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Selectmen's Minutes 2014/08/11
SUNAPEE BOARD OF SELECTMEN
6:30PM Town Meeting Room
Monday, August 11, 2014

Present: Frederick Gallup, Chairman and Suzanne Gottling, Vice-Chairman, Shane Hastings, Joshua Trow, and Donna Nashawaty, Town Manager

Absent: Emma Smith

Also Present: See Sign-in Sheet

Chairman Gallup opened the meeting at 6:30PM.

REVIEW OF ITEMS FOR SIGNATURE:
Motion to approve the following CZC’s:
Parcel ID: 0134-0018-0000 247 Lake Ave. Bruce Lukasik
Parcel ID: 0218-0062-0000 112 Sargent Rd. David & Sharon Montambeault
Parcel ID: 0136-0028-0000 323 Lake Ave. Mark & Deborah Pasculano
By Selectman Gottling, seconded by Selectman Hastings. Unanimous
Motion to approve the following Land Disturbance Bond:
Parcel ID: 0136-0028-0000 323 Lake Ave. Mark & Deborah Pasculano
By Selectman Hastings, seconded by Selectman Trow. Unanimous
Motion to approve the following Land Use Change Tax:
Parcel ID: 0209-0015-0000 198 Ryder Corner Rd. Gerard & Maryanne Leone
By Selectman Trow, seconded by Selectman Gottling. Unanimous

APPOINTMENTS
Jeff Barrette, Bennie Nelson, the Sullivan County Commissioners, and Jessie Levine, the Sullivan County Manager met to update the Board on various projects going on in the County. Commissioner Barrette went on to say, that the budget went down this year, due to a construction project that was finished. The tax rate did not go up this year, to note Selectman/Representative Gottling had a lot to do with that. The Biomass facility, which is combined heat and power, is now online. The County’s expectation is to see something between a $50,000, and $80,000 savings on a yearly basis after the bond payment is paid. This is in part due to operational savings and at least in the first three or four years Thermal REC credits that, the County is currently able to sell to the utilities. Another project is the Community Correction Center, which has been operating for roughly three years and according to the data has been successful. The meetings are now televised or available online at the county website. Chairman Gallup thanked everyone for coming and updating the Board. Donna Nashawaty wanted to know if the countywide dispatch center was dead or are there any new ideas. Commissioner Barrette stated that unless there is a will to do so, they are not interesting in growing the county government and the place where that dovetails the county the best is in the Sheriff’s Department and Commissioner Barrette would like to see where the chips fell and the comfort level of the new Sheriff before this would even be discussed.  
•Mike Durfor, Chairman of the Harbor House Livery Committee and Sharon Parsons, teacher at the Middle High School and in charge of the Senior Project. The senior project is a yearlong project that must be completed in order to graduate. This year there is a senior, Anna Richardson, who is working on learning how to create stain glass windows.
Ms. Richardson would like to donate one to the town, which could be used either as artwork or as a window. Motion to accept the artwork/window for the Harbor House Livery by Selectman Trow, seconded by Selectman Gottling. Unanimous

PUBLIC COMMENTS
Jan Bettencourt wanted to thank Scott Hazelton for action on the Transfer Station brush pile. Also, thank him for pursuing the Thrift Shop swap shop. Donna Nashawaty announced that Earl Towle would be the new Transfer Station Foreman. Mrs. Bettencourt wanted to know if it was possible to add the School Board meetings to the Board of Selectmen’s agenda. Donna Nashawaty stated that the Town does not track the school’s meeting calendar. Donna Nashawaty went on to say, that the Town could, but what if the Town missed one, it’s not something maintained by the Town. Donna Nashawaty wanted to go on the record as saying it is an extra step that could fall through the cracks.     
•John Augustine wanted to know the date of the signed agreement between the Harbor House Livery and the Better Future Alliance. Is the date September 1st or September 31st? Also, is there a dollar amount that if the Town does not accept their plan, the Town payment for their effort. Selectman Gottling said if her memory was correct, it was if the Town made an agreement with someone else in the meantime, then the Town would owe Better Future Alliance for their time spent. John Augustine asked if the Town does not come to an agreement with Better Future Alliance, is the Town free and clear to do whatever. Selectman Gottling replied that was her understanding. Donna Nashawaty thought the agreement had a one-year renewable clause. John Augustine assumed that they would ask to renew, before the expiration date on the agreement and wanted to know if it would be done in a public meeting. An email could be sent to Donna Nashawaty asking to have an appointment on the Board of Selectmen’s agenda. Selectman Trow stated that he thought the agreement expired on September 31st, because the Board signed the agreement on September 23rd of last year. John Augustine said there were two or three meetings before the expiration date, which a one-year extension could be granted.
•Peter Urbach wondered since the Harbor House Livery has not had a meeting in three months, how are they overseeing the work of this group and when they are likely to get a report themselves, since they have not had any public meetings. .

