Local sportsmen groups continue to fight for LakeSunapee access at Wild Goose

By Ray Carbone

NEWBURY – Despite two recent setbacks, the Sullivan County Sportsman Club, the NH Bass Federation and others are continuing their efforts to have the state move forward with its long-delayed plan to develop a public access boating facility on the Wild Goose property in town.

Attorney W. Howard Dunn of Claremont, who is representing the organizations and some individuals, has filed a Motion for Reconsideration with the NH department of environmental services’ wetland board after a hearing officer overturned the board’s original decision to allow the sportsmen groups to have a say in the state’s recent relevant actions.

‘The state has an obligation under its statutes to provide access for the public, including (the groups), to Lake Sunapee.’

W. Howard Dunn, attorney

In his legal paperwork, Dunn argues that the officer erred when he disqualified the groups because the full board had earlier decided that the sportsmen organizations are legally recognized as “aggrieved” or “directly affected” parties.

“The state has an obligation under its statutes to provide access for the public, including (the groups), to Lake Sunapee on state-owned land without barrier or impediment,” he added, noting that the board’s recent decision to not apply for an extension of the site’s wetlands permit could “cause forfeit of the state’s only option to this mandate.”

In recent weeks, the Wild Goose plan has absorbed two major blows.

First, the 15-member Lake Sunapee Public Access Development Commission appointed by Gov. Chris Sununu recommended that the NH fish and game department abandon the proposed site. Then the wetlands board decision disqualified the sportsmen groups’ interests.

Glen Normandeau, executive director of the department, said he’s ready to “move on” from the Wild Goose site project. “I’ve got too much on my plate to go walking around looking at lots along Lake Sunapee (for possible alternative launch sites) when I have no money (in the budget) to spend on it,” he said.

While Dunn’s appeal to the wetland board moves forward, the sportsmen groups still have a legal motion pending in Sullivan Superior Court that could force the state to develop Wild Goose. It claims that the state had already committed to the project and that recent actions by the governor, legislature and others do not supersede that decision.

This story first appeared in the InterTown Record weekly newspaper, published in Sutton, New Hampshire on My 8, 2018.

 

 

 

 

 

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Fish and game director says Wild Goose launch unlikely

By Ray Carbone

NEWBURY – The executive director of the New Hampshire Fish & Game Department is critical of a recent report recommending that the former Wild Goose campground property on Lake Sunapee be removed from a list of possible future public boat launch sites, but says he’s ready to move on.

Last week Glen Normandeau said that the recommendation of the Lake Sunapee Public Access Development Commission issued earlier this year likely ends any prospect of the local land developing a deep-water launch facility. “I don’t think anything is going to happen,” he said. “To me, that’s the way it is. I’ve got to move on… I’m not going to refight the last 20 years over again.”

‘I’ve got too much on my plate to go walking around looking at lots along Lake Sunapee when I have no money to spend on it.’

Executive Director Glenn Normandeau

It was more than 20 years ago when the state originally purchased the 3-plus former lodging facility with the goal of providing its legally required public boat access to Sunapee there. Over the years, fish and game has worked with other state agencies to develop the plan but opposition from local officials, the Lake Sunapee Protective Association and others has been strong. Twice the project was at the center of lawsuits suits brought before the NH Supreme Court, but the state’s efforts were upheld. Concerns were still being raised during the commission’s hearing about possible road safety issues related to the site.

Last year the legislature removed funding for the $2.1-million project from its capital budget. (Three-quarters of those funds would have been reimbursed by the federal government.) Not long afterwards, Gov. Christ Sununu established the 15-member commission and charged it to come up with alternative ways of accessing the lake.

Normandeau served on the commission and signed a minority report critical of its recommendation to abandon the Wild Goose site.

“From my vantage point, none of that got the ball moving very far down the road in terms of actual sites on Sunapee that could accommodate a reasonable amount of access,” Normandeau said last week. “There isn’t any.”

