TOWN OF WALPOLE

MEETING OF THE BOARD OF SELECTMEN

AUGUST 24, 2006

Selectmen Present:            Whitney Aldrich, Charles Miller, Sheldon Sawyer

Mr. Aldrich called the meeting to order at 7:30 P.M. with forty-two people present in the audience.

PUBLIC BUSINESS:

DANCE PROPERTY:  Creg Dance distributed copies of the letter dated August 24, 2006, from Creg & Jill Dance to the Board of Selectmen and read it for those in attendance.  Mr. Miller read a memo from Elaine Moore to the Board of Selectmen on information obtained from the Local Government Center relative to the interpretation of “incidental”.  The interpretation of incidental to this property is not clear.  Mr. Dance noted that when the alpacas are down to ten (10) or less by June 1, 2007, it will be considered a “hobby farm” with pets.   Mr. Dance advised that, at this time, he is just asking for an extended period of time to reduce their current alpaca herd. 

Bill Curry said this property is a benefit to the neighborhood.  The Dance’s made a big investment and, compared to what the property was, it is a big improvement.  He has not seen anything that would indicate a nuisance and it is a reasonable use of the property.  Charles Blount lives on the Wentworth Road and considers the Dance’s to be an asset on the road, neighborhood and the Town.  Barbara Chabot feels the same way.  Mrs. Tretler said their property value will go down.   Mr. Sawyer talked with the Town assessor who feels the prices have probably gone up because of the Dance’s up-grade to their property.  Myra Mansouri questioned if the animals use all of the acreage.  Mr. Dance responded that they are confined to two pens on the property. 

Mr. Sawyer stated that the Board of Selectmen was given a deadline of thirty (30) days.  He recommended that the Board of Selectmen not make a decision tonight since Mr. Tretler could not be here and Mr. Sawyer would like Mr. Tretler to have an opportunity to look at the proposal but the Board of Selectmen will act within the thirty (30) days.

JAY CHAMBERLIN:  Jay Chamberlin is working toward an Eagle Scout status and he has proposed doing flowers and shrubs around the Common, near the memorial, as one of his badge projects.  He handed in a sketch to the Board of Selectmen.  The Board of Selectmen had asked him to contact Bruce Martin about the Memorial and Stuart Bailey about the bandstand but they are not sure about plantings at this time as the projects will not be completed until the spring.  Jay Chamberlin explained that his project has to be completed before he is 18 years old; he could do it in the spring but would prefer to do it sooner.   Mr. Aldrich asked Jay Chamberlin to come back to the meeting next Thursday night with more detail in his sketch.

VETERAN’S MEMORIAL:  Bruce Martin advised that they are now up to 950 names of veterans.  The memorial will be made up of seven granite blocks and both sides can be used.  Jeanne Ranney is concerned with kids sitting on it; the new memorial reminds her of a highway barrier.  We have a memorial out there that is appropriate.  Bruce Martin said the present monument is deteriorating.  Robert Jasse is a veteran but doesn’t feel the need to be commemorated in this way; why not just identify the vets that were killed in action or were prisoners of war.  Barkley Bull, an abutter to the Common, would like to separate the memorial from the pavilion but he is supportive of the vets.  He read his letter that was submitted to the Board of Selectmen, dated August 22, 2006.  Jennifer Burr noted that her father and brother were vets and they feel it should be for those that died in the service.  Many residents like the Common

as it is now and they feel it should be brought up at a Town Meeting as that is the democratic way of resolving this as it is common ground.  Mrs. Martin advised that they talked to many veterans and their families and their support has been over-whelming; this is a fine thing for the Town to do.  They received quite a few emails including one from someone serving in Iraq that was delighted to know that her name will be on the plaque.  Bruce Martin talked to about 300 people in this Town since this project started and they were supportive.  It is only tonight that they learned of the opposition.  This is not a new project as he has been working on it for almost two years.  We should encourage our young people to defend our freedom and one way to do this is for them to see a memorial.     

BANDSTAND:  Barkley Bull, in his letter to the Board of Selectmen dated August 22, 2006, made reference to the town’s applicable zoning regulations, site plan review regulations and RSA 35.19e governing the acceptance of personal property and RSA 31.95e the town is safeguarded against an overstepping of Selectmen authority by the control of the purse and that control is a cautionary influence on their authority to accept gifts of property.  He also referenced RSA 674:54 regarding Governmental Use of Property.  There would have to be a policy on the use for the party space.  Mr. Bull proposed that Mr. Bailey set up a Trust for the Town in his wife’s name rather than a permanent entertainment pavilion.  Mr. Bull did not feel the public hearing held two weeks ago was a legal public hearing as the abutters were not notified.  There was discussion relative to the Public Hearing; Mr. Aldrich advised that it was legally posted.  Mr. Sawyer noted that the Local Government Center was contacted and their verbal report was that the Board of Selectmen did not need to hold a Public Hearing, even though they did, as they can accept this gift provided that they give notice to the Planning Board at least 30 days prior to the construction.  Abutters did not need to be notified.  They did this because of the previous pavilion proposal several years ago. 

