TOWN OF BRADFORD
PLANNING BOARD
JULY 24, 2012
7:00PM
Call to Order and Roll Call:
Marcia Keller, Chair called the meeting to order at 7:04pm with Sonny Harris, Selectmen’s Representative, Don Jackson, Bill Glennie, Caryl Walker, Alternate, Mark Keith, Alternate, Phil LaMoreaux, Vice Chair, Jim Bibbo and Marge Cilley, Secretary present. John Greenwood was absent.
Marcia Keller, Chair seated Mark Keith for John Greenwood.
Bill Glennie advised he needs to depart at 7:50pm.
Review and Consideration of June 26, 2012 minutes:
Motion was made by Jim Bibbo to approve the minutes of June 26th as presented. Seconded by Phil LaMoreaux. Motion carried 7-0.
To Do Folder:
The second quarter accounting report was perused.
There is Federal Emergency Management Agency paperwork to look at.
Martyn Chivers – 10 Breezy Hill Road:
Martyn Chivers came before the Planning Board stating he has an issue; that being one of the planning board members ability regarding decisions on what Mr. Chivers does in town. Mr. Chivers is requesting a member of the Planning Board recuse himself from any Chivers decisions. Phil LaMoreaux advised it is not necessarily an individual thing, but could be a board decision or he could volunteer to recuse himself however, does not feel any particular reason to. Marcia Keller, Chair advised that no one member of the board makes any decision at all, but is a vote of the entire board. Marcia went on to explain the Rules of Procedure. The Statute states in a situation of uncertainty, any member of the board can request for another member to be disqualified and that is voluntary however, this board put in that this vote shall be binding.
Martyn Chivers questioned if the board would make a decision and Marcia advised she does not see any decision to be made. Mr. Chivers did state that he feels absolute hatred from this man and has never felt this way ever before. Marcia Keller, Chair reiterated it is a board decision which is made by a majority vote of the board, and the only place a recusal would come up, would be pertaining to Mr. Chivers applications.
Mr. Chivers advised he does not feel it is fair for this person to sit on the board and judge him.
Phil LaMoreaux advised he does not think ill of Mr. Chivers, does try to be impartial in the matter, there is nothing in your application that is personal and I try to move and motion on the existing rules and regulations, and if you feel it is personal I am sorry, as it is not. Phil advised he does not feel there is any need to recuse himself, and went on to state that if any member of the board should want him to recuse himself for some reason he would. Mr. Chivers questioned if he could recuse himself to which Phil advised yes, but I choose not to.
Sonny Harris, Selectmen Representative questioned how this has been handled in the past, and Marcia Keller, Chair advised it has never come up previously. The only time someone has recused themselves is if it pertained to a family member, or some related situation.
Bill Glennie advised that Phil is consistently rather tough on people and is very thorough in following the rules and regulations.
Flow Chart Continuation:
Will not be worked on this evening.
Mitchell Correspondence:
Marcia Keller, Chair advised she had forwarded a copy of all the correspondence to the board and did not make copies of it.
Two weeks ago, the board made a decision that anyone looking for access to the planning board files would give two business days notice, so someone could be there and protect files. A week ago Monday evening Marcia Keller, Chair attended a Selectmen’s meeting and advised them of the planning board’s decision and they concurred this was a legitimate request. It was also suggested that this request be published in the Bridge and in the minutes of the Selectmen as well as the planning board minutes.
Mr. Mitchell attended the Selectmen’s meeting on July 23rd where he reiterated the whole issue of public access and advised he did not agree with the chair of the planning board for proposal to have the Town of Bradford Selectmen to agree to restrict tax payers to access to public records during business hours.
Mr. Mitchell objected the requirement of the Planning Board Chair that she be notified and be present during the citizens access to public records, asking us specifically what we are looking for. This is a violation of our privacy rights. We have a right to access public records without someone asking us what we are looking for. Marcia Keller advised Sonny Harris, Selectmen made a response stating we should not violate any statute and as a researcher, I should not expect any office personnel, especially those that are part time, overworked, underpaid to drop what they are doing at my whim to provide me with documents at once. Furthermore, the town as custodian of these precious records is responsible to safeguard them and see that they are properly re-filed.
RSA 91-A:IV was discussed. Marcia Keller, Chair advised that having a member of the planning board in attendance, the intention is not to ask what records are looked at and why, but to assist in finding sometimes an obscure item, which was the situation when Marcia did attend the Mitchells when a subdivision recording was filed prior to there being a planning board. Much discussion ensued.
Marcia Keller, Chair read the motion from the July 23, 2012 Selectmen’s meeting as follows:
“Motion was made by Barry Wheeler to contact the Planning Board for them to give Planning Board file keys to Cheryl Behr for access to records for the public’s perusal. When finished will leave the filing for the Planning Board to re-file. Seconded by Sonny Harris. Motion carried 3-0.”
Cheryl advised she will type up something for the planning board.
Sonny Harris, Selectmen’s Representative advised he also stated that they had to be in that room under her supervision. Sonny also went on to say that he wanted someone with authority, either a planning board member or Marge to be there.
Marcia Keller, Chair advised she has talked with Mr. Williams at LGC who advised her the Planning Board records are necessary to the Planning Board. They are under the custody and control of the Planning Board, not the Board of Selectmen. Mr. Williams sited RSA 91-A:IV. Also it was stated that the Planning Board has the responsibility to protect these and are not required to give anyone unfettered access to them, rather than peering over someone’s shoulder while they are looking at the records, we should know what records are being sought and provide them and see that they are properly filed.
Motion was made by Jim Bibbo for the Planning Board to make records available for inspection and copying within five business days of request. Seconded by Bill Glennie.
Motion carried 7-0.
Marcia will forward the decision and motion to the Board of Selectmen. Sonny will discuss this with the Board of Selectmen.
Bill Glennie left at this time, 7:50pm.
At this time, Marcia Keller, Chair pulled out Solitude Ridge folders for the members of the board to see how and why the records do need to be kept in order.
Suggestion was made that the access decision be added to the Rules and Procedures and discussed at the next two meetings followed by a Public Hearing.
Discussion ensued regarding property of Bill & Eleanor Pytlik at 425 Fairgrounds Road with the decision it is a question for the Assessor’s office.
Meeting adjourned 8:15pm.
Respectfully submitted
Marjorie R. Cilley
Secretary