Claremont School Board, October 7, 2020

Regular meeting with the public back in the room after the September 23 decision, two members on Google Meet: a Stevens counselor's plea to keep high school buses, the superintendent's report on the October 19 full return, an FY20 surplus of a little over $2 million, a roll-call vote to retain 5 percent of the net assessment (about $845,000) under the newly amended RSA 198:4-b, and up to $247,000 from the transportation expendable trust for two buses and one van after members objected to using it for special education vans. The page is built from the CCTV recording's dialogue transcript; no agenda, packet or minutes survive in the district's online shares. Timestamps link to the same moment in the Cablecast recording.

Body
Claremont School Board (Claremont School District, SAU 6)
Date
Wednesday, October 7, 2020 (the chair calls “this October 7th meeting of the Claremont School Board to order”, 0:00:04)
Start time
No agenda survives; the call to order is at 0:00:04. Adjourned by voice vote at 2:20:27; the dialogue transcript runs 2:20:55. No nonpublic session.
Location
Not stated in available records. Members of the public attend in person (citizens' comment: “It's nice to see everyone in person tonight.”); Rob Lovett Jr. and Carolyn Towle join on Google Meet.
Recording
Cablecast: SCHOOL BOARD meeting 10/7 (dialogue transcript runs 2:20:55; the Cablecast API refused this environment, so the run time was not retrieved)
Minutes
None located. MAP.md records no Drive material for this meeting: neither district share holds a year folder older than 2022, and the Meeting Minutes share starts at 2023 (checked 9/26/26). At this meeting the board approves the minutes of August 5, September 2 and September 23, 2020 by roll call.
Board composition
Seven members, all present: Frank Sprague (chair), Heather Whitney (vice chair), Jason Benware, Rob Lovett Jr. (remote), Michael Petrin, Carolyn Towle (remote) and Rebecca Zullo.

Participants

Everyone heard or addressed on the recording. Spellings follow the project's 2015-2023 roster where the transcript garbles a name (for example Lord Love for Lovett, Joel for Towle, Pizza for Petrin); there are no minutes to check spellings against.
NameRoleParticipation
Frank SpragueChairPresides from the room; asks for roll calls on each vote; notes the transportation trust was presented to taxpayers at a public hearing (1:44:54); proposes holding the retreat in place of the November 4 meeting.
Heather WhitneyVice chairSeconds the agenda changes; questions using the transportation trust for special education vans (1:49:39).
Jason BenwareMemberMoves to strike the MOA ratification, the 5 percent retention (1:37:24) and the transportation-trust withdrawal; corrects his spacing argument from September 23 (2:12:51).
Michael PetrinMemberMoves all three sets of minutes; seconds the retention and trust motions; stays on the budget subcommittee; reports the Stevens golf team's season.
Rebecca ZulloMemberSeconds the minutes; asks how many high school students lose busing, and asks to see bids under board policy (1:52:28).
Carolyn TowleMember (remote)Says the remote members cannot follow the motion (1:38:33); agrees with Whitney on the vans.
Rob Lovett Jr.Member (remote)Says he cannot hear the motion being made (1:38:53).
Michael TempestaSuperintendent, SAU 6Reports the family survey, cleaning, lunch barriers, schedules and the October 19 return; explains the high school busing cut.
Richard SeamanBusiness administratorReports the FY20 surplus, CARES Act spending and the RSA 198:4-b and transportation-trust recommendations.
Audra BucklandAssistant principal, Claremont Middle SchoolPresents the middle school schedule (0:37:56); introduced by name (0:34:35).
Frank RomeoPrincipal, Claremont Middle SchoolDescribes the schedule built for cohort C students (0:35:52). Surname from the roster; the superintendent calls him Frank.
Ben NesterDirector of special educationExplains the special-needs and life-skills transport the vans would serve (1:47:49).
Mary WoodmanSchool district clerkTakes the roll and the roll-call votes.
Mimi (surname not transcribed)Citizens' comment, Ward 1; Stevens High School counselorSpeaks against cutting high school buses (0:06:13). She gives only her first name and ward on tape; a Ward 1 speaker spelled her name Mimi Rhines at the April 18, 2018 meeting, which is probably the same person.
Patrick AdrianMember of the public, Ward 1 (former board member)Self-identified (1:56:32); recalls no mention of vans when the transportation trust was proposed.
UnidentifiedVarious81 of 730 dialogue rows (11.1%), including an administrator explaining bus capacity.