The executive director also disputed a recent claim by Neil Levesque, chairman of the commission, that fish and game is unwilling to consider other lakefront properties for launches at this time.

“People seem to want to ignore the money side of this equation,” Normandeau said. “I’ve had the Wild Goose site appraised recently and it amounts to a house lot on the lake. So, it’s worth about $1.2 million. We’re looking at a couple of million dollars to build the project, and I don’t even have that, never mind the money to buy another piece of property.

Normandeau did agree with Levesque that the long-running debate has only hardened viewpoints over the years. “This thing has been a battle on one one side or the other since it began. People pick sides on this thing, and no one is changing their opinions.”

If state officials follow through on the commission’s other recommendation, to transfer Wild Goose to the state’s division of parks, the fish and game department will no longer play a role in, the executive director noted. In that case, Normandeau said he’ll turn his attention to other fish and game projects.

“I’ve got too much on my plate to go walking around looking at lots along Lake Sunapee when I have no money to spend on it,” he laughed. “It’s kind of like going car shopping with an empty wallet.”

This story first appeared in the InterTown Record weekly newspaper of Sutton, New Hampshire on April 24, 2018.

 

State board won’t stop Wild Goose termination process

By Ray Carbone

NEWBURY – The state’s wetlands council reversed an earlier decision and ruled that several sportsmen organizations that want to build a public boat launch facility on Wild Goose do not have a legal right to halt recent council actions that effectively terminate the proposed project.

At the same time, the lawyer representing the sportsmen groups says the ruling last week could provide support for a similar request the groups filed in Sullivan County Superior Court. That action, like the one made to the wetlands council, would have forced the Department of Environmental Services (DES) to move forward with its initial plans to extend a wetland permit and build the launch facility at Wild Goose.

Conley’s decision states that the sportsmen haven’t shown that they would be directly affected by the termination of the wetland permit.

 

“I just think that if my clients don’t have standing with the DES (appeal process), then their action in the superior court is not foreclosed,” and can therefore move forward, said W. Howard Dunn of Claremont. Dunn is representing the New Hampshire Bass Federation, the Sullivan County Sportsmen and the Mountain View Gun club, as well as various other individuals and organizations.

The state is required to provide public water access to Sunapee and other major waterways, and purchased the Wild Goose land more than 25 years ago with the aim of providing a deep-water launch site for Sunapee on the property. But local opposition delayed the process and last year, the state legislature removed all funding for the project. Not long afterwards, Gov. Chris Sununu announced that the state would no longer consider the local land and officials should begin looking at other access options.

The ruling handed down on Tuesday, Apr. 17 by David F. Conley, an attorney who serves as a hearing officer for the wetlands council, affirms a decision made by the group last summer. At the time the 14-member council, which advises the DES about wetlands issues, denied a request from the fish and game department for a five-year extension of the wetland permit that would have allowed the Wild Goose project to move forward.

The council had originally voted to allow the sportsmen’s organization to appeal the decision because the individual boaters and fishermen were aggrieved by the ruling.

Conley’s decision reverses that action and states that the sportsmen haven’t shown that they would be “directly affected” by the termination of the wetland permit.

“A general interest in a problem is not a basis” for a legal complaint in this case, Conley wrote.

“Allegations of adverse consequences to boating, fishing and swimming activities suffered by the members of the (sportsmen) organizations if the permit is allowed to lapse and the Wild Goose site is not constructed is the type of generalized harm to the public (that) our court has found insufficient to establish standing,” he noted.

Dunn said that his clients are considering whether to appeal the council’s ruling to the NH Supreme Court.

At the same time, they await the decision of the Sullivan Superior Court. “It involves the court making a judgment as to the authority of the DES,” Dunn noted.

This story first appeared in the InterTown Record weekly newspaper, published in Sutton, New Hampshire, on Tuesday, April 23, 2018.

