Monthly Archives: March 2023

Selectboard Meeting Minutes – 3/23/23

Uncategorized 03/31/2023 Leave a comment

Selectboard Present:  Steven Dalessio, Chair, Cheryl Mayberry and Peggy Pschirrer 

Staff Present: Sarah Downing, Jordan Cannon, Steve Varone, Megan Hansson

CALL TO ORDER:  Mr. Dalessio called this meeting of the Selectboard to order at 6:33 p.m. in the Walpole Town Hall.

NON-PUBLIC BUSINESS RSA 91-A:3 II (a):  

Mrs. Pschirrer moved to enter into Non-Public Session pursuant to RSA 91-A:3 II (a) (c) (e) at 6:34 p.m. Mrs. Dalessio seconded. With Mrs. Pschirrer, Ms. Mayberry and Mr. Dalessio in favor, the motion was approved.

The meeting was reconvened at 8:01 p.m.

ACCOUNTS PAYABLE: ACCOUNTS PAYABLE:

Ms. Mayberry moved to approve the Accounts Payable Check Register in the total amount of $177,999.14 for checks issued March 24, 2023. Seconded by Mrs. Pschirrer.  With Ms. Mayberry, Mrs. Pschirrer and Mr. Dalessio in favor, the motion was approved. This includes two payments of $56,415.00 to McFarland Ford for two police vehicles. 

PAYROLL:

Ms. Mayberry moved to approve the Payroll Check Register in the amount of $31,278.41 dated March 24, 2023, and for the 941 Payroll Tax Transfer in the amount of $6,741.69.  Seconded by Mrs. Pschirrer. With Ms. Mayberry, Mrs. Pschirrer and Mr. Dalessio in favor, the motion was approved. 

SELECTBOARD MEETING MINUTES:

SELECTBOARD MEETING – March 16, 2023:  Ms. Mayberry moved to approve the Minutes of the Selectboard meeting of March 16, 2023. Seconded by Mrs. Pschirrer. With Ms. Mayberry, Mrs. Pschirrer, and Mr. Dalessio in favor, the motion was approved.

SELECTBOARD NON-PUBLIC SESSION – March 16, 2023: Ms. Mayberry moved to approve the Minutes of the Selectboard Non-Public Session of March 16, 2023, with a correction to the last sentence. Seconded by Mrs. Pschirrer. With Ms. Mayberry, Mrs. Pschirrer and Mr. Dalessio in favor, the motion was approved. Ms. Mayberry’s correction was to add to the last sentence “who worked during the snowstorm”.  The minutes are to remain sealed.  

STAFF MEETING– March 16, 2023:  Ms. Mayberry moved to approve the Minutes of the Selectboard Non-Public Session of March 9, 2023. Seconded by Mrs. Pschirrer. With Ms. Mayberry, Mrs. Pschirrer and Mr. Dalessio in favor, the motion was approved.

COMMITTEE REPORTS:

Ms. Mayberry called attention to the minutes of: 

• Conservation Committee Meeting- March 6, 2023

• Zoning Board of Adjustment – March 15, 2023

Mr. Dalessio acknowledged the minutes.

ABATEMENTS:

Map and Lot# 030-029-001: Ms. Mayberry moved to deny the abatement of Map and Lot# 030-029-001. Seconded by Mrs. Pschirrer. With Ms. Mayberry, Mrs. Pschirrer and Mr. Dalessio in favor, the motion was approved.

Map and Lot# 013-013-000: Ms. Mayberry moved to deny the abatement of Map and Lot# 013-013-000. Seconded by Mrs. Pschirrer. With Ms. Mayberry, Mrs. Pschirrer and Mr. Dalessio in favor, the motion was approved.

Map and Lot# 030-067-000: Ms. Mayberry moved to deny the abatement of Map and Lot# 030-067-000. Seconded by Mrs. Pschirrer. With Ms. Mayberry, Mrs. Pschirrer and Mr. Dalessio in favor, the motion was approved.

TIMBER TAX WARRANT: 

Map and Lot# 013-054-000: Ms. Mayberry moved to approve of the timber tax warrant of Map and Lot# 013-054-000 for $207.44. Seconded by Mrs. Pschirrer. With Ms. Mayberry, Mrs. Pschirrer and Mr. Dalessio in favor, the motion was approved.

Map and Lot# 013-034-003: Ms. Mayberry moved to approve of the timber tax warrant of Map and Lot# 013-034-003 for $1,238.51. Seconded by Mrs. Pschirrer. With Ms. Mayberry, Mrs. Pschirrer and Mr. Dalessio in favor, the motion was approved.