Order of business (reconstructed)

No agenda survives. The list below is reconstructed from the chair's transitions; the board and staff refer to discussion items by letter (A, B, C, D).
Taken upItemWhat was said and done
0:00:04Call to order, pledge, roll callAll seven members answer; Lovett and Towle on the line.
0:01:15AgendaBenware moves to strike discussion item A, “Radical ratification of MOA.” [ratification]; Whitney seconds; roll call. The amended agenda is then approved by roll call (0:02:49). POSITIVE
0:03:26Minutes of August 5, September 2 and September 23, 2020Each moved by Petrin, seconded by Zullo and approved by roll call (0:03:50, 0:04:30, 0:05:15).
0:05:48Citizens' commentsOne speaker, on high school busing.
0:09:46Superintendent's reportSurvey, cleaning, lunch barriers, transportation, middle and high school schedules, staffing.
1:25:01Discussion and action: CARES Act reimbursement and contingency (items B and C)Seaman's recommendation; motion to retain 5 percent of the net assessment under RSA 198:4-b, passed by roll call (1:40:04 to 1:40:59). MEDIUM OBSERVATION
1:41:08Item D: approval to spend from the transportation expendable trustA $275,000 motion for two buses and two vans is withdrawn; up to $247,000 for two buses and one van passes by roll call (2:02:30 to 2:03:03). MEDIUM POSITIVE
2:03:14Appoint the budget committeeSprague, Petrin and Benware continue.
2:05:00Finalize date for retreatNovember 5 discussed; then moved to the regular November 4 meeting slot at 6:00.
2:08:37Future agenda itemsThe chair asks about a standing item, “This update on process and financial safeguards to protect the district”; the superintendent calls it a “Carryover from the audits.”
2:11:42Good of the orderBenware's correction; golf team; spectators at games; the chair on keeping Google Meet.
2:20:24AdjournmentBenware moves; voice vote (2:20:27).

Discussion timeline

Times are taken from the dialogue transcript (Dialogue/11007 SchoolBoard100720.mp4.CSV) and link into the recording. Quotations are as transcribed; bracketed words are corrections, with the transcript's wording kept where the correction changes sense.

