Selectmen’s Meeting, 8-28-17

0:00:00 Pledge
0:01:15 DEPARTMENT UPDATES
0:01:20 Chief Thompson (Fire & Rescue)
$1753 repair cost for mirror lake station repair (Struck by lightning) Chief says don’t file insurance claim
0:04:50 Roof was spongy as far as roofwise
0:10:40 FD employees were paid for directing traffic during 5K race.
0:19:25 LIBRARY TRUSTEES
0:22:10 Chip: I’m surprised. I thought this plan would be closer to Skip’s plan. Not saying I’m disappointed.
0:25:05 Gordon: Initial estimate was $1.9 million. We’re working with SMP & Bouen to reduce that to $1,882,000
0:28:05 current library funds: more than $700,000
0:31:25 Chip: Encourage you to get more bids for construction management
0:39:55 Helen Hartshorn: What about the wetlands?
0:40:35 Carla Lootens: No, seriously, what about the wetlands?
0:43:28 Chip: was there a number estimated for stand alone police facility?
Lloyd: I don’t remember
0:46:00 Chip: There should be no other warrant articles other than the library.
0:49:10 REVIEW AND APPROVAL OF MINUTES
SIGNATURE FILE
0:52:13 Phyllis Tesslier appointment as alternate library trustees
0:53:00 Appointments to PLANNING BOARD: Russell Stensma & Kate Nesbit: 1 year term; Susan Wingate: 3-year term; James Libby: alternate for 3-year term
1:00:00 Bridges / HEB
1:!2:10 Tax Collector: abatement for Camp Belknap
1:13:20 2020 Census
1:14:27 CONTINUED BUSINESS
SELECTMEN’S UPDATE
1:19:39 CORRESPONDENCE
1:29:10 PUBLIC COMMENT

Library Trustees Meeting: Outline Specifications for Library Addition

The library trustees met today with SMP Architecture to discuss the outline specifications for a library addition (click for attached PDF). Trustees chairman Gordon Hunt reminded everyone that the specifications are not set in stone and things may still change.

The trustees will be meeting with the board of selectmen on Monday, August 28, at 4PM at the town offices. The next regular meeting of the trustees is Thursday, September 7, at 8AM at the library.

Public Hearing: Highway Funds

The Board of Selectmen will hold a Public Hearing on Monday, September 11, 2017 at 9AM to accept the allocation of Highway Block Grant Funds from the NH Department of Transportation in the amount of $70,710.48. The hearing is required by Pursuant to RSA 31:95-b, III (a). The hearing will take place at the Town Offices: 240 Middle Road, Ctr. Tuftonboro, NH.

Library Trustees Meeting 8-17-17

The library trustees met with Eric Paulson and Anthony Mento of the architectural firm S.M.P and construction manager Andre Kloetz of Bauen Co to discuss proposed plans for an addition to the library. S.M.P and Bauen worked on a cost estimate and came up with $1,900,000. Trustees chairman Gordon Hunt asked S.M.P. and Bauen to cut at least 10% out of the proposed cost. S.M.P noted there is $150,000 included in the estimate that is set aside for a contingency fund for unanticipated costs.

Selectmen Lose Right to Know Suit, at Cost to Taxpayers of Almost $20,000

The selectmen have lost their lawsuit against Bob McWhirter and me. Carroll County Superior Court Judge Amy Ignatius issued her decision on August 8, finding that the selectmen cannot charge us a fee to inspect governmental records, whether they be electronic or paper. This is not an earth-shattering decision. I don’t mean to disrespect Judge Ignatius’s judicial ability, but the law states, “No fee shall be charged for the inspection or delivery, without copying, of governmental records whether they be paper, electronic, or other format.” I honestly have no idea why the selectmen thought that meant they could charge us a fee to inspect governmental records.

But they gave it the old college try, anyway, and spent almost $20,000 of taxpayer money in the process.

The board at the time was Carolyn Sundquist, Bill Marcussen, and Lloyd Wood. Carolyn Sundquist has since left the board.

The selectmen have 30 days to appeal the decision.

David Taylor of Right to Know New Hampshire, summarizes the decision here:

The Town of Tuftonboro, N.H. lost its effort to charge $0.15 per page to redact emails provided electronically. Judge Amy Ignatius in Carroll County Superior Court ruled that redacting emails electronically does not substantively change their format nor does it incur actual costs that can be charged. The town had not sought to be reimbursed for the time it takes employees to redact the emails, and they provided no evidence of other expenses.

