TAMWORTH — Tamworth selectmen met with Conservation Commission members John Mersfelder and Ned Beecher Thursday, Jan. 5, to discuss allegations that the commissioners had met with representatives of Club Motorsports last year in violation of the state Right to Know law.
Beecher and Mersfelder told selectmen that they regretted any impression that they were holding meetings in violation of the law, but added they did not believe they acted improperly.
Mersfelder said, "Our intents were to act in the best interest of the town. It's been turned in a way to make it look like something else."
"I think we all try to do that, John," said Selectman John Roberts. "There's more than the conservation commission that's been questioned on that issue."
Selectmen have also been challenged in recent months for supposedly conducting town business that should have been public in private.
Selectmen received a letter from Jim Boothby, Jr. and others, dated Dec. 20, 2005, that said, "It has come to our attention that a secret meeting was held between two Tamworth Conservation members John Mersfelder and Ned Beecher and two delegates from Club Motorsports, Lloyd Dahmen and Jim Hoenscheid. This meeting was never posted or advertised. It is our understanding that a selectman tried to attend and was told the meeting would be cancelled if he attended. That selectman had every legal right to attend. Under [RSA] 91-A:2 Meetings Open to Public, the meeting should have been posted and open to the public."
The letter asks for minutes and an agenda of the meeting, March 18, 2005, as well as that the board take action against Mersfelder and Beecher, including suspension or removal from the commission, for violation of the law.
Mersfelder and Beecher submitted their own letter Dec. 23, defending their position. "As you are aware (because of our notifying you in advance of that meeting), this was not a noticed public meeting because there was, as we understand it no quorum of public officials (either of the commission's mitigation committee or of the full commission), and no decisions were either contemplated or achieved. This was an exploratory discussion of the kind individual members of the commission routinely have to gather information, such as when members of the commission (not constituting a quorum) do on-site visits to gain understanding of wetlands permit applications. In all such cases, including regarding the meeting in question the commission and/or its committees review such information-gathering and make decisions only within publicly-noticed meetings."
At the meeting Jan. 5, Mersfelder read a statement further explaining his and Beechers' positions. He explained that the meeting had been to discuss potential mitigation sites in Tamworth, in response to wetlands that would be affected by Club Motorsports proposed construction. Club Motorsports had selected mitigation sites in Sandwich, but the commission was working with the company to find suitable sites in Tamworth. According to his statement, "Individuals of the committee established contact with several landowners and we started narrowing down the possibilities. This was now into the spring of 2005.
"Around this time, a change in CMI leadership took place and an informal session was set up for March 18 to explore the realities of continuing to work on a mitigation project.
"The session was discussed at a TCC meeting with the selectmen prior to that conference. It was established that there would be no decisions made and we made sure that none could occur by not having a quorum of the committee present.
"At that session we mentioned specific landowners who were tentatively considering becoming a part of a mitigation easement effort and a broad outline of the economics that might be required by landowners to pursue easements."
Mersfelder noted that after the March 18 meeting, there was no further discussion between Club Motorsports and the conservation commission. The commission sent letters to CMI on at least two occasions, but received no response.
The idea that it would be a secretive thing, he said, "is patently false."
Roberts asked Mersfelder how he knew there would not be a quorum. "Because there were two of us who agreed to go and there wasn't going to be a quorum," Mersfelder said.
"I would think to clear up any [future misunderstanding] you should post anytime there is going to be a meeting," Roberts said.
But Mersfelder said that is not practical in matters of negotiating easements and land purchases. "When dealing with a sensitive matter with landowners, what do you do?" he asked.
Beecher said the law clearly allows for individual members of boards to have discussions without public notice, as long as no decisions were being made. He said he believes that since there was no quorum of the commission, the same interpretation should apply. "We certainly regret any impression of having a meeting in secret," he said.
Roberts said the matter had been forwarded to town attorney Richard Sager and the board is wating for him to render a legal opinion. The board would also forward Mersfelder and Beecher's new comments to Sager.
Other news
• Selectmen discussed the need for a new parking ordinance for Chocorua Lake parking area. Selectmen first said they believed they could simply include the parking ordinance into the town parking ordinance, but decided to check with the town attorney before doing so.
