SUNAPEE BOARD OF SELECTMEN
MEETING
TOWN HALL
OCTOBER 6, 2008
7:00 PM
*****DRAFT***** *****DRAFT*****
Present: Richard Leone – Chairman, Stephen White – Vice-Chairman, Frederick Gallup, William Roach, Emma Smith, Donna Nashawaty – Town Manager
Also Present: See sign-in sheet.
Items for Signature or Review: See copy of agenda attached.
Fred Gallup stated that he and the Beautification Oversight Committee are working on the issues and that people need to be patient. Steve White stated that he, Bill Roach, Fred Gallup, and Emma Smith were here on the Board when they gave the Beautification Committee and the Gardeners full support for what has been done in the Harbor so far.
The meeting was called to order at 7:00 PM by Chairman Leone
PUBLIC COMMENTS:
Beautification Committee – Dick Leone reported that he has received a petition. Steve White stated that he agrees with Fred and that people have to be patient so that they can work on the issues without pressure. Bill Roach agreed that they have to slow down a little and take the necessary time. They have to draw up criteria for responsibilities and what the various committees are supposed to do. He believes none of them have any direction as to what each Committee is supposed to be doing. He stated that perhaps the Board of Selectmen has been lax in not coming up with criteria. Until that is done there isn’t much case for any advancement. He agrees with taking some time. Gigi Polleys said she is confused as to who is in charge of what, how they are
organized and how they are chartered. Stephanie Joyce replied that the Gardeners are just volunteers. They are not formed by the town. She gave a list of the gardens planted and stated that they have been ongoing. They do have a line item in the budget. Skip Nolin asked about the petition and Dick Leone advised that it is going to be brought up under Selectmen Action later in the meeting. Donna Gazelle explained that the Beautification Oversight Committee was formed to expend funds from the trust fund. It is a 3 member committee which was formed with the passage of Article 37 at Town Meeting in 2004. Dick asked what they have the power to do. He stated that if town property is worked on, the Board of Selectmen has to listen to both sides and work out some sort of agreement. Donna Nashawaty explained that the Committee has to come to the Board of Selectmen for plan approvals. She stated that the Committee does have
the authority to expend money. Steve stated that everything done has been cleared by the Board of Selectmen and that this is not something that has been hidden.
APPOINTMENTS:
Soule Property – Van Webb advised that he is here to introduce a project the Conservation Commission is working on. They are considering an easement on the Virginia Soule property. He is asking for a public hearing on October 20, 2008. It is a 16 acre property on Rolling Rock Rd. with frontage on Lake Sunapee. The Society for the Protection of New Hampshire Forests is going to be the primary easement holder and they have asked the Town of Sunapee to be the backup easement holder. The Conservation Commission, at their last meeting, voted to expend $3,750.00 from the Conservation Commission Fund to help defray expenses. To spend the money and to hold an interest in that property the Select Board would sign off on that deed if they so voted. The public hearing is to expend
that money. Donna explained that the Conservation Commission and the Planning Board would have to give comment and the Select Board would have to vote to accept the easement. The Commission has the authority to expend the money. Van stated that the Commission voted to support it unanimously. Steve White advised that LSPA is behind this and will be contributing half as the total amount to do this is about $7,500.00. A motion was made by Steve White to hold a public hearing on October 20, 2008. The motion was seconded by Bill Roach and approved unanimously. Donna advised that the hearing will be scheduled for October 20, 2008 at 7:10 PM.
