SUNAPEE BOARD OF SELECTMEN
Meeting 6:30PM at the Town Meeting Room
Monday, August 29, 2011
Present: Frederick Gallup Chairman, William Roach Vice Chairman, Charlotte Brown, Suzanne Gottling, Emma Smith and Donna Nashawaty, Town Manager
Also Present: see attached sign-up sheet.
Chairman Gallup opened the meeting at 6:30PM
Review of Items for Signature
Map 235 Lot 87, 530 Edgemont Road, Frank Krajcik. Map 238 Lot 7, 203 Timothy Road, Randy & Laura Henault. Map 225 Lot 3, 206 Route 11, Matthew Driscoll. Map 136 Lot 61, 40 Birch Point Road, Jeff & Marie Baker. Map 109 Lot 2, 7 Westwood Road, John & Doreen Brandolini. Land Disturbance: Map 109 Lot 2, 7 Westwood Road, John & Doreen Brandolini Map 136 Lot 61, 40 Birch Point Road, Jeff & Marie Baker. Intent to Cut: Map 210 Lot 61 & Map 211 Lot 6, Route 11, Robert & Lynne Bell
Motion to approve all the zoning certificates of compliance, except for Jeff & Marie Baker, the Intent to Cut and the land disturbance application, except for Jeff & Marie Baker by Selectman Gottling, seconded by Selectman Brown. 4 in Favor 1 Abstention.
Selectman Roach asked what the question was on 40 Birch Point Road. Chairman Gallup responded that the land disturbance is missing Roger Landry’s signature and the zoning certificate of compliance does not have the Zoning Board Chairman’s signature. Donna Nashawaty read the minutes of the June 9th Zoning Board meeting; Motion made by Charles Balyeat to approve Case 11-07, Map 136 Lot 61 for a variance to grant a reduction in a side setback of 10’ to 7’6” to accommodate construction of a new 14’ x 18’ storage building at 40 Birch Point Road to Jeff and Marie Baker as per plans. Seconded by Edward Frothingham. Motion accepted unanimously.
Motion to conditionally approve the land disturbance application submitted by Jeff and Marie Baker 40 Birch Point Road conditionally on Roger Landry’s signature by Selectman Gottling, seconded by Selectman Brown. All in Favor. Motion accepted unanimously
Selectman Gottling would like to hear from the Town Manager; if it is sufficient to have it in the minutes and if the Chairman of the Zoning Board was there at that meeting, whether that substitutes for his signature. Donna Nashawaty doesn’t know how a notice of decision got by the Chairman of the Zoning Board. Usually, all the decisions are signed the next day by the Chairman, who was authorized to sign them at the meeting. The fact that the minutes reflect it is great, but if you would like to make the sure conditional approval, I will have Roger check with the Zoning Chairman and have him come in to sign. Selectman Roach asked which land disturbance is in this motion. Chairman Gallup replied that it was the one on 40 Birch Point Road. Selectman Gottling added that it was the one that Roger Landry has to sign it
because there is nothing in any minutes about it.
Motion to conditionally approve the zoning certificate of compliance for Jeff & Marie Baker at 40 Birch Point Road until the Chairman of the Zoning Board comes in to sign it by Selectman Gottling, seconded by Selectman Brown. All in Favor.
Motion to accept the minutes of August 16th by Selectman Brown, seconded by Selectman Gottling. 4 in Favor. 1 Abstention.
Selectman Gottling wanted to correct the following; the folder would start it Selectman Gottling’s end of the table. Change to the folder would start at Selectman Gottling’s end of the table. The correction under selectmen’s action; the actual action of approval must take place in a Board of Selectmen duly noticed quorum present, change to duly noticed meeting, quorum present.
Fentons-Discuss Renewal of Mt. Kearsarge Agreement
Donna Nashawaty stated that this meeting was requested by the Board of Selectmen after the current three year contract expired to go over any concerns the Board or the Fentons might have. The contract is from November 1st to the November 1st for three years.
Board concerns- wanted a light on the pylon and how far it would be from the dock.
The Fentons had the following concerns:
1) There was a problem on the Mt. Kearsarge with the wiring connection between the dock and the boat. The electrician needed to get into the breaker box, dispatch was called and an officer came with a key. The Fentons would like key to area where breakers are located. Chairman Gallup does see any reason why the Fentons could not have a key to the area. Donna Nashawaty will check with Tony Bergeron.
