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Selectmen's Minutes 2012/04/23


SUNAPEE BOARD OF SELECTMEN
6:30 PM Town Office Meeting Room
Monday, April 23, 2012

Present: Fred Gallup Chairman, Shane Hastings, Joshua Trow, Suzanne Gottling and Donna Nashawaty, Town Manager
Also Present: See attached 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: 0231-0025-0000, 124 Pine Ridge Road, Eileen Kirk.
Parcel ID: 0231-0025-0000, 124 Pine Ridge Road, Eileen Kirk.
Parcel ID: 0137-0003-0000, 60 Maple Street, Carl W. Ostrom.
Parcel ID: 0129-0016-0000, 40 Lower Main Street, Guy Alexander.
Parcel ID: 0235-0004-0000, 24 Shadow Lane, Gail McDonald Revoc. Trust
Parcel ID: 0104-0081-0000, 1005 Lake Ave., Edward Jewell.
Parcel ID: 0225-0073-0000, 34 Riverside Drive, David Bailey.
Parcel ID: 0139-0012-0000, 60 Rolling Rock Road, Keith & Deborah Chrisman
Parcel ID: 0133-0093-0000, 36 River Road, Soo Nipi Realty Trust.
Parcel ID: 0121-0057-0000, 64 Fernwood Point, Frances Harris. by Selectman Gottling, seconded by Selectman Hastings. All in Favor.
Motion to approve the following Land Use Change Tax:
Parcel ID: 0105-0017-0000, 155 Keyes Road, Jason Bell.
Parcel ID: 0239-0011-0002, Messer Road, Mary Grant & Heather Hannigan.
by Selectman Gottling, seconded by Selectman Trow. All in Favor
Motion to approve the following Intent to Cut:
Parcel ID: 0215-0022-0000, North Road, Richard & Elaine Leone.
Parcel ID: 0215-0023-0000, North Road, Richard & Elaine Leone. by Selectman Trow, seconded by Selectman Gottling. All in Favor
Motion to approve the following Yield Taxes:
Parcel ID: 0226-0030-0000, 284 Route 11, Richard Osborne.
Parcel ID: 0234-0008-0000, 524 Stagecoach Road, RH Webb Forest Preserve, LLC.
Parcel ID: 0234-0015-0000, 524 Stagecoach Road, RH Webb Forest Preserve, LLC.
Parcel ID: 0237-0006-0000, 524 Stagecoach Road, V-OZ Asset Management.
Parcel ID: 0207-0004-0000, 51 Maurer’s Lane, Nelson & Helen Maurer Revoc.
Parcel ID: 0218-0018-0000, 175 North Road, Douglas Richardson.
Parcel ID: 0232-0011-0000, Trask Brook Road, Jolyon Johnson.
Parcel ID: 0207-0005-0000, 50 Maurer Lane, Glenn Kneeland. by Selectman Hastings, seconded by Selectman Trow.  All in Favor
Motion to approve the following Property Tax Credits:
Parcel ID: 0106-0037-0000, 1228 Route 11, Walter & Karen Dykeman by Selectman Gottling seconded by Selectman Hastings. All in Favor

Christine Walker-Upper Valley Lake Sunapee Regional Planning Commission
Christine Walker, Executive Director wanted to talk about 2 items. One is to give the Board an overview of the housing needs assessment that was recently finished. The last study was done in 2001. The Housing Needs Assessment has been prepared to assist municipalities with understanding the housing needs of all residents of all levels of income and ages. Donna Nashawaty requested more copies of the summary reports and will talk to Michael Marquise, Town Planner to see if he would like Christine Walker to come and speak to the Planning Board. The second item is the UVLSRPC would like Sunapee to participate in a partnership agreement that coordinates previous long range planning efforts for transportation, land use, economic development, housing environment, energy, cultural and historic resources, public health, and environmental planning into a common framework, engages local communities to work together to develop a comprehensive plan for their region, and culminates with an overall vision for New Hampshire’s future. Christine Walker will leave an agreement for Donna Nashawaty to review and sign.       

Attorney Susan Hankin-Birke-Sunapee Cove
Attorney Susan Hankin-Birke, on behalf of HallKeen, Inc, has reviewed the Town’s “Grandfathered” Rights Policy and would like to request that the Selectmen extend the discontinuance period for another year. The property, as an assisted living facility will have been discontinued for a period of two years on May 29, 2012. HallKeen, Inc. was the successful bidder at the Sunapee Cove auction held on March 14, 2012. The actual closing on the property is anticipated to occur on approximately June 1, 2012. Donna Nashawaty is a little concerned regarding the owner of the “grandfathered” usage and that the property has not transferred yet. In talking to the Town’s Attorney, it was suggested that the Town puts a conditional approval that the transfer must occur by a certain date. As Chairman Gallup recalls it was an extensive site plan review for the project to be an assisted living facility and feels it would be a benefit to everyone if the discontinued period was extended. Donna Nashawaty said that part of the problem the Town Attorney has is that these are not the owners asking for the extension. Attorney Susan Hankin-Birke stated that in New Hampshire there’s something called “equitable title”, when a person signs a purchase and sales agreement, they now have “equitable title” in the property subject to the actual closing. Donna Nashawaty wanted to make sure the Board understands they do not have the owners asking for the extension, but are moving forward with the extension. After much discussion, it was determined that HallKeen, Inc. will continue the use as an assisted living facility and the Board will grant an extension. Motion to grant a one (1) extension from the May 29, 2012  of the “grandfathered” use of Sunapee Cove to its current owner, US Dept. of Housing and Urban Development to be conveyed to the successful bidders upon their approval, HallKeen, Inc. by Chairman Gallup, seconded by Selectman Gottling. All in Favor.





