SUNAPEE BOARD OF SELECTMEN
6:30 PM Town Office Meeting Room
Monday, May 21, 2012
Present: Fred Gallup, 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: 0232-0022-0000, 39 Depot Road, Intreal LTD. Inc.
Parcel ID: 0209-0029-0000, 5 Twin Birch Lane, Gary & Pat Canning
Parcel ID: 0148-0023-0000, 12 Hamel Road, Robert Lauricella & Catherine Butler
Parcel ID: 0238-0043-0000, 45 Penacook Path, Steven Swenson & Marybeth Donegan
Parcel ID: 0145-0027-0000, 61 Hells Corner Road, Bruce & Maureen Brandon
Parcel ID: 0133-0088-0000, River Road, Town of Sunapee
by Selectman Gottling, seconded by Selectman Trow. All in Favor.
Motion to waive $35 permit fee for bridge permit by Selectman Hastings, seconded by Selectman Trow. All in Favor.
Intent to Cut: Parcel ID: 0234-0008-0000, Stagecoach Road, RH Webb Forest Preserve.
Parcel ID: 0233-0015-0000, Stagecoach Road, RH Webb Forest Preserve
by Selectman Trow, seconded by Selectman Hastings. All in Favor.
Public Comments
John Augustine of Stagecoach Road doesn’t think the minutes of the fireworks ordinance public hearing accurately reflect the discussion. John Augustine knows he made a comment, in which he stated he thought the existing laws or ordinances regarding noise, litter and public safety were sufficient. Therefore, the fireworks ordinance was unnecessary and excessive. John Augustine went on to say, that Aaron Simpson made a comment about the circular logic, that you had to get a permit before you could get the fireworks, but you couldn’t get the permit until you had the fireworks to show that they were permissible types of fireworks. John Augustine doesn’t recall the gentleman’s name, but his comment was, don’t be overly draconian. Also Bob Wilkie mentioned that multiply towns on Lake Winnipesauke
have banned fireworks altogether, none of these comments were in the minutes. John Augustine stated that what does appear in the minutes are a lot of comments supporting the fireworks ordinance. Chairman Gallup wanted John Augustine to know that there was an issue with the recording device, which made it difficult to transcript what the conversation was.
Chairman Gallup went on to say that the recorder is working tonight and that the comments John Augustine was making now will be in the minutes for this meeting.
The Board will be continuing the fireworks ordinance discussion later on in this meeting. Chairman Gallup said the Board had discussed at the last meeting about having another public hearing on the fireworks ordinance and in lewd of fact that some of the minutes from the last meeting were lost, it seems to be the way to go so that everyone’s comments are heard and documented in the minutes. Chairman Gallup apologized for the inconclusiveness of the minutes, but the staff did as well as they could with the notes they has taken by hand. The ordinance was modified from what was presented at the May 7th meeting based on the comments received and will be reviewed later in this meeting. John Augustine said that he had a separate comment, at the public hearing he had asked what the cost to date was on
what’s been done and the predicted cost going forward would be to implement this ordinance. John Augustine called the Town Manager on Tuesday, May 8th and was told she was not in the office, so John Augustine left a voice mail asking for a conversation so he could understand it. John Augustine would like the predicted cost to include the new tickets that Chief David Cahill said would need to be created, the Fire Chief’s time to inspect and issue the permits, which could be fifty (50) permits per week. John Augustine doesn’t know how much of Chief Dan Ruggles time it will take to issue permits. Chief Dan Ruggles said that basically a lot of people on the lake will not be able to obtain a permit because they will not be 50 feet from any structure, overhead utilities or woodlands. John Augustine thinks that having a permit process is going to add cost; Chief Ruggles will have to talk to the people, inspect the property, and write out the permit, collect
the money, communicate the ordinance, and enforce the ordinance. John Augustine doesn’t want an exact number, but are we talking $10, $10,000 or $100,000 by the time this is done and been enforced for a year or two. John Augustine would like an answer and hope that the people who are spending taxpayers’ money would like an answer too. Chairman Gallup said that as far as the cost of developing the ordinance, which basically is what the Board of Selectmen does. They are the policy setters for the Town. Chairman Gallup went on to say that the Town Office staff and Town employees are here to support the Board of Selectmen, as well as administer the ordinances, so it might be hard to pinpoint an amount on the cost of developing this ordinance.
