SUNAPEE BOARD OF SELECTMEN
7:00 PM Town Office Meeting Room
Monday, April 25, 2011
Present: Frederick Gallup Chairman, William Roach Vice Chairman, Emma Smith, Charlotte Brown, Suzanne Gottling, Donna Nashawaty, Town Manager
Also Present: see attached sign-up sheet.
Chairman Gallup opened the meeting at 7:00PM
Terri White-Abbott Library
Chairman White updated the Board on the activity of the Abbott Library Trustees from July 2010 to April 2011, which included the following:
Bring a proposal for a new library to voters in March 2012
Held Public Forum on August 24, 2010 to solicit comments/thoughts from public regarding library space. Mailed questionnaires to the voter list and seasonal residents on the tax list.
Scheduled field trips to Kilton Library in West Lebanon, NH (new facility) and Bradford, NH Library (similar to Sunapee brick library w/ addition.
Questionnaires available on library website and responses begin to be tabulated.
Trustees discussion of sites; expand in place and Sunapee Center recommended sites. Trustees hired SMP Architects in New London to develop concepts.
Presentation from SMP Architects-costs for each site nearly identical, discuss financing options, props and cons of selected sites. Unanimous Trustee support/vote for Sunapee Center site.
Preliminary discussion with Claremont Savings Bank regarding purchase of land. Negotiations take place : final price of land $299,000-list of contingencies agreed upon/bank attorney to draft P&S for Trustee review, then Town Counsel and Selectmen for review. The Trustees will have a special meeting on May 3rd, hoping to have the P&S to review. Sunapee Lions Club in the early stages of planning to build Community Center, approached Trustees to explore combining their project with new library project.
Selectmen Action
•Chairman Gallup stated that there are some provisions on the Bruce Jennings Agreement that the Town Manager is working on, so the vote will be tabled.
•Donna Nashawaty reviewed some of the changes that Town Council recommended to the Ledge Pond Easement;
Paragraph 8 F: Note that the first sentence imposes liability on the town for the grantee’s costs in enforcement where the town is “directly OR primarily responsible” for the breach (emphasis added).~ I believe the language should be “directly AND primarily responsible.”~ This is because as a matter of policy I don’t believe the town should be responsible for costs unless it is both directly and primarily responsible for the breach. ~However, I do not believe the risk to the town is significant, given that the provisions of 8, H will be read in concert with 8, F.~ ~I do doubt the grantee would agree to the change, and also acknowledge that the town will likely decide that the minimal risk is not sufficient to withdraw from the easement.~
Paragraph 11, B, line 1: - Move the comma from after the word “lawful” to after the word “taking” so the phrase reads: “from such taking, lawful sale in lieu of condemnation…”.
Motion to accept the Ledge Pond Easement as presented by Selectman Brown, seconded by Selectman Gottling. All in Favor.
•Donna Nashawaty recommended that the Board vote on a deed waiver for the 2 properties going to tax deed for non-payment of 2008 taxes, citing RSA 89:38 II-a; “in its judgment acceptance and ownership of the real estate would subject the municipality to undesirable obligations or liability risks”. Chairman Gallup suggested the Board accept the deed waivers. Motion to accept the 2 deed waivers by Selectman Gottling, seconded by Selectman Roach. All in Favor.
•Motion to allow Chairman Gallup to sign the use of facilities application submitted by American Legion Post #25 for use of Sunapee Harbor on May 27th by Selectman Brown, seconded by Selectman Smith. All in Favor. Donna Nashawaty told the Board of the incident in the harbor, during a school field trip a child was climbing on the monument and when the child jumped off the monument separated from its base and the child hurt his foot. Tony Bergeron has spoken to someone about drilling the bottom of the monument and securing it with pins.
•Motion to accept the nomination of Donna Gazelle as a full member of the Harbor House Livery Committee by Selectman Smith, seconded by Selectman Roach. All in Favor.
•Donna Nashawaty recommended the Board allow Chairman Gallup to sign the USDA application that needs to be submitted by Wednesday. Motion to allow Chairman Gallup to sign the USDA Wastewater Treatment Upgrade application in its completed form by Selectman Brown, seconded by Selectman Smith All in Favor.
Chairman Report
Chairman Gallup wanted to touch base on the correspondence regarding the bridge project. In Chairman Gallup’s opinion it seems as though the Mayor and City Council are changing the rules a little bit because they’re starting to talk about the ‘sale” of the bridge instead of the community who first came up a viable plan and with the money to transport the bridge would be awarded the bridge. Chairman Gallup read a letter that was published in the Foster newspaper stated that the City of Dover “was switching gears” in regards to the pedestrian bridge. Chairman Gallup also read a letter from Michael Joyal, City Manager of Dover to Donna Nashawaty regarding Sunapee’s continuing interest in acquiring and repurposing the pedestrian bridge. Chairman Gallup hopes that this turn of events
does not dampen the spirits of the people who have been involved with the design layout and fundraising to get this bridge to Sunapee. Chairman Gallup asked if the Board had any contacts in that area that could help with this project and asked Selectman Gottling if she had any contacts in the Dover area (the legislators) that she could talk to, Selectman Gottling will look into it. Chairman Gallup wondered if as a town, a letter be sent to the Editor of the Foster Newspaper expressing Sunapee’s concerns and interests in the bridge. Donna Nashawaty stated that on the original email she received for the bridge the word “sale” did not appear, but in an email from January of 2011 said “it’s back on the market” and the Dover City Council is interested in the sale of the bridge for reuse elsewhere. Donna Nashawaty wanted to make it clear that right from the beginning a taxpayer in Dover did not want the City to get rid of the bridge, he approached the
City Council and said he would buy it for $1000, but had nowhere to put the bridge and no organized fundraising towards the project. Donna Nashawaty went on to tell the Board how Manchester/Goffstown was looking to use the bridge as part of a rail trail. Chairman Gallup feels the Board needs to work towards a small presentation and would like Donna Nashawaty to make sure a decision will be made at the June 8th meeting and not at the May 11th. Donna Nashawaty said that at the May 11th any Council can bring up the any subject under “old business”. In an article, there was a Councilor that was trying to bring up an ordinance that the Council does not want to address the bridge offers at the June 8th meeting and would give the residents another 8 months, September 2011, to come up with the money to move the bridge and May 2012 to get the money to install the bridge in a greenway. Chairman Gallup thinks the Board
possibly might need a 2 part presentation, a small one for the June 8th and a more detailed one for a future meeting. Chairman Gallup also asked the Town Manager to keep in contact with the City Manager of Dover to see if the Board should be at the May 11th meeting.