2) When the posts on the dock were replaced a pole with a power supply and light was removed. Could the power supply and light be reinstalled? Chairman Gallup does not see a problem replacing the power supply. Donna will check with Tony Bergeron.
3) Article 2 - Section b; would like the notice for non-continuance of lease be changed from six months to one year.
4) Article 3 - Section d; would like it to read that water will be provided from May 1st to November 1st. At one point there was an issue where the water was shut off before the season has ended. Also, in Article 3 – Section a; would like to remove this section regarding the parking survey.
5) Would like to know if the contract for the next three years could be frozen at the current leasing price. Chairman Gallup said the Board will take into consideration and get back to the Fentons. Donna Nashawaty asked if there was a reason that one boat was done for one year and the other boat for three years. Donna Nashawaty will go back and look at how the warrant article was written.
6) Article 4 - Could the payment schedule be changed from three payments due in May, August and October to two payments due in July and October or August and October, when the cash flow is better. Donna Nashawaty asked if it would be better to have three payments due in July, August and October.
7) Article 6 - Could the letter of credit in the amount of $10,000 be eliminated from the contract.
8) Article 7 – The Fentons are confused regarding no alcohol shall be served or allowed on the dock or on the premises. Donna Nashawaty said the premises are considered to be the mooring space. Peter Fenton said that the boat’s liquor license only allows alcohol to be served on the boat. The reason why the Fentons would like clarification is that passengers start boarding at 6:00pm for the 6:30pm cruise, so if the boat is full, it makes it difficult to give the passengers quick prompt drink service. Donna Nashawaty asked if it was part of the site plan review that alcohol not is served at dockside. Peter Fenton asked if that meant the boat could not be tied up to the dock to serve alcohol and Donna Nashawaty replied that was correct. Chairman Gallup asked Donna Nashawaty to check with the Planning
Board to see if this clause was part of the site plan review
9) Mary Beth Fenton would like to check with the boat’s insurance company regarding the insurance the boat is required to carry for the town because of the cost.
Public Comments
•Stephen White had some comments relating to the Harbor House Livery; Mr. White feels the town stores quite a lot of “stuff” items in the Harbor House Livery building that might cause a hazard if the committee wants to show to the general public and asks that Board take care of the problem. Also, the committee cannot get any concepts in mind until they can get public access to the building, so Mr. White would like to ask the Board to consider advising the committee that they do have access under the town’s insurance policy, so they can show what the building looks like to interested members of the public. Mr. White also wanted to know if the Board has come to some conclusion regarding the purchase of the land between the Harbor House Livery and the Deli. Chairman Gallup stated that the Board has
not ruled anything out, but at this time, as far as that piece of property is concerned, it is not a top priority. It is a priority in regards to the development of the building, but holding back to see if something sparks with the Livery itself. The Board has not gotten any indication there is a tremendous amount of interest from other parties in the property, the Riverway expressed that they would like to see the town own the property, so Chairman Gallup thinks the Riverway is interested in keeping the property available to the town as long as the Riverway can. In Chairman Gallup opinion, Chairman Gallup feels the property will be available when the time comes for the town to make a decision. Chairman Gallup thanked Mr. White for his comments.
•Spec Bowers has two questions. Is there any relation to HE Bergeron Engineering and Tony Bergeron, the Town Road Agent? Chairman Gallup said there is no relation between the two. Spec Bowers second question was has the Town recovered from the hurricane? Chairman Gallup said he was saving that for the Town Manager to give the board an update on where the Town stands.
•Selectman Roach wanted to make a comment regarding the storm on Sunday. Selectman Roach listened to the police scanner on and as the day progressed Selectman Roach stated “he couldn’t be more proud of the Sunapee public employees”, which were the Fire Department, who called all their personnel in on Sunday morning, the Highway Department and Water and Sewer Department.
Selectman Roach said the town should be proud of the caliber of employees that they have, who go above and beyond the call of duty.
•Merry Armentrout, reporter for the Intertown Record stated that there was a garage fire in her New London neighborhood and the New London Fire Department along with the Sunapee Fire Department contained the fire to only the unattached garage and had the fire out in twenty minutes. Merry Armentrout wanted to thank the Sunapee Fire Department.
