Selectmen’s Lawsuit Against Private Citizens Hearing Rescheduled Again

The hearing in the lawsuit that the selectmen filed against Bob McWhirter and me has been rescheduled once more. The new hearing date is April 18 at 2PM. This time it was postponed by the judge, and only by one day.

The selectmen are dragging us into court in any attempt to avoid their responsibilities under RSA 91-A, the Right to Know law.

Selectmen’s Meeting for April 3, 2017

0:45 Pledge
1:15 First appointment: Gerry Hammer / Jack Parsons
5:00 Intent to excavate permits: discussion of ordinances in light of new articles passed at Town Meeting
5:10 — Jack Parsons
7:00 — Chris Sawyer, PB chairman weighs in
12:30 Review of pending intent to excavate paperwork
14:00 — motion to approve with provisions that selectmen can rescind. 3-0
15:00 — Signing paperwork
15:50 Jack Parson Building department update (the only damage to town property from Storm Stella was a few shingles blew off town house roof)
16:35 Ben Ladd — Mirror Lake boat ramp grant that was passed by Town Meeting. Discussion of contractor bids.
21:45 Chip would like to set a policy for putting contracts out for bid in the future, but not for this project since it’s already in process.
23:50 motion approval of project. passed 3-0 and Lloyd signed the paperwork
25:30 Clay Gallagher Transfer Station update & household hazardous waste collection update (july 29 & august 5). Pamphlets at transfer station.
44:15 Transfer station workers would like to work half day on Easter. They would receive holiday pay + half day.
50:30 Chip raises issue of different rates for contractors at transfer station
51:25 Review of 3-27-17 meeting minutes
53:00 Continued business
53:10 — Board committee assignments
Chip: Budget, welfare, Parks & Recreation
Bill: Planning, Old Homes, Energy, CIP Joint loss, milfoil, Planning
Lloyd: emergency planning, conservation, TACC, watershed
57:12 Board meeting schedule. Bill doesn’t want more meetings. Chip says if there aren’t more meetings, then the meetings have to be better organized. Chip doesn’t like relying on attorney client privilege as a way to subvert open meeting requirement to respond to RTK. Lloyd is ok with meeting every Monday. That way the meetings will be shorter, too. Lloyd suggests meeting once a month at 7PM. Also at different locations around town. Next meeting Friday at NINE AM.
1:06:45 Brown Road
Chip “I don’t know how you got into; well, I do know how you got into this mess.” Says to direct Road Agent to remove the rocks.
Bill: rocks clearly within right of way.
Chip: problem I have with this is it was all done without a vote.
Chip: enormous amount of legal bills in this town, and this is one of the reasons why.
Lloyd asks for input from public
1:17:20 Sandy Knoll Road
1:23:30 Selectmen’s update
1:23:40 Chip looked at the tree on Union Wharf Road. Chip says it’s not on town property, but is in town right of way. Chip thinks it’s health and not a danger.
1:25:12 Bill went to workshop on town roads. If someone wants to build on a property on Sandy Knoll Road, they’ll still have to get a building permit, and the governing body doesn’t have to approve it. Noted with sadness the passing of Steve Honeycutt, town Sextant.
1:33:00 Lloyd met with Mark Howard and others to tour three areas of concern in town on state roads: Tuftonboro Corner, 109/109A, and Mirror Lake narrows.
1:34:07 Correspondence
1:42:50 Appointments to Agricultural Commission. Approved.
1:44:35 Motion to appeal all yield taxes. Perchanski. Bob Wood. Alan Blazek. 3-0
1:47:23 Intent to cut. Blazek. Perchanski. 3-0
1:48:42 Request for change in employment compensation. (RETROACTIVE to January 1, 2017.) Tabled.
1:51:30 Other business
1:52:00 Right to Know from Ed Comeau
1:58:15 Chip “I don’t know what Comeau’s after.”
1:59:30 in past Tuftonboro had a former employee who was still covered.
discussion…
2:07:45 Chip says they need to set a price per copy policy at a market rate.
2:09:45 Chip need to respond to Comeau saying the board will working on the request.
2:10:40 public input
2:10:50 Elissa Paquette question about intent to excavate and the board wanting to have an addendum allowing the to revoke permit.
2:15:06 Charlotte Allen: NarCan training opportunities
2:16:32 Carla Lootens: Wanted to make sure town won’t give anything to Comeau unless the selectmen’s attorney, Richard Sager, has looked at it.
2:17:05 Gordon Hunt: Was happy selectmen were not giving in to Comeau just because he has an attorney.
2:17:35 Steven : follow up Brown Road. Why did property owners place rocks?
Max Ledoux: To clarify, Carolyn Sundquist told Steinmans it was ok.
Elissa Paquette jumped to Carolyn’s defense.