Town Manager Report
•Donna Nashawaty read a letter written by Betty Ramspott, Town Clerk and Donna Nashawaty regarding SB156, which would allow NH Dealers to register motor vehicles at the time of purchase. Betty Ramspott and Donna Nashawaty would ask the Board of Selectmen to oppose HB. Motion to authorize a letter from the Sunapee Board of Selectmen to State Senator and House Representative opposing SB156 by Selectman Brown, seconded by Selectman Smith. All in Favor.
•Donna Nashawaty received a letter from a party interested in purchasing a parcel that is owned by the Town of Sunapee, taken by tax deeding and abuts a property they are in the process of buying. Donna Nashawatys concern was that the property owner on the other side of the parcel might also be interested in purchasing the property. Donna Nashawaty went on to say she was worried about an auction type sale stating that there should be a minimum bid so the Town can received some value for the property. Since the Town has never done a transaction like this and has no policy Selectman Brown didn’t think the Town should sell this property and wondered if this is something the Town would want to start doing with property acquire in this manner. Chairman Gallup stated the Town was approach about selling another piece
of property that was taken by tax deed, the Town decided not to sell the property and the previous owners, after a number of years, ended up paying the back taxes on it. Chairman Gallup said that apparently there has been some issues in the court system with the sale of property that Towns have taken in tax deeding. Donna Nashawaty clarified that if the Town sells a property and makes a profit, the Town can keep the money that it would have received in taxes, interest filing fees, but must give the reminder or “profit” back to the owner. The Town cannot make a “profit”, it can only come out whole. Chairman Gallup stated that a piece of property could be worth one amount when taken at tax deeding, but 10 years later worth a considerable amount more. Chairman Gallup wondered why a person who gave the property up should benefit because real estate values have gone up and if a person relinquishes a property they should have no claim at all. Chairman
Selectman Brown asked how long a person could have claim to a property. Donna Nashawaty stated that a recent law said that if you took a tax deeded property and made a “profit” on it, the Town had to give the money back to the original owner, it didn’t have a deadline. Chairman Gallup asked if the value of the property was assessed at the time it was taken for tax deed and Donna Nashawaty said the Town would have to speak to the Town Attorney about how the property would be valued. Chairman Gallup suggested that the Town Manager research this request a little more. Donna Nashawaty other concern was that the property has (2) right of ways to Perkins Pond, so the taxpayers would have rights to access those right of ways. Chairman Gallup said that if the Town agreed to this purchase that the Town could put covenants in the deed that this right of ways will remain open to the public. Selectman Brown did not think the Town should give up this property. Selectman Brown
wanted to know what the rush was to decide on selling this property and Chairman Gallup said there was no rush and that the Town Manager should do more research. Donna Nashawaty will tell the interested party that it’s not out of the question; however the Board wants far more information before they will even consider this offer.
•Donna Nashawaty reviewed the agreements for use of the town dock for the Mt Kearsarge (3 year agreement) and Mt Sunapee (1 year agreement). Motion to authorize the Town Manager to send letters to the regarding town dock agreements adding a 1.5% cola by Selectman Brown, seconded by Selectman Gottling. All in Favor.
•Donna Nashawaty reminded the Board of the Lake Sunapee Watershed Infrastructure Project meeting on Wednesday, May 11th at 6:30PM at LSPA (Knowlton House).
•Donna Nashawaty mentioned the letter that was sent from Pat Remick Coordinator, Coalition Communities to the State Representatives urging our New Hampshire members to work with the NH Senate and Governor Lynch to find an education funding constitutional amendment that everyone can embrace, including the public.
•Donna Nashawaty reminded the Board that a staff member of Senator Jeanne Shaheen will be downstairs to answer public questions on Thursday, June 9th from 2:00PM -3:00PM.
Selectman Gottling wanted to update Board that she has attended a number of County budget meetings. Selectman Gottling also attended the Upper Valley Planning Commission meeting. From what Selectman Roach has read in the paper regarding the County budget, it looks like Sunapee’s obligation will increase by $160,000. Selectman Gottling said the County is dealing with the same issues as the Towns; increase in retirement, rising healthcare costs, which are built-in costs.
Meeting adjourned at 9:17PM
Submitted by,
Barbara Vaughn
Administrative Assistant
Approved:_____________
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Frederick Gallup, Chairman Charlotte Brown
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William Roach, Vice-Chairman Suzanne H. Gottling
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Emma M. Smith
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