Pass the hat: commission refuses to pay convention's legal bill
LACONIA — Belknap County Commissioners say they won't pay a $1,500 bill for legal services brought forward by the County Convention from the Mitchell Municipal Group of Laconia.
''It's not our bill. We had already hired an attorney,'' County Administrator Debra Shackett advised the commissioners Wednesday morning as they discussed what to do with the bill, which the Mitchell group had forwarded to the county on the instruction of County Convention Chairman Rep. Colette Worsman (R-Meredith).
Shackett's words echoed the warning that Commissioner Ed Philpot gave to the convention in March when he said, "If the Mitchell Group presents us with an invoice, we would not pay it, because we did not hire the attorney."
Disregarding the advice, the convention instead voted to hire the Mitchell Group to defend itself against a lawsuit brought by former Laconia Mayor Tom Tardif, which charged that it had violated the state Right-to-Know Law by electing its officers by secret ballot last December.
Shortly after the suit was filed, the convention had sought permission from the commissioners, in whom state law vests the authority to engage and direct legal counsel representing the county, to hire its own attorney. Citing the statute, the commission refused the request but retained Paul Fitzgerald of the Wescott, Millham and Dyer law firm of Laconia, to defend the convention.
After the commissioners refused the convention's request, the convention appealed the denial to itself, and voted 10-7 to authorize Worsman to seek legal counsel. Both Laura Spector-Morgan of the Mitchell Municipal Group and Fitzgerald filed appearances in Belknap County Superior Court on behalf of the county with Spector-Morgan later withdrawing.
The issue Tardif raised was apparently resolved when the convention held a new election at which votes for the convention officers were made in public.
''I think it was pretty clear up front that we had already hired an attorney for the delegation,'' said Philpot, who said that the flip side is that the Mitchell Group had provided the services in good faith.
''When we tried to explain to the delegation that there had never been a question in the past about how this got handled, they wouldn't listen. It's just another example of the continued friction which resulted in yet another bill for taxpayers. It was unnecessary and is a bill the delegation members should pay,'' said Philpot.
Commissioner Steve Nedeau said that the Mitchell bill isn't the only one for legal services the county faces, pointing out that the convention has hired another attorney to represent it in potential legal action against the commissioners over who has control over line items in the county budget.
''The chairman of the convention was down in Concord soliciting attorneys for that suit,'' said Nedeau, who said that the commission needs to be consistent in the way it handles its differences with the convention which may result in legal bills.
Last month the convention voted nine-to-seven, with two members absent, to retain attorney David Horan, a former assistant county attorney in Hillsborough County, to represent it in its dispute with the commission over the respective authority of the two bodies over the management of the county budget.
Last week the convention had a ''non-meeting'' in Concord to discuss legal matters but cancelled a planned public meeting which was to follow that session because it had not been posted far enough in advance to satisfy state law.
Shackett said that there is another legal bill as well, from Belknap County Register of Deeds Barbara Luther, for $5,200 for legal fees she incurred defending her office in a court action brought by commissioners to compel her office to comply with a change in accounting procedures which had been recommended by in an audit. The commission has not paid the bill even though the convention placed a line item for $5,200 in the county budget earlier this year for that purpose.
''It's not our bill. We had already hired an attorney,'' County Administrator Debra Shackett advised the commissioners Wednesday morning as they discussed what to do with the bill, which the Mitchell group had forwarded to the county on the instruction of County Convention Chairman Rep. Colette Worsman (R-Meredith).
Shackett's words echoed the warning that Commissioner Ed Philpot gave to the convention in March when he said, "If the Mitchell Group presents us with an invoice, we would not pay it, because we did not hire the attorney."
Disregarding the advice, the convention instead voted to hire the Mitchell Group to defend itself against a lawsuit brought by former Laconia Mayor Tom Tardif, which charged that it had violated the state Right-to-Know Law by electing its officers by secret ballot last December.
Shortly after the suit was filed, the convention had sought permission from the commissioners, in whom state law vests the authority to engage and direct legal counsel representing the county, to hire its own attorney. Citing the statute, the commission refused the request but retained Paul Fitzgerald of the Wescott, Millham and Dyer law firm of Laconia, to defend the convention.
After the commissioners refused the convention's request, the convention appealed the denial to itself, and voted 10-7 to authorize Worsman to seek legal counsel. Both Laura Spector-Morgan of the Mitchell Municipal Group and Fitzgerald filed appearances in Belknap County Superior Court on behalf of the county with Spector-Morgan later withdrawing.
The issue Tardif raised was apparently resolved when the convention held a new election at which votes for the convention officers were made in public.
