Tamworth Selectmen Meeting | June 2, 2016

Part 1 of 1

Meeting Notes

Tamworth New Hampshire Selectmen meeting from 6/2/16. The Selectmen: John Roberts, James Hidden and Steve Gray, convene there meetings at Tamworth Town Offices, 84 Main Street, Tamworth, NH. and this meeting began at 4:15 pm.


Click here to visit the Town of Tamworth Website


Location


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0:00:05

ROAD AGENT; NEW BACK HOE; DITCHING; DRAINAGE WORK; UPCOMING PAVING; CHOCORUA LAKE CONSERVANCY;


0:02:57

TOWN ADMINISTRATOR UPDATE; WORKMAN'S COMPENSATION; NHRS AUDIT COMPLIANCE LETTER; CHOCORUA COMMUNITY CHURCH; PAYROLL SERVICES; TAX BILLS; SEPTEMBER VOTING LOCATION; RICK SAGER- NO PARKING SIGNAGE;


0:06:00

ECONOMIC DEVELOPMENT COMMITTEE; BANNER INSTALLATION;


0:10:57

250TH COMMITTEE UPDATE; TIME CAPSULE; COMMEMORATIVE BOOK; JULY 4, 2016;


0:16:46

SELECTMEN UPDATE; CARROLL COUNTY NHMA TRAINING SESSION; GREEN MOUNTAIN CONSERVATION GROUP; HUNTING; STEEL PROPERTY CONSERVATION EASEMENT; PUBLIC ACCESS; SNOW MOBILE; C.I.P; CAPITAL IMPROVEMENT PROGRAM; FARMERS MARKET PARKING;


0:21:00

SELECTMEN UPDATE; BABE RUTH TEAM SCHEDULE; WHITE MOUNTAIN ECONOMIC DEVELOPMENT COMMITTEE; AREA SEPTIC MALFUNCTIONS; REMMICK;


0:23:26

SELECTMEN MOTION [HIDDEN] TO GO INTO NON PUBLIC; 91-a: 3 II (a) (c) (e) Second: [Gray]

91-A:3 Nonpublic Sessions. – I. (a) Public bodies shall not meet in nonpublic session, except for one of the purposes set out in paragraph II. No session at which evidence, information, or testimony in any form is received shall be closed to the public, except as provided in paragraph II. No public body may enter nonpublic session, except pursuant to a motion properly made and seconded. (b) Any motion to enter nonpublic session shall state on its face the specific exemption under paragraph II which is relied upon as foundation for the nonpublic session. The vote on any such motion shall be by roll call, and shall require the affirmative vote of the majority of members present. (c) All discussions held and decisions made during nonpublic session shall be confined to the matters set out in the motion. II. Only the following matters shall be considered or acted upon in nonpublic session: (a) The dismissal, promotion, or compensation of any public employee or the disciplining of such employee, or the investigation of any charges against him or her, unless the employee affected (1) has a right to a meeting and (2) requests that the meeting be open, in which case the request shall be granted. (b) The hiring of any person as a public employee. (c) Matters which, if discussed in public, would likely affect adversely the reputation of any person, other than a member of the public body itself, unless such person requests an open meeting. This exemption shall extend to any application for assistance or tax abatement or waiver of a fee, fine, or other levy, if based on inability to pay or poverty of the applicant. (d) Consideration of the acquisition, sale, or lease of real or personal property which, if discussed in public, would likely benefit a party or parties whose interests are adverse to those of the general community. [Paragraph II(e) effective until January 1, 2016; see also paragraph II(e) set out below.]

   (e) Consideration or negotiation of pending claims or litigation which has been threatened in writing or filed against the public body or any subdivision thereof, or against any member thereof because of his or her membership in such public body, until the claim or litigation has been fully adjudicated or otherwise settled. Any application filed for tax abatement, pursuant to law, with any body or board shall not constitute a threatened or filed litigation against any public body for the purposes of this subparagraph.

[Paragraph II(e) effective January 1, 2016; see also paragraph II(e) set out above.]

   (e) Consideration or negotiation of pending claims or litigation which has been threatened in writing or filed by or against the public body or any subdivision thereof, or by or against any member thereof because of his or her membership in such public body, until the claim or litigation has been fully adjudicated or otherwise settled. Any application filed for tax abatement, pursuant to law, with any body or board shall not constitute a threatened or filed litigation against any public body for the purposes of this subparagraph. 
   (f) Consideration of applications by the adult parole board under RSA 651-A.