 

 

 

 

Lake Sunapee access commission chairman blames NH Fish & Game for Wild Goose snafu

By Ray Carbone

NEWBURY – The chairman of the recently disbanded Lake Sunapee Access Commission blames the NH Fish and Game Department for prolonging any hope that a state-owned public access boating facility can be built on the former Wild Goose campground property in town.

“Fish and game commissioners continue to fight for this site although it’s clearly not going to get built,” Neil Levesque of Concord said last week. “The state legislature decided not to endorse it, the senate didn’t, and the executive council didn’t. The area has some pretty strong safety concerns as well as a big price tag. And the fish and game commissioners are apparently not concerned about that.

“I absolutely believe, not only that the commissioners got it wrong (by recommending a launch be built) on Wild Goose, but after 27 years, why fight for something that’s not going to go anywhere? The fish and game department cannot move on,” he added.

‘It’s almost like a Red Sox-Yankees situation at this point.’

– Neil Levesque, commission chairman

 

Don Clarke of Claremont, a former director of the fish and game department, disputed Levesque’s viewpoint. “The only thing that the fish and game department and commissioners has been stuck on is furnishing the public with access to Lake Sunapee. And that’s what the law says fish and game is charged with doing,” Clarke said.

Levesque also complained that fish and game officials are so committed to their Wild Goose plan that they won’t even consider any other properties that may be available for a launch. “There are locations that can be used but the commissioners won’t go and look at them,” he said. “It’s ‘Wild Goose or burn the whole thing down.’ I found it to be very bureaucratic and sad.”

Clarke disagreed with that as well.

“We did look at plenty of other site for 27 years,” he said. “There was none as good as Wild Goose. The public does not have access that meets the criteria set forth in the legislation, which is that it be open 24 hours with no charge, and that either the state or federal government has to own the property.”

When Gov. Chris Sununu first appointed the access commission late last year, it did not even appear that Wild Goose property be reconsidered as an access site.

Sununu charged the 15-member group with finding other ways for boaters to access the lake and to make recommendations about other recreational uses for the Wild Goose land.

The commission’s final report suggests that the state try to expand free boat trailer parking at existing launch sites in the area while working to find a permanent deep-water launch site. It also recommended that further recreational development at Wild Goose be spearheaded by the state’s division of parks.

The bulk of the commission’s report, as well as most of the time at the group’s six public meetings, focused either on complaints against Sununu’s initiative to abandon Wild Goose or support for his viewpoint.

Levesque said that he was surprised at the strength of the opposing positions. “It’s almost like a Red Sox-Yankees situation at this point,” he said.

“What I found was that there was elements out there, mainly propelled by lawyers and lobbyists, who were pushing and are still wishing for Wild Goose,” he added. “The lawyers are making a lot of money off these sporting groups. They’ve the only ones who have won. In the end, the public still doesn’t have great access to Lake Sunapee. That’s the tragic situation.”

Levesque did not identify any legal entities working in support of the Wild Goose proposal. At this time the only lawyer publically associated with the efforts is W. Howard Dunn of Claremont, who is representing the Sullivan County Sportsman Club, the New Hampshire Bass Federation, the Mountain View Gun Club, and several other nonprofit organizations and individuals. The group has made a formal request to the state’s Wetlands Council to overturn a recent NH Department of Environmental Affairs decision that would effectively terminate any possibility of building a deep-water launch on the Wild Goose land.

Clarke said that Dunn is donating his legal services and the attorney refused to comment, saying only that he has “120 human beings as clients.”

 

This story first appeared in the InterTown Record weekly newspaper, published in Sutton, New Hampshire, on April 17, 2018.

 

 

 

 

Sunapee commission turns thumbs down on Wild Goose site

by Ray Carbone

NEWBURY – The Lake Sunapee Public Access Development Commission, which was appointed by Governor Chris Sununu late last year, has issued a report essentially agreeing with Sununu’s appraisal that the state-owned former Wild Goose campground property in town should not be included on a list of possible sites for future public access boat ramps.

