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Selectmen's Minutes 2011/06/06

SUNAPEE BOARD OF SELECTMEN
7:00 PM Town Office Meeting Room
Monday, June 6, 2011


Present: Frederick Gallup Chairman, William Roach Vice Chairman, 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, Chairman Abbott Library-Sunapee Center Land
•Library Chair Terri White went over the details of the most recent draft of the purchase & sale agreement. Library Chair White wanted to review some of the changes since she last updated the Board on April 25th.  At the Library Trustees meeting on Friday, June 3rd, the Trustees voted to change the amount of the bank loan from $1,000,000 to $975,000 and the amount of new donations from $1,100,000 to $1,125,000. The Trustees felt if they could get the amount of the bank loan under $1,000,000 it would “look” a little bit better. Library Chair White went over the timeline;
Enter into contingent P/S for land now
Complete design and promotional material June/July 2011
Preliminary Fundraising (Key Pledges) July-December 2011
Town Vote March-2012
Major Fund Raising-2012-2013
Construction-2013-2014
Ribbon Cutting- mid 2014
To help keep the costs down the Library eliminated the community center, only looking at space for library services. Library Chair White wanted to state publicly that Claremont Savings Bank has been great to deal with, very helpful; efficient in turning things around, have really wanted to work with the Trustees to make this project happen. After much discussion between the Trustees and Claremont Savings Bank, the purchase price went from $299,900 to $299,500.
•Peter Urbach highlighted the details of the access road plan; originally the Trustees wanted the Town to take over the road, but Michael Marquise, Town Planner and Tony Bergeron, Road Agent pointed out two challenges:
(1) The required fifty foot width would include the parking spaces adjacent to Sunapee Center and would therefore require the Town to plow these spaces.
(2) The other side of the road would also run right up to the building-owned by the bank to the right of the driveway when entering the site and would be inadequate setback requiring a variance.
The solution proposed:
A forty foot wide easement to the Town with the Town assuming the obligation of maintaining the road and utilities (water/sewer) under the road. The bank was in agreement, but their lawyer was concerned about the liability since it was the bank’s road and the public would be using it. Donna Nashawaty will raise that question with Town Counsel. The bank is agreeable to the easement once the liability question is answered. The bank has agreed to pay for the permitting, engineering, design work, subdivision, recording and related fees and expenses in an amount not greater than $25,000. In the event the agreement should fail, the bank will be responsible for the initial $5,000 and the two parties shall share equally in the next $20,000 in costs. Selectman Brown had a question regarding the warrant articles dates in the Purchase and Sales Agreement of March 12, 2012 warrant, the date should be March 13, 2012. Also in the sentence; and such approvals shall not be executed until after March 13, 2012, should be changed to March 14, 2012. Chairman Gallup asked if the Board needed to make a motion. Donna Nashawaty said that it was a Board of Selectmen motion needed to enter into the purchase and sales agreement, but the Board should know the outcome of the access road and the corrections should be done before it is signed. Donna Nashawaty suggested that the Board decide if they’re going to agree on this project and then will bring the Purchase and Sales Agreement back with the changes to the next Board of Selectmen’s meeting if that was ok with the Library Trustees. Selectman Roach wondered if the Board entered into an agreement and the voters do not want to finance this project or someone brings in an article that they don’t want the library in that location, are we putting the cart before the horse. Chairman Gallup said that there was a purchase and sales agreement on the lot in the harbor, so the question being asked is if this project does not “pass muster” with the voters, where does the Town stand? Chairman Gallup stated that he thought no money had or would be transferred until after the vote and Library Chairman White responded that was correct. Donna Nashawaty stated the $10,000 deposit would be refunded. Chairman Gallup asked if the Town would have to pay the $5,000 for the subdivision fees, survey, etc. and the answer was no that up to $5,000 was at the seller’s expense. Motion to agree to the purchase and sales agreement proposed by the Library Trustees and have the Town Manager bring a final draft to the next Board of Selectmen’s meeting for their signatures made by Selectman Gottling, seconded by Selectman Brown. All in Favor.
•John Walden, Library Director presented a slide presentation and details of the proposed Abbott Library Community Room wing.  The Library Trustees wanted the Board’s thoughts on the use of alcohol since the town ordinance doesn’t allow use of alcohol in town buildings. Chairman Gallup has no problem with the Lions continuing to control things like they normally do. As far as a wedding, Chairman Gallup thinks it could be permitted with some relatively strict guidelines. Chief Cahill said the Library could contact the Bureau of Liquor Enforcement who can explain the variety of licenses that are offered. Donna Nashawaty wasn’t sure what guidelines the Lions follow now since they meet in a restaurant. Jeff Bushy from the Lions Club stated that the club currently meets at his restaurant, which holds the liquor license. Selectman Gottling wanted to know if alcohol has been served in any of the town buildings and the answer was yes at the Firemen’s Dinner which the alcohol is not charged. Chief Cahill also stated that the Firemen obtain an insurance policy for the event. Selectman Brown is concerned about the logistics, when the library is opened and the Lions are not having a meeting, how does the Library staff keep track of who’s in the Lions wing or is that room completely shut off because that’s where the restrooms are located. Library Chairman White replied that the room is not shut off, but Chairman Gallup said it looks like the meeting room can be closed off, but the lobby and restrooms can remain open. Selectman Brown asked when the Library was closed that there would not be access thru the lobby to the Library and Library Chairman White replied yes. Chairman Gallup said short of a motion he thinks the Library has a sense of the Board’s feelings regarding the controlled use of alcohol in that portion of the facility. Library Chairman White asked if the Board would like to see Selectman have some more guidelines, Chairman Gallup replied that the Board doesn’t want to dictate to the Library or the Lions as to how to handle this and just let you work to see what would work for everyone. Selectman Gottling wanted to know what the Lions meant by “gaming”? Jeff Bushy said that gaming would be a Bingo night if the Town agrees to it. Library Chairman White stated there are other Libraries that serve alcohol and they are researching what their policies and procedures are. Selectman Brown was worried about someone wandering in the library with an alcoholic beverage and Library Chairman White said that the events that would serve alcohol would probably be scheduled for when the Library was closed. Library Chairman White said the Library would come back with a formal policy at a later time.     