Map and Lot# 013-034-000: Ms. Mayberry moved to approve the timber tax warrant of Map and Lot# 013-034-000 for $37.54. Seconded by Mrs. Pschirrer. With Ms. Mayberry, Mrs. Pschirrer and Mr. Dalessio in favor, the motion was approved.

Map and Lot# 012-067-000: Ms. Mayberry moved to approve the timber tax warrant of Map and Lot# 012-067-000 for $7,488.80. Seconded by Mrs. Pschirrer. With Ms. Mayberry, Mrs. Pschirrer and Mr. Dalessio in favor, the motion was approved.

BUILDING PERMITS:

Map and Lot# 008-012-001: Ms. Mayberry moved to approve of the building permit of Map and Lot# 008-012-001 to install a 56’ x 24’ roof mount and 40’ x 12’ ground mount solar system. Seconded by Mrs. Pschirrer. With Ms. Mayberry, Mrs. Pschirrer and Mr. Dalessio in favor, the motion was approved.

OLD BUSINESS:

Pending Further Action: Mrs. Pschirrer touched on several items pending further action. Mrs. Pschirrer stated she had a Zoom meeting today with Northern Borders concerning grants related to community solar. She stated that Mr. Hoy participated in that discussion. Concerning Brownfields, she stated DES has set new standards for PFAS and there are new standards for digging a well because they have to test for migration. Mrs. Pschirrer stated that she has an appointment to speak to Mascoma Bank about these wells tomorrow. Mrs. Pschirrer stated that a Fidium representative wants to speak to the Recycling Center to promote an upgrade service plan for broadband internet. Mrs. Pschirrer stated she would email Mr. Hoy regarding this request. 

Great River Hydro Confidentiality Agreement: Mrs. Pschirrer motioned to approve the chair’s signing of the Great River Hydro Confidentiality Agreement. Ms. Mayberry seconded the motion. With Mrs. Pschirrer, Ms. Mayberry and Mr. Dalessio in favor, the motion was approved.

Procurement Policy: Mr. Dalessio commented that after reading the procurement policy, he wants to place it on the agenda for next week. Ms. Mayberry commented that she has yet to read the policy.

NEW BUSINESS:

NE Power Letter: Mrs. Pschirrer motioned to approve the letter requesting the asset report for the Town’s transmission lines. Ms. Mayberry seconded the motion. With Mrs. Pschirrer, Ms. Mayberry and Mr. Dalessio in favor, the motion was approved.

Appointment Notices: Ms. Mayberry motioned to approve the appointment notices for Diane Harty and David Kuniholm to be on the recreation committee. Mrs. Pschirrer seconded the motion. With Ms. Mayberry, Mrs. Pschirrer and Mr. Dalessio in favor, the motion was approved.

ADJOURNMENT:

Ms. Mayberry moved to adjourn this Selectboard meeting at 8:29 PM.  Seconded by Mrs. Pschirrer.  Mr. Dalessio asked if there was any additional discussion. There was none. With Ms. Mayberry, Mrs. Pschirrer and Mr. Dalessio in favor, the motion was approved.

Respectfully submitted,

Jordan Cannon, Recording Secretary 

School District Election Results

Uncategorized 03/29/2023 Leave a comment

Town Voting Results – 2023

Uncategorized 03/29/2023 Leave a comment

From Elana Baron

OPINIONS 03/28/2023 1 Comment

Dear fellow Walpoleans,

Please accept this response to Attorney Hanna’s letter as my final thoughts on why I will be voting “no” to Article 3. 

I respectfully disagree with Attorney Hanna’s opinion, retained by and writing on behalf of Mr. and Mrs. Winmill. To be frank, his analysis is flawed.  Before I explain why, it would seem there are two preliminary issues that need clarifying:

  1. I am an Attorney.  However, my March 14, 2023 opinion of Article 3, and this one, are my own opinions.  I did not write them on behalf of a secret client nor is it the opinion of my office, Bragdon, Baron & Kossayda, PC.  I am simply offering my view, as a Walpolean, of how the language of Article 3 can be interpreted. My view, and no one else’s.
  • I used a small local maple syrup producer, or a small local honey producer, as examples.  They were the first two that popped into my mind probably because I am most familiar with those two.  I know several people here in Walpole that spend some free time dabbling in those hobbies.  Instead of those examples, please feel free to swap in any small business you like. How about a widget maker, or sock seamstress, or maybe someone who makes those fancy small soaps we all love to put on display in our guest bathrooms but g-d forbid anyone ever actually use.  I personally don’t care what small business you use as an example, the analysis remains the same.