“We strongly recommend​ that the Wild Goose site be removed from consideration as a

Department of Fish and Game boat launch site,” according to the report, which was issued several weeks ago. The move will “release the department from its focus on the Wild Goose development and empower it to find a more acceptable alternative for a deeper-water boat access point on Lake Sunapee,” the report reads.

The report (says) the fish and game department… did not give sufficient consideration to… traffic safety, inadequate residential buffering, expense…

But the 15-member commission, which Sununu charged with developing a plan to expand boaters’ access to the lake, as well as advancing some alternative proposals for the Wild Goose land, did not identify any other possible launch sites and left ideas about the property’s recreational development to the state’s division of parks.

The state agency “should make its own determination as to the suitability of the site’s use, consistent with its mission to provide public access,” the report reads. “This may include providing fishing, car top boat/canoe access, picnicking, or even camping opportunities.”

While Sununu’s charge to the commission did not include reconsidering the state-owned Wild Goose property as a launch site, much of the discussion at the group’s public meetings – and in its final report – focused on the 3-acre state-owned land.

That’s not a surprise, given its history. In 1990, officials purchased it with plans to develop a deep-water public access site that could be used by larger boats. (Smaller vessels can use the State Park in Sunapee.) Then in 1999, they indicated that they might forego the idea because Newbury residents were considering letting the state manage their town-owned Georges Mill launch site.

When that plan fell through, the state turned its attention back to the Wild Goose property but local opposition grew. Some residents and town officials said developing the two-ramp project would create significant traffic and environmental problems for the area. Several legal challenges followed, but the state won them all, as well as all the necessary construction and environmental permits to begin work on the combination launch and parking lot area. The state legislature even earmarked $2.1 million for developing the launch and parking area in 2017. (The federal government will reimburse about three-quarters of the cost.)

But the money was removed from this year’s budget and Sununu opted to withhold an application to extend the site’s needed wetlands permit. (That issue is still being litigated in the Sullivan County Superior Court.)

The commission’s report criticizes the fish and game department’s “determined pursuit” of the Wild Goose project, noting that the department “did not give sufficient consideration to what was reasonable in relation to other concerns, most notably traffic safety, inadequate residential buffering, expense, existing boat access and environmental impact.”

As an example, it points to the department’s definition of the state-required “reasonable access” to the public waterway. “The position of fish and game has been that the state should provide access for 100-percent of boat-types, 100-percent of the time, for free, for as many boats, regardless of the costs, concerns of the community, and safety hazards. This is as realistic as a motorist expecting the state to construct a highway for the capacity of the busiest day of the year, without regard to community, safety nor cost.”

There is already five boat launches on Sunapee that are open to the public at little or no cost, the report reads. “Thousands of boats are accessing the lake annually, approximately three-quarters of which are motorized boats,” it states. “There is no access crisis.”

It also gives attention to “unresolved traffic and safety concerns regarding trailer boat traffic patterns entering and exiting Route 103 to and from the Wild Goose site… The safety concerns of the Wild Goose site voiced to the commission by police, fire and emergency officials were critical to (our) recommendations.”

Finally, the report recommends abandoning the prospect of developing the proposed launch site to “end the long-term divisions and concerns associated with (it.)”

“For almost three decades, the high impact plan to create a boat launch for trailered boats there has been controversial, dividing people and communities. It has cost the (fish and game) department, the state and constituencies hundreds of thousands of dollars. The result is a stalemate,” it concludes, adding that the overall issue of increased access remains unresolved.

Three commission members – including Glen Normandeau, Fish and Game’s executive director – signed a minority report that sharply disagrees with the full board’s opinion. “Finishing the development of the Wild Goose site is the only realistic way to provide the type of site that the commission agrees Lake Sunapee lacks and needs,” it reads. “(We three) strongly believe that Wild Goose provides the only realistic possibility for providing adequate public boat access to Lake Sunapee in the next few years.”

