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Selectmen's Minutes 2012/07/02


SUNAPEE BOARD OF SELECTMEN
6:30 PM Town Office Meeting Room
Monday, July 2, 2012

Present: Fred Gallup Chairman, Emma Smith Vice 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: 0133-0054-0000, 21 Quarry Road, Brian & Janice Crean
        Parcel ID: 0130-0004-0000, 23 West Court Road, Joshua Trow
        Parcel ID: 0113-0023-0000, 56 Ridgewood Road, David Howland
Parcel ID: 0114-0053-0000, 101 Fairway Drive, Tom Seymour
Parcel ID: 0207-0015-0000, 48 Kelswood Lane, Thomas & Marguerite Nelson
Parcel ID: 0131-0010-0000, 21 Wendell Overlook, Ronald & Theresa Caputo
Parcel ID: 0104-0059-0000, 42 Oak Ridge Road, Dairy Lane Holdings
Parcel ID: 0132-0021-0000, 33 Winn Hill Road, Louise & John Bonfiglio
by Selectman Gottling, seconded by Selectman Hastings.
4 in Favor 1 Abstain
Motion to approve the following Land Disturbances:
Parcel ID: 0130-0004-0000, 23 West Court, Joshua Trow
Parcel ID: 0113-0023-0000, 56 Ridgewood Road, David Howland
by Selectman Gottling, seconded by Selectman Smith.
4 in Favor 1 Abstain
Motion to approve the following Driveway Permit:
Parcel ID: 0130-0004-0000, 23 West Court, Joshua Trow
Parcel ID: 0125-0041-0000, 131 Garnet Street, Greg & Eileen Lagrotteria
by Selectman Hastings seconded by Selectman Gottling.
4 in Favor 1 Abstain
Motion to approve the following After the Fact:
Parcel ID: 0125-0041-0000, 131 Garnet Street, Greg & Eileen Lagrotteria
by Selectman Gottling, seconded by Selectman Trow. All in Favor
Motion to approve the following Permit to Excavate:
Parcel ID: 0130-0004-0000, 23 West Court, Joshua Trow.
by Selectman Hastings, seconded by Selectman Gottling.
4 in Favor 1 Abstain
Motion to approve the following Tax Abatements:
Parcel ID: 0142-0004-0000, 12 Great Island, Steven & Rebecca Trotsky
Parcel ID: 0206-0015-0000, 116 Prospect Hill Rd. Bernard & Lisa Eastman
Parcel ID: 0218-0061-0000, 112A Sargent Road, Dustin Aldrich &
Kelli Durkee by Selectman Smith, seconded by Selectman Trow.  
All in Favor
Tony Bergeron-School Street
Tony Bergeron would like to resurface the road and reconstruct the sidewalk on School Street. If this was done Tony Bergeron would probably not be able to reconstruct the intersection of High Street that was scheduled to be done. But, in Tony Bergeron’s opinion School Street is in worse condition and the sidewalk is a safety hazard to the children walking up the hill. Chairman Gallup asked if only the sidewalk could be done and save the street for later? Tony Bergeron replied the pavement, particularly by the school is falling apart. Selectman Hastings stated that if there is no money in the budget for the High Street project then money should be set aside in the budget for next year. Tony will be starting the project at the end of July.

Chief David Cahill
•Chief David Cahill presented the Board with sample noise ordinances from towns similar to Sunapee, which are Newbury and Meredith. Selectman Trow presented the Board with sample noise ordinances from Belmont and Durham. Chief David Cahill also presented the Board with a “draft” noise ordinance for Sunapee.    
•Chief David Cahill presented the Board with a sample skateboarding ordinance from Meredith, which specifically states what Meredith concerns are. Chief David Cahill stated that he would encourage the Board if they were to adopt an ordinance to look at outlining Garnet Street, Lake Avenue, Burkehaven Hill and some of the side streets to keep the skateboards or longboards out of populated areas. Chief David Cahill also added that wearing a helmet should be required. Chief David Cahill is not aware of any state laws or ordinances regarding skateboarding. Selectman Gottling was concerned because several times in the harbor the skateboarders would come out between the parked cars in the harbor. Chief David Cahill said the department has spoken with the kids regarding the dangers of skateboarding around parked cars in the harbor. Chief David Cahill stated that the skateboarders do use the skate park, but the kids in the harbor are using “longboards, which a completely different sport.
Chief David Cahill will take any direction the Board wants regarding the noise ordinance. Chairman Gallup stated the current noise ordinance is very limited, Chief David Cahill stated the Town’s noise ordinance came from the state noise ordinance. Selectman Gottling stated that one of the sample noise ordinances said that a police officer could be the judge if the noise was unreasonable; Selectman Trow replied that it was in the state statue. Chief David Cahill said that the police officer could be the judge of the noise, but the police cannot be the complainant, a complainant would still be needed. Chairman Gallup stated that the Board should take some time to review the information that was presented and come back with thoughts and comments to the July 16th meeting with what the Board would like to see in a “draft” ordinance.

Public Comments
John Augustine asked if the flares that are used around the lake are concerned fireworks. Chairman Gallup doesn’t believe that flares are classified as a firework. John Augustine asked if anyone had checked, Chairman Gallup stated no one had checked. John Augustine feels that someone should check as to what determines a “class c” firework. Chief Cahill stated that it was discussed at the public hearings. Chief Cahill went on to say that the height, the range and the explosion, not just the ignition of flame.
Selectman Trow stated that “class c” fireworks can only be sold by regulated distributors. John Augustine asked how many permits had been issued to date. Donna Nashawaty replied that (11) eleven had been issued. John Augustine asked how many citations or warnings had been given? Chief Cahill replied (2) two warnings down in the harbor. John Augustine asked how many citations for the dog ordinances have been given. Chief Cahill replied (2) warnings for the dogs running at large and for fouling there has not been a complaint.      