I am cut and pasting Article 3’s definition of “Formula Business” here because pulling out a small portion and analyzing the small portion separately from the rest of the language is a presentation meant to blur the omitted language for the specific purpose of guiding a reader to believe their interpretation is their own but really were lead to it (a play out of the “How to Lawyer Handbook”).

“A Formula Business is a business, including but not limited to retail sales, hotels, and restaurants, that both

(a) maintains two or more of the following five standardized features:

  • array of services, menus, or merchandise, with 50% or more of in-stock merchandise bearing uniform markings;
  • trademark, logo, or service mark;
  • architecture, facade, or exterior design;
  • decor or color scheme;
  • uniform (other than name tags);

and

(b) shares the same or substantially the same two or more features as 10 or more other businesses, regardless of ownership or location.”

Here is where Attorney Hanna and I are interpreting the definition differently. Attorney Hanna imposes an assumption in the first and second features which then creates a flawed analysis. 

Attorney Hanna states the small business “must share the same logo, trademark or service mark with 10 or more other businesses”.  That is not what the plain language of the first two features state.  The plain language of the first feature states that 50% or more of the in-stock merchandise bears uniform markings.  That is all it says; a “uniform marking”.  It does not say that said uniform marking must be identical to those of 10 or more businesses.

The same is true for Feature 2.  Feature 2 does not say the logo, trademark or service mark has to be the same amongst all 10 businesses.  It simply says “trademark, logo, or service mark.”  That means, by the plain language, Feature 2 is met if the business has a logo, trademark or service mark.

In error, Attorney Hanna uses subsection b “(shares the same or substantially the same two or more features as 10 or more other businesses) to mean the uniform markings or logos must be the same across all 10 businesses. Section b does not say that.  Section b simply says the business will be defined as a Uniform Business when it qualifies for the same 2 of the 5 features listed in Section a.  

In summary, a small business will qualify for Feature 1 if it bears a, “a” can be “any”, uniform marking on 50% of in-stock merchandise.  Additionally, Feature 2 is satisfied if the business has a, “a” can be “any”,logo, trademark or service mark.  Most businesses have uniform markings and most businesses have a logo.  Since most businesses share in both Feature 1 and 2, per section b, (share the same or substantially the same two or more Features), most businesses can be defined as a Formula Business.  It is not a stretch for an attorney to argue this to be overly broad and unconstitutional as per its definition, all businesses can now be a Formula Business.

All that said, I offer you, the Walpolean voter, the following radical thought:  Why push an Article through when you not only have the Town of Walpole Planning Board publicly announcing their opposition to it, but also two Attorneys, both with over 20 years’ experience, arguing why the language should be interpreted differently.  Why not first tweak the language?  If the intent is to have the uniform marking or logo be identical across the 10 + businesses, then tweak the language to say so before enacting it into law. 

You are creating law and when you have an opportunity to avoid future litigation based on its interpretation why not do so?  I offer this because in the end, it is you, the Walpole taxpayer, that will be footing the bill to argue the issue in Court.

I thank you for taking the time to read my opinion.

To Find Comments

HELP 03/28/2023 1 Comment

There seems to be a misunderstanding about Posts and Comments. When someone Comments on a post, it goes with the Post on the homepage but does not get emailed to Followers. To see Comments, one has to go to thewalpolean.org. There are Comments that you may have missed. – Lil

From Tom Hanna

OPINIONS 03/28/2023 Comments: 2

Re: ​For Immediate Publication in The Walpolean – Response to Elana Baron’s March 24th Post Regarding Town Warrant Article 3 

I represent Walpole residents, Tom and Christie Winmill, who joined forces with multiple other voters to protect Walpole from spoiling what makes Walpole special with the infiltration of “homogenous and visually obtrusive businesses.” They asked my law firm, which specializes in land use law, to draft a zoning amendment that would give town officials better regulatory resources to address such businesses. Unfortunately, I am in the position of having to address Elana Baron’s inexplicable opposition to this public-spirited effort.

Rather than suggest a better path forward, she pokes holes at the language of the warrant article and claims that it is ambiguous and that town officials are likely to interpret the article in a manner that is completely contrary to the intent of the new ordinance provision. She does not give the town’s land use boards enough credit. She is incorrect that the language is too ambiguous for reasonable interpretation.  

