CANDIA — Budget Committee member Carla Penfield asked Selectmen Chairman Joe Duarte to step down after he refused to allow public comments at Monday night’s board meeting.

“I don’t think it’s reasonable for you to forbid the public to speak,” Penfield said, adding there were several people at the meeting with things to say.

“You need to resign,” said Penfield.

Duarte said that under the state’s Right to Know law, citizens have a right to attend government meetings but they do not have a right to speak. Elected boards and committees can establish a time to hear public comments, but it isn’t required under the law.

The exchange was triggered by an email Selectman Richard Snow received from Doug Kemp of the state Department of Environmental Services concerning the plan to close the town’s incinerator site.

Selectmen voted to negotiate a $129,000 contract with an Epping-based company, EnviroVantage, to do the work. The contract is contingent upon voters approving the spending next March.

Kemp outlined the work that needs to be done to comply with state regulations, versus work that would be optional.

“The town has been provided cost estimates for activities that aren’t required by the state, but it does not appear that there’s been a detailed discussion of the costs to actually ‘close’ the facility per state/DES requirements,” Kemp wrote.

According to Kemp, necessary work, which includes ensuring the former incinerator is inoperable, testing the burn pile ash to determine its content and quantity so that it can be removed and covering and seeding the former burn pile area, should not cost a significant amount.

The town has been divided over how to close the site. Many in town feel the selectmen have pushed for a contract that reaches beyond the scope of required work, in order to reclaim the land for public use.

Others are concerned that the work that needs to be done isn’t clear yet because there are still questions about what the ash contains and how much is at the site.

Several people at Monday’s meeting wanted to discuss Kemp’s email. Duarte said there have been meetings in the past when the public was allowed to weigh in on the project. Duarte said the public will have the opportunity to speak about the project during SB2 meetings in the spring.

Duarte said later he felt it was fairer to give all voters an opportunity to speak about the project at the deliberative session, rather than just the small group that attends the selectmen’s meetings.

“Let’s get the town involved, it’s their money,” Duarte said. “I want the town’s input since they are the ones paying the bills. Let’s see what they want.”

Penfield and others feel selectmen should allow citizens to speak at regular board meetings and that Duarte’s decision not to take comments from the public during a Sept. 10 meeting set a negative tone and contributed to divisiveness among residents.

At that meeting, two residents on opposing side of the incinerator closure issue scuffled briefly. Police are still investigating that incident.

High Street resident Barbara Bowman wrote a letter to the board in the wake of that incident echoing Penfield’s concerns. During Monday’s meeting, Duarte asked Bowman to read her letter.

“When the chairman of the board stated that he ‘would not accept input from the people in the audience’ it showed a lack of common sense and respect,” said Bowman. “The people in attendance are the people who must pay the expenses of the town. They should be able to express concerns and get information relative to the decisions being made by the board.”

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Barbara Taormina may be reached at btaormina@newstote.com.