 This story first appeared in the InterTown Record weekly newspaper, published in Sutton, New Hampshire, on Tuesday, April 11, 2018.

At New Hampshire town meetings & polls, residents spring surprises

By Ray Carbone

Despite a snowy week, voters came out to the polls last Tuesday to pick leaders in their local elections. Later, some residents gathered at their annual town meetings to make other important decisions for 2018 and beyond.

NEW LONDON – Residents turned down a plan to buy land where new town buildings could be built in the future, but they had to wait an extra day to find out who won their election for town clerk.

The former proposal, supported by both the board of selectmen and the budget committee, suggested spending up to $500,000 to purchase property where future municipal structures could be constructed; no particular parcel was identified in the warrant article.

The relatively strong showing of Aaron Warkentien to one of two vacant seats on the board of selectman probably surprised some New London residents.

The latter involved incumbent town clerk Linda Nicklos and her challenger, William F. Kidder III. At the polls, the pair tied with 270 votes each, so they had to meet the next day for an official coin toss to decide the winner. Nicklos won, but Kidder has asked for a recount of the ballots, which town officials scheduled for Tuesday (March 22). (The recount affirmed Nicklos’s victor, 274-270.)

In other action, town meeting voters rejected the idea of abandoning their quarterly property tax bills in favor of the more common semi-annual schedule, but they pledged to make all municipal facilities 100-percent dependent on renewable sources for electricity by 2030, and 100-percent dependent for heating and transportation fuel by 2050.

SUNAPEE – The relatively strong showing of Aaron Warkentien to one of two vacant seats on the board of selectman probably surprised some residents. Warkentien’s name was not on the printed ballot, but the write-in candidate came in with 314 votes, close behind incumbent John Augustine’s 325. Joshua Trow came in first with 500 votes.

Sunapee is an SB2 town, so all town meeting action occurred at the polls last Tuesday.

Voters also turned down several spending ideas including ones to buy voting booths, a highway department pick-up truck, and a fast-response utility-forestry truck for the fire department.

The question of whether to allow Keno gambling (lost in Newbury) in a tie vote, 110-110.

Residents made another change in the fire department, voting to have the selectmen appoint three fire wards to oversee its organizational operations.

A nonbinding article that won approval suggests that town workers and taxpayers share in savings realized from a new employee health insurance program. The Concerned Taxpayers of Sunapee, which originally presented the petition article, went to court recently to alter a wording change instituted at the deliberative town meeting last month, but the judge refused the motion.

In school district action, voters okayed a plan that will require future negotiations between with the district’s unions and the school board be held in public.

NEWBURY – For the third time in recent years, voters turned thumbs down on a proposal to build a new public safety building. The $3.6-million plan, which would have constructed a 9,000-square-foot building for the Newbury Fire & Rescue Department on Route 103, lost out in a tight race. Since a bond was required, the article needed support from at least two-thirds of the 253 town meeting voters, which would have been 168, but the final tally was 152-101.

Things were similarly tight in other town elections.

Less than a dozen votes separated the winner of a seat on the board of selectman, Russell Smith, from his opponent Joanne Lord, 113-103, and less than two dozen was the difference in a race for a cemetery trustee post, with Knowlton “None” Reynders besting William Weiler, 113-91.

Even tighter was a question of whether to allow Keno gambling in Newbury. The proposal lost in a tie vote, 110-110.

SUTTON – Unlike similar proposals in other area towns, a plan to build an addition for the town’s fire department won strong approval at last week’s annual town meeting, 104-20.

At the polls, incumbent town clerk/tax collector Linda Ford lost out to longtime resident Carol Merullo, 127-154. Ford had served in the post for most of the last decade.

Voters okayed an annual budget of $$2.2-million but they rejected the idea of establishing some new capital reserve funds and tabled a proposal to buy a new software package for the town clerk/tax collector’s office.

