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longislander · 05-25-2021, 10:25 AM

I stand corrected.

I had thought the May 10 meeting was a non-public session for all items. Had not noticed the board had the P&S agreement on the agenda, and then went into non-public. Minutes were sealed, as usual, for non-public, and minutes not published.

The LOI was signed by the board chair, I think on May 6

Town of Moultonborough, 10, 2021
8:00 A.M.6 Holland St.Moultonborough, NH.
I .CALL TO ORDER
II.NEW BUSINESS
A.Taylor Property: Purchase and Sale Agreement
III.NON-PUBLIC SESSION
A.RSA 91-A:3, II (a)
B.RSA 91-A:3, II (b)
IV.ADJOURNMENT

Minutes of May 10 morning meeting

"To sign the Purchase and Sales Agreement as presented and to authorize the Chair to sign noting this is subject to town meeting approval on May 15, 2021."

I'll bet Huggins never signed the LOI! So why the P&A?

Article 15 at town meeting, by petition, required by law (RSA 41:14-a) that the select board present "any proposal" for the sale of the Taylor property. It was tabled because of no proposal. It should have been deemed null and void, since there was no proposal, neither in LOI form, nor P&A form. "Tabling" insinuates a possible reconsideration. Just look at the state legislature. Article 15 was Dead On Arrival, with no legal possibility of resurrection.

There was no need for a P&A agreement for town meeting. Just a yes/no vote on a proposal. Has anyone seen the P&A agreement? I haven't and I attend all of the business sessions? The LOI was on the town website. Can you just picture a real estate Sales agreement at town meeting. We'd be still arguing about what Monday means, three weeks later.

Also,
The select board does not need town approval to tear down the Taylor Building (Prudential Affairs doctrine). RSA 41:14-a helped kill the "wilderness" proposal by requiring town approval, but tear-down does not. The Huggins proposal wasn't brought up till after the petition against the wilderness business, and was welcomed "news" to most of us before town meeting.

You snowbirds can begin voting at town meeting, if you get back to town by the second week of May, since we voted to change Town meeting from March to May

05-25-2021, 10:25 AM	#17
longislander Senior Member Join Date: Jun 2007 Location: Moultonborough Posts: 501 Thanks: 43 Thanked 93 Times in 70 Posts	I stand corrected. I had thought the May 10 meeting was a non-public session for all items. Had not noticed the board had the P&S agreement on the agenda, and then went into non-public. Minutes were sealed, as usual, for non-public, and minutes not published. The LOI was signed by the board chair, I think on May 6 Town of Moultonborough, 10, 2021 8:00 A.M.6 Holland St.Moultonborough, NH. I .CALL TO ORDER II.NEW BUSINESS A.Taylor Property: Purchase and Sale Agreement III.NON-PUBLIC SESSION A.RSA 91-A:3, II (a) B.RSA 91-A:3, II (b) IV.ADJOURNMENT Minutes of May 10 morning meeting "To sign the Purchase and Sales Agreement as presented and to authorize the Chair to sign noting this is subject to town meeting approval on May 15, 2021." I'll bet Huggins never signed the LOI! So why the P&A? Article 15 at town meeting, by petition, required by law (RSA 41:14-a) that the select board present "any proposal" for the sale of the Taylor property. It was tabled because of no proposal. It should have been deemed null and void, since there was no proposal, neither in LOI form, nor P&A form. "Tabling" insinuates a possible reconsideration. Just look at the state legislature. Article 15 was Dead On Arrival, with no legal possibility of resurrection. There was no need for a P&A agreement for town meeting. Just a yes/no vote on a proposal. Has anyone seen the P&A agreement? I haven't and I attend all of the business sessions? The LOI was on the town website. Can you just picture a real estate Sales agreement at town meeting. We'd be still arguing about what Monday means, three weeks later. Also, The select board does not need town approval to tear down the Taylor Building (Prudential Affairs doctrine). RSA 41:14-a helped kill the "wilderness" proposal by requiring town approval, but tear-down does not. The Huggins proposal wasn't brought up till after the petition against the wilderness business, and was welcomed "news" to most of us before town meeting. You snowbirds can begin voting at town meeting, if you get back to town by the second week of May, since we voted to change Town meeting from March to May