SUNAPEE BOARD OF SELECTMEN
Meeting 7:00PM at the Town Meeting Room
Monday, August 15, 2011
Present: Frederick Gallup Chairman, William Roach Vice Chairman, Charlotte Brown, Suzanne Gottling, Donna Nashawaty, Town Manager
Absence: Emma Smith
Also Present: see attached sign-up sheet.
Chairman Gallup opened the meeting at 7:00PM
Scott Blewitt-Recreation Director
Scott Blewitt requested permission to take money from the special recreation fund to reimburse the general fund in the amount of $28,753.07. Motion to transfer $28,753.07 from the special recreation fund to reimburse the general fund by Selectman Brown, seconded by Selectman Roach. All in Favor. Donna Nashawaty summarized what the special recreation fund was designed to do; any fees for the programs go into the special recreation fund, with the Board of Selectmen the agents to expend when it comes to paying the bills.
Public Comments
•Donna Gazelle wanted to report that Riverfest was a huge success. On behalf of Project Sunapee Donna Gazelle wanted to thank the Board for making exceptions and allowing the event to take place. Donna Gazelle also thanked the Town Manager for her counsel early on.
•Chairman Gallup wanted to make a public comment, not as Chairman of the Board of Selectmen, but as a Sunapee citizen regarding the new library and looking over the plans, Fred Gallup thinks it looks really good, but one thing that bothers him is that it doesn’t have a cellar and walkout. Fred Gallup hopes the Trustees might consider doing this, since in his opinion it’s the cheapest way to expand if the library needs to expand in the future. Peter Urbach, Library Trustee replied that the Trustees are working very hard to keep the initial costs down. Fred Gallup said that he would be acceptable to a higher up front cost if the library would decide to add a cellar and walkout to the initial plan.
Selectmen Action
Donna Nashawaty went over the signing document procedure with the Board. The actual action of approval must take place in a Board of Selectmen duly noticed quorum present Donna Nashawaty went on to say that reviewing them outside the meeting was fine and what Donna Nashawaty suggested in order to comply with the rule, that during the meeting the items for signature or review are moved to the section of the agenda Selectmen’s action and the Chairman reads thru the paragraph and if anyone objects to any of the documents, then at that point, during the discussion they would be pulled out, then make a motion to approve.
The minutes from tonight’s meeting should reflect that there was a motion that lists all of the items for signature or review. After some discussion it was decided to start the meeting at 6:30pm to review, sign and vote on the items for signature or review.
Summary motion that the Board of Selectmen starts their meeting at 6:30PM and that the agenda is changed so that Items for signature or review; which will include the zoning permits, driveway permit, land disturbance bond, demo permits and abatements, is number one on the agenda and an official vote on Board’s approval by Selectman Gottling, seconded by Selectman Brown. All in Favor.
Selectman Brown reviewed what was discussed; that the Board has discussed the documents for signature or review from 6:30pm until 6:55pm, a motion is made to sign the documents, if there are twenty documents, Donna Nashawaty interjected that the Board can sign the documents as they go along, the signature and the motion, as long as they’re done in the meeting are not the issue. Selectman Brown asked if you could sign the documents before you made the motion, Donna Nashawaty replied that you could as long as you’re in the meeting. Donna Nashawaty went on to say that if three of the Board members signed it, then it would be a majority, one member didn’t want to sign it and it came time for the motion and during the discussion of the motion you would ask for it to be amended to not include Smith’s
document, someone would have to second the motion and then you would vote on all of the documents and the other one would then be able to be discussed and if at that point, even though the documents have been signed and you decided not to sign them, you would make a motion to not approve the Smith document and then a majority has to agree, if a majority approves the Smith document it’s a go. Chairman Gallup stated that he thinks the important part would be that the folder that contains the documents be the first thing the Board passes around. The folder would start it Selectman Gottling’s end of the table and went it got to the Chairman he would if there were any documents the Board wished to be pulled out. Then the motion could be presented and discussed. Donna Nashawaty stated that the essence of what needs to happen is that if a permit is not going to be approved by the majority of the Board, then it doesn’t leave this meeting and anything that was signed can
be unsigned by making a motion to not approve it. Selectman Brown stated that the signature is already on the document, Donna Nashawaty stated that is doesn’t matter a motion has been made to the record. That’s the whole purpose of having this done in the meeting. You’re in the meeting, making the business happen. Donna Nashawaty will send an email to Selectman Smith so she knows to come at 6:30pm. Donna Nashawaty also reminded the Board that they must have a quorum before they can start. Chairman Gallup will now read the items for signature for a motion;
ITEMS FOR SIGNATURE OR REVIEW:CZC’s: Map 134 Lot 27, 279 Lake Ave. Michael & Nancy Loucks. Map 235 Lot 60, 68 Middlebrook Rd. Adrian Meehan. Map 126 Lot 20, 122 Garnet Hill Rd., Lisa & Mark Bruni. Map 121 Lot 37, 118 Fernwood PT. Dane Family Trust Map 128 Lot 68, 109 Lake Ave. Philip Henneman. Driveway: Map 138 Lot 31, 64 Stagecoach Rd. Peter & Terri White. Land Disturbance: Map 126 Lot 20, 122 Garnet Hill Rd., Lisa & Mark Bruni. Map 121 Lot 37, 118 Fernwood PT. Dane Family Trust. Demo Permit: Map 121 Lot 37, 118 Fernwood PT. Dane Family Trust
by Selectman Gottling, seconded by Selectman Roach.