Chronological topics with the most concrete material first.
TimeTopicWhat was saidFlags
0:01:24MOA item struckBenware moves to strike “Radical ratification of MOA.” [ratification of the MOA]; the superintendent later says the union agreements “have been tabled for tonight”. Roll call (0:01:40).POSITIVE
0:03:26Three sets of minutesThe chair: “We've got minutes from the fifth. The second and the 23rd. I guess I'd like to do them all separately.” Each passes by roll call.POSITIVE
0:06:13Citizens' comment: high school buses“I am here today to express my concerns about cutting busses for high school.” “By taking away bussing, we are inadvertently creating a barrier for students who want to come to school.” “As a school counselor at the high school, I don't really know what to tell students and families”. She asks for “even just 1 or 2 busses for high school kids”.
0:11:46Family surveyTempesta: “this is a composite of the survey 615 respondents with and it overwhelmingly being 93% that students want to return.”
0:13:06Cleaning“we clean and use the foggers in the rooms every single night.” Seaman: the foggers “We had ordered them back in April.”
0:17:24Lunch-table barriersPolycarbonate barriers designed and 3D-printed by middle school teachers, with delivery “beginning on on Monday”; chosen over fiberglass after a fire test (0:19:29).
0:22:08Why high school buses are cut“right now we only have 24 Max students on the bus, and we're already up around 18 or 20.” “we can't go back to how the some of these busses had 60 kids on them.” Zullo asks how many high school riders are affected; no number is given (0:25:40).
0:29:30Other transport optionsPetrin suggests Southwestern Community Services transport (0:30:09); Towle: “Southwest Community Services bus line, they're really, really good to work with”.
0:34:35Middle school scheduleRomeo: the schedule “was born out of the care and concern for our cohort C students by our faculty and staff”. Buckland describes blocks giving remote students regular teacher time (0:48:29).
1:08:59High school scheduleTempesta presents the Stevens schedule, “still a work in progress at the high school”.
1:16:20On schedule for October 19?Benware: “are we on schedule for the 19th?” Tempesta: “Barring any unforeseen things”, yes.
1:25:23FY20 surplus and CARES moneySeaman: “last year we had about a little, just a little bit over $2 million surplus.” Catastrophic aid came in at “closer to $600,000” against $190,000 budgeted. CARES: “I think it is $763,000 of CARES act funds” against “about 810,000 of expenditures”.OBSERVATION
1:28:07The RSA 198:4-b recommendationSeaman: “In the past, we have put aside 2.5% consistent with the with the law 198 for B, to establish a contingency fund.” Now “before expending these funds, the school board shall hold a prior public hearing on the action to be taken with such funds.” The 5 percent would rise “from our current approximately $390,000” to “At $845,000.” on a net assessment of “$16.9 million”. He advises against the alternative under the governor's emergency order (1:30:50).OBSERVATION
1:37:00Motion on retentionBenware: “I move that we, appropriate five or we set aside 5% of current assessment per RSA 198.5 to establish a.” Contingency fund. Petrin seconds (1:37:50). Lovett: “I can't even hear what is being asked right now.” Towle: “none of us can understand Jason at all.” Benware restates it (1:39:03).MEDIUM OBSERVATION
1:40:04Roll call on retentionAnswers from Zullo, Benware and others; for Lovett the chair asks “Rob, did you vote because we didn't hear you?”, the transcript gives his reply as “I don't know.”, and the chair says “What Rob said. Yes.” Towle: “My boat is. Yes.” [My vote is]. Passed.MEDIUM
1:41:45Transportation trust: the requestSeaman: “We established a $500,000 transportation reserve specifically for the purpose of replacing busses”; created at “the vote that we had in March of this year”. Two buses at about $105,000 each and up to two vans: “up to $275,000 for the purchase of two busses and up to two vans”.MEDIUM
1:44:54What taxpayers were toldThe chair recalls “public hearing about these these trust funds”; Seaman: “Up to $400,000 for busses, and the remainder would be for vans.”
1:49:11First motion and objectionsBenware moves “up to $275,000 for two busses and up to two veins from the Transportation Trust” [vans]. Whitney asks why special education vans would not come from the special education trust (1:49:39). Adrian: “It was there was never a mention of bands.” [vans]. Towle agrees with Whitney (1:58:08).MEDIUM POSITIVE
1:52:23BidsZullo cites a policy letting the board see bids: “I don't think on my whole entire time on the school board I've ever seen bids.” Seaman: “No. Absolutely not. Your discretion.”
1:56:20A speaker without a microphoneThe chair to Adrian: “Patrick, I can call on you, but nobody's going to hear you. Except us.”MEDIUM
1:59:22Seaman narrows the request“if we're going to utilize it specific to special education, we should take it from the special education expendable trust, not from the regular transportation one.” He asks for one van with the two buses.POSITIVE
2:01:28Substitute motion passesBenware: “Up to $247,000 for two busses and up to one van from the Transportation Trust.” Petrin seconds. Zullo: “I just want it to be an honest move and for people to know exactly what we're doing”. Roll call (2:02:30); passed.MEDIUM POSITIVE
2:03:28Budget subcommitteeThe chair: the subcommittee has to meet the principals during the day; “in the past, it's been, Jason, Mike, Mike, P and myself doing it”. All three continue.
2:05:00RetreatFirst set for Thursday, November 5 at 6:00; then the chair proposes “maybe the next meeting can be the retreat”, and it moves to Wednesday, November 4 (2:11:00).
2:08:55Audit carryover itemThe chair asks about the standing agenda item on financial safeguards; Tempesta: “Carryover from the audits. I think a lot of these things are we just didn't take them off.”
2:11:49Benware corrects himselfOn September 23 spacing: “Donna, I was incorrect and I know this.” “I'm stand corrected, and I just wanted to make that public.”
2:18:52Keeping Google MeetThe chair: “we'll never cancel another board meeting due to weather”, and the board “should be grateful that we have it and continue to use it”.
2:20:24Adjournment“we'll do a voice. Voice call”; passed.MEDIUM

Items flagged for review

These flags are a reviewer's aid, not findings of violation and not legal advice. Each one names the rule it rests on, as that rule read on October 7, 2020, or is labeled an observation where no verified rule applies.

MEDIUM No agenda, packet or minutes for this meeting survive in any district share

MAP.md records no Drive material for this meeting: neither district share holds a year folder older than 2022, and the Meeting Minutes share starts at 2023. At this meeting the board retained about $845,000 of surplus and committed up to $247,000 of trust money, and the recording is now the only public account. RSA 91-A:2, II, as in force from January 1, 2019, required minutes naming members and persons appearing, the subjects, the final decisions and the mover and seconder of each motion, open to inspection within five business days.

MEDIUM limb, because the record mitigates the gap: this board approves three sets of minutes by roll call on this tape (0:03:50, 0:04:30, 0:05:15), so it kept minutes. The next recording in the corpus, December 2, 2020, approves only the November 4 retreat minutes, so this page cannot show when the October 7 minutes were approved.

Sources: RSA 91-A:2, II (2019 codification)

MEDIUM The remote members said they could not hear the retention motion, and one remote vote is unclear

After Benware moved the 5 percent retention, Lovett said “I can't even hear what is being asked right now.” and Towle “none of us can understand Jason at all.” (1:38:29, 1:38:33). Benware restated the motion (1:39:03), which cures the first problem. On the roll call the chair asked Lovett whether he had voted; his reply is transcribed “I don't know.” and the chair then recorded “What Rob said. Yes.” (1:40:37 to 1:40:47). The recording should be checked: the transcript may have misheard him, but as it stands the record does not show a clear answer from him.