[Paragraph II(g) effective until January 1, 2016; see also paragraph II(g) set out below.]

   (g) Consideration of security-related issues bearing on the immediate safety of security personnel or inmates at the county correctional facilities by county correctional superintendents or their designees.

[Paragraph II(g) effective January 1, 2016; see also paragraph II(g) set out above.]

   (g) Consideration of security-related issues bearing on the immediate safety of security personnel or inmates at the county or state correctional facilities by county correctional superintendents or the commissioner of the department of corrections, or their designees. 
   (h) Consideration of applications by the business finance authority under RSA 162-A:7-10 and 162-A:13, where consideration of an application in public session would cause harm to the applicant or would inhibit full discussion of the application. 
   (i) Consideration of matters relating to the preparation for and the carrying out of emergency functions, including training to carry out such functions, developed by local or state safety officials that are directly intended to thwart a deliberate act that is intended to result in widespread or severe damage to property or widespread injury or loss of life. 
   (j) Consideration of confidential, commercial, or financial information that is exempt from public disclosure under RSA 91-A:5, IV in an adjudicative proceeding pursuant to RSA 541 or RSA 541-A. 
   (k) Consideration by a school board of entering into a student or pupil tuition contract authorized by RSA 194 or RSA 195-A, which, if discussed in public, would likely benefit a party or parties whose interests are adverse to those of the general public or the school district that is considering a contract, including any meeting between the school boards, or committees thereof, involved in the negotiations. A contract negotiated by a school board shall be made public prior to its consideration for approval by a school district, together with minutes of all meetings held in nonpublic session, any proposals or records related to the contract, and any proposal or records involving a school district that did not become a party to the contract, shall be made public. Approval of a contract by a school district shall occur only at a meeting open to the public at which, or after which, the public has had an opportunity to participate.

[Paragraph III effective until January 1, 2016; see also paragraph III set out below.]

III. Minutes of meetings in nonpublic session shall be kept and the record of all actions shall be promptly made available for public inspection, except as provided in this section. Minutes and decisions reached in nonpublic session shall be publicly disclosed within 72 hours of the meeting, unless, by recorded vote of 2/3 of the members present, it is determined that divulgence of the information likely would affect adversely the reputation of any person other than a member of the public body itself, or render the proposed action ineffective, or pertain to terrorism, more specifically, to matters relating to the preparation for and the carrying out of all emergency functions, developed by local or state safety officials that are directly intended to thwart a deliberate act that is intended to result in widespread or severe damage to property or widespread injury or loss of life. This shall include training to carry out such functions. In the event of such circumstances, information may be withheld until, in the opinion of a majority of members, the aforesaid circumstances no longer apply.

[Paragraph III effective January 1, 2016; see also paragraph III set out above.]

III. Minutes of meetings in nonpublic session shall be kept and the record of all actions shall be promptly made available for public inspection, except as provided in this section. Minutes and decisions reached in nonpublic session shall be publicly disclosed within 72 hours of the meeting, unless, by recorded vote of 2/3 of the members present taken in public session, it is determined that divulgence of the information likely would affect adversely the reputation of any person other than a member of the public body itself, or render the proposed action ineffective, or pertain to terrorism, more specifically, to matters relating to the preparation for and the carrying out of all emergency functions, developed by local or state safety officials that are directly intended to thwart a deliberate act that is intended to result in widespread or severe damage to property or widespread injury or loss of life. This shall include training to carry out such functions. In the event of such circumstances, information may be withheld until, in the opinion of a majority of members, the aforesaid circumstances no longer apply.

Source. 1967, 251:1. 1969, 482:2. 1971, 327:3. 1977, 540:4. 1983, 184:1. 1986, 83:4. 1991, 217:3. 1992, 34:1, 2. 1993, 46:1; 335:16. 2002, 222:2, 3. 2004, 42:1. 2008, 303:4. 2010, 206:1, eff. June 22, 2010. 2015, 19:1; 49:1; 105:1, eff. Jan. 1, 2016; 270:2, eff. Sept. 1, 2015.


