ANTRIM PLANNING BOARD MEETING
April 26, 2011
Members & Staff Present:
Scott Burnside (Member) Diane Chauncey (Staff) David Dubois (Member)
Mike Genest (Ex-Officio) Martha Pinello (Member) Andrew Robblee (Chair)
Stephen Schacht (Alternate)
Jesse Lazar (Vice-Chair) & Charles Levesque (Member) via conference call
Public Attendees:
Rob Michaelson James Hankard Shelley Nelkens
Ron Haggett Mr. Bosse Gordon Webber
Bob Cleland Annie Law Eric Market
Mary Allen John Soinien Stuart Gross
Michael Pon Richard Block Barbara Gard
Public Meeting:
Out of schedule meeting (in accordance with RSA 91-A:2 II) regarding the Planning Board’s role as an intervener for a June 3, 2011 Site Evaluation Committee .
Chair Robblee opened the meeting at 7:15 with introduction of the Board members and staff.
He asked Ms. Pinello to give a summary of the Site Evaluation Committee that had been held at the Public Utility Commission at 21 South Fruit Street in Concord on April 22, 2011. She discussed some of the following:
- Quasi-judicial hearing
- Petitioners, respondents and letter writers participated
- Ms. Pinello was spokesperson for the Planning Board – she read a prepared statement that had been crafted at the April 21 Planning Board meeting
- All participants were allowed to speak
- A technical session followed the hearing
- The SEC website is transparent
Ms. Pinello continued with the upcoming role of the Planning Board as an intervener:
- April 29 – Witnesses and legal counsel notification
- June 1 – 3 - the hearing will be set (before Summer vacations begin)
- She said that there were two sides –
1.] Applicants, Board of Selectmen, Gordon Webber Petition
2.] Planning Board, Mary Allen Petition,
- May 23 – tech session – witnesses and exhibits – get together for the day – shared information -Run through to be clear
Chair Robblee thanked Ms. Pinello for her summary. He stated that the majority of the Planning Board had voted for intervener status. He asked for discussion.
There was a long discussion. There were opposing views. Some members felt that the Planning Board would be better spent developing ordinances and regulations. Some members felt that the Board’s role was to intervene and oppose SEC jurisdiction and that the Board should develop a large wind facility ordinance.
There was also a discussion concerning legal counsel for the Planning Board. It was felt that the Town’s legal counsel supported the Board of Selectmen’s desire for SEC jurisdiction and since the Planning Board opposed this, the Planning Board would need legal counsel that supported the Planning Board position. It was felt that Town Counsel can not represent two points of view.
Legal counsel cost was discussed. The Planning Department’s legal budget is $5000.00 – of that $1117.00 remains. The majority of the Planning Board felt that legal counsel was necessary to oppose an SEC takeover.
The discussion continued. Two opposing points of view continued.
Vote:
Mr. Levesque moved for the Antrim Planning Board to hire Silas Little, Esq., of the Peterborough firm of Fernald, Taft, Falby & Little as legal counsel for the Antrim Planning Board and for Silas Little to plan for and advocate for Antrim Planning Board positions before the Site Evaluation Committee. Mr. Dubois seconded.
Mr. Levesque explained that Attorney Little had many years as a municipal attorney and that he had agreed to serve the Planning Board.
There continued a discussion of cost and how the Planning Board could proceed – time and money as a constraint. The discussion was lengthy and continued to state the two opposing views.
4 yes 4 no Motion fails.
The question “did the alternate vote?” was asked. One member considered the vote as policy, not procedural or administrative - the alternate should not have voted.
Chair Robblee said that the by-laws could not be amended at this special meeting.
Mr. Levesque motioned to overrule the Chair on the issue of allowing the alternate to vote. Mr. Lazar seconded.
The role of the alternate was discussed at length. Opinions had been sought from both Town Counsel and the Local Government Center. Both stated that as of July 2010, the alternate could not vote on procedural or administrative issues. The Antrim Planning Board By-laws had not been changed to reflect the legislative change. The Chair stated that the by-laws should be changed but not at the existing meeting.
The discussion continued. Chair Robblee wanted to do what he felt was correct. Mr. Levesque said that the by-laws were in violation of state law and that Attorney Little would back him up on that issue.
The discussion continued.
Vote:
5 yes 3 no Motion passes
Vote:
Vote on motion (same as 1st motion) : Mr. Levesque moved for the Antrim Planning Board to hire Silas Little, Esq., of the Peterborough firm of Fernald, Taft, Falby & Little as legal counsel for the Antrim Planning Board and for Silas Little to plan for and advocate for Antrim Planning Board positions before the Site Evaluation Committee. Mr. Dubois seconded.
Motion passes 4 yes, 3 no.
Mr. Burnside stated that this was the first time that he had seen a Planning Board play politics. He was trying to determine the angle, but the enjoyment was gone.
The Board questioned when was the discussion with Attorney Little to occur, how it was to be done and where would the funding come from.
Mr. Lazar moved to appoint Mr. Levesque to work with Attorney Little on behalf of the Planning Board.
It was not seconded.
Vote:
Ms. Pinello moved to proceed to find a mutually convenient time to discuss with Attorney Little in a non-public session. Mr. Burnside seconded.
6 yes 1 no (Chair – no)
The motion passes to meet with Attorney Little.
Chair Robblee stated that he did not agree with hiring an attorney but that he will take the time to work on the ordinances and the regulations. He said that there should be an August 15 filing for a September vote.
Meeting Schedule & Critical Dates:
Draft Agenda for NE wind energy Education Project
At 9:20 Mr. Burnside moved to adjourn the meeting. Ms. Pinello seconded. All voted to adjourn.
Respectfully submitted, Diane Chauncey, Secretary of the Planning Board
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