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Selectmen's Minutes 2010/06/28
7:00 PM Town Office Meeting Room
Monday, June 28, 2010

Present: Fred Gallup Chairman, William Roach Vice Chairman, Emma Smith, Charlotte Brown, Stephen White, Donna Nashawaty, Town Manager

Also Present: Katie Richardson Intertown Record, Scott Blewitt Recreation Director, Tony Bergeron Road Agent, John Wilson, Chief David Cahill, David Montambeault, Aaron Simpson.   

Chairman Gallup opened the meeting at 7:00PM  

Public Hearing on Amending the Dog Fouling Ordinance & Adopting a Leash Law.  
Chairman Gallup read Section VI-Animals of the “draft” ordinance regulating Town properties that the Town Manager and Police Chief submitted to the Board for their review.  Donna Nashawaty reminded the Board of the email received from a resident regarding dogs running loose and defecating on the beach and grassy area in Georges Mills. Donna Nashawaty wanted the Board to keep in mind the two questions they had on the table, whether to prohibit dogs from the town properties and further restrict the leash law. Some options discussed were restricting dogs from town properties or town beaches and substantially increase the fines. After much discussion, the Board will review the “draft” ordinance and discuss further at their next meeting.
Tony Bergeron and Chief David Cahill-Highway Safety Committee
Tony Bergeron read the petition that was received by the Town and given to the Highway Safety Committee requesting the installation of “no parking signs” along the corner of Lake Avenue and Burkehaven Hill Road, on the backside. According to the petition, the corner has become a parking lot for boat trailers and cars. Some pictures of the site were taken and the Highway Safety Committee met last week to evaluate what RSAs or ordinances were affected and found that RSA:265 prohibits parking within 30 feet of a stop sign, which may be occurring, but did not show up in any of the pictures. The local Town ordinances are as follows:   
B) No vehicle or trailer shall be parked on the paved, main or traveled
portion of any highway, road or street.
C) No vehicle shall be parked so as to restrict the portion of the road available for through traffic to sixteen (16) feet or less road width, except in areas marked for parking by the town.
        D) There shall be no parking on any hill or curve or any place where vision is not      clear for at least one hundred-fifty (150) feet in either direction as the road goes,   or where “NO PARKING” signs are posted, or where parking any vehicle will       restrict the portion of the road available for through traffic to 16 feet or less road  width

In Tony Bergeron’s opinion the only condition that could be legally enforced at this location would be parking within 30 feet of a stop sign on the approach side. According to Chief Cahill, the majority of the cars parked at this location are owned by the Island residents. When the petition came in Donna Nashawaty directed it to the Highway Safety Committee. Donna Nashawaty explained that the people who signed the petition are people are looking for some way to enforce the issue of parking on partially private/partially public property that they thought was prohibited when the Planning Board  gave the stipulation after filling the wetlands. Chairman Gallup thinks that at this point a letter should be sent to the originator of the petition stating that the Highway Safety Committee has reviewed the location and there are no safety issues or violations at this time. Donna Nashawaty will write the letter.

Dave Montambeault and Attorney Aaron Simpson
Attorney Aaron Simpson spoke on behalf of David and Sharon Montambeault regarding set back issues involving their lot located on Sargent Road. Donna Nashawaty gave the following summary:
  • Planning Board approved subdivision in 1981: 7 lots.
  • A 40 ft private road was on plan to access 4 of the lots.
  • The Town took 2 of the 7 lots by tax deed. One to the right of the private road and one that was immediately behind it. Both properties had the rights to travel over private road.
  • The Montambeaults own the property to the left of the private road. Fannie May owns the other property to the rear of Montambeaults.
  • Prior to Fannie May acquiring the property, the driveway was over the property directly to the left of Montambeaults.
  • Fannie May was trying to sell the property, but needed to put a driveway in and during the process found that the driveway was very close to Montambeaults dining room window.
The proposals by the Montambeaults were as follows:
      1) the Montambeaults would obtain the consent of the property owners within the
     Wentzell subdivision to approve the abandonment of the paper road,
     2) the Montambeault would work with the Bank which owns the back lot, lot
     0061, to relocate the driveway where it passes by his home and place it onto lot
     0065 (the Town lot),
     3) the Town would give an easement over lot 0065 for the benefit of 0061 (the
     Bank lot) for the driveway serving lot 0061,
     4) the Montambeaults will give an easement from Sargent Road to the Town for
     accessing lot 0064 and to the Bank for accessing lot 0061,
     5) to the extent deemed necessary, the Montambeaults would seek a variance from the
     zoning board to allow three lots (lots 0061, 0064 and 0065) to share the common
     driveway, and
     6) the Montambeaults would commission Cliff Richer to create a survey     memorializing the easements and the boundary lines.                     