ANDOVER – One of the biggest surprises of this year’s town meeting season may have been the election of write-in candidate Charles Keyser. He won a seat on the board of selectmen with 168 votes, beating out three candidates listed on the ballot.

In other action, voters approved transferring the deed of the East Andover Fire Station to the Andover Fire Department and accepted the title of the town office building. But they rejected the idea of spending $100,000 to buy two lots on Overlook Avenue, as well as putting aside $10,000 for a contingency fund.

This story first appeared in the InterTown Record weekly newspaper published in Sutton, New Hampshire, on Tuesday, March 22. (The print version contained an error, which is corrected here.)

 

Sportsmen Club, others, can move forward with Wild Goose appeal

By Ray Carbone

NEWBURY – The fight to develop a public boat launch site for Lake Sunapee on the Wild Goose property is moving forward.

The long-delayed Department of Environmental Services (DES) project suffered a major setback last year when Gov. Chris Sununu urged the executive council to remove it from its list of proposed 2018 projects in favor of finding and developing a new site. He appointed a commission that’s considering other possible locations, including the Sunapee State Beach, while the DES refused to apply for an five-year extension for the project’s wetland construction permit.

But the chairman of the DES’ wetlands council has given new life to supporters of the Wild Goose site. He’s rejected the state’s formal request to dismiss an effort by the Sullivan County Sportsmen and others that would have required the DES to reverse course and apply for the permit extension. The Sportsmen’s group, which includes the New Hampshire Bass Federation, the Mountain View Gun Club, and several other nonprofit organizations and individuals, says the DES should have followed its usual protocol by seeking to extend the permit as its done previously since it’s already approved the construction project, rather than acquiescing to Sununu.

The Sportsmen’s group says the DES should have followed its usual protocol by seeking to extend the permit… since it’s already approved the construction project.

 

In a decision handed down January 11, George W. Kimball, chairman of the council, addresses the state’s two main arguments for dismissing the Sportsmen’s appeal.

One is that the organizations don’t have any legal standing in the case because they are neither abutters nor one of the original groups involved in the long-running legal dispute. Kimball wrote that the groups – which include fisherman and others with recreational interest in Sunapee – should be considered as a part of the general public that has a stake in the use of the project, just as the Lake Sunapee Protective Association (LSPA) has been allowed a voice in opposing the Wild Goose development.

The second argument states that extending the construction permit does not guarantee that the Wild Goose project will be developed. Kimball wrote that the group is only asking that the construction permit be extended to keep that option open, rather than follow Sununu’s lead. “(They) merely request that the permit be granted the five-year extension, an extension they assert was unlawfully and unreasonably denied,” he writes. “The appeal may be futile as an attempt to construct the project but the (group) states that it might save the state money and time later.”

Whether or not the effort turns out to futile is not a factor in request, he concludes.

The state purchased the 3.3-acre Wild Goose property off Route 103 in 1990 with plans to develop it into a public boat launch that would meet the state’s requirement to provide access to the general public.

But Newbury town official joined with the LSPA and others in opposing the idea, saying the facility would create significant traffic and environmental problems.

Supporters say that the property has already been approved by the DES and that current access is inadequate.

The dispute has faced years of litigation and Sununu said he hoped to move public access issue forward by abandoning a “flawed and controversial idea that has not gone anywhere in 20 years.” The 15-member Lake Sunapee Access Commission that he appointed has been holding a series of public meetings and is planning to make a recommendation next month.

Attorney W. Howard Dunn of Claremont, who is representing the Sportsmen’s group, said he’s encouraged by the recent decision because the language that Kimball used in his ruling may indicate that he’s favorably disposed to the concerns raised by the Wild Goose supporters.

But he acknowledged that the question is not entirely resolved. Since Kimball’s ruling, he said, the state has filed an appeal of his decision, and Dunn has filed a response to the appeal.