Project Sunapee $6,500 Donation
Donna Gazelle, on behalf of Project Sunapee presented the town with a donation in the amount of $6,500 to commission HEB Engineering to do the final engineering design for the bridge. Chairman Gallup asked if the Board had to hold a public hearing to accept the check. Donna Nashawaty stated that the dollar amount needs to appear on the agenda and with a motion from the Board you can add a line item to the operating budget of the town and accept the donation. Selectman Gottling asked; where the money would go? Donna Nashawaty replied the money would go into the highway operating budget, which would then contract HEB Engineering to do the bridge design. Chairman Gallup wanted it noticed in the minutes, that if a public hearing needs to be held regarding accepting this donation that this motion will be overridden. This is
only if a public hearing is needed to accept this donation.
Motion to accept the $6,500 donation from Project Sunapee to go into the Highway Operating budget to hire HEB Engineering for the covered bridge design by Selectman Roach, seconded by Selectman Smith. All in Favor Motion accepted unanimously
Selectmen Action
•Motion to appoint Robert Mastin to the Tri-Town Assessing Board by Selectman Roach, seconded by Selectman Brown. All in Favor. Motion accepted unanimously
•Motion to allow Chairman Gallup to sign the use of facilities form submitted by Upper Valley Humane Society for use of the side grass at the information booth to park sailboat that will be auctioned on September 10th by Selectman Gottling, seconded by Selectman Brown. All in Favor. Motion accepted unanimously
•Motion to accept and sign the library purchase & sales agreement by Selectman Brown, seconded by Selectman Gottling. All in Favor. Motion accepted unanimously.
Selectman Roach has a few questions on the purchase and sales agreement:
1) This Agreement is subject to the Town of Sunapee voters’ approval in March 2012, of a loan and/or bond in the maximum amount of $1,000,000 to assist in the funding of the $2,500,000 library project cost; the amount put out by the library suggested it was $2,700,000.
2) Subject to the Town of Sunapee Water & Sewer Commission obtaining ownership of the water and sewer mains which are currently installed in proximity to the existing driveway from Sargent Road through Phase I and supplying Phases II and III, and also thereby assuming the obligation for their maintenance, care and improvements, and Seller granting an easement for the purpose of such maintenance, care and improvements. Selectman Roach wonders what it is going to cost to obtain ownership of the water and sewer lines and who pays for it, if there is a cost?
3) Seller agrees to convey to Buyer at the closing a permanent easement over the driveway currently existing on Seller’s property for the purpose of providing access to the premises from Sargent Road, and which easement shall not include the right to parking. Selectman Roach thinks it’s a shame the town has to access its property thru an easement.
Selectman Brown has a question on the very last paragraph of the purchase and sales; NOTICE TO BUYER: PRIOR TO SETTLEMENT, YOU SHOULD EXERCISE WHATEVER DUE DILIGENCE YOU DEEM NECESSARY WITH RESPECT TO THE SUBJECT PARCEL AND ADJACENT PARCELS IN ACCORDANCE WITH THE TERMS AND CONDITIONS AS MAY BE CONTAINED IN PURCHASE AND SALES AGREEMENT AND DEPOSIT RECEIPT. YOU SHOULD EXERCISE WHATEVER DUE DILIGENCE YOU DEEM NECESSARY WITH RESPECT TO INFORMATION ON ANY SEXUAL OFFENDERS REGISTERED UNDER NH RSA CHAPTER 651-B. SUCH INFORMATION MAY BE OBTAINED BY CONTACTING THE LOCAL POLICE DEPARTMENT. Selectman Brown wanted to know the meaning this, does it mean if a sexual offender rented in the complex, why is this paragraph in the agreement? Selectman Brown went on to say that she knows a sexual offender can’t be within so many feet of the library, is that what this is about or is from preventing a sexual offender from renting an apartment in the Sunapee Center Complex? Chairman Gallup asked Peter
Urbach, Vice-Chairman of the Abbott Library Trustees if he would like to address these questions, Peter Urbach replied that he would start with Selectman Roach’s questions; in regards to the library project cost, the correct amount is $2,700,000. The second question regarding the water and sewer mains, there have been discussions with Water and Sewer Supervisor, who has looked at the plans, but Peter Urbach not sure what the Water and Sewer Supervisor conclusion was. As far as costs are concerned Peter Urbach doesn’t think there will be any costs. The last question from Selectman Roach; the decision to go for an easement, rather than a town owned road was the decision taken by the town. As to Selectman Brown’s sexual offenders’ question, Peter Urbach believes it’s just stock language put in the contract to protect the town.
Chairman Report
Chairman Gallup received a letter in regards to what is happening with the Riverway Stock that was donated to the new library. Chairman Gallup will research and send a response.