If a development decision of a local land use board is appealed, the court will first look at the plain language of the ordinance.  If the court finds that the ordinance is subject to more than one plausible interpretation, it will then look to other information – such as the statement made in the preamble to the warrant article – to determine what the intent of the ordinance is and what interpretation is consistent with that intent. 

Ms. Baron has presented an unconvincing case that the language of the article is ambiguous, but in such a case, it is the intent of the ordinance that will ultimately prevail. And the intent of the proposed ordinance is to keep Walpole a special place. Walpole voters should be in favor of this ordinance. 

​​​​​​  Sincerely,

​​​​​​

​​​​​​ Thomas R.Hanna​​​​​​​​

Selectboard Meeting Minutes – 3/16/2

Uncategorized 03/24/2023 Leave a comment

Selectboard Present:  Steven Dalessio, Chair, Cheryl Mayberry and Peggy Pschirrer 

Staff Present: Sarah Downing, Jordan Cannon, Justin Sanctuary and Janet Clough

Others Present: Steve Varone

CALL TO ORDER:  Mr. Dalessio called this meeting of the Selectboard to order at 6:25 p.m. in the Walpole Town Hall.

NON-PUBLIC BUSINESS RSA 91-A:3 II (a):  Session I

Ms. Mayberry moved to enter into Non-Public Session pursuant to RSA 91-A:3 II (a) at 6:26 p.m. Mrs. Pschirrer seconded. With Mrs. Pschirrer, Ms. Mayberry and Mr. Dalessio in favor, the motion was approved.

The meeting reconvened from suspension at 6:56 PM.

OLD BUSINESS:

Warrant Article #13: Mr. Varone stated that there are presently five tax exemptions: solar, current use, senior, veterans’ and blind. He said that of the five, there is only one that is income-based, and that is the one for seniors. There is no maximum income or asset amount set for the senior tax exemption. Mrs. Pschirrer reflected that the intent of the exemption was to help seniors in Town who have little resources. Mr. Varone stated that if the limits were set high, the Town would be inundated with applications. Mrs. Pschirrer commented that you cannot amend the intent of a warrant article at a Town Meeting. Mr. Varone stated that he would support Article #13 and would review the elderly exemption again the following year. Mr. Varone stated his intention is to modestly expand the senior exemption. 

ACCOUNTS PAYABLE: ACCOUNTS PAYABLE:

Ms. Mayberry moved to approve the Accounts Payable Check Register in the total amount of $738,767.46 for checks issued March 17, 2023. Seconded by Mrs. Pschirrer.  With Mrs. Pschirrer, Ms. Mayberry and Mr. Dalessio in favor, the motion was approved. This includes a payment of $700,531.17 to Fall Mt. Regional School District. 

PAYROLL:

Ms. Mayberry moved to approve the Payroll Check Register in the amount of $28,085.94 dated March 17, 2023, and for the 941 Payroll Tax Transfer in the amount of $5,526.05.  Seconded by Mrs. Pschirrer. With Mrs. Pschirrer, Ms. Mayberry and Mr. Dalessio in favor, the motion was approved. 

SELECTBOARD MEETING MINUTES:

SELECTBOARD MEETING – March 9, 2023: Mrs. Pschirrer moved to approve the Minutes of the Selectboard meeting of March 9, 2023. Seconded by Mr. Dalessio. With Mrs. Pschirrer and Mr. Dalessio in favor, the motion was approved. Ms. Mayberry was not present at this meeting.

SELECTBOARD NON-PUBLIC SESSION – March 9, 2023: Mr. Dalessio moved to approve the Minutes of the Selectboard Non-Public Session of March 9, 2023. Seconded by Mrs. Pschirrer. With Mrs. Pschirrer and Mr. Dalessio in favor, the motion was approved. The minutes are to remain sealed. 

COMMITTEE REPORTS:

Ms. Mayberry called attention of the Board the following minutes:

• North Walpole Village Commissioners’ Meeting- February 7, 2023

• North Walpole Village Commissioners’ Meeting- February 14, 2023

• North Walpole Village Commissioners’ Meeting- February 21, 2023

• North Walpole Village Commissioners’ Meeting- February 28, 2023

• North Walpole Village Commissioners’ Meeting- March 7, 2023

Mr. Dalessio acknowledged the minutes.

PROPERTY TAX REFUNDS:

Map and Lot# 008-105-001: Ms. Mayberry moved to approve of the property tax refund of Map and Lot# 008-105-001 for $53.90 for the overpayment of tax interest. Seconded by Mrs. Pschirrer. With Ms. Mayberry, Mrs. Pschirrer and Mr. Dalessio in favor, the motion was approved.