This story first appeared in the InterTown Record weekly newspaper of Sutton, New Hampshire on Tuesday, February 6, 2018.

 

New York hedge fund under scrutiny after taking over ownership of Mount Sunapee lease

 

The above image is from the Mount Sunapee resort website.

By Ray Carbone

NEWBURY – It was a meeting viewed both by complex business interests around the world as well as residents of the Sunapee area.

At a public information session held at the Mount Sunapee Resort’s base lodge last week, more than 100 people gathered to express concerns about the transfer of the lease for the state park’s popular ski resort to one of the largest alternative asset management firms in the world.

Och-Ziff Real Estate, which manages over $30-billion in funds from its offices in New York, London, Beijing, etc., took over the lease as part of a $456 million deal involving 14 properties, most of them family recreation areas, from the previous owner, a real estate investment trust named CNL Lifestyle Properties.

But several people who spoke at the NH Department of Natural and Cultural Resources meeting held on Tuesday, Aug. 22, wondered about the hedge fund’s commitment to maintaining local management and operation of the state-owned recreational facility.

The question has become especially significant after Och-Ziff agreed recently to pay $413 million in federal government fines and other penalties in order to satisfy charges filed by the security and exchange commission that two former company executives operated a “far-reaching” bribery scheme, violating the Foreign Corrupt Practices Act. The SEC says the pair paid tens of millions of dollars to high-level government officials in several African countries – including the son of the late Libyan dictator Moammar Gadhafi – to garner investments as well as other valuable resources, including mining deals, for the company.

“Our firm is not proud of what happened here and we take full responsibility,” David Levine, Och-Ziff’s general counsel, told the audience last week. “It’s a disappointing chapter in our 24-year history.”

Levine blamed “two rouge (former) employees” that acted outside company policy for the bribery incidents, which occurred between 2007 and 2012. He said that the company has instituted several measures to insure that a similar problem doesn’t occur in the future.

The operator of Mt. Sunapee will continue to be The Sunapee Difference, a company owned by Tim and Diane Mueller who have managed the property since 1998.

But Andru Volinsky, a member of the governor’s executive council and the official who asked for the public meeting, said Och-Ziff was making a smart business move. “When I see a company that’s instituted a lot of compliance measures, those are all big steps and you do it to avoid prosecution… Certainly, Och-Ziff has stepped up their game but it wasn’t a completely voluntary matter.”

The original, print version of this story, published in the InterTown Record of Sutton, New Hampshire on Tuesday, August 29, 2017, was ended here for space reasons. Below is additional information regarding the meeting.

Indeed, the U.S. Department of Justice has agreed to delay prosecuting the company any further for three years as executives work to incorporate the new measures aimed at greater compliance with the federal laws, and assist the department of justice’s ongoing investigation.

For some residents, the issue of the new lease owner was not as important as how the transfer occurred. Typically, such arrangements like would be subject to approval by the governor and the executive council.

But Jeff Rose, the commissioner of the state’s department of natural and cultural resources, which has governing authority over state parks, and Anne Edwards, an associate attorney general, said the recent situation was exempt from that requirement because it involved, not the lease itself, but the entity that owned the lease and 13 other properties.

So, while Och-Ziff is now the owner of leaseholder, the lease itself is still owned by CLP Mount Sunapee, LLC, the same organization that has held it for the last nine years. (To the relief of some attendees, the operator of Mt. Sunapee will continue to be The Sunapee Difference, a company owned by Tim and Diane Mueller who have managed the property since 1998.)

At the same time, Commissioner Rose said that the state has already begun negotiations with Och-Ziff on the lease, hoping to alter it to make similar transfers require state approval in the future.

But Steve Russell, the president of the Friends of Mount Sunapee nonprofit organization, said no change is necessary. Speaking on behalf of his group, as well as the NH Sierra Club, Russell said that the property’s original 1998 lease indicates that state official should have reviewed the transfer before it occurred in April.

