Mr. Dalessio, Mrs. Pschirrer and Ms. Mayberry in favor, the motion was approved.

OLD BUSINESS:

Whipple Hill Road:  Mr. Shane O’Keefe thanked the Selectboard for the documents he requested and received.  He wanted to reiterate what he had previously said; “this is to request the removal of all gates and bars on the public right-of-way on Whipple Hill Road by the owners of 171 Whipple Hill Road”.  It is not a private driveway.  This coming winter the owners of 171 Whipple Hill Road should be compelled to clear and maintain the road within 20-feet, no less, and to plow to allow the use of the town road right-of-way beyond what they maintain.  He came to see what action the Selectboard will take in terms of the gates within the Town’s right-of-way.  Ms. Mayberry replied that they are still working with their attorney.  There is a Superior Court case he is waiting to read through before they will take formal action.  He made the request three times but still has not seen the details of that case.  The Selectboard did another follow-up with their attorney today. 

Mr. Jody Spivey had no questions but wanted to say that they have a legal right to install the gates and bars in accordance with RSA 231-21-A(1) and he read that portion.  The NH Municipal Association had a verbal workshop on May 26, 2021.  Relative to gates and bars; they need to be unlocked.  He asked the Selectboard what they are going to do about people not closing the gates.  Ms. Mayberry asked for clarification.  Mr. Spivey put up the gates and bars. Is he asking the Selectboard to be the enforcer?  Mr. Spivey asked what the Selectboard is prepared to do.  Mr. Dalessio advised they should refrain from answering too many questions at this point because the matter is with their attorney.   

Mrs. Barbara Spivey advised they are doing what the Road Agent told them to do and they signed off on what the Road Agent wanted done.  They are not plowing any different than they did on day one.  The Selectboard is the reason why some people are acting the way they are toward Mr. and Mrs. Spivey because they are complaining about what is happening to them is illegal.  The Selectboard is a governing body; they hired an attorney.  Mr. Dalessio replied that Mr. and Mrs. Spivey had an attorney when they came to the Selectboard. Therefore, the Selectboard needed an attorney.  Mr. Dalessio asked for clarification.  Did the Road Agent sign off on the gates and bars?  Mrs. Spivey said “no” he did not sign off on the gates and bars. 

Mr. O’Keefe stated that in no way is he attacking anyone. He wants to be able to drive down that road without having to get out of his car to open the gates; it is an impediment to the Town’s use of that road.  There is nothing in the state-law that says someone has to close the gates. 

Ms. Mayberry thanked Mr. Shane O’Keefe and Mr. and Mrs. Spivey for attending.  Mrs. Spivey asked if there was a reason for having Whipple Hill Road on the agenda under Old Business.  Ms. Mayberry said it is their tradition to bring issues forward.  People sitting in the audience have the option to discuss an issue.  Mrs. Spivey asked why it showed up on this agenda because it was not on for several weeks. Ms. Mayberry noted they had a request for an update on the “Right-to-Know”.            

ACCOUNTS PAYABLE:

Mrs. Pschirrer moved to accept the Accounts Payable Check Register in the total amount of $33,923.30 for checks issued September 3, 2021.  This includes a $13,416.29 payment to E.E. Houghton for the Water-Sewer Department.  Seconded by Mr. Dalessio.  With Mrs. Pschirrer, Mr. Dalessio and Ms. Mayberry in favor, the motion was approved.

PAYROLL:

Mrs. Pschirrer moved to accept the Payroll Check Register for the week ending August 28, 2021, in the amount of $35,929.45 for checks dated September 3, 2021, and for the 941 Payroll Tax Transfer in the amount of $7,182.04.  Seconded by Mr. Dalessio.  With Mrs. Pschirrer, Mr. Dalessio and Ms. Mayberry in favor, the motion was approved.

SELECTBOARD MEETING MINUTES:

SELECTBOARD MINUTES – August 26, 2021:  Mrs. Pschirrer moved to accept the Minutes of the Selectboard meeting of August 26, 2021, as submitted.  Seconded by Mr. Dalessio.  With Mrs. Pschirrer, Mr. Dalessio and Ms. Mayberry in favor, the Minutes were approved.

NON-PUBLIC SESSION SELECTBOARD MINUTES – August 26, 2021:  Mrs. Pschirrer moved to accept the Minutes of the Non-Public Selectboard Session of August 26, 2021.  These Minutes will remain sealed.  Seconded by Mr. Dalessio.  With Mrs.  Pschirrer, Mr. Dalessio and Ms. Mayberry in favor, the Minutes were approved.

COMMITTEE REPORTS:

The Selectboard acknowledged receipt of the following Committee reports:

  • Walpole Fire District Commissioners Meeting –  July 7, 2021;
  • Walpole Fire District Commissioners Meeting – August 4, 2021;
  • North Walpole Village District Board of Commissioners Meeting – August 17, 2021;
  • North Walpole Village District Board of Commissioners Meeting – August 24, 2021.