Stuart Bailey presented a sketch to the Board of Selectmen outlining the approximate location of both the memorial and bandstand.  The bandstand will be 35-to-36-feet long and 16-feet high with a two-foot cupola.  Cindy Westover questioned what will happen to the Christmas tree.  Krystyna Marcom noted that the Women of Walpole collected money for the tree and so it is sacred.  There was discussion relative to the deteriorating condition of the tree; maybe a smaller one could be put in a location where it could be seen more.  Jennifer Burr noted that she just became aware of the projects and suggested that Whitcomb Park could be used for both.  Cindy Westover asked if there was a problem with taking the bandstand to the next Town meeting as she likes the Common all green but if the Town votes and the majority wants it then they win. 

Krystyna Marcom handed in a Petition “Walpole Residents Let’s Keep the Common Green and Open – No Time to Change Over 250 Years of History” that had 86 signatures.  She advised that this affects both projects and feels we have to think about public space that has been there for a long time.  Robert Graves signed the Petition but thought it was for the bandstand only and not for the memorial; he wants a Town vote.   

Bruce Martin asked for an answer from the Board of Selectmen.  He has about $75,000 toward the memorial and does not want to be put on-hold.  Mr. Aldrich stated that a few months ago the Board of Selectmen supported the Memorial project and they still do.  Mr. Sawyer did not believe that the Town took a vote to allow the tree to be there or the benches or the electricity but the Board of Selectmen, in their wisdom, chose to do so.  They were working under the same generosity on the bandstand.  Bruce Martin noted that there has been too much time and effort put into the memorial to have it torpedoed at the last minute.  For people to say this is a new project is

wrong.  A resident questioned the upkeep of the bandstand.  Mr. Aldrich responded that they thought about renting it but it was just a thought.  Stuart Bailey advised that as long as he lives he will be responsible for the maintenance and is willing to make arrangements for its upkeep after he has passed away.  Mrs. Martin noted that other little towns have these monuments commemorating their veterans and this is a sad day to see all of these indecisions for the veterans that served this country.      

POLICE DEPARTMENT:  The Board of Selectmen discussed using the Police Department for flagging traffic on Town projects with Police Chief David Hewes.  Jim Terrell needed some help but did not expect to receive a bill for that service as it will come out of his budget.  Mr. Sawyer suggested that the Town get some people licensed for doing this work; if the part-time police officers want to do it that would be acceptable but it would be at the Highway Department’s rate of pay. 

Mr. Miller discussed receiving a phone call from someone that was selling tickets to the Charlestown / Walpole vs Retired Red Sox softball game.  Chief Hewes explained that this was through the Police Benevolent Association and he is not a member, however, one of his newer officers was involved and talked with the office staff.  Mr. Miller advised that the Board of Selectmen should be made aware of any event or soliciting that is done using the Town of Walpole name.  Chief Hewes will so advise his department. 

Mr. Sawyer asked Chief Hewes what the department’s policy is on trespassing after they receive a call; basically get told to get off before the police officer knows if it is their land or not.  It was disputed territory but the two Board of Selectmen that were on the scene did not feel they were on the other party’s property.  Chief Hewes was not aware of the incident but will look into it.

ACCOUNTS PAYABLE:  Mr. Sawyer moved to approve the Accounts Payable check register and manifest in the amount of $25,884.10.  Seconded by Mr. Miller.  All in favor, so voted.  

PAYROLL:  Mr. Sawyer moved to approve the payroll voucher for the week ending August 19, 2006, for gross wages in the amount of $20,907.15 or net wages in the amount of $13,007.43.  Seconded by Mr. Miller.  All in favor, so voted.

Mr. Miller moved to approve the electronic fund transfer for the Withholding, MEDI and FICA taxes in the amount of $4,971.33.  Seconded by Mr. Sawyer.  All in favor, so voted.

MINUTES –SELECTMEN’S MEETING- AUGUST 17, 2006:  Mr. Sawyer moved to approve the Minutes of the public Board of Selectmen’s meeting of August 17, 2006, as printed.  Seconded by Mr. Miller.  All in favor, so voted.