Sullivan County SWAT Unit - Dick Leone asked what the training process is and what the liability issues are. Dave Cahill gave a background of what the unit is and how it was formed. He stated that the press has instilled some questions. He explained that communities can join for regionalized teams. He advised that since 1999, when the Legislature approved, there have been several teams in New Hampshire. Sunapee is part of the western team which is Sullivan County. There is a board of directors and a book of standards that was created in 2003. In the fall of 2003, Primex put out a bulletin about SWAT teams and regionalized teams supporting them. He stated that it is a necessary and needed group. Each town can call in support from the other towns. A bad
image has been portrayed in the press and the press is trying to instill fear. He explained that he believes liability for participating on the team is no greater because they are doing the same thing they do every day in Sunapee. Steve White explained that the SWAT team participated in Charlestown. A person not on the team participated and that is what brought this about. He stated he has the utmost confidence in the force and the people on the team. Dave explained that a minimum of 96 hours of training is required each year. Sunapee has 2 positions on the team and he strongly encourages Sunapee to continue to participate with that team. He has no question with the integrity of the team. The only cost to Sunapee is budgeted at $1,000.00 each year. There are federal funds and the vests come from Homeland Security. Skip Nolin asked if all the teams in the state get the same training and Dave advised that they do get the same training
and work together when needed. Peter Urbach stated that he has a great deal of admiration for what Chief Cahill has done with the police force. As he understands it, the Chief reports to the Town Manager who in turn is responsible to the Board of Selectmen for the oversight of the police department. From what he hears, there is kind of a self-management of Police Chiefs who serve as a board of directors of that SWAT team and manage their affairs. He asked how the Sunapee Town Manager and the Sunapee Board of Selectmen will exercise any oversight over this SWAT team which, in effect, could have police powers in the Town of Sunapee. Dave explained that they get their jurisdiction from RSA 106 which arrived from the legislation in 1999 and it specifically involves extended authority from communities to communities involving regionalized police teams and police operations. He explained that he meets with the Town Manager often and they talk about the
SWAT team. Donna advised that is part of the day to day organizational issues. Steve stated he understands that Sunapee does not have control over the Southwestern SWAT team, but they do have control over the Chief of Police and they control whatever part he plays in the oversight of that organization. The Chief reports to the Selectmen through the Town Manager. Aaron Simpson commented that there is a case with the SWAT team in the Bristol area and the towns that participated in that event are
individually liable because the SWAT teams don’t carry their own insurance. So, in regard to what happened in Charlestown, if we had officers participating, we could be liable. Dave explained that the Attorney General’s office released its report regarding that issue in which they called the actions by that SWAT team appropriate and within their legal right and legal authority as police officers, thereby supporting the unfortunate shooting of the civilian. He explained that the issue of liability arises any time they leave town. The actions of the police officers have to start back at home with training and experience. The officers have to act legally and appropriately. We are allowed to leave town under the statute and carry some responsibility. He explained that
there were other incidents and no one got hurt so it did not get into the newspaper because that does not sell papers. He lets the Town Manager know of all the team calls and calls with the canine. Donna advised that when theyknew there was some issue that might arise; they put the insurance company on notice. None of our officers were involved.
Officer Crowell Resignation - Dave advised that Officer Crowell was a hard worker and gave a great qualified firearms training program. He updated all the firearms and allowed the department to use his range for practice. He was the department firearms instructor. Dave asked that the Board of Selectmen give Officer Crowell his Ruger 357 as a token of appreciation. They have done this for other officers in the past. He was with the department for 5 years. A motion was made by Steve White to give the sidearm to Office Crowell as a token of appreciation. The motion was seconded by Fred Gallup and approved unanimously.
Golf Cart Donation - Chief Cahill advised that a generous citizen has offered the department a 1999 Yamaha golf cart. It was previously stolen and then recovered. The owner has since purchased a new one. The cart has been cleaned up and he is offering it to the police department. It could be put to good use in the harbor. It is worth about $2,000.00. Fish and Game will provide a permanent registration for it if the town gives permission to use it on town roads and sidewalks. A motion was made by Steve White to accept the donated golf cart and authorize the Chief to get the required plate to use on streets and sidewalks under RSA 215-A15. The motion was seconded by Bill Roach. The motion was approved with 4 in favor (SW, WR, ES, FG) and 1 opposed (RL –
concern about future budget items).
