SUNAPEE BOARD OF SELECTMEN
Meeting 6:30PM at the Town Meeting Room
Monday, September 26, 2011
Present: Frederick Gallup 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
Motion to sign CZC’s: Map 123 Lot 21, Route 11, Town of Sunapee. Map 129 Lot 36, Sargent Road, Town of Sunapee. Map 218 Lot 28, 218 North Road, Paul & Brenda Gallup by Selectman Brown, seconded by Selectman Gottling. Motion to sign the Sign Permit: Map 129 Lot 11, 70 Lower Main, Sunapee School District by Selectman Brown, seconded by Selectman Gottling. Motion to sign the Land Disturbance Bond: Map 107 Lot 37, 1072 Lake Ave. GM, H. Lincoln Jepson by Selectman Brown, seconded by Selectman Gottling.
Selectman Brown wanted to make a comment on the minutes of September 12th regarding the fireworks and the Officer who responded. Selectman Brown wondered who the Officer was and why he didn’t understand that the town has a noise ordinance. Chairman Gallup stated he thinks the Officer did know the town had a noise ordinance, but Chief Cahill will be in to explain the procedure that is followed. Donna Nashawaty stated that the minutes reflect the actual discussion that night and there was no one from the Police Department to answer questions that came up.
Public Comments
•June Fichter, Executive Director of Lake Sunapee Protective Association said that they also received a complaint from Sunapee residents regarding fireworks. June Fichter went over the four issues associated with fireworks; trash, air pollution, chemicals in the water and noise. Chairman Gallup stated it was at the last Board of Selectmen’s meeting, that a semi-formal complaint was made in regards to fireworks. There was some discussion; Chairman Gallup has had an issue in his neighborhood, which is off the lake and at that point the Board decided that the issue needed to be addressed. Chairman Gallup went on to say that Chief Cahill is in attendance to help and the Board has firework ordinances from other towns to review. Chairman Gallup said, not speaking for the Board, which he hopes the Board will be able
to work on this over the course of the fall and winter in case if something needs to be on the ballot for town meeting or maybe it will simply be a town ordinance. Chairman Gallup feels the frequency of the fireworks should drop off since most of the seasonal people have left for the year. Chairman Gallup went on to say that right now the Board will get information from Chief Cahill and begin to educate them on what they can or can’t do and work towards having some kind of controls in place.
There will definitely be public hearings when the Board begins to develop what needs to be done. At that point, the Board will look for public comments.
•Larry Johnson wanted to clarify the minutes; the Officer was the one that spoke to Mr. Johnson and he told Mr. Johnson he was aware of the ordinance, but he chose not to cite them for a fine. Mr. Johnson asked why, the Officer responded he just chose not to cite them.
•Christine Messenger, Central Street said there has been a lot of discussion regarding Halloween and the residents of Central Street would like some clarification from the Board as to the future plans for the Harbor Halloween festivities. Chairman Gallup said the Board received a use of facilities request from Project Sunapee for the Haunted Harbor Halloween event on October 29th, but as far as the Board is concerned the rest of Halloween will occur on October 31st. Kate McCloy, Central Street stated that from talking to the parents at school; the parents didn’t want to take their kids out both nights
(15 MIns)
Selectmen Action
• Motion to allow Chairman Gallup to sign the use of facilities form for the SMHS Annual Spirit Week Bonfire at Bandstand in Harbor on October 7th by Selectman Brown seconded by Selectman Brown. All in Favor. Donna Gazelle requested that the Fire Department h
• Motion to allow Chairman Gallup to sign the use of facilities form for the Haunted Harbor Halloween on October 29th from Project Sunapee by Selectman Smith seconded by Selectman Gottling. All in Favor.
•At the request of Selectman Roach, who could not make tonight’s meeting; the discussion of results of Building Permit Approvals will be tabled until the next meeting on October 11th. Donna Nashawaty passed out a corrected list of results from surrounding towns on Building Permit approvals and a summary report of approved building permits
•Chairman Gallup opened the fireworks discussion by reiterating that this is not a public hearing and basically the Board is trying to gather information as to what other towns are doing, what is enforceable and what is necessary to properly log a complaint to the police department. Chairman Gallup read the noise ordinance that the town currently has;
On the Town, Warrant March 10, 198, Article 35. To see if the Town will vote to adopt the following ordinance and pass any vote relating thereto: To control unreasonable noise. The Town of Sunapee ordains:
Section 1. It shall be unlawful to make unreasonable noise in a private or public place which can be heard in a private or public place, anywhere in the Town of Sunapee, when it is to the annoyance or inconvenience of others, and a person shall be in violation of this ordinance if (s)he refuses with a lawful order of a police officer to stop said unreasonable noise. Violators shall be summoned to court and if found guilty shall be fined not less than $25.00 and not more than $50.00.
Section 2. This ordinance shall take effect upon its passage.
Chief Cahill stated that this ordinance mirrors the state disorderly conduct law. Chief Cahill read the law which states a person is guilty of disorderly conduct when they purposely causes a breach of the peace, public inconvenience, annoyance or alarm, or recklessly creates a risk thereof, by:(a) Making loud or unreasonable noises in a public place, or making loud or unreasonable noises in a private place which can be heard in a public place or other private places, which noises would disturb a person of average sensibilities. Chief Cahill stated that the Police Department cannot be the witness of an event to take someone to court, there must be a complainant and you need someone’s name and a particular person to charge them and take them to court. Chief Cahill would suggest that when the town looks
at writing the town noise ordinance that the ordinance would allow police to charge the owner of the property. Chairman Gallup asked if someone would still have to sign the complaint, Chief Cahill replied that they would. Donna Nashawaty stated that some of the towns address the issue with a permit process. Chairman Gallup said that the fireworks that the town is dealing with must not be the class c because you would have to have a permit to purchase? Chief Cahill doesn’t think you have to have a permit to purchase them, just to discharge them. Chairman Gallup asked if the town had an ordinance that required a permit for any type of firework that launched in the air, at that point would the town still have to have a complainant. Chief Cahill said he would stay away specifics and just go with a noise ordinance. After much discussion and a few comments from residents, including the comment from Larry Johnson, who feels the Board is missing the point; Mrs. Johnson kept track and
fireworks were shoot off fifty-two times between May 1st and September 15th. Chief Cahill asked how many times the police department was called; Mr. Johnson said he did not call the station. Chief Cahill stated that in fairness to the police department, if they don’t know its happening and then we get bombarded at a meeting and it seems ridiculous to hear it happened fifty-two times and the police have done nothing and the police have only received one phone call. Unfortunately, I feel I’m already behind the eight ball in trying to help on what the point or problem is. If the police had known all along it could have been something that could have been worked on. Chief Cahill went on to say that he was caught off-guard because he had no idea it was fifty-two times. Chief Cahill urged the residents to call his department so the complaints would be logged in. After more discussion, the Board will research and review other town ordinances on fireworks
Manager Report
•Donna Nashawaty would like the Board to put aside some time on the week of October 17th for a meeting on the ambulance study.
•Donna Nashawaty reported that the town was contacted by the EPA. The EPA is doing a clean-up on the Smith property located at Route 103 and Route 11.
•Also, LSPA sponsored a clean-up day in the harbor on September 17th with the Dive team from New London. During the clean-up some old broken barrels were found, which were probably used to float the docks. The EPA is coming up and using an underwater camera to check it out.
Meeting Adjourned at 8:16PM
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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