Map and Lot# 020-044-000: Ms. Mayberry moved to approve of the property tax refund of Map and Lot# 020-044-000: for $12.90 for the overpayment of tax interest. Seconded by Mrs. Pschirrer. With Ms. Mayberry, Mrs. Pschirrer and Mr. Dalessio in favor, the motion was approved.

SOLAR ENERGY EXEMPTIONS:

Map and Lot# 021-023-000: Ms. Mayberry moved to approve of the solar energy tax exemption of Map and Lot# 021-023-000. Seconded by Mrs. Pschirrer. With Mrs. Pschirrer, Ms. Mayberry and Mr. Dalessio in favor, the motion was approved.

OLD BUSINESS:

Invoice Policy: Mr. Dalessio questioned if any changes were made. Mrs. Downing responded that none none of the content was amended. Ms. Mayberry confirmed that there is an effective date on the invoice policy. The Selectboard signed the Invoice Policy effective 3/16/2023.

Draft Procurement Policy: Mr. Dalessio postponed this policy’s review until the following week. 

PD Rev. Fund Request for Police Cruiser: Mrs. Pschirrer commented that two police vehicles arrived, and reflected on the difference in cost from what was originally priced. She reviewed with Ms. Mayberry the discussion she and Mr. Dalessio had the previous Selectboard meeting regarding the mechanisms by which the Town would pay for the two vehicles. Mrs. Pschirrer moved to approve the expenditure of $21,915 from the police revolving fund to pay for the Ford Police explorer. Ms. Mayberry seconded the motion. With Mrs. Pschirrer, Ms. Mayberry and Mr. Dalessio in favor, the motion was approved.

PD Capital Reserve Fund Request for Police Cruiser: Mrs. Pschirrer moved to purchase the police vehicle from Warrant #12 from 2022 with the additional cost of $11,415 to be taken from the Police Dept. Capital Reserve Fund. Ms. Mayberry seconded the motion. With Mrs. Pschirrer, Ms. Mayberry and Mr. Dalessio in favor, the motion was approved.

Generators: Mr. Dalessio reflected on the possibility of having a generator in use for the Town Hall given the recent power outage due to the snowstorm.

Red Alert: Mr. Dalessio stated he would be speaking with Mark Houghton about the Red Alert notification system, and how people can sign up. Ms. Mayberry commented that she received three different notifications at once from the school during the recent school closures. Mr. Dalessio stated that only people who subscribe would receive the notifications.

NEW BUSINESS:

Great River Hydro Confidentiality Agreement: Ms. Mayberry moved to allow chair Mr. Dalessio to sign the confidentiality agreement so that data can be sent to Avitar for creating a draft PILOT agreement with Great River Hydro. Seconded by Mrs. Pschirrer.  Mr. Dalessio asked if there was any additional discussion. There was none. With Ms. Mayberry, Mrs. Pschirrer and Mr. Dalessio in favor, the motion was approved. Mr. Dalessio signed the agreement. 

FEMA Floodplain Maps: Mrs. Downing stated that a webinar is upcoming on 3/29 and 3/30 wherein new flood maps will be discussed. 

NON-PUBLIC BUSINESS RSA 91-A:3 II (a):  Session II

Mr. Dalessio moved to enter into Non-Public Session pursuant to RSA 91-A:3 II (a) at 7:35 PM. Mrs. Pschirrer seconded. With Mr. Dalessio, Mrs. Pschirrer and Ms. Mayberry in favor, the motion was approved.

The meeting reconvened at 7:58 PM.

HOOPER TRUSTEES MEETING:

Mrs. Pschirrer moved to enter into Hooper Trustees Meeting at 7:59 PM. Ms. Mayberry seconded. With Mrs. Pschirrer, Ms. Mayberry and Mr. Dalessio in favor, the motion was approved.

The meeting reconvened at 8:11 PM.

ADJOURNMENT:

Ms. Mayberry moved to adjourn this Selectboard meeting at 8:13 PM.  Seconded by Mrs. Pschirrer.  Mr. Dalessio asked if there was any additional discussion. There was none. With Mrs. Pschirrer, Ms. Mayberry and Mr. Dalessio in favor, the motion was approved.

Respectfully submitted,

Jordan Cannon, Recording Secretary 

Rebuttal to Baron Letter

OPINIONS 03/22/2023 Comments: 2

​​​​​​​​​​March 22, 2023

To the Voters of Walpole

REBUTTAL TO BARON LETTER 

I write this letter on behalf of Walpole residents, Tom and Christie Winmill, in response to the opinion piece submitted by Elana Baron in the Wapolean on March 14, 2023 entitled “Another Point of View” regarding Article 3 of the 2023 Walpole Town Meeting Warrant. 

