This article has been changed. Andrew Osterman’s proposal is that Select Board would only be able to appoint residents below age 65 to town commissions, committees or boards if the average age of the current members is over 65.

The Peterborough Select Board unanimously voted Tuesday not to recommend three petition warrant articles brought forward by Andrew Osterman.

Osterman’s articles concern appropriating funds to build an ADA-accessible walking and biking path from Evans Road to Shaw’s, disallowing Town Meetings, board meetings, commission meetings or committee meetings from taking place between 5 and 8 p.m. and requiring the Select Board to only appoint residents below the age of 65 to vacant seats, positions and roles if the average age of the current members is over 65.

The petition warrant articles will be discussed again at the town’s deliberative session on April 4, and the Select Board decided all three will be voted on at the open session of Town Meeting rather than going on the ballot. To be brought to Town Meeting, a petition warrant article needs 25 signatures.

Select Board Chair Tyler Ward clarified that although Osterman is a member of the Budget Committee, the committee was not involved with the proposed articles. The Select Board, other members of the Budget Committee and the public present at the hearing expressed strong concerns and reservations about all three articles.

Regarding the walking and bike path article, which asks voters to appropriate $201,000, Selectman Bill Kennedy questioned if the town has ever planned by petition before. Town Administrator Nicole MacStay said she was not aware of it happening.

“I think it’s a bad precedent to set,” said Kennedy. 

The way the article is written, the funds would come from the “Pedestrian Enhancement Fund” which MacStay said does not exist. She believed Osterman was referring to the Transportation Improvement Capital Reserve Fund, which is exclusively meant for footpaths and bike trails. She added that the fund does not have $201,000 in it, so the dollar amount would need to be amended or some of the funds would need to come from taxation. 

Osterman explained that the proposed path would stretch from Evans Road past the back of the Department of Public Works lot to the Shaw’s parking lot. It would be 1,200 feet and made from hard pack, but after talking with Scott-Farrar residents, he hopes the project could receive a variance to use permeable pavement, which would be easier for people using walkers. 

Budget Committee Chair Carl Mabbs-Zeno brought up the municipal campus plan that at one point showed a path that ran parallel to Route 101 to Shaw’s.

“We don’t know where [the campus] is going to end up, why do it now?” he asked.

Selectman Bill Taylor noted the proposed connection into the Shaw’s parking lot, which does not have a designated area for foot traffic. 

“I think on a liability/safety standpoint there would be a whole lot of people who would weigh in and need to. We can’t just build something into [Shaw’s’] parking lot,” he said.

MacStay said it might be a bigger project than Osterman thinks, including requiring a lot of maintenance. 

“It’s basically building a sidewalk through the woods,” she said.

Because this is a money-related article, both the Select Board and Budget Committee voted on whether to recommend it. Like the Select Board, the Budget Committee decided not to recommend the article by a 7-1, with Osterman the only vote in favor.

Regarding the article concerning appointing only people 65 and younger to boards and committees, MacStay said the town attorney had looked at it and said it was discrimination and would be against federal law to enforce. The article will still be put on the warrant, but MacStay said if it were to pass the town could not enforce it. 

Osterman argued that committees are appointed roles, not employment.

Ward said at almost every meeting, they discuss how valuable contributions from volunteer citizens are, “and to put any kind of limit – it doesn’t make sense. We should encourage young people – that’s the real challenge, not limiting people.” 

“I would echo the comments that have already been made about the importance of diversity on any of these appointed committees, and I would say that it goes beyond age,” said Budget Committee member Mary Clark. “We could talk about gender, we could talk about disability status, we could talk about sexual orientation and any number of other demographics, none of which are required to be divulged by an appointed person. I would again reinforce the positive approach and the encouragement of diversity on a number of demographic factors that would enrich our committees.”

Regarding Osterman’s article proposing blackout times for town-related meetings between 5 and 8 p.m. the wording reads, “Moreover, a resident of Peterborough should never be forced to choose between being a good parent and being a good citizen.”

“I’m paying $20 and hour just to sit here right now,” said Osterman, referencing paying for a babysitter to make the 5:30 p.m. meeting. 

“Is there a time that they should meet?” asked Taylor. 

Ward said in his experience attending various board meetings as a Select Board liaison, the groups almost always discuss the best time to meet to accommodate people’s schedules.

“It’s not because it’s not a good idea to want people at meetings,” Ward said. “But you can’t dictate it.”

Francie Von Mertens, co-chair of the Conservation Commission, said there are multiple people on that board working 9 a.m. to 5 p.m. jobs, and when they last asked about the best time to meet, the determination was 7 p.m. Site visits often work best at 5 p.m.

“Briefly, it’s a nightmare to  schedule. And as one person said, you’re never going to get the sweet spot,” Von Mertens said.  

Peterborough will hold its deliberative session Tuesday, April 4, at 7 p.m. in the upper hall of the Town House. The ballot session of Town Meeting is Tuesday, May 9, from 7 a.m. to 7 p.m. at the Peterborough Community Center, and the open session of Town Meeting is Wednesday, May 10, at 7 p.m. at the Town House.

Peterborough residents will vote as part of the postponed ConVal school elections Tuesday, March 28, from 8 a.m. to 7 p.m. at the Peter borough Community Center.

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