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Selectmen's Minutes 2008/07/14
SUNAPEE BOARD OF SELECTMEN
MEETING
7:00 PM Town Offices
Monday
July 14, 2008
*****DRAFT*****                                                          *****DRAFT*****

Present:  Richard Leone – Chairman, William Roach, Stephen White, Frederick Gallup, Donna Nashawaty – Town Manager, Donna Gazelle & Robin Pollard – Beautification Committee

Absent:  Emma Smith

Also Attending:  See sign-in sheet

The meeting was called to order at 7:00 PM by Chairman Leone.

Items for signature or review:  See copy of agenda attached.

PUBLIC COMMENTS:

Stephen White advised that there are 2 building permits for wind powered generators that are being denied.  He stated that he thinks the Board of Selectmen needs to take a stand, because of the energy crisis, to do what they can to reduce foreign oil dependence.  He stated that the town attorney says accessory use depends on definition and whether it is incidental and subordinate to residential use.  Peter Urbach, Chairman of the Zoning Board of Adjustment, advised that one case came to the Zoning Board last month and was turned down.  The Planning and Zoning Boards need to change the ordinance and a committee is being set up consisting of 3 Zoning Board members, 3 Planning Board members, Roger Landry – Zoning Administrator, and Michael Marquise – Town Planner.  They will work on drafting new regulations and, if accepted, the new regulations will be brought to a vote at town meeting in March of 2009.

David Brown stated that Croydon has regulations that say windmills are permitted.  The windmill users will not be selling back to the grid.  It is not an actual cash trade.  The meter will run backward and give the homeowner a credit.  Gerard Tracey submitted an energy exemption and stated that to put this off for a year is counter productive.  The basis of the economic crisis is fuel and people have the basic right to produce their own energy.  Dick Leone asked if he could come in at a later time to discuss the topic.

Michael O’Brien stated he would like to put up a windmill and if it produces more he will put in some electric heat.

Dick Leone advised that they have to respect the agencies which will study this and make recommendations to the Board of Selectmen.  Donna will keep the Board of Selectmen apprised of the meetings of the committee.

Mr. O’Brien stated that the regulations should also apply to solar panels.  David Brown told the Board that monetary incentives expire 12/31/08, so time is critical.  


7:14 PM
APPOINTMENTS
Beautification Committee
Donna Gazelle and Robin Pollard were present.

Dick Leone gave a background of the committed which was founded in 2004.  There are
3 members:  Barbara Cooper, Donna Gazelle, and Robin Pollard.  He stated that under
the right to know law, RSA 91A, any meeting has to be posted, the public invited, and
minutes must be submitted.  He stated that they got a letter today asking if the Committee
is following these rules.  He read the letter.  He also strongly urged the Selectmen to
expand the committee to include 2 members of the Board of Selectmen.  Donna
Nashawaty stated another letter was received praising the work of the volunteers and the
beauty of the harbor.

Donna Gazelle stated that she is pleased to know others are willing to share the burden of
work.  She gave the annual report (see attachment to minutes) and advised that they are at
the very end of the master landscaping plan.  She stated that when the Committee was started in 2003, there was no mention of public meetings by former Town Manager John Wheeler and a progress report was made each year.  In August of 2006, the committee requested the protocol under which to act and nothing was forthcoming and there was no mention of public meetings.  She stated that last year they were told by the Town Manager that they needed to hold a public meeting and that if they want to do something other than the original plan; they would need to hold a public meeting.

Mrs. Gazelle stated that the committee was formed under the Board of Selectmen with guidance from the Town Manager and input from the Road Agent.  They expend no tax dollars.  They do planning when they are working and welcome all input.  They will be holding a public meeting in the fall.  They also previously requested 2 ex-officio members from the Board of Selectmen, but have no one.  

Dick Leone advised that it the Board’s fiduciary duty to follow through because of the
question.  He asked if meetings will be posted and Mrs. Gazelle advised that they will.  He advised the committee to post the meeting in 2 places and if sensitive, put an ad in the Argus.  Mrs. Gazelle stated that they will have a meeting in September or October and the minutes will be submitted within 5 business days.  She stated that have over 200 signatures with a letter of support which she read and submitted to the Board.

Bill Roach questioned the plan for the stepping stones down to the sundial which he does not recall approving.  There was a map on the wall at Town Hall which disappeared.  Donna Nashawaty advised that she found a smaller version of the missing map.  Mrs. Gazelle stated that this was on the plan that was presented to the Board last July.  She stated that the Board said it was too close to the water so they moved it back 35’ and reduced the circumference from 60’ to 20’.  Steve White stated he doesn’t remember the maze pattern to the sundial, but does remember discussion on closeness to the water and size.  He does not remember a pathway.  Donna Gazelle asked if the Board would consider that they are submitting the plan again tonight.  She stated that the major issue is there is some objection that the area is being infringed because it is being beautified, which does not make sense.  The natural granite stones will be flush to the ground.