Ms. Baron’s interpretation of the proposed ordinance amendment regarding Formula Businesses is incorrect and her article is misleading. She contends that the proposed language would limit small local businesses from occurring in Town and suggests extreme examples of the zoning amendment’s effect on maple syrup and honey producers. Were Ms. Baron’s claims based on a rational interpretation of the proposed ordinance, it would indeed be concerning. However, Ms. Baron pointed to off-based and inaccurate grounds to support her claims.  

The new zoning ordinance is intended to preserve Walpole’s unique and distinctive character while permitting commercial development. To achieve this purpose, the ordinance introduces a definition for Formula Business that establishes a two-part method for distinguishing businesses that have standardized/ homogenous services, appearances, and other features. For a business to be considered a Formula Business it would have to have two or more of the following standardized features as 10 or more other businesses: 

(1) Array of services, menus or merchandises, with 50% or more of in-stock merchandise bearing uniform markings; 

(2) Trademark, logo, or service mark; 

(3) Architecture, façade, or exterior design;

(4) Décor or color scheme; 

(5) Uniform (other than name tags)

Ms. Baron states that “…any maple syrup producer or local honey maker who puts a uniform marking on his or her products qualifies for element number 1.” First, comparisons with maple syrup and honey making are completely inappropriate and irrelevant, because these are agricultural uses protected by State law from being limited or restricted by local land use regulations (RSA 674:32-a, RSA 674:32-b, and RSA 21:34-a). 

Second, even if maple syrup and honey producers were not exempt but used standardized packaging for their products, this feature alone does not classify a business as a Formula Business. Ms. Baron recognizes this and goes on to state: “Now let’s go to the second element; you need a trademark, logo, or service mark. How is this second element different from the first?Now, our local maple syrup producers or local honey makers have satisfied two elements.” But she conveniently glosses over the distinction and importance of the second feature and conflates it with the first feature regarding uniform markings. Packaging may be labeled with uniform markings such as a logo; however, for a maple syrup or honey producer to be considered a Formula Business it must share the same logo, trademark or service mark with 10 or more other businesses. It is implausible that a local small maple syrup or honey business, or any local small business in Walpole, shares the same logo, trademark or service mark with 10 or more other businesses. Logos, trademarks and service marks are symbols or words unique to a specific business to distinguish it from its competitors. Unlike Ms. Baron’s imprecise explanation, the ordinance is not vague about this distinction. 

Ms. Baron’s article also fails to address other important elements of the proposed ordinance. The ordinance does not outright restrict Formula Businesses. It limits to 12 the number of Formula Businesses that can occur at one time in town, a reasonable threshold for a Town as small as Walpole. It also protects existing businesses that may become a Formula Business after the adoption of the ordinance. 

Finally, if adopted, Walpole would not be the first community in the state to regulate Formula Businesses. The Towns of Jaffrey and Warner have adopted zoning regulations that define and restrict Formula Businesses. Many other communities in the state have adopted related regulations that seek to protect and promote their unique and special places from looking and feeling like anywhere else in the United States. 

Walpole is a special place that people choose to visit and to call home. It is evident that many, including Ms. Baron, want to keep Walpole special. However, this will not happen on its own. The proposed ordinance, which is consistent with the purpose of the Town’s Zoning Regulations and the Master Plan, will be a tool for the Town to maintain and promote businesses that contribute to the Town’s vitality and singularity. 

​​​​​

​​​​​​​Sincerely,​​​​​​​​​​​

Thomas R. Hanna

hanna@nhlandlaw.com

603-352-1928

Zoning Board Meeting Minutes – 3/15/23

ZONING BOARD 03/18/2023 Leave a comment

Roll Call: Present: Board members Chair Jan Galloway-Leclerc, Pauline Barnes, Tom Winmill. Alternates: Don Sellarole, Carolyn Vose, Shane O’Keefe. Absent: Board members Vice-Chair Judy Trow and Tom Murray. Alternate: Dave Edkins and Myra Mansouri.

Recording: Secretary Marilou Blaine. These minutes were recorded and are unapproved. They will be reviewed at the April 2023 meeting for corrections, additions or omissions.

Called to order: Ms. Galloway-Leclerc called the meeting to order at 7:05 pm. Alternates Don Sellarole and Carolyn Vose were asked to fill in for two absent board members and they agreed.