Selectman Gottling would like to separate the Henneman document and have the Town Manager speak to Roger Landry, Zoning Administrator if this permit requires a shoreland permit. Selectman Gottling offered an amendment to conditionally approve the Henneman building permit, seconded by Selectman Brown. 3 in Favor 1 Opposed. Motion carries. Chairman Gallup asked for a vote on the motion as amended, approving all and conditionally approving Henneman raise your hand; 2 in Favor 1 Opposed 1 Abstention. Motion Passes. Donna Nashawaty wanted to make sure the documents had three Board signatures on them so they could be processed. Selectman Roach asked what will happen because he signed some of the documents, but voted in opposition. Donna Nashawaty said the documents were passed by the Board so regardless of how you voted
on any of them. Your signature was appropriate. Selectman Roach said he hated to have his signature on something he didn’t vote for. Donna Nashawaty said that if the Board approves something as a “whole” even if people abstain, it’s still a Board action. Donna Nashawaty went on to say that maybe as the Board of Selectmen you asking that the documents only have one signature that approves or denies by the Board of Selectmen. Selectman Roach doesn’t think his signature should be on as approving the document. Selectman Gottling asked if Selectman Roach disapproved of all the documents and Selectman Roach replied that he had to because the documents were combined. Selectman Gottling said the Board should have two separate motions to approve all documents, except Henneman who would be conditionally approved. Chairman Gallup said that might be the way to do it. Chairman Gallup said the amendment to the motion would be to remove the Henneman document and vote
on it separately. Donna Nashawaty said the problem is that if the removed one gets two in favor, one opposed and an abstention and only gets two signatures it does not have the signatures of the majority of the Board. Chairman Gallup asked if there was an entity the Board could go to, maybe the Town Attorney or to the Municipal Association to give the Board some procedure on how to do this. Donna Nashawaty will talk to the Town Attorney. Chairman Gallup said the Board will plan on meeting at 6:30pm and the first item will be a reword of what the Board has done tonight. Donna Nashawaty thinks the Board should make a new motion to approve all the documents except Henneman. Chairman Gallup said a motion that basically eliminates what the Board just did. Motion that the Board approves all the documents under items for signature or review, except Henneman by Selectman Gottling. Chairman Gallup asked for someone to second the motion. Selectman Brown feels awkward because she did not have
a chance to review the documents. Chairman Gallup stated to Selectman Roach that it allows a vote against Henneman and in the affirmative for the rest, Selectman Roach stated it does not; Donna Nashawaty said it will process the ones you want processed. Selectman Roach said that his first vote to allow Henneman’s to go thru, but now you’re asking for Selectman Roach to say no to him. Chairman Gallup responded no, that the motion that was made is allowing approving all the rest of the documents except for Henneman and the next motion that you will be able to vote against, would be on the Henneman one with conditions. According to Donna Nashawaty, this one actually leaves Henneman out of the motion. Selectman Brown stated if the Board made the motion right now to accept as were read by Chairman Gallup and the motion was seconded, and then we make believe it’s 6:30pm, and we spend the next half hour going thru them, that allows me to now become a voter, with
information, it might take less time than doing what we’re doing.
The Board took a break to allow Selectman Brown to review the documents. After more discussion, Selectman Roach said that one way to solve the process would be to start from scratch, read the items for signature and leave out Henneman as you’re reading, vote on the rest, then vote strictly on Henneman.