Additionally, the Montambeaults may be interested in purchasing a portion
of Lot 0065 and annexing it to their lot if the Town is more interested in pursuing this option.
There was a concern by the Board if lots 64 & 65 were buildable lots. Motion to allow the Town Manager to hire a professional to test lots 64 & 65 to see if they are buildable, not to exceed $1,500 by Selectman White, seconded by Selectman Brown. 4 in Favor 1 Abstained.

Scott Blewitt-Recreation Director
•Scott Blewitt came to the Board for two purposes: ask permission to have a raffle on July 17th as part of the Bike fest. Motion to allow raffle at the Bike Fest by Selectman White, seconded by Selectman Roach. All in Favor.
•Scott Blewitt asked for permission to dispose of 2 boats, an 8 ft. fiberglass rowboat and a sailboat. Motion to allow Scott Blewitt to donate 2 boats to the 5th grade nature’s classroom yard sale by Selectman Smith, seconded by Selectman Roach.  All in Favor.
•Donna Nashawaty wanted to remind the Board that the community installation of the playground will be on Tuesday, July 13th and Thursday, July 15th. The Inauguration of the Nona Playground at Tilton Park will be on Sunday, July 25th from 2-3PM.
Public Comments
Chief Cahill updated the Board on the meeting between Chief Ruggles, Tony Bergeron, Ron Garceau and himself regarding the Main Street Walk on July 31st . Use of facilities to be completed for Board of Selectmen.

Selectmen’s Action
•Motion to approve the use of facilities application from Friends of Abbott Library
pancake breakfast on July 10th at Safety Service Building by Selectman White, seconded by Selectman Smith. All in Favor.

Chairman Report
•Chairman Gallup saw that the Town took delivery of the new trash roll-off truck, curious about the disposition of the old truck, since a couple of people have asked him if it was going out to bid. Donna Nashawaty said the truck was used as a trade-in.
•The Buffalo Springfield Roller went to antique show in Naples, ME.
•Selectman White asked the Town Manager what was the status of the Treatment plant application grant. Donna Nashawaty stated that New London did not qualify for the grant because their medium income exceeds the statewide average median income, Sunapee qualified. This means that the warrant article no longer works for this scenario. Both Donna Nashawaty and Jessie Levine have been in contact with Senator Gregg and Senator Shaheen office to look at the application requirements to determine if the underwriting was an interpretation or a statutory issue, as well as seeking legal advice regarding the terms of the municipal agreement.

Town Manager Report
•Donna Nashawaty asked the Board to keep Tuesday, August 10th open to host the Assessing Forum.
•Donna Nashawaty handed out information on a presentation from the manager’s meeting in Portsmouth regarding setting up a charter commission, such as the one in Peterborough which is a mix between an old fashion town meeting and an SB2 government. She asked that the Board read the information and discuss at the July 12th meeting.
•Donna Nashawaty gave an update on the Coalition meeting she attended at LGC this afternoon.
•Donna Nashawaty was approached to hold a rubber duck race to benefit Sunapee High School Close-up trip to Washington, DC that will be held on August 7th    in the harbor on the back deck by the Quack Shack and is sponsored by the Lions Club. They will be selling raffle tickets with prizes as follows: 1st prize: $200, 2nd prize: $150 and 3rd  prize: $100 and would like to set-up a booth at various events. Motion to allow Chairman Gallup to sign use of facilities form from Lions Club/Close-up to set-up table on town property to sell raffle tickets on July 3rd , July 17th   and various events by Selectman Smith, seconded Selectman Roach. 4 in Favor. 1 Abstained. Motion to allow the raffle to go as presented by Selectman Smith, seconded by Selectman Gallup. 4 in Favor. 1 Abstained.       
10:09PM – A motion was made by Selectman White to go into non public session under RSA 91-A:3,II c. The motion was seconded by Selectman Roach.  Roll Call Vote, unanimous.
10:20PM – The Board returned from non public session. Motion to seal non public minutes by Selectman White, seconded by Selectman Roach. Roll Call Vote, unanimous.

Meeting adjourned at 10:32PM
Submitted by,
Barbara Vaughn
Administrative Assistant                                


____________________                            ______________________
Frederick Gallup, Chairman                      Charlotte Brown

_________________________                       _______________________         
William Roach, Vice-Chairman                    Stephen White

Emma M. Smith