Water & Sewer Commission, Perkins Pond – Aaron Simpson explained that a study for Perkins Pond was completed and the Perkins Pond Association came to the Board of Selectmen to get their support for sewer lines. The Commission has contacted Underwood Engineering and it would be $12,000.00 to get the plan ready to put on the warrant. He explained that the Water & Sewer Commission does not have the money to do this. He asked if the money could be taken from the Hydro Fund as before. Donna advised that they would have to have a warrant article approved to do it. Aaron explained that the final design is to be determined, so it could be more. Steve asked if they could do a warrant article with a not to exceed amount to do the project. Donna advised that they need to
look at the cost for road and easements. Aaron also advised that the contract has to be approved by the state. W. S. Clifton of Underwood stated they put the cost together in 1998. He stated that he is not sure how the Board of Selectmen would want to proceed. If they want to go to Town Meeting this year, that is what the $12,000.00 would do. He does not know what the grants would be. They would do a conservative cost estimate and a not to exceed amount would be a good approach. Donna advised that they still need to raise the $12,000.00 and an environmental report is also necessary. Aaron stated they don’t know what other funds are available until they file the application. Mr. Clifton advised that the guaranteed state funding is 20% for eligible portions of the project. A $3,000,000.00 project includes all engineering fees and contingencies. They could go to town meeting with a total project cost or they could
go to town meeting for the engineering fees, and then go out to bid and to town meeting again for approval. Dick asked the assessed value of the Perkins Pond properties and Bill Scharff advised that the assessed value is $29,500,000.00. Donna advised that they could have the minimum be what they think it might be today and do what was done the last time with escalators. Fred stated that the most important thing to keep in mind is to get this through. Even if it takes an extra year, it is better than being defeated. They need to have all the correct figures and information before going to a vote. If they could have some feeling about grants and loans, it would be better. Donna asked if they would have the grant money in 2009 and Mr. Clifton stated that once it is appropriated it is yours. Ted Gallup advised there is no written easement for the property the interceptor would go on and he questioned Ryder Corner Rd. Donna advised
that she does knot know the answer o Ryder Corner Rd. She does have the information for the Jennings property. She stated that they need resolution for the $12,000.00 before they can get concrete numbers. Aaron stated there are two problems: failed septics and the potential for development. Charlie Smith asked if they are talking about a proposal from the Water and Sewer Commission for the $12,000.00 and Steve White stated they are talking about getting a total cost for the projected including the $12,000.00 and what RD money and grants we might get. Charlie advised that a week and a half ago it was $10,000.00 and the Commission did not vote for the $10,000.00 or $12,000.00. A meeting was set for October 27, 2008 at 7:00 PM for the Water & Sewer Commission, Board of Selectmen, Perkins Pond Association Representatives, and Underwood Engineering.
Meeting Minutes September 22, 2008 - Fred stated he would like to add an addendum to the minutes of the last meeting. The bench that was improperly placed was the Jonas bench, not the Verblauw bench as previously stated. Also, regarding the applications for the Oversight Committee; the application for Mrs. Hall was not withdrawn and the application of Denise Stanley did not get to town hall until the day of the Board of Selectmen meeting.
SELECTMEN ACTION
Beautification Oversight Committee Guidelines - Dick Leone stated that he has received a petition and he is concerned that there is a breakdown in communication. Fred stated that no one seems to have patience and he would appreciate some time to work on this. It cannot be corrected in one Selectmen’s meeting. It if continues they will lose community interest, volunteers, and the flowers. The first item is to fill the committee. Once that is done they can write down procedures. Dick asked if the memorials were approved by the Board of Selectmen and Steve advised that they were. Dick then asked about the benches and Steve advised that the donation requests went to the Beautification Committee and they brought each one to the Board of Selectmen and they were approved. Dick advised that the petition states they want to preserve open spaces. Many want the lakeside park open and want the Board of Selectmen to be more involved. They want the committee expanded to include two
Board of Selectmen members, and to post and have public meetings. Donna Gazelle stated that they came to the Board of Selectmen for guidelines and were told to do their own. They also requested an ex-officio member from the Board of Selectmen and were told everyone was too busy. She also questioned the validity of the petition as some were done on town property at the Information Center.
Concerns expressed by members of the public in attendance:
- Conflict of interest – Chairs of Beautification Committee on Oversight Committee.
- Looks like the Committee is getting private control of town property.
Response to community – petition regarding stone dinosaur.
Safety issues with granite benches.
Harbor looks too much like a cemetery; getting cluttered.
People want to keep the harbor area green.
