Mount Washington Valley Supports Recovery

This evening Tuftonboro’s annual Town Meeting voted on article 20, “To see if the town will vote to raise and appropriate the sum of Five Hundred Dollars ($500) to support Mount Washington Valley Supports Recovery.”

I suggested that instead of spending taxpayer money, each of us in attendance should pledge to go home after Town Meeting and make a personal donation of $25. I said that that would raise more money than the article was proposing. I also promised that I would make a $25 donation myself after Town Meeting. I have just donated to the MWV Supports Recovery GoFundMe page:

Article 20 passed as amended by Bob McWhirter to increase the $500 to $2,500.

I urge everyone who believes MWV Supports Recovery is a worthy cause to make their own personal donation to the organization. They are seeking to raise $30,000 on their GoFundMe page. Donate here.

Giving other people’s money away is not charity. Giving your own money is charity.

Tuftonboro Participates in Work Session with Neighboring Towns

On Tuesday night Selectman Lloyd Wood participated in a joint work session with a number of neighboring towns: Center Harbor, Moultonborough, Sandwich, Tamworth, Meredith, and Wolfeboro. The purpose of the meeting was to explore ways that the towns might be able to share costs for services. Some suggestions for shared resources included emergency services, code enforcement, and human resources (i.e. payroll).

The meeting was exploratory in nature and the town representatives agreed to a second meeting to be held at the Tuftonboro Central Fire Station on Tuesday, April 11, at 6:30PM.

Tri-CAP’s Federal Lawsuit Against Former Auditor Over Financial Mismanagement

Tri-County Community Action Program, a 501(c)(3) non-profit organization asking the town of Tuftonboro to give it $5,000 in 2017, was in federal court Friday. The organization filed a lawsuit in December, 2015, against a former auditor. Tri-CAP has a budget of more than $20,000,000 and alleges that its auditor from 2008-2011, Ron L. Beaulieu & Co., of Portland, ME, failed to alert the board of directors of Tri-CAP that the organization’s finances were in shambles, in what other auditors have characterized as “inappropriate and perhaps illegal,” according to the New Hampshire Union Leader.

In particular, Tri-County CAP officials were taking money from a flush, fuel assistance account to prop up a dental medicine benefit for low-income clients that was running way over budget.

“The defendant during his years of audits found no deficiencies, and reported no concerns to TCCAP’s Board of Directors,” the suit said.

Once the state director of charitable trusts learned of the charity’s financial problems, he named a special trustee in January 2013 and dismissed Beaulieu as the auditor and retained Mason & Rich of Concord.

The new auditors found “substantial financial difficulties,” ordered the 2012 audit be modified and said in a report that the problems were “long-standing, multi-year problems and were so dire as to question whether TCCAP could continue to provide services as a going concern.”

Due to Tri-CAP’s financial mismanagement, the New Hampshire legislature stepped in and provided the organization with a $1,000,000 bailout and a $300,000 line of credit. Tri-CAP later settled with the state for $700,000.

You can view the Tri-County Community Action Program request package that was sent to the Tuftonboro selectmen.

Those who are interested in donating their own money to Tri-County Community Action Program can do say at their web site. Those who want to donate other people’s money to Tri-CAP don’t have to take any action. The selectmen will already be redistributing the town’s tax money to Tri-CAP and other 501(c)(3) organizations that the selectmen support.

Public’s Right to Know Under Attack in New Hampshire

I’m getting sued by the Tuftonboro board of selectmen (Carolyn Sundquist, Lloyd Wood, and Bill Marcussen) because I made a document request through New Hampshire’s Right to Know law and the selectmen don’t want to comply with the law.

So they sued me!

Now I’ve had to hire an attorney to defend myself, along with my co-defendant, Bob McWhirter, who is also being sued because he made a lawful request to inspect records.

We’re asking for small contributions to help us defray the costs imposed on us by the selectmen’s abuse of power.

Please consider donating $5 at https://igg.me/at/zFnfBtqY90Q.

Judge Fauver Grants Motion to Continue

Carroll County Superior Court Judge Peter Fauver granted a motion to continue Friday, which Bob McWhirter and I requested through our attorney, delaying our court date to January 27, 2017. The selectmen (Carolyn Sundquist, Lloyd Wood, and Bill Marcussen) will have to now wait to prosecute their abusive lawsuit against us.

212-2016-CV-201 Notice of Decision
212-2016-CV-201 Notice of Hearing

A Cold Sunday Morning Visit

When you have done nothing wrong and the government sends armed men to your door as part of an effort to stifle your rights, tyranny is not too strong a word.