Charlotte Brown had a question on the dog ordinance was enforced, because it was a mine field this spring. Charlotte Brown also wanted to know if any fees had been collected. Chairman Gallup asked if the disposal bag stations have been kept filled.
Selectman Gottling spoke with some people from Georges Mills and they told her that once the summer people went home the Georges Mills beach was not as pleasant as it should be. Selectman Gottling encouraged them to call the police. Chief Cahill said the department has received phone call from different areas in town, particularly Sunapee Harbor, but at this time no citation have been written.
Anne Nilson had a comment regarding the fireworks ordinance. Anne Nilson suggested that the Board specify certain days of the week that fireworks would be allowed, that way residents would know there would be certain days they could get some peace and quiet.
Peter Urbach had a question on Section III H. fireworks permits are limited to three (3) permits per calendar year. Peter Urbach is that three (3) to the Town of Sunapee, three (3) permits per person, and three (3) permits per property or three (3) permits for owners of the property? Chairman Gallup responded point well taken.
Representative Spec Bowers updated the Board on the County Budget.
Selectmen Action
•Motion to sign the first issue tax warrant by Selectman Trow, seconded by Selectman Gottling. All in Favor.
•Donna Nashawaty asked the Board if they had seen the letter from Sullivan County regarding the emergency operation center. After the last meeting, Donna Nashawaty, Chief Ruggles and Chief Cahill met relative to what the town could expect. In summarizing the discussion; the group felt there was no harm in letting the committee figured out all the bells and whistles of doing a county wide dispatch, however, Donna Nashawaty feels, and both Chief Cahill and Chief Ruggles agreed, that the message be sent that this shouldn’t be paid for by general taxation. Donna Nashawaty went on to say that Sullivan County would like the Board on supporting a committee to explore the merits of the proposal to create an emergency operation center and to appoint a representative to represent the town on the committee. Donna
Nashawaty suggested appointing Chief Cahill and Chief Ruggles and Donna Nashawaty as an alternate in case either one could not make it. Gene Hall stated that he read in the paper that the Town of Newport does not want to participate, why wouldn’t the Town of Sunapee take a stand and also say they do not want to participate. Chief Cahill stated that it’s the trend to have a county dispatch center and in Chief Cahill opinion it’s a great idea. Chief Cahill feels the best thing to do right now is to support this committee. Chief Cahill went on to say that in the next couple of years almost every community will belong to a dispatch center and being in at the beginning stages, the Town can have some say, input and direction on what’s happening. Chief Ruggles also agrees with Chief Cahill that the Town needs to be on the ground floor of this project. In general, Chairman Gallup doesn’t have much faith in the county, but feels it’s to the town’s
advantage to support the committee and get some concrete facts before deciding if the town wants to participate. Motion to support a committee to explore the merits of the proposal to create an emergency operation center in Sullivan County by Selectman Gottling, seconded by Selectman Trow. All in Favor.
•Donna Nashawaty summarized the changes the Board made to the fireworks ordinance at the May 7th meeting.
Board Comments; Selectman Trow-considering the public input from the last meeting there were definitely people who opposed a permit, but it appeared that the majority of the people who cared to attend were in favor of the permit system. Selectman Trow feels this is a good starting point and adjustments can be made if necessary.
Selectman Hastings-thinks the ordinance is written well, but not in favor of ordinance, would like to beef-up the existing noise and litter ordinance.
Selectman Gottling-is satisfied with the ordinance, the idea of giving important dates are necessary. Selectman Gottling also wants the Board to remember that no ordinance is written in stone and that feedback should come back to both Chief Cahill and Chief Ruggles. It’s a reasonable start.
Chairman Gallup-feels it’s a good compromise, it doesn’t shut it off completely and allows for everyone who has an appropriate place to be able do it. Chairman Gallup also agrees with Selectman Hastings that the Board needs to revisit the noise ordinance to cover a few other things.