More info on Brown Road:
https://tuftonboro.net/max/town-government/board-of-selectmen/selectmen-meet-encumber-funds-vote-brown-road-lower-beech-pond-issue/
https://tuftonboro.net/wp-content/uploads/2017/01/carolyn-sundquist-lower-beech-pond-boulders-brown-road.pdf
https://tuftonboro.net/max/outdoors/nh-fish-game-confirms-lower-beech-pond-not-stocked-fish-2016/

Town Meeting 2017

Video of Town Meeting by Joe Kowalski:

Here is a draft overview of Town Meeting 2017, by Heather Cubeddu, Town Clerk:

 

Article 8: To see if the Town will vote to authorize the Cemetery Trustees to create an Expendable Cemetery Trust Fund under the provisions of RSA 31:19-a wherein the money received from the sale of Rights to Burial will be deposited. The funds received from the sale of such lots shall be deposited with the Trustees of the Trust Funds for the maintenance of cemeteries, which shall include cemeteries which have been abandoned and become municipal cemeteries for management purposes pursuant to RSA 289:20-21. Maintenance shall include repair of gravestones as well as maintenance of cemetery grounds.

(Majority vote required)

PASSED

Article 9: To see if the Town will vote pursuant to RSA 80:80 to authorize the Selectmen to convey real property acquired by the Town by Tax Collector’s Deed by Public Auction (or advertised sealed bid) or in such manner as determined by the Selectmen as justice may require. The law allows this authority to extend indefinitely until rescinded by a vote of Town Meeting. This article recommended by the Selectmen.

(Majority vote required)

Article amended to read: “To see if the Town will vote pursuant to RSA 80:80 to authorize the Selectmen to convey real property acquired by the Town by Tax Collector’s Deed by advertised sealed bid.”

AMENDED ARTICLE PASSED

Article 10: To see if the Town will vote to raise and appropriate the sum of Forty-Two Thousand Dollars ($42,000.00) to be added to the previously established Fire/Rescue Department SCBA (Self Contained Breathing Apparatus) Equipment Capital Reserve Fund. The full amount ($42,000.00) will come from the Unassigned Fund Balance and no amount to be raised from taxation.

(Recommended by the Board of Selectmen 3-0 and the Budget Committee 5-0) (Majority vote required)

PASSED

Article 11: To see if the town will vote to raise and appropriate the sum of Seventy-Five Thousand Dollars ($75,000.00) to be deposited to the previously established Library Capital Building Fund. The full amount ($75,000.00) will come from the Unassigned Fund Balance and no amount to be raised from taxation.

(Recommended by the Board of Selectmen 3-0 and the Budget Committee 5-0) (Majority vote required)

PASSED

Article 12: To see if the town will vote to raise and appropriate the sum of Seventy-Five Thousand Dollars ($75,000.00) to be deposited to the previously established Police Department Capital Reserve Fund. The full amount ($75,000.00) will come from the Unassigned Fund Balance and no amount to be raised from taxation.

(Recommended by the Board of Selectmen 3-0 and the Budget Committee 4-1) (Majority vote required)

PASSED

Article 13: To see if the Town will vote to raise and appropriate the sum of Two Hundred Thirty-Five Thousand Dollars ($235,000.00) for the preparation and paving of Town Roads.