Motion to rescinded the two previous motions, the amendment and the main motion in regards to the certificate of zoning complainces, driveway, land disturbance and demo permits by Chairman Gallup, seconded by Selectman Gottling. All in Favor. Motion to accept all the items for signature and review, excluding Henneman by Selectman Gottling, seconded by Selectman Brown. All in Favor. Motion to conditionally approve the Henneman building permit until the Town Manager gets an answer from Roger Landry regarding if a shoreline permit is required and accept the Town Manager’s confirmation that it’s not needed by Selectman Gottling, seconded by Selectman Brown. As far as Selectman Roach is concerned it’s been thru the proper process, proper committee, people who are elected officials and sure they’re doing the job they should be and it has met their approval and Selectman Roach cannot vote for just conditional approval, it would have to be full approval.
Chairman Gallup’s comment, in lieu of attempting to accommodate this gentleman, feels conditional approval is better than a non-approval, if we vote for this, upon an acceptable explanation to the Town Manager; the gentleman will get his permit tomorrow. Selectman Gottling wanted to clarify that the Board would sign it tonight and then the Town Manager would hold it back if there was some question. Donna Nashawaty stated that it would be entrusted to the Town Manager, who would not release it without a full explanation. 3 in Favor, 1 Opposed.
•Selectman Brown will like to make some corrections to the August 2nd meeting minutes; the heading Monday should be changed to Tuesday. On the last page, the paragraph before the Town Manager Report; the town is trying to make sure the ultimate owner of Sunapee Center gives the town the back indemnity, so if anything happens over the driveway, which is not a town road, becomes to each. Should read; The town is trying to make sure the ultimate owner of Sunapee Center gives the town indemnity, so if anything happens over the driveway, which is not a town road, liability is clear.
•Donna Nashawaty handed out a resignation letter from William Sharff who is one of the elected Trustees of the Trust Fund board members and also an appointed Tri-Town Assessing citizen board member. William Sharff is resigning from both, he is moving out of town. According to Donna Nashawaty the Trustee of the Trust Fund, by statue, is filled by the Board of Selectmen until the next election and the rest of the term would be filled by election process. In Addition, two recreation members, Leon Davey and Betsy Katz have resigned. Chairman Gallup asked if it would be appropriate to run an ad in the newspaper with all the committee vacancies.
•Selectman Roach wondered if anyone on the Board had listened to the program on WNTK (Jeanine Wines) that had Dr. John Singer as a guest. Selectman Roach had a hard time understanding his comments.
Chairman Report
Selectman Roach attended the Abbott Library Forum held at the Safety Services Building, which he thought was an excellent presentation. Since the meeting,
Selectman Roach has been contacted by two people who were very upset with the idea that the Town of Sunapee is going to maintain the driveway and parking lot in front of the Sunapee Center. The comment was why the Town is maintaining a parking lot for a private business. Donna Nashawaty said that it was not part of the discussion of the library purchase and sales agreement. The Town does not want to maintain the parking lot. Peter Urbach said the two sets of attorneys have gotten involved (the bank and Town’s attorneys) and the latest communication from the Town Attorney today seems to suggest that it’s being resolved and the resolution would preserve the notion that the Town does not have the responsibly of the plowing of the parking lot. Selectman Roach feels it might be a deal-buster if the Town had to
maintain the parking lot. Selectman Roach said that at the library meeting it was mentioned that the Town would receive a right of way thru that area in trade for the Town maintaining the parking lot. Peter Urbach stated that the Town would only maintain the driveway. After some discussion, Chairman Gallup said it would be up to the two entities to work out how to take care the snow.
Town Manager Report
•Donna Nashawaty asked if Friday, November 4th would work for the budget session, the Board said it would work.
•Donna Nashawaty reminded the Board of the Employee Summer Picnic on Wednesday, September 14th at noon.
•Donna Nashawaty presented the MS5 (the document that comes out of the audit) to Board for their signatures. The audit will be delivered to Donna Nashawaty and handed out to the Board at the Monday, August 29th meeting. Motion to sign and send in the MS5 as presented by the auditors by Selectman Gottling, seconded by Selectman Roach. All in Favor.
•Congressman Bass and Senator Odell were here Wednesday, August 10th in the Town Meeting Room from 9:00am-10:00am. Donna Nashawaty and Selectman Roach were in attendance.
Meeting adjourned at 8:54PM
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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