Charlotte Brown questioned Section III C-fireworks shall be ignited a minimum of 50 feet from any structure, overhead utilities, or woodlands; Is a dock a structure? Is a shed a structure? Charlotte Brown went on to say if a dock is a structure than you’re eliminating a lot of waterfront pollution. Selectman Gottling looked up in the zoning ordinance and found out a dock is considered a structure. Charlotte Brown also asked what was considered woodlands, is it a group of trees or a single standing pine tree. Donna Nashawaty and Chairman Gallup stated that Chief Ruggles will be inspecting the site and the Town will rest on his judgment, as far as the safety issue. Chief Cahill would like to see the Town identify what these definitions are. Chairman Gallup said the Town could add a small table of definitions to the
permit. Chief Ruggles asked that on New Year’s, Memorial Day, 4th of July, Labor Day and Christmas there is no permit required, does the ordinance stand without a permit. Donna Nashawaty responded yes, that all the other provisions would stand.
John Augustine had a question on Section IV I.-the town may charge an application fee in the amount of $20, which they may not? Are some people going to be charged and some people not going to be charged? Who makes that determination? Chairman Gallup said that everyone would get charged the $20. Donna Nashawaty said it should be corrected from may charge to shall charge. John Augustine asked if it was a cash only payment and if so Chief Ruggles would be making change? Donna Nashawaty stated that the application would be processed at the Town Office. Selectman Trow pointed out that at the bottom of the permit it stated that the Selectmen’s office would process the permit and that Chief Ruggles would only be responsible for reviewing the site. John Augustine stated he was just trying to understand the process;
the person would go buy the fireworks, get a receipt, take the receipt to the Town Office, pay the $20 fee and receive a permit. Donna Nashawaty stated the permit will be available on the website and the person would bring the permit with the receipt to the Town Office to be processed, then the Town Office would give the permit to Chief Ruggles. The applicant would receive the permit from Chief Ruggles after inspection of the site. John Augustine was concerned that there could be around fifty (50) permits received every week, which would be very time-consuming and expensive. Chief Ruggles stated that the 50 feet from any structure regulation would disallow a lot of properties on the lake. Chief Ruggles also stated that weather conditions would play a factor in issuing a permit. John Augustine suggested the Town have step by step instructions on the permit process. After further discussion, it was determined that because the recording device from the May 7th meeting was
not properly working and that this is a hot topic, the Board will schedule the next public hearing on the fireworks ordinance June 4th.
•Motion to allow Chairman Gallup to sign the use of facilities application submitted by the American Legion to use Sunapee Harbor for the Memorial Flag Ceremony by Selectman Hastings, seconded by Selectman Trow. All in Favor.
•Motion to allow Chairman Gallup to sign the use of facilities application submitted by the Sunapee Police Association to use Sunapee Harbor on May 27th for 5K Road Race by Selectman Gottling, seconded Selectman Trow. All in Favor.
•Motion to allow Chairman Gallup to sign the use of facilities application submitted by the Sunapee Central 5 Grade to use Dewey Beach on June 14th for beach day by Selectman Trow, seconded Selectman Gottling. All in Favor.
Town Manager Report
•Donna Nashawaty gave the Board a bridge update; received DES permit, which is attached to the building permit. The Board already approved the bridge abutments and they should be going in as the water is low.
•Donna Nashawaty needs to schedule a closing on the library property, the closing must occur by June 1st.
Selectman Gottling wanted to thank John Augustine for making sure the Board got some of the things that were missed in the minutes of May 7th.
8:18PM - A motion was made by Selectman Trow to go into non-public session under RSA 91-A:3, II(a). The motion was seconded by Selectman Gottling and Roll Call vote approved unanimous. The Town Manager and Recording Secretary were also present.
Motion to seal the minutes indefinitely by Selectman Trow, seconded by Selectman Gottling.
Selectman Trow wanted to make the following corrections to the May 7th minutes;
Chief Dan Ruggles clarified that permits would not be issued with a class three (3) rating or higher, should read permits will be issued for higher than a class (3) rating.
Representatives from Atlas Fireworks were in attendance and explained they would post the new ordinance in both Newport locations. There is only one (1) Atlas location in Newport.
Meeting Adjourned at 8:47PM
Barbara Vaughn
Administrative Assistant
Approved:_____________
____________________ ______________________
Frederick Gallup, Chairman Emma Smith, Vice Chairman
_________________________ _____________________________
Shane Hastings Suzanne H. Gottling
Joshua Trow
| 
