Final Meeting Minutes
Town of Bradford
Planning Board
June 12, 2018 7:00 PM
Meeting called to order by Pam Bruss at 7:00PM
• Roll Call
Pam Bruss, Chair Claire James, Vice Chair
Carol Troy Jim Bibbo, Selectmen’s Rep
Tom Dunne Carol Meise
Doug Troy, Alternate seated at 7:02pm Marlene Freyler
Steve Chase
o Garrett Bauer, Alternate absent
o Also in attendance were Sonny Harris, Stephen Pierce, Ken Parys
• To Do:
1. Review & Consideration of May 22nd Minutes.
Motion: Jim Bibbo motioned to approve minutes with the following edits; Correction in spelling of George Batten to George Beaton, edit of began to begin
Second: Claire James
Decision: vote 5-0 in favor; Doug Troy and Carol Meise abstained
• Appearances:
1. A session was held with Bernie Waugh of Gardner Fulton & Waugh PLLC focused on legal requirements of a Municipal Board and local Land Use Law and discussed the following:
a. The Board discussed the Right to Know Law, RSA 91-A:1, whereby a public body must be open to the public. Meeting requires public notice and must have proper minutes. A public body includes a subcommittee.
Knowingly withholding information from the public would make a Board Member liable for legal fees and fines. Minutes must be kept and be made available to the public, upon request, within five business days after the meeting.
Public bodies may only enter a nonpublic session for specific reasons listed in the law, and minutes must be kept of those sessions as well. The exception to a public meeting noted was a conference with an attorney as long as the discussion is not focused on a legal opinion which would likely need to be discussed in a Non-Public session.
Regularly scheduled meetings require no agenda unless stated as part of a Board bylaw. The exception would be if an emergency meeting was called. Regarding a Public Hearing, if a session is continued, and the time and place of a continuance is noted in that meeting, no additional Public Notice is required.
All meetings are open to the public, the public can record or video a meeting, but attendance does not automatically give the public a right to participate. The Chair determines public involvement.
Meeting minutes must include 1) Members of public body that attended the meeting, 2) Public participants, 3) Brief description of the discussion and 4) Any decisions made.
Bernie reviewed the use of Non-Public Sessions, RSA 91-A:3, where a Public Session must first be held to describe why a Non-Public session is being entered. Minutes must be taken and be available upon request five business days after the meeting. Minutes can be sealed, and must be voted on in Public Session, if the nature of the Non-Public discussion will adversely impact someone’s reputation or adversely affect a decision made in the session.
The Board discussed a request for public records, with Bernie noting that any request must be available within five days or if not available within five days a reason must be provided along with a response as to when the information requested will be available.
It was also noted that meeting minutes should be issued in draft form and not amended unless done so at a public meeting.
Email and electronic communications are discouraged as they could constitute a public meeting. Electronic communications should be distributed as an informational only communication, not requesting or requiring any reply.
Bernie discussed the election and appointment of Board Members and Alternates, along with requirements for seating Alternates and participation of Planning Board Members on alternative Boards. Additional discussion was held regarding Land Use Rules & Procedures.
The Board reviewed when a decision is final with Bernie stating that a decision under appeal is not final and a decision subject to conditions is not final until the conditions have been documented and accepted by the Board.
A discussion was held regarding budget and expenditures; outlining Select Board responsibilities for oversight as well as Trustee responsibility when related to Trust Fund activity.
Conflict of Interest was discussed as well as disqualification and pre-judgment and how those situations should be handled. Transparency and ensuring discussions are held in the appropriate public forum are requirements. The Board reviewed what constitutes a Public Hearing along with the requirements for Public Notice and what can be discussed in a Public Meeting versus a Public Hearing.
Bernie reviewed the process and components for a Public Hearing. He reviewed the Site Walk process which includes the need to request permission, the need for minutes, if a quorum is present, and that a discussion about the project should not be had when onsite but rather at the Public Hearing. He reviewed the process of documenting a decision, whether approving or denying a request, as well as documenting any waivers granted.
The Board discussed that decisions are not bound by precedent but must be impartial.
A previously denied application cannot be reheard unless it is materially different than the original application.
Bernie reviewed the Planning Board role related to RSA 236-13regarding Driveway Regulations, as well as RSA 672-14related to Sub-Divisions. A key objective when establishing and reviewing regulations would be consistency in supporting the Master Plan objectives.
A recording of the entire session is posted on at www.bradfordnh.org/mp3/
• New Business:
1. The Board was informed of a Gravel Pit Application submitted by Bruce Edwards that will be presented at the next meeting.
• Planning Board Communications:
1. The next Planning Board meeting will be June 26th at 7:00 PM
Motion: Pam Bruss motioned to adjourn the meeting at 8:56 PM
Second: Claire James
Decision: 7-0 in favor
Meeting adjourned
Minutes submitted by Laurie Colburn