The deputy’s name was Brian Argue, and he visited both my and Bob Mcwhirter’s homes to serve us with a lawsuit from the board of selectmen (Carolyn Sundquist, Lloyd Wood, and Bill Marcussen). Despite his last name, Deputy Argue was very genial and truly professional. I have no argument with his conduct. Nevertheless, how would you like an officer of the law–no matter how polite–to show up on your door with a court order, just because you made a Right to Know request?

We made a lawful request to inspect governmental records (emails, in this case), and the selectmen responded by irresponsibly and abusively dragging us into court. All because the selectmen don’t want to abide by the Right to Know law.

Due to the selectmen’s lawsuit, we have had to hire an attorney: Jim Cowles of Walker & Varney, P.C., in Wolfeboro. We have received a tremendous amount of support from other residents in town, who have generously offered to help us defend ourselves — and defend the public’s Right to Know — in court. Some local residents are taking checks directly to our attorney (checks should be made out to “Walker & Varney, P.C.,” with “McWhirter/Ledoux” written on the check’s memo line). We have also set up a crowdfunding page at Indiegogo where people can contribute to the legal costs forced upon us by the selectmen.

The full cost of defending our right to inspect governmental records against the selectmen’s vindictive lawsuit could rise into the many thousands of dollars. And that’s not even counting our taxpayer money that is being spent on the selectmen’s attorney, Rick Sager, to persecute us.

If you are inclined, and if you are able, we would appreciate your support: https://www.generosity.com/fundraising/defend-public-s-right-to-know-in-new-hampshire/.

Union Leader Editorial on Right to Know Law: Update It

The Union Leader published an editorial this week calling for the legislature to update the Right to Know law for the digital age, while referencing the selectmen’s abusive lawsuit against Bob and me:

Tuftonboro selectmen are the latest municipal officials asking for citizens to reimburse taxpayers for the time and expense of preparing public records for inspection. State law clearly provides that citizens can inspect public documents free of charge, but can be charged for actual copying costs.

Resident Robert McWhirter wants access to 11,000 town emails. Selectmen say it will cost up to $12,800 to prepare the documents, redacting any confidential information. They are asking Carroll County Superior Court for permission to charge $.25 per page, potentially thousands of dollars.

The law needs to be rewritten for the digital age. State and local governments need to create and archive electronic records, including official email accounts, knowing that the public will read them.

– Read the full editorial at: http://www.unionleader.com/editorial/Update-the-law-Right-To-Know-in-the-information-age-12152016#sthash.OTqBsem5.dpuf

The only thing I would quibble with is the assertion by the selectmen (Carolyn Sundquist, Lloyd Wood, and Bill Marcussen) that it will cost up to $12,800 to comply  with the law. Please keep in mind that our taxes already pay the salaries of the town office staff. Replying to Right to Know requests is part of the “normal work schedule,” according to none other than Carolyn Sundquist. There is no added cost.

Community Christmas Service Well-Attended

The First Christian Church of Tuftonboro (across from the General Store on 109A) held its annual community Christmas service on Sunday evening. Around 75 people attended the service, which was led by Rev. Kent Schneider, who is the interim pastor of the First Congregational Church in Farmington, NH.

The congregants sang Christmas carols with the aid of Cecelia Ewing on keyboard, Patti Nisbet on flute, Betty Schneider on persuasion, and Jane Wilson on clarinet and recorder. Mike Lymburmer sang tenor. Natalie Hebden also played guitar and mandolin, as well as sang.

Rev. Schneider’s sermon was on patience. “What are you waiting for?” He asked. He said we live in a time when people expect instant gratification. But Mary, Joseph, and even Mary’s sister Elizabeth, were waiting, he said, and they were rewarded for their patience.

After the service, Tuftonboro residents stayed to mingle and talk with friends and neighbors.

The First Christian Church of Tuftonboro is 147 years old.

“….the times that try men’s souls.”

Pre-result,  Election Night, 2016:

These are the times that try men’s souls.

The summer soldier and the sunshine patriot will, in this crisis, shrink from the service of their country; but he that stands by it now, deserves the love and thanks of man and woman.

Tyranny, like hell, is not easily conquered; yet we have this consolation with us, that the harder the conflict, the more glorious the triumph.

What we obtain too cheap, we esteem too lightly:

it is dearness only that gives everything its value.

Heaven knows how to put a proper price upon its goods; and it would be strange indeed if so celestial an article as FREEDOM should not be highly rated.
Thomas Paine,  The Crisis. December 23, 1776

Zoning Board Grants Continuance to Zimmerman

No decision was made at last night’s Zoning Board of Adjustment public hearing about the proposed self-storage unit project at 181 Middle Road next to the fire station. The board will reconvene on October 4th at 7PM at the Town House to hold a vote.