0:23:55

SELECTMEN RETURN FROM NON PUBLIC; CHAIR HIDDEN STATES THAT THE NON PUBLIC MINUTES CANNOT BE DISCLOSED DUE TO [IT} BEING A ON GOING ISSUE.


AG OFFICE 91-A: MEMORANDUM http://doj.nh.gov/civil/documents/right-to-know.pdf


At the end of the non-public session a motion is required to end the non-public session. If the public body is to make the minutes of the session non-public, there must be a motion to seal the minutes. The Right-to-Know law does not specify whether this motion and vote must occur in the non-public session or after the public body returns to the public session. When the motion to seal the minutes may prompt discussion which if conducted in public would disclose information that the non-public session was held to protect, the vote should be in non-public session. The Right-to-Know law does not require that motion explicitly state the basis in law for sealing the minutes, however, doing so in the non-public minutes will create a record should the decision later be challenged.


Member 1: “Mr. Chairman, I move to seal the minutes because divulgence of the information in the minutes would likely adversely affect the reputation of the employee and citizens discussed.”


Secretary: “I second the motion.”


Chairman: “A motion has been made and seconded to seal the minutes, all in favor say ‘yes.’” Member 1, Secretary, and Chairman: “Yes.”


Chairman: “All three members of the board having voted yes, the motion caries by more than 2/3rds of the members present and the minutes of this non-public session are sealed.”


Member 1: “I move to come out of non-public session.”


Secretary: “I second the motion.”


Chair: “All those in favor say “yes.”


Member 1, Secretary: “Yes.”


Chairman: It is a vote in favor and I so declare, we will now return to public session.


If a tape recording is being made, the Clerk/Secretary should remove the non-public session tape and replace the public session tape in the recorder. If the minutes were sealed, the tape should be marked accordingly. The Chairman should then arrange for the hallway door to be opened and the members of the public waiting to be invited to return to the room.


Chairman: “We are now back in public session. We voted during the non-public session to seal the minutes of that session. We will now move on to the next item of business.”


0:24:16

PUBLIC COMMENT; ALLEGED FALSE ACCUSATIONS REGARDING THE DISCLOSURE OF NON PUBLIC INFORMATION; THE SEALING OF NON PUBLIC MEETING MINUTES;


0:27:19

ADMINISTRATIVE; MEETING MINUTES MAY 19, 2016; MEETING MINUTES MAY 25, 2016; NON PUBLIC MEETING MINUTES MAY 19, APRIL 29, 2016; PROPERTY TAX EXEMPTION APPLICATION; 402 LOT 004; INTENT TO CUT; 443 LOT 10; INTENT TO CUT 443 LOT 9; YEILD TAX LEVY; TAX ABATEMENT; TIMBER TAX LEVY; TAX ABATEMENTS: 202 017; 214 080; 202 027; 217 035; 415 057; ([DENIED] 212 45 300); 414 65; 413 18; 211 14 6; 410 72; MOTION HIDDEN; 2ND GRAY; MOTION CARRIES; ACCOUNTS PAYABLE MANIFEST MAY 19, 2016; ACCOUNTS PAYABLE MAY 19, 2016;


0:33:29

ACCOUNTS PAYABLE MANIFEST MAY 19, 2016; ACCOUNTS PAYABLE MAY 19, 2016; MOTION HIDDEN; 2ND GRAY; MOTION CARRIES; PAYROLL MANIFEST; TRANSFERS; MOTION HIDDEN; 2ND GRAY; MOTION CARRIES; ACCOUNTS PAYABLE MANIFEST; MOTION HIDDEN; 2ND GRAY; MOTION CARRIES; ACCOUNTS PAYABLE CHECK REGISTER; MOTION HIDDEN; 2ND GRAY; MOTION CARRIES;


0:35:23

NON PUBLIC 91-A: 3 II (A) (C) MOTION HIDDEN; 2ND GRAY; ROLL CALL NOT TAKEN; REFERENCE PUBLIC MEETING MINUTES 6/2/16 FOR RECORDED ROLL CALL; IT WAS ANNOUNCED THAT AFTER THE NON PUBLIC MEETING ADJOURNMENT, SELECTMEN WILL NOT BE RETURNING TO PUBLIC;

Past Tamworth Selectmen Meetings