Dick Leone stated that the concern is about the green area and the benches.  He asked how this was handled when the decision was made to put this in.  Did they have a public meeting?  Mrs. Gazelle stated that the benches were indicated on the plan in 2004 and that new benches since then have been approved by the Board of Selectmen.  She stated there have been other changes to the plan such as the garden behind the bandstand, the planting of some trees, and the building of stairs on the gazebo.  Steve White stated that the committee came to the Board of Selectmen for approval and the walls were also approved by the Board.  Mrs. Gazelle asked the Board to provide direction so they are not in this same situation a year from now.  Dick asked if they have thoroughly offered the public the chance to respond to the plan in the last year or so and Mrs. Gazelle stated they didn’t think they had the authority to call a public meeting.  Dick advised that they are a committee and asked if they will have a meeting before coming to the Board of Selectmen in the future.  Mrs. Gazelle stated that they will.  Fred Gallup stated that they have had varying plans and there have been a number of meetings to discuss changes with the master plan.  He thinks the Board needs to go ahead and allow the committee to continue with the master plan with the path to the sundial and send the committee back to consider the master plan.  He clarified that they go ahead with the spiral sundial area, put the rest of the path on hold, and have a public meeting so they can be sure everyone has their say.  He suggested that they have an annual meeting on what will happen in the upcoming summers.

Mrs. Gazelle corrected her prior statement.  The committee was started in 2002 when they went to Mr. Wheeler and the Board of Selectmen for a garden tour to raise funds to re-landscape in the harbor.  

Ray DiGiovanni asked how the enhancements to the original plans get approved and Dick Leone advised that they are approved by the Board of Selectmen.  Mr. DiGiovannia asked the difference between meetings and Fred Gallup advised that this meeting wasn’t advertised.  Mr. DiGiovanni asked if the right to know law applies to non-tax money.  Dick Leone explained that this deals with town property and Donna Nashawaty advised that committees have to post meetings and minutes.  

Charlotte Brown stated there are concerns regarding shoreline protections and grounds within 50’ and 150’ of the shoreline absorbing water.  She stated that projects substantially started could continue and asked if they need to be approved by the state.  Donna Gazelle advised that they are prepared to go through permitting if required.  Francis Nolin stated that they can do it, but they have to do it the Shoreline Protection way.  Sue Gottling advised that a permit was required for a small portion, but no variance or special exception was required.

Mrs. Gazelle explained that the funds donated are not available from the expendable trust fund are until after town meeting each year.  Mr. Nolin noted that there was a tree donated 25 years ago in memory of a young person in town who was killed in the harbor.  The tree was run over and never replaced and he would like to see it replaced.  Wendy Nolin stated that they need to keep a record from now on of things donated in memory of someone.  Donna Gazelle advised that they have a record and are starting a memorial book.  

A motion was made by Bill Roach to allow the smaller revamped maze at the waterfront, the steps, and the plants along the wall.  The motion was seconded by Fred Gallup.  Mrs. Gazelle stated that the committee would not want to place just that and would prefer to wait until the entire project can be done.  Steve White agreed that they should wait for the whole thing and come before the Board of Selectmen for approval.  Bill Roach withdrew the motion and Fred Gallup withdrew the second.

Ellie Goddard stated that two years ago when there was a proposed children’s garden, she thought it had gotten out of hand.  Once you take away the green, it does not come back.  She is in favor of the serpentine path and maze as it is smaller and back to the original plan.  She would like to see this go through and not have a town meeting to approve a path.  She asked the Board of Selectmen to let the Beautification Committee have an open meeting in September, but this is part of the master plan created in 2004.  She stated that all plans have some changes and that some like it and some don’t.  Dick Leone explained that the project has been changed and they have to deal with the law.  Mrs. Goddard stated that the committee came to the Board of Selectmen for the wall and it was approved.  They did not think this would be a problem.

Artie Osborne expressed concern about safety as granite is slippery and Dick Leone advised this is why he thinks they need to talk this over and give everyone an opportunity to be heard.  Mrs. Gazelle advised that this is natural stone.  It is not slippery and not polished, and is set into the ground.  William Boyce stated that the only objection he has is the stone benches and pieces of stone.  When the property was donated, stone was removed.  He stated that it is a beautiful green area and he thinks it is wrong to add stone.  

Fred Gallup suggested that the Board schedule a public hearing to discuss whether or not to add the stepping stone path.  The Board will take comments and make a decision to approve or disapprove.