(Recommended by the Board of Selectmen 3-0 and the Budget Committee 4-1) (Majority vote required)

PASSED

Article 14: To see if the Town will vote to raise and appropriate the sum of Twenty-Five Thousand Dollars ($25,000.00) to replace the Lake Road boat ramp.

(Recommended by the Board of Selectmen 3-0 and the Budget Committee 5-0) (Majority vote required)

PASSED

Article 15: To see if the town will vote to raise and appropriate the sum of Nine Thousand Two Hundred Six Dollars ($9,206.00) for the Mirror Lake Boat Launch and Improvements. (Recommended by the Board of Selectmen 3-0 and the Budget Committee 4-1)

(Majority vote required)

PASSED

Article 16: To see if the Town will vote to raise and appropriate the sum of Forty-One Thousand Two-Hundred Sixty Eight Dollars ($41,268.00) to purchase and install new mobile radios for the Fire/Rescue Department.

(Recommended by the Board of Selectmen 3-0 and the Budget Committee 5-0) (Majority vote required)

PASSED

Article 17: To see if the Town will vote to raise and appropriate the sum of Fifteen Thousand Dollars ($15,000.00) for a watershed plan to be administered by the Lake Winnipesaukee Association. This will be a non-lapsing appropriation per RSA 32:7, VI and will not lapse until the Watershed Plan is completed or by December 31, 2019, whichever comes first.

(Recommended by the Board of Selectmen 3-0 and the Budget Committee 5-0) (Majority vote required)

PASSED

Article 18: To see if the town will vote to raise and appropriate the sum of Fifty Five Thousand Dollars ($55,000.00) for the purchase of a new police vehicle.

(Recommended by the Board of Selectmen 3-0 and the Budget Committee 5-0) (Majority vote required)

PASSED

Article 19: To see if the Town will vote to raise and appropriate the sum of Thirteen Thousand Dollars ($13,000.00) to purchase and install a new air filtration system in the Town Garage.

(Recommended by the Board of Selectmen 3-0 and the Budget Committee 5-0) (Majority vote required)

PASSED

Article 20: To see if the town will vote to raise and appropriate the sum of Five Hundred Dollars ($500.00) to support Mount Washington Valley Supports Recovery.

(Recommended by the Board of Selectmen 3-0 and the Budget Committee 4-1) (Majority vote required)

Article amended “To see if the town will vote to raise and appropriate the sum of Two Thousand Five Hundred Dollars ($2,500.00) to support Mount Washington Valley Supports Recovery.”

AMENDED ARTICLE PASSED

Article 21: To see if the town will vote to raise and appropriate the sum of Ten Thousand Dollars ($10,000.00) for the Pier 19 Crosswalk Project. Nine Thousand Dollars ($9,000.00) to come from outside fundraising and One Thousand Dollars ($1,000.00) to come from taxation. This project will be null and void should the fundraising portion of Nine Thousand Dollars ($9,000.00) not be reached.

(Recommended by the Board of Selectmen 3-0 and the Budget Committee 3-2) (Majority vote required)

DEFEATED

Article 22: To see if the town will vote to establish a contingency fund for the current year for unanticipated expenses that may arise and further to raise and appropriate Five Thousand Dollars ($5,000.00) for said purpose. Said sum to come from the Unassigned Fund Balance and no amount to be raised from taxation. Any appropriation left in the fund at year end will lapse into the general fund.

(Recommended by the Board of Selectmen 3-0 and the Budget Committee 4-1) (Majority vote required)

PASSED

Article 23: To see if the Town will vote to adopt the “all veterans’ property tax credit” under RSA 72:28-b. If adopted, the credit will be available to any resident, or the spouse or surviving spouse of any resident, who (1) served not less than 90 days on active service in the armed forces of the United States and was honorably discharged or was an officer honorably separated from service, and (2) is not eligible for and not receiving the credit for veterans who served in a qualifying war or armed conflict or for veterans with a service-connected disability. If adopted, the credit will be in the amount of $500.00, which is the same amount as the credit for a veteran who served in a qualifying war or armed conflict. If the credit is adopted, any person desiring to claim the credit will be required to file an application with the selectmen or the assessors by April 15 of the tax year.