Later the chair told a member of the public speaking without a microphone, “nobody's going to hear you. Except us.” (1:56:20), and adjournment was taken by voice. RSA 91-A:2, III(c) required that members participating remotely be able to hear each other and speak simultaneously and be audible to the public at the meeting location; III(e) required roll-call votes. The board did use roll calls on every substantive question (flag 6); the gap is audibility. The motion passed with at least five clear yes votes, so the outcome does not turn on Lovett's answer.

Sources: RSA 91-A:2, III(c) and (e) (2019 codification)

MEDIUM Up to $247,000 committed from an expendable trust with no public hearing shown on the record

Seaman described the fund as the $500,000 transportation reserve created at “the vote that we had in March of this year” and an “expendable trust that we have set up for transportation” (1:43:48); the board named the use and the ceiling by roll call (2:02:30). RSA 198:20-c, II provides that, to expend a school district expendable trust fund, the school board shall hold a public hearing before the expenditure, with notice of time, place and subject published in a newspaper at least seven days before. Nothing on the recording refers to a hearing on this withdrawal; the public hearing the chair recalls (1:44:54) was the one held when the trust was proposed.

Mitigation: the vote authorized a ceiling so the district could seek bids (Seaman: “we can't go out for a bid or even get some solid pricing without at least having an agreement from the board”), and a hearing could still have preceded the purchases. The recording also does not say which statute the March article used; RSA 198:20-c, V subjects these funds to the same rules as reserve funds under RSA 35:1 or 35:1-c. A reviewer should look for a hearing notice between October 2020 and the bus purchases, and for the March 2020 warrant article.

Sources: RSA 198:20-c, I, II and V (2019 codification; source note ends 2012, 219:2, 3)

OBSERVATION The 5 percent retention: right cap, right hearing rule, but described as a board-created contingency fund

The motion was to “set aside 5% of current assessment per RSA 198.5” [RSA 198:4-b] to establish a contingency fund (1:37:24), and Seaman said the amount “needs to be re approved each year”. Ten days earlier, 2020 N.H. Laws 38:25 (effective September 27, 2020) had raised the cap in RSA 198:4-b, II from 2.5 to 5 percent of the net assessment and added a public hearing before retained funds are spent, which Seaman described accurately (1:28:52).

Two points a reader should keep separate. First, paragraph II lets the district's legislative body (the voters) authorize retention for an indefinite period until specifically rescinded; it does not itself provide for a board vote or an annual re-approval, so the board's vote reads as implementing a voter authorization whose text is not in any reachable record. Second, a "contingency fund" is the paragraph I device, created annually by a separate warrant article for unanticipated expenses; retained year-end funds under paragraph II carry no purpose limitation. The labels were mixed on the record, but the mechanism described (retain up to 5 percent, hold a hearing before spending) is paragraph II.

Sources: RSA 198:4-b, I and II (2020 codification; 2020, 38:25, eff. Sept. 27, 2020)

POSITIVE Members tested the withdrawal against the trust's purpose and narrowed it before voting

Whitney asked why vans for an expanding special education program would come from the transportation trust rather than the special education trust (1:49:39); Patrick Adrian and Towle said vans had not been part of the public case for the fund (1:56:32, 1:58:08). Seaman agreed that special education uses should come from the special education trust (1:59:22), and the board cut the motion from $275,000 to $247,000 and from two vans to one (2:01:30). RSA 198:20-c, I limits expenditure from such a fund to the purpose for which it was established; the board applied that test on its own initiative and in public.

Sources: RSA 198:20-c, I (2019 codification)

POSITIVE Roll calls on every substantive vote, and the public back in the room

With two members remote, the chair put the agenda changes, all three sets of minutes and both money motions to roll calls (0:01:40, 0:03:50, 1:40:04, 2:02:30), following RSA 91-A:2, III(e); only adjournment was by voice. It was also the meeting at which in-person public attendance resumed, as agreed on September 23, and the chair checked the phone and video lines for comment as well (0:10:03). No statute required a public comment period until RSA 189:74 took effect on September 6, 2022.

Sources: RSA 91-A:2, III(e) (2019 codification); RSA 189:74 (2022, 333:1, eff. Sept. 6, 2022)

Appendix: source files

Official and public sources

Project files

Working files this page was built from. The dialogue file is linked; the others are not published with the page.

Laws and rules cited on this page