Donna Nashawaty asked if this would be a public hearing called by the Beautification Committee or the Board of Selectmen and Fred responded that the Board of Selectmen would call the public hearing when the committee has its plan and is ready to proceed and that would be the same in the future.  Donna will tentatively set the public hearing for August 11, 2008 at 7:10 PM.  Fred stated that it will be posted in 2 places, posted on the web site and the Board of Selectmen meeting agenda, and if they have money it will be posted in the newspaper.

8:54 PM – A 5 minute recess was called while the public exited the meeting.

8:59 PM
SELECTMEN ACTION
·       Use of Town Facilities:  August 17, 2008, LSPA, Sunapee Harbor, Love Your Lake Day.   A motion was made by Steve White to approve the use of town facilities.  The motion was seconded by Fred Gallup and approved unanimously
·       LGC Floor Policy, need to name Donna as delegate and board position.  A motion was made by Fred Gallup to designate Donna Nashawaty as delegate.  The motion was seconded by Steve White and approved unanimously.  The board position will be discussed at the next Board of Selectmen meeting.
·       Motion to set Public Hearing to accept $5,000.00 grant for Emergency Management 31:95b Statute.  Donna explained that they need to hold a public hearing before spending the money.  A motion was made by Steve White to set a public hearing for July 28, 2008 at 7:10 PM.  The motion was seconded by Bill Roach and approved unanimously.
·       3 Year Property Liability Insurance Renewal – Authorize Town Manager to sign as agent.  Donna explained that the insurance is guaranteed not to go up over 9% each year if they go with a 3 year renewal.   A motion was made by Steve White to authorize the Town Manager to sign.  The motion was seconded by Fred Gallup and approved unanimously.
·       Planning Board Action – request for 90 day extension, Sonya Site Plan Review Process.  Donna gave information regarding the Sonya site plan review.  The Planning Board has to act in 90 days or the application is automatically denied.  The Planning Board has requested a 90 day extension.  A motion was made by Steve White to approve the extension.  The motion was seconded by Fred Gallup and approved unanimously.  
·       Summer Town Meeting Agenda.  Donna passed out the proposed agenda.  She explained that the meeting will still be 3 hours and 10 minutes if everyone is allowed 10 minutes for their presentation.  The meeting has been set for August 18, 2008 at 7:00 PM.  She advised that if they take out the one way loop presentation, the meeting will still be 2½  hours.  The Board members were in agreement to leave the discussion of the one way loop on the agenda to receive comments from the public.  The agenda will be the same as last year with the exception of adding the one way loop discussion and removing the Zoning Board and the school.  Donna will check with Peggy Chalmers and Van Webb to see if they need to be included.  She will present a revised agenda at the next Board of Selectmen meeting.  
·       Request to waive Library Site Plan Review fee.  A motion was made by Fred Gallup to waive the fee.  The motion was seconded by Steve White and approved unanimously.
·       Wind Turbine Update.  Donna noted that this was addressed by Peter Urbach at the beginning of the meeting.  She gave an overview and handed out a pamphlet (see attachment to minutes) for the Board members to review.

CHAIRMAN’S REPORT:
None

TOWN MANAGER REPORTS:
A complaint letter was received from Mr. & Mrs. Mapley.  Donna will respond that the Board concurs with the response from Chairman Leone.

Recreation/4th of July – Donna reported that the Recreation Department ran the parade, fireworks, barbecue, donations, etc.  They raised $10,500.00 in donations for the fireworks.  More people attended than in previous years and a lot of credit goes to the Recreation Committee and especially to Scott Blewitt.  The Board asked that Donna send a letter of thanks.

MISCELLANEOUS:
Steve White reported that the Sunapee Lions Club is celebrating its 50th year.  There will be a celebration dinner in September at Mt. Sunapee and they also want to do a celebration for the town.  They will come to the Board of Selectmen for approval.  He indicated they would like to use the Sherburne Gym and Donna advised that they will need to get approval from the school.

Donna advised that she has signed up for the ICMA Annual Conference which will be held September 21-24, 2008 in Richmond, VA.

Bill Roach asked if the handicap parking spaces in the harbor can be repainted, particularly the ones in the parking lot closest to the lake.  Donna will handle it.  Bill also stated those sailboats are putting their masts up when launching into the harbor and suggested that they mark off the area with rope and flags.  Donna advised that they cannot tie onto a building and perhaps the Board could add something to the parking ordinance.

OLD BUSINESS:
Perkins Pond Sewer Informational Meeting Date TBD – Donna will check with Gary Szalucka on a date and will check with the town assessor on what the property values would be if the sewer is put in.

The meeting adjourned at 10:08 PM.

Submitted by,
Joan Bleau
Recording Secretary                                     Approved:                       


                                                                                                
Richard Leone, Chairman                         Stephen White, Vice-Chairman


                                                                                                
William Roach                                   Frederick Gallup


                                        
Emma Smith