Unlike most Right-to-Know Law cases where a citizen sues for access to records or meetings, in this case the Town of Tuftonboro took 2 of its residents to court. The town basically wanted the court to declare whether the town could charge for redacted records. Since the citizens had to respond to the preemptive lawsuit by hiring a lawyer, they sought help from supporters. The town sought for details about those supporters, but the court also denied that request. In spite of the burden imposed by the town on the citizens, the court did not award attorney’s fees or court costs because the issue of redaction costs was not settled law and therefor the town did not “know or should have known” it was improperly denying access. The town has 30 days until September 7, 2017 to appeal. The full court order is available here.

Library Trustees Meeting August 10, 2017

Library Trustees
0:20:00 PUBLIC INPUT (None)
0:40:00 REVIEW and APPROVE MINUTES
0:01:20 TREASURER’S REPORT
0:3:23 LIBRARIAN’S REPORT
23 new patrons July (10 res adult, 1 non-res adult, 11 season, 1 youth)
Museum passes / state park passes lots of use in July
Database use (genealogy)
Lots of movies
there was a leak in the ceiling and it needs to be fixed before the boiler can be run. Also the trustees need to sign a contract with Carroll County Oil.
Old Homes Days — Friends of the library are hosting author and lunch program on Saturday, August 26
0:12:34 NEW BUSINESS
0:12:43 SMP Payment/Funding
Selectmen notified library trustees that funds from library capital reserve fund can not be used, following a letter to the selectmen from the trustees of the trust funds.
Current bill from SMP $10,879.50 (as of July 31)
Gordon: We asked SMP to do the work, they did it, we can’t just not pay them. If the plan is successful, all the money, both from the capital reserve fund, and from the fundraising, will go to the library. In the end, it’s a pair of pants and we’re talking about which pocket.
Mary Anne: Didn’t we vote to ask the selectmen to pay? It’s not the same pants, it’s our pants or your pants.
Mary Anne: motion to ask the selectmen to pay the bill from the undesignated fund balance.
0:24:00 (ish) Gordon: I’ll second for discussion, but if we do go back to selectmen the time lag until the make a decision will mean that SMP doesn’t get paid for a long time.
0:26:00 Paul I don’t think this is worth fighting
0:26:23 Gordon calls the vote. 1-2 fails
0:26:47 Gordon: motion that we take money from money market fund to pay SMP the outstanding balance. Paul seconds.
0:27:58 Call motion: 2-0 passes (Gordon & Paul: Aye, Mary Anne: Abstain)
0:28:43 SCHEDULE A MEETING: SMP / BAUEN
0:31:54 SCHEDULE A MEETING: SELECTMEN
0:33:48 OLD BUSINESS
animated architectural rendering from SMP
0:37:00 schedule next meeting
September 7
0:38:40 Mary Anne: I’m very frustrated that we keep pushing this back and back. We don’t even have a price (for the final project) and we’re paying SMP now. I want people to know, I’m not trying to be obnoxious. I’m frustrated. I understand the laws and the selectmen can’t use the capital reserve funds. I would like to have a general meeting for the whole town to find out what support is out there.
0:42:00 Phyllis (trustee alternate): I don’t understand how we can now do an addition when before we couldn’t
Christie: Wetlands.
43:50 Skip Hurt: if we get a new library (addition) for 1.5 million and a new police station for 1 million (the price in the police building report) that’s for less than what the completely new library would have cost
Skip: thank you for funding this. I’m getting sick of the back and forth.
Max Ledoux: Did you read the letter that the trustees of the trust funds sent to the selectmen? (Answer: Yes)
Adjournment