Minutes of January 2023: Ms. Leclerc made two corrections in the section titled Reviewing Sealed Minutes. In the third and fourth sentence the word “unsealed” should be “sealed.”
Ms. Vose made a motion to approve the amended minutes of March 15, 2023. Mr. Sellarole seconded the motion and the motion carried. 

Old Business:

Second Reading of Updated Bylaws

The Board began working on updating the Bylaws in November 2022. In January 2023, board members read aloud the amended document at the meeting according to Article X, which states that “by majority vote of the members provided that such amendment is read at two successive meetings.” After the conclusion of reading the Bylaws aloud for the second time, Ms. Vose made a motion to approve the Updated Bylaws. Ms. Barnes seconded the motion. Before a vote could be held on that motion, Mr. O’Keefe suggested that the date of January 2023 be changed to March 2023 because that is when the final reading occurred. So a motion was made to change the date of the updated Bylaws document to March 2023. Ms. Vose made a motion to change the approval date from January 2023 to March 2023. Mr. Sellarole seconded the motion and the motion carried. Then Ms. Vose repeated her motion to approve the updated Bylaws. Ms. Barnes seconded the motion and the Board voted unanimously to approved the updated Bylaws.

Minutes of nonpublic session held in January 2023.

After reading the minutes of these nonpublic session minutes, Ms. Barnes made a motion to approve the nonpublic minutes of January 2023. The motion was seconded by Ms. Vose and the motion carried. 

The Board went into nonpublic session at 7:45 pm to consider two previously sealed minutes. The Board came out of nonpublic session at 8:30 pm.  Ms. Vose made a motion to come out of nonpublic session. Ms. Barnes seconded the motion and the motion carried.

After the sealed minutes of July 15, 2020 had been read by the Board, Mr. Winmill made a motion to unseal the minutes. Ms. Barnes seconded the motion but a vote was never taken. Several Board members were uneasy about the repercussions of making the sealed minutes public. After a lengthy discussion about the sealed minutes of July 15, 2020, the Board was still divided between sealing and unsealing. Ms. Barnes suggested that maybe the NH Municipal Association should be consulted. Ms. Vose made a motion to have Chair Leclerc get an opinion from the NH Municipal Association on the contents of the July 15, 2020 nonpublic session minutes and whether they should remain sealed. Ms. Barnes seconded the motion and the motion carried. The Board will revisit what to do with these minutes at the April meeting. 

Minutes of nonpublic session dated July 21, 2021.

After reading the nonpublic sealed minutes, the Board came out of nonpublic session to vote on the nonpublic minutes of July 21, 2021. A motion was made by Ms. Vose to unseal these minutes was made by Ms. Vose and seconded by Ms. Barnes. It carried unanimously.

Adjournment: 

Ms. Barnes made a motion to adjourn. Mr. Winmill seconded the motion and the motion carried. It was 8:40 pm.

Respectfully submitted,

Marilou Blaine

Recording Secretary

Selectboard Meeting Minutes – 3/9/23

SELECTBOARD 03/17/2023 Leave a comment

Selectboard Present:  Steven Dalessio, Chair and Peggy Pschirrer; Cheryl Mayberry, absent.

Staff Present: Sarah Downing, Jordan Cannon

CALL TO ORDER:  Mr. Dalessio called this meeting of the Selectboard to order at 6:30 PM in the Walpole Town Hall. Mr. Dalessio commented upon the absence of Cheryl Mayberry. 

ACCOUNTS PAYABLE:

Mrs. Pschirrer moved to approve the Accounts Payable Check Register in the total amount of $83,689.59 for checks issued March 10, 2023. Seconded by Mr. Dalessio.  With Mrs. Pschirrer and Mr. Dalessio in favor, the motion was approved. This includes a payment of $30,685.75 to NH Retirement System.

PAYROLL:

Mrs. Pschirrer moved to approve the Payroll Check Register in the amount of $34,318.13 dated March 10, 2023, and for the 941 Payroll Tax Transfer in the amount of $7,420.48.  Seconded by Mr. Dalessio. With Mrs. Pschirrer and Mr. Dalessio in favor, the motion was approved. 

SELECTBOARD MEETING MINUTES:

SELECTBOARD MEETING – March 2, 2023:  Mrs. Pschirrer moved to approve the Minutes of the Selectboard meeting of March 2, 2023. Seconded by Mr. Dalessio. With Mrs. Pschirrer and Mr. Dalessio in favor, the motion was approved.