“Examining risk and financial security are essential to maintaining the public trust,” Russell said at the meeting. “It is standard practice in all state contracts.”

Russell also pointed out that the three-year prosecution agreement that Och-Ziff has with the department of justice i as insufficient as a guard against future misconduct by the firm . He said that Public Citizen, a nonprofit organization that monitors government activities, recently indicated that similar agreements are an “inadequate enforcement and oversight mechanism.”

“We believe the state has abandoned its oversight of the lease of the Mount Sunapee State Park,” Russell added. “We appeal to elected state officials to begin a complete and transparent review of this lease acquisition… so that the people of New Hampshire, who are the rightful owners of the Mount Sunapee State Park, can rest assured that our state park is in the hands of those worthy of the public’s trust.”

The story was originally published in the InterTown Record of Sutton, New Hampshire on Tuesday, August 29, 2017.

Special New London (NH) Tracy Library plant stolen – again

By Ray Carbone

NEW LONDON – For the second time in two years, a valuable Japanese maple tree has been stolen from the community garden around the Tracy Memorial Library.

Sandra Licks, the library’s director, said that the most recent theft was discovered about a month ago. “Someone just dug it out and made off with it,” she said. “It’s a bit odd and kind of sad.”

Donna Ferries, president of the nonprofit Garden at Tracy Library volunteer organization that oversees the garden, said she and other members of her group are upset about the vandalism. “Particularly when it’s happened a second time,” she said.

The small tree was first installed in 2016 to honor long-time area resident Sue Little, who oversaw a restoration of the original 1927 garden about 15 years ago, Ferries explained.

“It was (planted) when she resigned from the board,” the current president said of her predecessor. (Little lived in the New London area until recently, she added.) Last year, the group waited about a month after the original theft before replacing the plant last year.

Licks said that Sue Ellen Weeds-Park, the professional gardener who manages the plantings, told her that the most recent incident occurred around May 15.

‘Someone just dug it out and made off with it. It’s a bit odd and kind of sad.’

Tracy Memorial Library Director Sandra Licks

After both thefts, New London Police were notified, Ferries said. “They’ve offered to install a camera,” she noted.

The plant theft is not the first vandalism in the garden. “We have a beautiful fountain,” Ferries said, “and last year, somebody tried to lift it out. And, in doing so, they broke off a water spout.” The valuable copper fixture cost about $1,000 to repair, a cost that was divided between the gardening group and the library trustees, she explained.

The original Morgan Homestead property, on the corner of Main and Pleasant streets, was purchased in 1918 by long-time summer resident Jane Tracy with the goal of converting it into a town library and community center. The building briefly served as the town’s original hospital before work began on the garden area. When it was completed, the grounds included a square garden area surrounded by lilac bushes, four L-shaped beds of flowers surrounded by grass paths and other plantings.

Photographs from the era show a community landmark that many residents enjoyed, but over the years, the property was neglected. By the 1990s, all that remained of the original garden were some trees and shrubs. Interest in the grounds then revived, and in the early 2000s, a restoration project, lead by then-Garden at Tracy President Little, returned it to its original picturesque state and community asset.

The stolen plant is known as an Acer palmatum, or “waterfall,” Japanese elm. “It’s a special variety, grown just to be very, very full and its branches cascade down like a waterfall,” Ferries said. “I have one and it only grows about three-feet high.

“I think they’re worth somewhere between $60 and $80,” she explained. “In New York, they chain them down, chain them to rocks (for security).”

Licks said the location of the small woody plant, by a shed and near the property line, may have been a factor in the thefts. “It’s not in a highly visible area,” she said.

Ferries confirmed that the garden group is considering that possibility. “When we do replant it, we’re wondering if we should put it in the same place,” the president said. “We may want to put in an area that’s more visible.”

This story first appeared in the InterTown Record of Sutton, New Hampshire, on Tuesday, June 13, 2017.

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