DEPARTMENT / COMMITTEE REPORTS:

The Board of Selectmen received and reviewed the minutes of the following meetings:  1) Zoning Board of Adjustment - August 16, 2006; 2) Planning Board Work Session Minutes – August 22, 2006; and 3) North Walpole Village Board of Commissioners – August 22, 2006.

WARRANTS:

HENRY FLETCHER –MAP 009-004-000- REPORT OF TIMBER CUT:  Mr. Miller moved to approve the Warrant for the Collection of Timber Tax Fees in the amount of $143.50.  Seconded by Mr. Sawyer.  All in favor, so voted.

GORDON AND TERESA HUNT –MAP 005-005-001 – REPORT OF TIMBER CUT:  Mr. Sawyer moved to approve the Warrant for the Collection of Timber Tax Fees in the amount of $207.90.  Seconded by Mr. Miller.  All in favor, so voted.

BUILDING PERMITS:

JACK FRANKS –MAP 008-086-000:  Mr. Miller moved to approve Building Permit No. 2006-046 for Jack Franks to construct a storage shed / chicken coop to be attached to the garage.  Seconded by Mr. Sawyer.  All in favor, so voted.

OLD BUSINESS:

GAZEBO:  Mr. Sawyer noted that at the Public Hearing there were twenty-four people in attendance and they supported the bandstand proposal.

Mr. Sawyer moved to ask Elaine Moore to contact the Local Government Center to investigate the authority of the Board of Selectmen to accept the gift, meet the RSAs and what regulations govern them.  The opinion should be in writing.  Seconded by Mr. Miller.  All in favor, so voted.

ALLEN BROTHERS - #2 FUEL CONTRACT:  The Board of Selectmen acknowledged receipt of a letter from Tim Allen agreeing to the purchase of No. 2 fuel oil for the coming season. 

DIESEL FUEL – HIGHWAY:  The Board of Selectmen advised that Jim Terrell made arrangements with Irving Oil to purchase the diesel fuel for the Highway Department.

TIMBER CUTS:  The Board of Selectmen reviewed and approved the notice that Elaine Moore will be sending out on non-reported cuts that will including a “doomage fee”. 

GARY KINYON LETTER REGARDING MERRIAM FARMS:  The Board of Selectmen acknowledged receiving a letter from Gary Kinyon regarding Merriam Farms. 

ASSESSING PORT:  Relative to the request from Jim Rice, Granite Assessing Service, at the last meeting, Elaine Moore advised that Audrey’s computer and desk will be available whenever he is in the office.  The cost for a port would be $312.50.  To network the office computer system with Jim Rice’s home computer will be temporary until the revaluation is done.   

Mr. Sawyer moved to approve paying $249.00 to hook-up the office computer system with Jim Rice’s computer at his home.  Seconded by Mr. Miller.  All in favor, so voted.    

NEW BUSINESS:

TOWN HALL KEYS:  Mr. Sawyer moved to approve the concept of having one master key for the Town Hall that would be given to the Board of Selectmen, Elaine Moore and the Fire Department.  All locks will be changed and keys given to each office user for their own office.  The cost will be between $400 and $500.  Seconded by Mr. Miller.  All in favor, so voted.

LETTERS TO BE SIGNED:

ERNIE VOSE:  Mr. Sawyer moved to approve and sign the letter to Ernie Vose accepting his resignation from the Zoning Board of Adjustment and thanking him for his time and dedicated service.  Seconded by Mr. Miller.  All in favor, so voted.

DR. AND MRS. ANTHONY H. PRESUTTI, III:  Mr. Sawyer moved to approve and sign the letter to Dr. and Mrs. Anthony H. Presutti, III regarding property taxes.  Seconded by Mr. Miller.  All in favor, so voted.

IRVING OIL:  Mr. Sawyer moved to approve and sign the letter to Irving Oil regarding the purchase of diesel oil.  Seconded by Mr. Miller.  All in favor, so voted.

NON-PUBLIC SESSION:

Mr. Sawyer moved to enter into a Non-Public session pursuant to RSA 91-A:3 II to discuss (a) Personnel.  Mr. Miller seconded the motion and, on a roll call vote with all in favor, the motion carried.  The time was 10:40 P.M.

The regular meeting resumed at 10:58 P.M.  There were no announcements.

Mr. Sawyer moved to adjourn this meeting.  Seconded by Mr. Miller.  All in favor, so voted.  The time was 10:59 P.M.

Respectfully submitted,

Regina Borden, Recording Secretary

THESE ARE UNAPPROVED MINUTES.  CORRECTIONS, IF NECESSARY, MAY BE FOUND IN THE MINUTES OF THE AUGUST 31, 2006, SELECTMEN’S MEETING.