''I think it was pretty clear up front that we had already hired an attorney for the delegation,'' said Philpot, who said that the flip side is that the Mitchell Group had provided the services in good faith.
''When we tried to explain to the delegation that there had never been a question in the past about how this got handled, they wouldn't listen. It's just another example of the continued friction which resulted in yet another bill for taxpayers. It was unnecessary and is a bill the delegation members should pay,'' said Philpot.
Commissioner Steve Nedeau said that the Mitchell bill isn't the only one for legal services the county faces, pointing out that the convention has hired another attorney to represent it in potential legal action against the commissioners over who has control over line items in the county budget.
''The chairman of the convention was down in Concord soliciting attorneys for that suit,'' said Nedeau, who said that the commission needs to be consistent in the way it handles its differences with the convention which may result in legal bills.
Last month the convention voted nine-to-seven, with two members absent, to retain attorney David Horan, a former assistant county attorney in Hillsborough County, to represent it in its dispute with the commission over the respective authority of the two bodies over the management of the county budget.
Last week the convention had a ''non-meeting'' in Concord to discuss legal matters but cancelled a planned public meeting which was to follow that session because it had not been posted far enough in advance to satisfy state law.
Shackett said that there is another legal bill as well, from Belknap County Register of Deeds Barbara Luther, for $5,200 for legal fees she incurred defending her office in a court action brought by commissioners to compel her office to comply with a change in accounting procedures which had been recommended by in an audit. The commission has not paid the bill even though the convention placed a line item for $5,200 in the county budget earlier this year for that purpose.
Last Updated on Thursday, 16 May 2013 02:49
Hits: 155
Woman says she didn't know neighbor was going to shoot bear in chicken coop
GILFORD — The woman who lives in the Stark Street house that had an unwelcome visit from a black bear over the weekend said the animal was actually inside one of the chicken coops on her family's property.
Brooke Guay said she was home alone with three of the family dogs when she saw the bear inside the coop.
"It totally destroyed one of the coops," she said. "The chickens flew away and were all over."
Guay, who noted the home is owned by her grandmother and the chickens belong to one of her aunts, said one of the dogs was tied outside. When she went out to get her she was growling and pulling at her leash to get closer to the bear.
"I was so afraid she would break her leash," Guay said.
She said the bear didn't appear to be a cub and, in her opinion, was pretty big.
She said all she could think of was getting the dog in the house and once she did she ran to the neighbor's house across the street and called the police. She said she has the police number in her cell phone directory and didn't call 9-1-1. She said initially whoever answered the phone told her she lived in New Hampshire and there wasn't much police could do.
Guay said she had no idea one of her other neighbors was going to come and shoot the bear. "I didn't want the bear to die," she said. "I just wanted him to go away."
She said she heard a "couple of shots." She said the bear, now wounded, "bull-dozed through the side of the coop." Shortly after that she said two police officers came who were very angry to learn someone had shot at the bear.
"They freaked out and started yelling at me," she said.
"If I had known someone was going to shoot the bear I would have told the police (that someone was going to shoot it)," she said.
She said she was initially very angry the police yelled at her but said she has since spoken to an officer of the Department of Fish and Game who she said came to look at her pictures and interview her yesterday. She said he told her he understood she didn't shoot the bear had had no idea her neighbor was coming to her house with a gun when she initially called the Gilford Police.
Police tracked the wounded bear into the woods and killed it.
Guay said this is the first time she has seen a bear in her back yard. She said she has seen fox and deer.
Brooke Guay said she was home alone with three of the family dogs when she saw the bear inside the coop.
"It totally destroyed one of the coops," she said. "The chickens flew away and were all over."
Guay, who noted the home is owned by her grandmother and the chickens belong to one of her aunts, said one of the dogs was tied outside. When she went out to get her she was growling and pulling at her leash to get closer to the bear.
"I was so afraid she would break her leash," Guay said.
She said the bear didn't appear to be a cub and, in her opinion, was pretty big.
She said all she could think of was getting the dog in the house and once she did she ran to the neighbor's house across the street and called the police. She said she has the police number in her cell phone directory and didn't call 9-1-1. She said initially whoever answered the phone told her she lived in New Hampshire and there wasn't much police could do.
Guay said she had no idea one of her other neighbors was going to come and shoot the bear. "I didn't want the bear to die," she said. "I just wanted him to go away."
She said she heard a "couple of shots." She said the bear, now wounded, "bull-dozed through the side of the coop." Shortly after that she said two police officers came who were very angry to learn someone had shot at the bear.
"They freaked out and started yelling at me," she said.
"If I had known someone was going to shoot the bear I would have told the police (that someone was going to shoot it)," she said.
