Did the VDE Commissioners and DM deliberately conceal their plans with the ECA President?

This is a question that the public and members of the Village District are entitled to have answered. The source for answers is contained in the VDE Public Meeting documents as well as the Non-Public or private meeting VDE documents.

In reviewing the VDE Public Meeting minutes from January 2012 to April 2012, one finds that the first publicly documented mention of any possible acquisition of ESC is contained in the minutes for the April 18, 2012 Public VDE Meeting. On page 3 of that meeting the last topic is “New Business”-- It is in that section that we find the statement "Commissioner Fairweather said that he had spoken to Maynard Goldman, President of the ECA Board, and discussed concerns regarding the possible political issues with a potential merger of the Eastman Sewer company (ESC) into the VDE…"

However if one reviews the January 19, 2012 Non-Public Meeting minutes (held in violation of the NH Right to Know law) the second topic is “Eastman Sewer Company” and it is here stated that the "Eastman Sewer Company has asked the VDE to consider taking over the operation of the Sewer Company......."

On February 7, 2012 at a Non-Public Village District of Eastman Commissioners Meeting, held in violation of the NH Right to Know Law (VDE Non-Public Minutes 2-7-12), numerous ECA and ESC officials led by Board President Maynard Goldman began to develop a takeover plan that would ultimately give power and control of the Sewer Company to the Village District of Eastman. Contained in the last paragraph of page 3 of that Meeting’s minutes is the following statement:

         "Commissioner Wood also moved that the VDE Board continue talks with ESC and ECA. Commissioner Fairweather added to the motion that the meetings stay in non-public session until such time that the information is presentable to the public. Mr. Moses asked that it be clear that a representative from the Sewer Board be present at every meeting. Both the amendment and initial motion were seconded; VDE voted unanimously to continue with the talks."

These comments demonstrate the clear intent to continue discussions away from the purview of the public about the acquisition and subsequent takeover.

Then at a subsequent 2/15/2012 Non-Public VDE Commissioners Meeting (again illegal) VDE members and the public will find the following documentation contained in that session's minutes:

(paragraph 6)

"Commissioner Wood would like further discussions regarding the role of the VDE in the ESC's future to be done in open meetings. The motion was seconded by Commissioner Sullivan and was unanimously approved."

At this point members of the public would have expected the Commissioners to adjourn the non-public session and re-convene PUBLICLY. It would also be expected that the Commissioners would document what had occurred in the non-public session on February 15 and continue the discussion in public. THIS WAS NOT DONE, in fact the Commissioners continued their non-public session for more than one hour after passing the above quoted resolution.

The January 19, 2012 and the February 7, 2012 Non-Public minutes were approved in the February 15, 2012 Non-Public session indicating that it was the full intent of the commissioners to keep those minutes non-public as of that meeting. Given the documentation of the February 15, 2012 Non-public meeting, the public would expect that by no later than the March 21, 2012 Public Meeting, the VDE Commissioners would disclose the private acquisition proceedings to the public. Once again the VDE commissioners and District Manager failed their constituency in fulfilling the public trust.

But wait, the VDE Commissioners held another Non-Public meeting on 3/21/12. It's purpose was to approve the Non-Public minutes of 2/15 wherein they stated they would go public!!

Based on reviewing the commissioners’ and district manager’s own documentation, is there any question that throughout their acquisition process VDE officials and ECA officials acted to deceive the public?

Remember, the VDE is a Municipal entity, just like the Town of Grantham and the Grantham School Committee. Would we, the Public accept this behavior from the School Board or the Town Selectboard?

Submitted by Robert Logan--40 year resident of Eastman