PASSED

Article 24: To see if the Town will vote to raise and appropriate the Budget Committee recommended sum of Three Million Six Hundred Fifty Two Thousand Seven Hundred and Fifty- Five Dollars ($3,652,755) for general Town Operations. The Selectmen recommended Three Million Six Hundred Fifty Seven Thousand Seven Hundred and Fifty-Five Dollars ($3,657,755). This article does not include any special or individual warrant articles addressed separately.

(Recommended by the Budget Committee 5-2) (Majority vote required)

PASSED

Article 25 (by Petition): To see if the Town will vote to require the board of selectmen to hold all meetings of the board of selectmen, both regular and work session, at 6:30 PM to allow as many residents of the town to attend meetings as possible. The selectmen currently hold most meetings at either 9AM or 4PM, when the vast majority of residents are unable to attend. Holding meetings after normal work hours would be in keeping with the spirit of the Right to Know law (RSA 91:A), which states: “Openness of the conduct of public business is essential to a democratic society.”

DEFEATED

Board of Selectmen’s Meeting for 3/27/17

Part 1:

0:40 Pledge of Allegiance
1:14 Election of officers
2:05 Mark Howard
Roads (state)
9:35 review minutes
3/14/17
11:45 Chip says non public minutes aren’t in compliance with 91-A
14:25 Chip questions nonpublic sessions with attorney. Makes motion to unseal minutes. Motion passes 3-0.
16:30 chip wants to unseal nonpublic minutes from last year.
17:20 Fire department update
26:45 Chip not impressed with road agent
27:15 update emergency management plan?
32:30 list of people who might need help was out of date.
39:00 police chief Andy Shagoury
DWI accident caused power outage Friday night
43:25 drug take back scheduled April 29 10-2 at transfer station

Part 2:

01:30 signature file
06:00 sandpits
11:58 veteran’s tax credit applications
Gary Chehames
3-0
Robert Edwards
3-0
Kerry and Andrea Long
3-0
15:00 yield tax levy
timber
17:30 NH the Beautiful
18:10 gravel tax
19:25 supplemental Warrant (extra taxes from Zadede Lane residents)
20:40 letter to students at middle school
21:40 intent to cut: Brad Hunter (rt 171)
22:30 188 middle road gravel pit
27:50 mirror lake boat launch
31:40 lake road boat ramp
33:00 Correspondence
33:45 Right to Know
Lloyd asked Karen to compile how much time is used to respond to RTK. Chip says who cares. It’s part of the deal.
40:00 Selectmen’s update
Bill attending seminar about town owned roads.
Need new planning board members.
Also for energy committee.
48:23 Chip about 91-A
Public optics
Need more meetings
Nonpublic meeting minutes should be released on regular schedule
52:00 Brown Road: there’s a lawsuit?
There was no vote on Steinman rock situation
54:15 Lloyd
Committee assignments
More meetings specific agenda shorter length

Part 3 (Public Comments)

Fatal Accident on Route 28

An Alton woman died Friday afternoon when her car crossed the center line and collided with another vehicle driven by a Tuftonboro resident. The Union Leader reports:

An initial police investigation showed [Kathy] Kenny was driving her Toyota Prius southbound when her vehicle crossed into the northbound lane, where she hit a Range Rover driven northbound by Randall Parker, 70, of Tuftonboro.

Kenny was rushed to Huggins Hospital in Wolfeboro, and was later pronounced dead, police said.

Parker was not seriously injured, police said.

According to the police, the heavy snowfall likely caused the accident.

“The roads were snow-covered at that time,” said Cpl. Tyler Glidden. “Weather conditions appear to be a contributing factor in the crash.”

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.