She said she was initially very angry the police yelled at her but said she has since spoken to an officer of the Department of Fish and Game who she said came to look at her pictures and interview her yesterday. She said he told her he understood she didn't shoot the bear had had no idea her neighbor was coming to her house with a gun when she initially called the Gilford Police.
Police tracked the wounded bear into the woods and killed it.
Guay said this is the first time she has seen a bear in her back yard. She said she has seen fox and deer.
Last Updated on Thursday, 16 May 2013 02:14
Hits: 227
County Convention To Meet Lawyer next week
LACONIA — The Belknap County Convention and Belknap County Commission took a step closer to the courtroom this week when Representative Colette Worsman (R-Meredith), who chairs the convention, scheduled a "non-meeting" with legal counsel next week.
The non-meeting will be held in Room 209 of the Legislative Office Building in Concord beginning at 12:30 p.m. Wednesday, May 8 to be followed by a public meeting to take action on "any authorization motions."
When the convention last met on April 17 it voted nine-to-seven, with two members absent, to retain attorney David Horan, a former assistant county attorney in Hillsborough County, to represent it in its dispute with the commission over the respective authority of the two bodies over the management of the county budget.
Consultation with legal counsel is one of three exceptions — discussion of strategy or negotiations with respect to collective bargaining agreements and caucuses of elected members of public bodies belonging to the same political party are the others — to the requirement that all meetings of public bodies, including the county convention, be open to the public. Worsman clearly believes that the chair of the convention may convene a non-meeting without a roll call vote of the members, which is required to meet in a non-public session.
The non-meeting will be held in Room 209 of the Legislative Office Building in Concord beginning at 12:30 p.m. Wednesday, May 8 to be followed by a public meeting to take action on "any authorization motions."
When the convention last met on April 17 it voted nine-to-seven, with two members absent, to retain attorney David Horan, a former assistant county attorney in Hillsborough County, to represent it in its dispute with the commission over the respective authority of the two bodies over the management of the county budget.
Consultation with legal counsel is one of three exceptions — discussion of strategy or negotiations with respect to collective bargaining agreements and caucuses of elected members of public bodies belonging to the same political party are the others — to the requirement that all meetings of public bodies, including the county convention, be open to the public. Worsman clearly believes that the chair of the convention may convene a non-meeting without a roll call vote of the members, which is required to meet in a non-public session.
Last Updated on Wednesday, 15 May 2013 05:07
Hits: 91
Newman resigns as Lakes Region Casino manager
BELMONT — Citing irreconcilable differences with ownership, Rick Newman has severed all ties with the Lakes Region Casino, ending a relationship with the venue that began in 1994.
Newman said yesterday that he resigned his position as general manager and divested his interest in Casablanca Casino, LLC, which operates the charitable gaming at Lakes Region Casino, after finding himself at odds with the owner of the business, Craig Potts of Scottsdale, Arizona over operations. Newman, who maintains a lobbying operation Concord, said that he would no longer represent the casino before the Legislature.
In 1994, Newman registered as a lobbyist for what was then Lakes Region Greyhound Park, owned by the Hart family. Amid allegations of illicit gambling, the Harts surrendered their license and the track closed in 2005. A year later, when the venue was purchased by Marlin Torguson of the Torguson Gaming Group of Biloxi, Mississippi, Newman became general manager. Potts, an investor in the enterprise, acquired the business in 2011, retaining Newman as general manager.
During Newman's tenure, what was a pari-mutuel gaming venue with live greyhound and simulcast thoroughbred racing, became a home for charitable gaming featuring fine dining and live entertainment. When greyhound racing was outlawed in New Hampshire, the track was converted to an arena for moto-cross.
Newman said yesterday that he resigned his position as general manager and divested his interest in Casablanca Casino, LLC, which operates the charitable gaming at Lakes Region Casino, after finding himself at odds with the owner of the business, Craig Potts of Scottsdale, Arizona over operations. Newman, who maintains a lobbying operation Concord, said that he would no longer represent the casino before the Legislature.
In 1994, Newman registered as a lobbyist for what was then Lakes Region Greyhound Park, owned by the Hart family. Amid allegations of illicit gambling, the Harts surrendered their license and the track closed in 2005. A year later, when the venue was purchased by Marlin Torguson of the Torguson Gaming Group of Biloxi, Mississippi, Newman became general manager. Potts, an investor in the enterprise, acquired the business in 2011, retaining Newman as general manager.
During Newman's tenure, what was a pari-mutuel gaming venue with live greyhound and simulcast thoroughbred racing, became a home for charitable gaming featuring fine dining and live entertainment. When greyhound racing was outlawed in New Hampshire, the track was converted to an arena for moto-cross.
Last Updated on Wednesday, 15 May 2013 03:31
Hits: 31
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