SELECTMEN ACTION
•Motion to approve for use of facilities form for the Ucci and Knisley wedding on September 6 at the gazebo, except for throwing the sunflower seeds by Selectman Gottling, seconded by Selectman Trow. Unanimous.
Motion to approve the withdrawal of up to $20,105.70 for the Lower Main Street Bridge Project from the Bridge Capital Reserve by Selectman Hastings, seconded by Selectman Gottling. Unanimous.
•Motion to accept the gift from the Estate of Donald R. Osgood for $3,453.67 to be applied directly to supplies and equipment for the Sunapee EMS Program by Chairman Gallup, seconded by Selectman Gottling. Unanimous.
Motion to approve the Sunapee Fire Dept. Turkey Raffle Application to be held on November 12th by Selectman Hastings, seconded by Selectman Trow. Unanimous.

CHAIRMAN’S REPORT
•Selectman Gottling stated that there is a new person in charge of the transportation program for Community Alliance, who is very aware of not only the concerns of Sunapee, but of the whole county.  

TOWN MANAGER REPORTS
The Board was given the Legislative Floor Policies, which they will review and make recommendations at the August 25th meeting.
•Donna Nashawaty presented the draft cy-pres for the Board’s review. Donna Nashawaty went over the “steps” of the draft cy-pres, which the Attorney had condensed the two cy-pres into one. After much discussion, it was decided that the Town Manager would forward the cy-pres on to the Library Trustees for review at their Tuesday, August 19th meeting. In addition, the Trustees can decide if they would like to send a representative to work with the Town Manager and Town Attorney to try to come to an agreement. Regarding the cy-pres for the $975,000 loan versa the equity of the Abbott Library building, the advice received from the Town Attorney; was even if you presented a cy-pres it would never be granted, because you cannot take away the trust equity that is  invested in the building and ask a court to take it away. Chairman Gallup stated that the reason the Board had the Town Manager ask this question was because taxpayers have approached members of the Board and the question came up at the last visioning session. However, further discussion with the Town Attorney, it was asked if this was talked about during the bond article and Donna Nashawaty replied it was, but both the Board of Selectmen and Abbott Library Trustees felt it wasn’t appropriate to confuse the article about the disposition of the old Abbott Library. The only chance that the court would approve of the use of the trust value to be able to be forgiven by the $975,000 loan would be if the Trustees asked for that. Chairman Gallup stated that he hoped the Trustees consider the fact that there have been some conversations and comments made during some of the meetings and that they would consider this. Peter Urbach stated that he would argue to the Trustees that the Trustees have a fiduciary responsibility to preserve library funds and to insure that library funds are used for library purposes. Peter Urbach continued by saying that the use of the town loan to do away with library funds is not an appropriate use of library funds. Donna Nashawaty stated that if it had been included in the warrant article to say, that the library interest in the old building was exchanged for the $975,000 loan, this would have been accepted. Donna Nashawaty went on to say, that it was a deliberate effort on behalf of the Board of Selectmen and the Library Trustees to support the library article and as long as the library has any interest in the building it has to be used as a library, cannot be an historical library.                  
•The Board reviewed the monthly budget through July 31st.
•Donna Nashawaty will be on vacation for the October 6th Meeting and asked if the Board would like to rescheduled. Chairman Gallup said they would wait to see what was going on before making a decision.
•The all-day budget meeting will tentatively be held on Friday, November 7th.

•Don Bettencourt wanted to know if there would be a copy of the handout on the legislative policies at the next meeting. Chairman Gallup stated a copy would be available.
•John Augustine asked if the tax bills would be available before the general election on November 4th. Donna Nashawaty replied that it would depend on when the Dept. of Revenue sets the Town’s the tax rate appointment. The Town generally tries to get the tax bills out by November 1st to be due on December 1st, which is the earliest you can make them due.
•Since the new library is two and one-half times the size of the old library, Jan Bettencourt wanted to know what the specific need for the new library meeting room. The responses from the Board were for Lions Club meetings, seniors meeting and library programs. Jan Bettencourt went on to say, that this goes back to the needs and wants and at times she thinks the Town has very expensive wants.  
   
Meeting adjourned at 9:06PM
Submitted by,
Barbara Vaughn
Administrative Assistant                                

Approved: _____________         

____________________                            ______________________
Frederick Gallup, Chairman      Suzanne Gottling, Vice Chairman

_________________________               _____________________________
Shane Hastings                          Joshua Trow     
________________________                _____________________________
Emma Smith