The board chairman, Mark Howard, began the public hearing by explaining that the petitioner — Paul Zimmerman, through his representative — was coming before the board asking for a special exception, not a variance. A variance is required when the current zoning specifically prohibits a proposed use for the property. However, Article 3.6.F13 of the Tuftonboro Zoning Ordinance allows the construction of “Storage Buildings” in medium density residential areas by special exception.

Therefore, the use is permitted if the property owner can demonstrate that the use will meet five specific criteria. Howard confirmed to me that if the use does meet the criteria, then the the law requires that the board must grant a special exception.

The criteria are:

Special Exceptions shall meet the following standards:
1. Standards provided by this Ordinance for the particular use permitted by special exception.

2. No hazard to the public or adjacent property on account of potential fire, explosion or release of toxic materials.

3. No detriment to property values in the vicinity or change in the essential characteristics of a residential neighborhood on account of the location or scale of Buildings and other structures, parking area, Access ways, odor, smoke, gas, dust, or other pollutant, noise, glare, heat, vibration, or unsightly outdoor storage of equipment, vehicles or other materials.

4. No creation of a traffic safety hazard or a substantial increase in the level of traffic congestion in the vicinity.

5. No excessive demand on municipal services, including, but not limited to, water, sewer, waste disposal, police and fire protection, and schools.

6. No significant increase of storm water runoff onto adjacent property or streets.

The board was short a member last night, and without an alternate, there were only four members present. Zimmerman therefore had the right to ask for a continuance, since he would require three yes votes to obtain a special exception. His representative opted to go forward with the presentation of the construction plans. However, the board voted at the end of the hearing to issue a continuance and reconvene on October 4th at 7PM in the Town House, in order to give Zimmerman’s team time to respond to several questions and concerns that were raised both by the board and members of the public.

Zimmerman constructed the self-storage units at Clark Plaza in Wolfeboro last year, and the proposed building at 181 Middle Road would closely resemble the Wolfeboro design.

storage-1
Clark Plaza Self-Storage in Wolfeboro

Bob Theve, a member of the board, asked what would happen if someone renting a storage unit put hazardous material in their unit. He was specifically concerned that the town be indemnified in the event.

Zimmerman’s representative, an engineer with Allen & Major Associates, Inc, stated that there would be no office on site and no security gate. The rental agreement would prohibit storage of hazardous material. Several residents were concerned that there would be no enforcement of that clause, however. They pointed out that if there’s no one on site to manage the facility, and if renters can come at any time, including the middle of the night, then there would be no way to prevent someone from storing liquid propane canisters, as one resident suggested as an example. LP canisters are very common and are used for gas grills, for instance.

Faye Friedrich, of Middle Road, stated that she is a supporter of private property rights, which is why she supports the new gravel pit across from her own property. However, she read from the town’s Master Plan, put out by the Planned Board, which calls for maintaining the character of the town. It was Friedrich’s opinion that self-storage units, especially corrugated steel structures as proposed, would change the nature of the neighborhood significantly. “Do we want to be Route 16 in Ossipee?” She asked. Adding, “No offense to Ossipee.”

Keith Rogers, whose property is directly across Middle Road from the proposed project, stated his concerns in reference to criteria #2 in the above list that there would be “no control of what goes in and what comes out.” He also contended that Zimmerman would have to salt the driveway and surrounding areas in the winter to maintain a safe environment for the people coming and going, and that the salt would run off the property, which has a steep incline, across the road, and onto his property and into his and his neighbor’s well (see criteria #6 above). Zimmerman is proposing to use porous asphalt on the driveway, and Rogers stated he is experienced with that pacing material and that if you use sand on it then it will clog very quickly and no longer be porous, thus you must use salt. Rogers was also concerned about lighting, saying that the light from the fire station was already a nuisance.

Resident Sarah Matlock requested an artist’s rendition of the proposed buildings from the point of view of the street. Rogers was also concerned that the building, sitting on a hill, would be in plain view.

Zimmerman’s representative stated the belief of the development team that the project would not negatively affect property values (criteria #3 above) because the area is already a mixed use, with the fire station next door. The abutting property owners in attendance strongly disagreed. I gave my opinion that a self-storage facility would severely negatively affect property values, and shared with the board that my opinion was based on my experience as a residential real estate agent in New York City for nearly eight years.

A storage facility of the proposed size (more than 100 individual units) would be expected to receive on average 27 visits per week day by unit renters, or 54 “trips” to and from the site. Zimmerman’s representative stated this was low-traffic (see criteria #4, above).