Debbie Samalis-Wildwood Smokehouse
Debbie Samalis was looking to donate some picnic tables to the Town of Sunapee to put on the grassy knoll adjacent to Hames Park. Debbie Samalis stated that it would obviously benefit her business to give people a place to sit outside, but it would also benefit the Riverwalk. She has run it by her patrons, who are very excited to have another place to go in the harbor. Selectman Brown asked if facing Hames Park is it the section of property to the left of the parking spaces before Hames Park and Debbie Samalis responded it was. Debbie Samalis stated that it would give people another place to sit and enjoy the river. Selectman Brown asked if there was a guardrail and Debbie Samalis responded yes, which is open on both ends. Selectman Brown asked how deep the grassy section was. Debbie Samalis thought it was a good twenty feet. Debbie Samalis would put 4 or 5 tables along the rail side and maybe put a plaque on each one in memory of someone who was involved in the Sunapee community. Selectman Brown didn’t think there was more for 4 or 5 tables and Debbie Samalis said it was about 10 parking spaces wide. Selectman Gottling immediately thought trash and Debbie Samalis said she could put a trash receptacle and maintain it. Selectman Gottling asked if this request had to go to other committees besides the Board of Selectmen. Donna Nashawaty said it would have to go to the Planning Board for a site plan review. Chairman Gallup asked if it was the area where the head-in parking is to where the river drops off, correct stated Debbie Samalis. Debbie Samalis feels this might enhance the Riverwalk and thinks it might get people out of the harbor. Debbie Samalis also feels if the bridge goes over Hames Park it will invite people to come down. Selectman Brown asked if the Town mowed the grass, the response was yes. Donna Nashawaty reminded the Board that at this time a bridge would not be put in Hames Park, which was discussed at the last public hearing on the bridge. Chairman Gallup stated that there is still interest in a bridge in Hames Park, but the focus right now is on the bridge further up (behind the Harbor House Livery Building). Selectman Gottling thinking of the issue the Board is facing concerning “grilling” and this might be a good spot for picnic tables, but what if another business wants to put picnic tables at their business. Selectman Gottling feels the Board needs to be consistent approach regarding recreational opportunities and where would be appropriate places around Town to place picnic tables. Debbie Samalis feels providing additional seating is what the harbor is all about. Selectman Gottling stated the Town had some problems with benches in the harbor that were not welcome by everyone. Chairman Gallup wanted to clarify that the Beautification Committee’s original charge was to work on the harbor.  They have completed their mission and there is no grand scheme for improvements to the Riverwalk or Hames Park. Chairman Gallup does share some of the concerns that Selectman Gottling regarding having a plan. Chairman Gallup thinks the Board should look the area over, if picnic tables are put there it’s going to encourage people to go to the backside of the guardrail and Chairman Gallup has safety concerns about the edge of the river channel. Chairman Gallup went on to say that another consideration would be the parking; Debbie Samalis’s restaurant had parking spaces there, but the picnic tables might generate more traffic for parking by people bringing their own picnic lunch. Debbie Samalis spoke with someone on the Planning Board and approached Donna Nashawaty and according to Debbie Samalis Donna Nashawaty said it probably wouldn’t happen that people would be falling in the river. Debbie Samalis asked who she could speak to regarding this issue and said Donna Nashawaty told her to talk to the Recreation Director. Debbie Samalis spoke with Scott Blewitt, who told her he has no decision on this issue, but thought it was a great idea, according to Debbie Samalis. Debbie Samalis went on to say she spoke with someone from the Planning Board who said it had nothing to do with them, so she feels there is some confusion, as usual, as to whom she can talk to regarding this issue. Debbie Samalis feels it’s unfortunate for her; she loves Sunapee, but feels it’s very limited to change