SELECTBOARD NON-PUBLIC SESSION – March 2, 2023:  Mrs. Pschirrer moved to approve the Minutes of the Selectboard Non-Public Session of March 2, 2023. With Mrs. Pschirrer and Mr. Dalessio in favor, the motion was approved. The minutes are to remain sealed. 

COMMITTEE REPORTS:

Planning Board Workshop Meeting- February 28, 2023: Mrs. Pschirrer called to attention the minutes of the Planning Board Workshop meeting of 2/28/2023. 

PROPERTY TAX ABATEMENTS:

Map and Lot# 023-014-001: Mrs. Pschirrer and Mr. Dalessio signed the property tax abatement of $22 for Map and Lot# 023-014-001. The motion was approved at the prior Selectboard Meeting.

OLD BUSINESS:

Houghton Brook Bridge Aid letter: Mr. Dalessio stated that engineering consultants have been contacted regarding Houghton Brook Bridge. Mr. Dalessio signed the Houghton Brook Bridge Aid letter. 

Houghton Brook Bridge Update: Mr. Dalessio stated that a temporary bridge will need to be built. He said that the Town has received only have one quote thus far. The project may be completed in 2025.

North Walpole Polling Location: Mr. Dalessio stated that St. Peter’s agreed to pay for the insurance for the Voting Day event.

Invoice Policy: Mrs. Pschirrer motioned to approve and sign the Invoice Policy. Seconded by Mr. Dalessio. With Mrs. Pschirrer and Mr. Dalessio in favor, the motion was approved. Mrs. Downing confirmed with the Selectboard that the policy would be emailed to Department heads the following day. 

NEW BUSINESS:

Police Cruiser: Mrs. Pschirrer reflected on the $45,000 which was approved in a warrant from the previous year to purchase a police cruiser. Mrs. Pschirrer noted that the updated estimate for the police cruiser is $56,415. Mrs. Pschirrer questioned how the Town would pay the cost of this cruiser? She noted that the cost associated with replacing the hybrid police vehicle is $21,915, in addition to the $11,415 difference between the estimates for the new police cruiser. She noted that there is $46,000 in the Police Department Capital Reserve Fund that could potentially be used to satisfy these costs. Mr. Dalessio put forth the possible use of the Police Department Revolving Fund. Mr. Dalessio commented that the $47,000 listed in the warrant article could be changed to the present quote amount at the Town Meeting. Mr. Dalessio questioned if the state discount had been applied to the two amounts needed for the Police vehicles. Mrs. Pschirrer and Mr. Dalessio found agreement to first pull from the Revolving Fund, then from the Capital Reserve Fund after assessing if the most recent discounts have been applied to the two police vehicles. 

Asset Management Grant for Water System: Mrs. Pschirrer motioned to allow Mr. Dalessio to sign the asset management grant for water systems. Mr. Dalessio seconded the motion. With Mrs. Pschirrer and Mr. Dalessio in favor, the motion was approved.

Revolving Funds and NHPHIP: Mrs. Pschirrer motioned to move the Revolving Funds from the Savings Bank of Walpole to PDIP. Mr. Dalessio seconded the motion. With Mrs. Pschirrer and Mr.Dalessio in favor, the motion was approved.

Open Container Request: Mrs. Pschirrer motioned to approve Burdick’s request to have open containers for Bastille Day and Oktoberfest. Mr. Dalessio seconded the motion. With Mrs. Pschirrer and Mr. Dalessio in favor, the motion was approved.

Town Buildings’ Energy Audits: Mrs. Pschirrer motioned to allow Liberty Utilities energy audits for Town buildings. Mr. Dalessio seconded the motion. With Mrs. Pschirrer and Mr. Dalessio in favor, the motion was approved.

NON-PUBLIC BUSINESS RSA 91-A:3 II (a):

Mrs. Pschirrer moved to enter into Non-Public Session pursuant to RSA 91-A:3 II (a) at 7:02 p.m. Mr. Dalessio seconded. With Mrs. Pschirrer and Mr. Dalessio in favor, the motion was approved.

The meeting reconvened at 7:19 p.m.

WARRANT ARTICLES: Mr. Dalessio discussed which Selectboard members and Town employees willbe presenting the warrant articles at the Town Meeting. 

ADJOURNMENT:

Mr. Dalessio moved to adjourn this Selectboard meeting at 7:25 PM.  Seconded by Mrs. Pschirrer.  Mr. Dalessio asked if there was any additional discussion. There was none. With Mrs. Pschirrer and Mr. Dalessio in favor, the motion was approved.

Respectfully submitted,

Jordan Cannon, Recording Secretary