Selectmen Action
•Chairman Gallup stated the Board received the resignation of Brian Garland from the Recreation Committee and asked if a letter of thanks can be sent.
•Motion to appoint Maria Fair to the Recreation Committee by Selectman Smith, seconded by Selectman Hastings. All in Favor
•Chairman Gallup read a letter received from Lynne Tuohy asking to establish the Tuohy Family LLC Charitable Works expendable trust fund. Motion to accept the Tuohy Family LLC Trust Fund to use for the purpose intended by Selectman Trow, Seconded by Selectman Hastings. All in Favor.
•Motion to sign the Transfer Station Agreement between the Town of Sunapee and the Town of Springfield by Selectman Gottling, seconded by Selectman Hastings. All in Favor.
•Motion to sign the annual agreement for the use of the Town of Sunapee dock by the Appleseed Cruise Property, LLC by Selectman Trow, seconded by Selectman Hastings. All in Favor.
•Motion to sign the wastewater upgrades notice of award by Selectman Trow, seconded by Selectman Gottling. All in Favor.

Minutes corrections
Selectman Gottling had the following correction to the June 18th minutes;
Page 2, line 3- the word imitative should be changed to initiative  
Page 3, line 5- the word new should be changed to knew.

Town Manager
•Comcast Franchise Agreement-Donna Nashawaty has been notified that it’s time to start the Comcast Franchise Renewal Agreement process. The formal process generally includes the following steps:
1) Within six (6) months of the submission of this letter, the Town conducts an ascertainment proceeding which affords residents an opportunity to identify the future cable-related needs and review Comcast’s performance under the current agreement.
2) At the Town’s request, Comcast submits a renewal proposal with a draft cable television agreement.
3) Within four (4) months of the Town’s receipt of Comcast proposal, the public is afforded “adequate notice and opportunity to comment on the renewal proposal” and the Town must chose to renew the agreement or issue a preliminary denial.
Donna Nashawaty asked the Board how to proceed. Donna Nashawaty would forward letter and contract to the Board, she didn’t feel that since the town didn’t have franchise fee there’s not really anything to negotiate.  

•Refunding Bonds-The public hearing on the refunding bonds will be held on Monday, July 16th at 7:15PM. Motion to hold the public hearing regarding the refunding bonds on Monday July 16th Selectman Gottling, seconded by Selectman Hastings
•Interim Chief Asessor-Donna Nashawaty stated that the Joint Assessing Board interviewed multiply candidates for Norm Bernaiche position, but didn’t come up with a successful candidate. Kris McAllister has been named the Interim Chief Assessor, which will give the Joint Assessing Board time to find a successful candidate without rushing.  
•Assessment Review-Donna Nashawaty received the assessment review by Dept. of Revenue Administration.
•Scenic Byway-Donna Nashawaty gave a little history; a letter of intent was submitted on behalf of the Lake Sunapee Byway Committee.  The letter formally notified NHDOT of the committee’s intent to apply for funding to construct an interpretive trail consisting of thirteen (13) signs and to create a marketing plan and website to promote the Byway. The selectboards of the towns of Newbury, New London and Sunapee approved and provided letters of support for the application and the project. This included a commitment of $2,540 in cash and $10,160 in-kind match for each municipality. The in-kind match consists of volunteer time on the Scenic Byway Committee and staff time and materials from local DPWs. Donna Nashawaty received a letter from UVLSRPC on the federal rules changes regarding the Scenic Byway. In accordance with the federal rules we cannot offset the town match with work to be provided, unless our work costs are less than bids for the same work.~ In essence the engineering has to happen, which costs.~ We then bid the work.~ If the bid for work is lower from an outside contractor than our own guys then we have to award to the outside contractor.~ We will not be able to meet our match in that case since we were matching with our highway department work. Chairman Gallup feels that the Town should pull out, Selectman Hastings agreed. Selectman Gottling knows that the Town Manager has spent a lot of time on this project and would like her thoughts. Donna Nashawaty stated that it will take all three (3) towns to go forward, you can’t individually pull out. The grant was granted because it was the three (3) towns together, with all the kiosks in the multiply towns. Donna Nashawaty does not know how the other towns are going to vote. Donna Nashawaty would like the Board to give her the direction to talk to the state and make the state uphold the rules that were in place when the three (3) towns first entered the grant process. The rules were changed after that. Chairman Gallup asked where the rules are being changed. Donna Nashawaty responded it’s administered by the State DOT division. Donna Nashawaty stated that the Board might want to start out putting some pressure on the Governor and the NHDOT. Donna Nashawaty will write a letter and bring it to the July 16th meeting for signatures.              
•Old Library Building-The Historical Society would like to be concerned as occupant of the old Library Building. The Thrift Shop might also need a place to go. The Town has time to research what will be done with the building.   




8:30PM-A motion was made by Selectman Gottling to go into non-public session under RSA 91A:3, II(a) Dismissal, promotion or setting compensation for public employees, seconded by Selectman Trow. Roll call vote was approved unanimous.

9:12PM-Motion to returned from non-public session by Selectman Smith, seconded by Selectman Hastings unanimous.

Next meeting Sugar River Bank will be here for the closing.

The meeting is recessed for 15 minutes. The meeting was resumed.

Meeting Adjourned at 9:37PM
Barbara Vaughn
Administrative Assistant                                

Approved:_____________          


____________________                            ______________________
Frederick Gallup, Chairman              Emma Smith, Vice Chairman               

_________________________               _____________________________
Shane Hastings                          Suzanne H. Gottling


Joshua Trow