and doesn’t understand why it needs this big debate when all she’s trying to do is donate some picnic tables. Debbie Samalis feels the Board should welcome the people instead of pushing them away. Chairman Gallup said that Debbie Samalis has to understand the Board’s position sitting on the other side of the table; what seems like a great idea to you and it’s not a bad idea, the Board has to look at the big picture. Debbie Samalis said she runs this by the customers every day and they think it’s a great idea, but they’re sitting on that side of the table stated Chairman Gallup. The Board has to worry about someone falling in the river, but no one has fallen in as of one hundred years according to Debbie Samalis. That’s right said Chairman Gallup, but there has not been an enticement to bring people in that area. Chairman Gallup recognized a guy in the audience who said he was from Vermont and moved to Sunapee two and a half years ago, who talked about the “knoll walk” (fairy event) on the Riverwalk and how he would not let his daughter build a knoll house on the river’s edge without an adult present, what about that liability if a child fell in the river. The guy, who still did not identify himself, said he wanted to donate the tables and would also donate a stone wall on both sides of the grassy knoll. The guy can’t understand the knit picking over a few picnic tables and now he feels he can say something because he does live in town and pays taxes. The guy stressed he was donating the picnic tables and Selectman Gottling stated that was not the point. The point was the tables would be on public land and the decision would not be made on a night like this. Debbie Samalis asked when the decision would be made and what else does she need to do? How many meetings does she need to go too? Probably more than this one was Selectman Gottling response. Selectman Gottling said that the Board is developing a policy on “grilling” in different locations and if “grilling” is allowed then tables will also have to be placed in different locations. Selectman Gottling went on to say that it has been discussed at a previous meeting and will be discussed again at an upcoming meeting; it’s not something that will be discussed one time, the group will come with a policy and it will be hashed over. So it will probably be in the fall before it’s decided asked Debbie Samalis? Selectman Roach wondered how the families that made the donations to Hames Park fit in with this decision and since when has the Board allowed private enterprise to set-up business on public property? It’s not business was Debbie Samalis’s response. Selectman Roach said it was his understanding that Debbie Samalis would tell her customers that there were picnic tables across the road and they could take their food to eat. Debbie Samalis replied there would be no service, no waitress staff or drinks served there and that it’s ok to leave her restaurant and go to the harbor and sit; she just giving the people another place to go to eat. Debbie Samalis said she was just expanding the harbor, which is a “close-minded” group of people that are owned by the Riverway and dictate everybody, just forget the picnic table idea stated Debbie Samalis. Just a complaint about Barbara; now I’m bullied when I go to the Town office and known as the girl with an attitude and this is actually why! Debbie Samalis walked out of the meeting. The Board continued to discuss the request after Debbis Samalis left the meeting. Selectman Brown doesn’t feel there’s a problem regarding the safety concerns; there’s a lot of open River without fencing and with parental supervision there’s no problem with that river bank in that area. Chairman Gallup stated that maybe he’s not understanding exactly where the picnic tables will be located because up in the area of the parking lot and grassy area there’s quite a bit more elevation between the river’s edge and the water. Chairman Gallup feels bad that every time Debbie Samalis comes in there are things she comes up against, but the Board needs to look at the whole picture. Selectman Gottling doesn’t know if it’s Recreation or the Planning that needs to come up with a   comprehensive cohesive sensible plan for where we need such things as picnic tables. Selectman Gottling would like to have more in place, but is very uncomfortable just plucking one down.