Selectmen’s Meeting August 7, 2017

0:00:00 Call to order / Pledge
0:00:45 PUBLIC
Chris Sawyer: Federal Corner Road
Max Ledoux: RTK 91-A
0:04:40 REVIEW AND APPROVE MINUTES
0:06:50 SIGNATURE FILE
0:10:10 Chief Adam Thompson (Fire Department)
Ambulance payment processor agreement
0:28:20 Adam refers to accusations that he misled people at Town Meeting
0:42:54 Town Meeting 1994 authorized FD to go outside town lines to assist other towns or states. RSA 167
0:44:12 Adam doesn’t want to bill other towns for the airboat.
0:47:40 Chip: If you send the ambulance and do the work, then do the transport so we can get the billing
0:52:50 RETURN TO SIGNATURE FILE
0:53:00 Electricity contract
0:55:20 SELECTMEN’S UPDATES (none)
0:55:40 CORRESPONDENCE
0:56:15 Which line in budget to expend money for GIllum Excavation to clean Dore property
0:57:00 Trustees of the Trust Funds letter: Library Capital Reserve Fund is specifically for a new building so can not be used for anything to do with the current building
1:01:45 Lloyd: No action we can take other than pass on the memo to the Library Trustees
1:02:10 Chip: Well, I think we need to rescind our previous vote to pay the bill.
Chip makes a motion
Bill: But we made commitment to pay the bill. It turns out we can use the capital reserve funds, but we can’t just say “oh, never mind.”
1:05:30 Lloyd lists options
1:07:00 motion passes to reverse previous vote to authorize payment.
Selectmen will invite Library Trustees
1:09:00 Chip to clarify about minutes: you can add things, only correct
1:09:20 Resignation letters from planning board members
1:10:50 subdividing old cemetery
1:14:15 PUBLIC COMMENT
Max Ledoux, asking for Kathy Sutherland: Why are you paying to clean the Dore property?
1:14:55 Adjournment

Patrick Harvie, Expert Witness, Bills Town $2,281.25

Patrick Harvie of Standish, Maine, doing business as HCCI in Derry, NH, has received $2,281.25 from Tuftonboro taxpayers in exchange for his “expert” testimony last month about “metadata” at the hearing for the selectmen’s lawsuit against Bob McWhirter and me (Tuftonboro vs McWhirter/Ledoux). The selectmen sued us because we made Right to Know requests for public documents.

The legal fees that taxpayers of Tuftonboro have paid to the selectmen’s attorney, Rick Sager of Ossipee, for this case currently total $16,336.12. Harvie’s payment, made on July 11, brings the total amount of taxpayer money expended by the selectmen in their lawsuit to at least 18,617.37.

The selectmen tried to charge Bob and me a fee to inspect governmental records, even though the Right to Know law (91-A) states, “No fee shall be charged for the inspection or delivery, without copying, of governmental records, whether in paper, electronic, or other form.”

The amount the selectmen tried to charge me to inspect documents was $6.50. They have spent nearly 3,000* times more than that so far on this lawsuit.

When prompted by Sager in court, Harvie boasted under oath that he knows “just about everything about how the internet works.” Even so, Judge Amy Ignatius rebuked him for using a monitor that she could not see. “Can I ask, since I can’t see any of it — I know there’s something up on the screen, but it’s not readable from here. …For my sake, and the sake of the record, if you want to point something out, a phrase like, ‘as you can see,’ doesn’t do much for me because I can’t see anything. So you need to really explain what it is.”

Harvie’s testimony was further made irrelevant when Jim Cowles, representing Bob and me, objected to his testimony on the grounds that neither Bob nor I had requested any metadata and did not contest that metadata exists. Judge Ignatius agreed that the testimony about whether metadata exists was unnecessary and asked that Sager move on. Seeming flustered, Sager then said, “Yes. K. So, uh, I guess your presentation is over.”

*The total they have spent is $18,617.37. What they wanted to charge me was $6.50. 2,864.21 * $6.50 = $18,617.37.

Selectmen’s Meeting with PD Chief Shagoury August 4, 2017

BOS meeting with Police Chief Andy Shagoury
0:00:00 Call to order / Pledge
0:01:00 performance reviews
0:01:40 new cruiser
0:02:25 Union Wharf parking ordinances
Town Meeting 1989 no overnight parking
selectmen 2003 two hour maximum
0:05:00 19 mile bay parking
0:10:00
0:15:25 Union Wharf Dock: conflicting signs
0:23:45 Community policing
0:28:00 (or thereabout) Drug take back days
0:37:25 Carrying firearms on school grounds — constitutional right. Police wouldn’t remove someone unless they were disorderly.
0:39:00 Firearms training
0:44:50 Bill: Police are people too
0:45:30 Police in schools
0:51:30 Lloyd: people say “Andy does a great job on NPR”
Lloyd: We need you to make a 90 degree turn to community policing. You need to do this for us.
0:57:30 Coverage when Andy’s out of town for Chiefs of Police Association business
1:02:00 NEW POLICE STATION
1:09:00 Lloyd: what message are you hearing from the selectmen over the last hour?
Andy: Communications.
Lloyd: Public relations?
Andy: Sure.
1:16:25 Lloyd: My expectation is there will be a substantial effort on your part

OTHER BUSINESS (Not with Andy)
1:16:45 Old Woods Road cleanup (The Dore property)
motion to approve bill for $1,200 to Gillum Excavation for clean up
1:18:10 motion to adjourn.