Public Comments
•Gene Hall wanted to make two (2) comments. On the state of the Gazebo in the harbor, it’s been eight (8) years since it’s been painted and it’s looking pretty tired. The back side of the roof is black, which probably came from the bonfire this fall. Gene Hall said that the Gazebo is the one of the main focal point of the harbor and hopes Tony Bergeron can spruce it up.
•Gene Hall read that the County is asking the Towns for their input or comments on a County Communication Center and hope the Board takes a good look at this proposal and questions this pretty hard. Chairman Gallup said that the Donna Nashawaty, Chief David Cahill, Chief Dan Ruggles and Selectman Gottling have been attending the meetings. Gene Hall stated that it looked like the Board was on top of the situation.  

Selectmen Action
•Motion to sign the deed waiver for the property located at 38 Wilderness Park Road by Selectman Gottling, seconded by Selectman Trow. All in Favor.
•Motion to sign the deed waiver for the property located at 59 Hamel Road by Selectman Trow, seconded by Selectman Gottling. All in Favor.
•Donna Nashawaty reviewed the MV Kearsarge lease agreement with the changes that were discussed at the March 12th Board of Selectmen Meeting. Motion to accept and allow the Town Manager to sign the MV Kearsarge Lease Agreement by Selectman Gottling, seconded by Selectman Hastings. All in Favor
•The public hearing regarding the Fireworks Ordinance will be held on May 7th.
•Motion to appoint Stephen White & Sharon Parsons to the Harbor House Livery by Selectman Hastings, seconded by Selectman Trow.
•Motion to appoint Deborah Grant & Charlotte Brown to the Crowther Chapel Committee by Selectman Gottling, seconded by Selectman Hastings.
•Motion to allow Chairman Gallup to sign the use of facilities application submitted by Lake Sunapee Cruising Fleet to use the Safety Services Building for a sailing rules Seminar on June 16th by Selectman Gottling, seconded by Selectman Trow.

Chairman’s Report
Selectman Gottling passed out a survey of neighboring towns’ room use policies.

Town Manager Report
The Library Purchase & Sales Agreement closing has been delayed due to a problem with the Mylar. Because Claremont Savings Bank does not have a deed or a Mylar the May 1st closing date will be extended.  
•Donna Nashawaty reminded the Board of the joint meeting with Sunapee Water & Sewer and the New London Selectmen this Thursday, April 26th at 5:30PM to sign the inter-municipal agreement





Donna Nashawaty put out bid requests to three (3) banks for the interim funding. One of the banks withdrew their bid request, so the two (2) remaining banks were Lake Sunapee Saving Bank and Sugar River Savings Bank. Sugar River Savings Bank was the lowest bidder. Motion to authorize the Town Manager to award the interim funding of the Wastewater Treatment Plant to Sugar River Savings Bank by Selectman Trow,
seconded by Selectman Hastings. All in Favor.
•Donna Nashawaty shared an email with the Board that she received from Joyce Fulweiler, Tilton Town Administrator. See below: Summary:
Concord is still waiting for their Council to decide; if they do go forward, they are only interested in representing the City of Concord.~ Their concern is that all of the city's wards have their own rep (plus at-large representation) with the exception of ward 5 - which would now share a floaterial district~with the Town of Hopkinton.~ The population deviation between Ward 5 and Hopkinton is excessive.~ I don't recall the actual percentage she quoted. They would use their own solicitor - not hire an outside law firm. However, they would be willing to share information with the attorney that Tilton hires.
City of Manchester solicitor (624-6523 tclark@manchesternh.gov) Tom Clark has referred their legal counsel Tom Donovan (McLane Graff, etc.) to other interested communities. Tom Donovan said they would be willing to take Tilton on as individual client.~ He also said there was an attorney in Concord, Martin Honigberg at Sulloway Hollis 224-2341 who is representing some private individuals from the Concord area and perhaps he would be interested in representing other towns. The Tilton Selectmen would like to see if they could team up with other towns to hire an attorney - more power in the numbers. Please let me know if either of your Board's would be interested in joining in a law suit with Tilton.~~ As you know from my previous emails - Tilton's concern is that we are entitled to our own representative, Tilton/Sanbornton interests are two divergent to be combined and Sanbornton has more voters than Tilton.
Donna Nashawaty spoke with Dick Leone regarding the history of the last redistricting. Dick Leone stated that the courts came in redistrict us and Dick Leone thought it was someone outside the state, from South Carolina. A constitutional amendment was passed in 2006 stating that any Town or ward that qualified for a district would get one.   
Chairman Gallup feels the Town needs to get onboard somewhere, but doesn’t know what the cost will be. Chairman Gallup asked Donna Nashawaty if she had contacted the Town Attorney regarding this matter, Donna Nashawaty said she had not. Donna Nashawaty will follow-up with a call with Tilton, Gilford and maybe Meredith.
•The Zoning Board Appeal continuation will be held on Tuesday, May 22nd at 7:00PM at the Town Office Meeting Room.










Meeting Adjourned at 8:53PM
Barbara Vaughn
Administrative Assistant                                

Approved:_____________          


____________________                            ______________________
Frederick Gallup, Chairman              Emma Smith, Vice Chairman               

_________________________               _____________________________
Shane Hastings                          Suzanne H. Gottling


Joshua Trow