Donna Nashawaty said it is very interesting that the town properties in both the harbor and areas in the vicinity of a restaurant have provided the land to put their tables on; Flanders Stage and the Quack Shack. Instead of developing buildings they tents and tables underneath so they could accommodate outdoor seating and that did get counted in their site plan reviews. Selectman Brown wanted it clarified that that section of grass was not part of Hames Park, Donna Nashawaty said it was all public land owned by the Town of Sunapee. Selectman Brown asked if Hames Park has restrictions, Donna Nashawaty replied no. Selectman Roach still doesn’t know where the people who donated Hames Park fit in this picture. But what does fit in the picture is the Beautification Committee or gardeners in town and the wonderful work they have done to the harbor and Hames Park, maybe they should be consulted. Selectman Brown does not see this as part of the gardens they maintain. Selectman Gottling concerned that the Board has not been to look at the area and she doesn’t have a clue as to how it would look. Selectman Gottling does not know what the Board was supposed to do tonight, whether the Board was supposed to say yes, say the Board would look at it, what the Board was being asked to agree too.  





Public Comments
Chief David Cahill thanked the Board of Selectman, Town Manager, Community and Police Department for their support during his term as President of the NH Chiefs Association. Chief Cahill stated that Sergeant Cobb had an opportunity to show his leadership and as far as Chief Cahill is concerned gets an “A”.

Selectmen Action
•Selectman Gottling would like to correct the May 23rd meeting minutes, correcting Attorney Michael Feeney last name.
•Motion to allow Chairman Gallup to sign the use of facilities application submitted by Lake Sunapee Cruising Fleet to use the Safety Services Building on June 11th by Selectman Brown seconded by Selectman Gottling. All in Favor.
•Motion to allow Chairman Gallup to sign the use of facilities application submitted by Tattered Pages for Fairy House Event in Riverwalk Area on July 16th by Selectman Gottling, seconded by Selectman Brown.  3 in Favor 1 Abstained.
•Motion to allow Chairman Gallup to sign the use of facilities application submitted by Annual Summer Reading Program Beach Bash at Dewey Beach on July 27th by Selectman Brown, seconded by Selectman Gottling. All in Favor.
•Motion to allow Chairman Gallup to sign the use of facilities application submitted by Abbott Library Trustees for use of the Safety Services Building on August 8th by Selectman Brown, seconded by Selectman Gottling. All in Favor.

Chairman Report
•Selectman Roach asked where the Recreation Department stands with getting the guidelines for grilling to the Board. Donna Nashawaty stated the Recreation Committee has not had their monthly meeting.
•Representative Bowers reported that the pole tax was not taken off the table because there was a majority against it, doesn’t see anything happening with it next year. Selectman Roach asked if the County Finance Committee finalized the budget. Representative Bowers stated that they finalized their recommendations to the delegation, which probably will approve it; bottom line is a tax increase of four percent for the County.    

Town Manager Report
Donna Nashawaty reminded the Board that the Summer Town Meeting will be on Tuesday, August 2nd. The regular Board of Selectmen’s meeting is scheduled for Monday, August 1st, would the Board like to cancel the Monday, August 1st meeting and sign its documents at the meeting of August 2nd. Also the meeting on Monday, October 10th is Columbus Day, would the Board like to reschedule the meeting to Tuesday, October 11th. The Board agreed to reschedule both meetings.
•Donna Nashawaty updated the Board on building a bridge, including a summary of costs and photos of the bridge located in Jackson, NH at the Wentworth Golf Course. The web site for the company who would build the bridge is www.westernwoodstructures.com.    
•Donna Nashawaty sent a letter to the insurance company that was holding the $100,000 bond for Nature’s Way in order to call the bond to make sure the road was completed. The insurance company replied that they want an itemized list of things that will need to be done to complete in the amount of $65,000.  

Meeting adjourned at 8:53PM
 
Submitted by,
Barbara Vaughn
Administrative Assistant                                

Approved:_____________          

____________________                            ______________________
Frederick Gallup, Chairman                      Charlotte Brown

_________________________               _______________________         
William Roach, Vice-Chairman                    Suzanne H. Gottling

_________________________       
Emma M. Smith