Town Manager Report
•Donna Nashawaty updated the Board on the planning meeting held by the Emergency Management Committee on Thursday, August 25th at the Safety Services Building. Also, Donna Nashawaty updated the Board on the status of the roads and areas that had power outages.
•Donna Nashawaty checked with the Town Attorney relative to the signatures required; that was the first item out of the discussion on how the documents would be processed. When the Board of Selectmen makes a motion to approve an item, seconds it and duly follows the “all in favor”, even if three members say yes and two members say no, the motion carries. At that point, all the Board of Selectmen has the obligation to support the affirmation of the motion. So even if you voted no and it’s a Board motion and the motion has carried, there’s an obligation of the Board to forward the action of the Board of Selectmen, not individual members. The Chairman can only sign any Board of Selectmen record if the rest of the Board authorizes him too. Donna Nashawaty went on to say that a question
came up regarding the zoning certificate of compliance. The Zoning Ordinance specially has two sections that can give authority to someone. One of the sections, section 8.20 allows the Board to select a Selectmen’s agent for the purpose of both receiving and reviewing zoning certificate of compliance applications. Section 8.10 allows the Board of Selectmen may appoint an Agent to carry out any action in the enforcement of this ordinance as the Selectmen may direct, which the Board has done, the Zoning Administrator writes the violation letters. Section 8.23 allows the Board to appoint someone to sign zoning certificate of compliance applications. When the Zoning Ordinance was written the Board thought about how it would operate, what you would operate and where. Specifically, today the form that says decision sheet is a form the Board made up at town office years ago. The fact that it contains five signature lines or a single signature line or the fact that the Board would
have named the Zoning Administrator to do the approvals and then the Board would only review a report. The whole process and how it is done, is purely the Board’s decision. Donna Nashawaty thinks part of the reason the Board had difficulty reading the minutes from the last meeting was because it was very difficult writing the minutes, when it was supposed to be capturing what was happening during the meeting. It can be very cumbersome passing building permits up and down the table. Donna Nashawaty stated that she needs to be able to assist the Board in doing the business of the town in an expeditious manner as possible. Donna Nashawaty is looking for the Board to tell her what they want to do as a group, not as an individual. Chairman Gallup would like to make the motion to designate Roger Landry, Zoning Administrator as the agent to authorize the zoning certificate of compliance applications and give the Board a summary sheet to review, seconded by Selectman Smith.
Motion tabled for the Town Manager to do some research on what other towns do.
Selectman Gottling asked if that meant the Board of Selectmen would do nothing? Chairman Gallup replied that the Board would review them and if they had a question they could bring it to the Zoning Administrator’s attention, but the Board would only review the summary and the Zoning Administrator would only authorize the buildings permits. So the Board would not approve anything asked Selectman Gottling? Chairman Gallup replied no. Selectman Smith said that if the Board strongly disapproves that the Board could challenge the approval and Chairman Gallup agreed. Donna Nashawaty wanted the Board to know that the Board would still be signing off on abatements, Intent to Cut, land disturbance, etc. Selectman Brown thinks the Board is giving up too much oversight by not seeing the detailed application.
Selectman Brown feels the Board should continue to review and sign off on the building permits because the Board does questions a building permit every now and then. Selectman Roach feels that the head of the department has the final say on these permits. If the Department Head has review the application and signed off on it, Selectman Roach doesn’t feel it’s necessary to have every one of the Board sign off on the permits. Chairman Gallup reminded everyone that at this point the Board is only talking about the building permits. Chairman Gallup knows that he is not up on all the zoning regulations, but feels Roger Landry is. Selectman Gottling would like to know what other towns do in this situation. Chairman Gallup will be willing to table his motion, if it’s alright with Selectman Smith until the next meeting and Donna Nashawaty can find out what other surrounding towns do. Donna Nashawaty asked if the Board would like to see a “sample” summary
report from Roger Landry, the Board agreed they would. Chairman Gallup will table this motion until the next meeting so everyone will have a chance to digest and Donna Nashawaty can do the research.
•Approved for first round EPA funding for Perkins Pond. The meeting is in September 28th at 9:00AM. .
•Perkins Pond Sewer Public Hearing Tuesday, August 30th at 9:00AM in Concord with DES.
•Received State of NH Dept. of Revenue Assessment Monitoring Report
•New Comcast Telephone Service Contract-Savings $10,606 between all town departments and Water & Sewer Department.
•Donna Nashawaty handed out the 2010 Audit to the Board.
Meeting Adjourned at 9:32PM
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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