BUILDING PERMITS:

Permit #2021-33, Map and Lot #008-113-000:  Mrs. Pschirrer moved to grant Building Permit No. 2021-33 for the owner(s) of Map and Lot #008-113-000 to add a “56’ x 28’ Roof Mount Solar Array”.  Seconded by Mr. Dalessio.  With Mrs. Pschirrer, Mr.  Dalessio and Ms. Mayberry in favor, the motion was approved.

Permit #2021-34, Map and Lot #011-059-000:  Mrs. Pschirrer moved to grant Building Permit No. 2021-34 for the owner(s) of Map and Lot #011-059-000 to add a “50’ x 18’ Roof Mount Solar Array on the DADU”.  Seconded by Mr. Dalessio.  With Mrs. Pschirrer, Mr. Dalessio and Ms. Mayberry in favor, the motion was approved.

OLD BUSINESS: 

New Purchase Order for Utility Trailer:  Mr. Dalessio advised the Selectboard had previously approved a purchase order for a utility trailer but it is no longer available.  Therefore, a different trailer is being ordered.

Mr. Dalessio moved to approve the replacement Purchase Order for a 5’ x 8’ Open Mesh Floor Trailer in the amount of $899.99 from Tractor Supply for Mr. Brad Nash to use for his job.  Seconded by Mrs. Pschirrer.  With Mr. Dalessio, Mrs. Pschirrer and Ms. Mayberry in favor, the motion was approved.

Community Power – Joint Powers Agreement:  Mrs. Pschirrer reported that this new Community Power – Joint Powers Agreement is now in the hands of the Attorney General.  They would like to have it signed by October 1, 2021, because that is the date of the incorporation.  It will be held in the files for the next few weeks.

FEMA Visit:  Mr. Dalessio advised that FEMA was in Walpole last Monday and they came back on Tuesday.  The over-all feeling is the Town will be getting some money but it will be a couple of weeks before FEMA makes their recommendations to the Governor.  The current plan is to continue fixing the small wash-outs.  Mill Road is being repaired.  The guardrails and culvert will be fixed on Cold River Road.  At some point Mr. Mark Houghton and Mr. Mike Rau will meet to make plans on how they will do all of this work.  On School Street, they need to start at the top and work down.  They need to find a civil engineer to help them and they need to find money.  Ms. Mayberry will call the Department of Revenue Administration (DRA) to obtain information on using some of the Unassigned Fund Balance. 

Boston Post Cane:  Ms. Mary Shaughnessy who was to be the new recipient of the Boston Post Cane passed away unexpectedly.  Mrs. Downing will research who is now the oldest Town resident.

Pending Further Actions:

Mill Pond Dam Inspection, Vilas Bridge, Houghton Brook Bridge, Generators, Three Phase Power for Industrial Avenue and Bensonwood, Complete Streets re: Sidewalks

There were no up-dates on these projects at this meeting.

Brownfields Project:  Mrs. Pschirrer reported that fill was put in the holes they had on-site because of the forecast for heavy rains.

NEW BUSINESS:

MS-1:  Mrs. Pschirrer moved to approve and sign the MS-1 document.  Seconded by Mr. Dalessio.  With Mrs. Pschirrer, Mr. Dalessio and Ms. Mayberry in favor, the motion was approved.

Cemetery Deeds for Lots D574 and D575:  Mrs. Pschirrer moved to approve and sign the Cemetery Deeds for Lots D574 and D575.  Seconded by Mr. Dalessio.  With Mrs. Pschirrer, Mr. Dalessio and Ms. Mayberry in favor, the motion was approved.

Storm Damage for Night of September 1, 2021:  Mr. Dalessio advised there were no reports of storm damage for the night of September 1, 2021.         

Tax Bill Newsletter Insert:  The Selectboard acknowledged receipt of a request from the Town Clerk/ Tax Collector’s Office to put a newsletter in with the tax bill.  Mrs. Pschirrer felt it appropriate to put in a newsletter with only pertinent information to their office.  Mr. Dalessio will discuss this with them.

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 Mrs. Pschirrer, Mr. Dalessio and Ms. Mayberry in favor, the motion was approved at 7:33 PM.

The regular Selectboard meeting resumed at 7:35 PM.

NON-PUBLIC SELECTBOARD SESSION:

Mr. Dalessio moved to enter into a Non-Public Selectboard Session pursuant to RSA 91-A:3 II to discuss (c) Reputations and (d) Acquisition, Sale or Lease of Real or Personal Property.  Seconded by Mrs. Pschirrer.  With Mr. Dalessio, Mrs. Pschirrer and Ms. Mayberry in favor, the motion was approved.

The regular Selectboard meeting resumed at 7:45 PM.

ADJOURNMENT:  Mrs. Pschirrer moved to adjourn this Selectboard meeting.  Seconded by Mr. Dalessio.  Ms. Mayberry asked if there was any discussion.  There was none.  With Mrs. Pschirrer, Mr. Dalessio and Ms. Mayberry in favor, the meeting adjourned at 7:46 PM.

Respectfully submitted, Regina Borden, Recording Secretary

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