Leon Davy stated that he signed the petition because he heard they would be doing all sorts of things to the green area. He thinks enough has been done and doesn’t think they should do any more. Fred stated that they are just rehashing the same things. They should move on and get the committee filled. There is a work day on October 17th and he invites everyone to come and see what is done. At the Oversight Committee meeting on October 24th they will look at the mission, guidelines for planting, and bringing things to public hearing, etc. Dick advised that the Board of Selectmen is responsible in making sure all people in the community have an opportunity to be heard. Fred agreed. However, there is a petition because of a rumor mill. He
stated that the Board of Selectmen is required by law to notice meetings and they do. For meetings, public hearings, etc. agendas are posted, notices are put in the paper, and they are posted on the web site and they still have people say they don’t know about the meetings. Harry Gazelle stated that the Board of Selectmen is chosen by the town to exercise moral and legal responsibility. They have had meetings and information. It is up to the Board of Selectmen to make a decision. Bill Roach advised that he does not want to appoint people to the committee if there are no guidelines. Stephanie D’Augustinas asked if the town has the people to maintain everything if the Beautification Committee is dissolved. Peter Urbach stated that he is very concerned with the executive management of the town if this is an example.
Beautification Oversight Committee Candidates, 3 positions - Fred reported there is
one vacant position to fill which was the result of a resignation. The three candidates are
Diane Guyer, Nancy Clark, and Nicolette Asselin. The Board also needs to consider the
reappointment of Donna Gazelle and Barbara Cooper as their terms are expiring. A
motion was made by Steve White to reappoint Donna Gazelle and Barbara Cooper
and discuss the other three candidates and appoint one. The motion was seconded
by Emma Smith. Emma asked about there being three candidates from all the applicants
and Fred explained that they were all interviewed and it was narrowed down to three
candidates being recommended. If the committee is increased to five, they will do the
same process again. The motion was approved with 3 in favor (FG, ES, SW) and 2
opposed (RL, WR).
Donna advised that they did not invite the three candidates to come to tonight’s meeting.
Two are here and one is out of town. Harry Gazelle asked, since the intent is to increase
the committee to five, that the Board of Selectmen consider appointing all three. Fred
explained that the intent is to have a committee of three tonight. A motion was made
by Emma Smith to nominate Nancy Clark. A motion was made by Bill Roach to
nominate Diane Guyer. Steve White seconded Emma Smith’s nomination of Nancy
Clark. Vote on the Smith motion – 2 in favor (FG, ES) and 3 opposed (RL, WR,
SW). Steve White seconded Bill Roach’s nomination of Diane Guyer. Fred advised
that all three candidates are more than qualified. Vote on the Roach motion – 3 in favor
(FG, ES, SW) and 2 opposed (RL, WR). Fred reminded everyone of the work day on
October 17th beginning at 9:00 AM.
Budget Advisory Committee – 2 positions -
Spec Bowers and William Boyce. Donna advised that she has another application from
Charles Smith that she received tonight. The budget workshop is on November 8th.
A motion was made by Steve White to appoint Charles Smith, Spec Bowers, and
William Boyce. The motion was seconded by Emma Smith and approved
unanimously.
Representatives for Solid Waste Group -
A motion was made by Bill Roach to appoint Steve White. The motion was
seconded by Emma Smith and approved unanimously. A motion was made by
Steve White to appoint Fred Gallup as the alternate. The motion was seconded by
Emma Smith and approved unanimously.
Granite Steps from Lake Ave. to Green Space – Railing (safety issue) –
Fred reported that people have asked if there is going to be a railing. It was part of the
original plan. The posts and railings are being donated. There is a concern for safety.
He asked that the railing be completed as per the plan. Bill advised that the granite steps
with accent pillars was approved before. Donna Gazelle explained that it will be on one
side. She advised that the Zoning Administrator recommended that it be done for safety
reasons and that it is only needed on one side. A motion was made by Bill Roach to
approve the pillars and railings. Jean Chandler stated that the granite steps will be an
issue. The motion was seconded by Steve White and approved unanimously. Fred
reported that the chip sealing of the walkway has been put off until next spring.
Election –
Steve White read a document stating that the polls will be open on November 4, 2008
From 8:00 AM to 7:00 PM for elections. A motion was made by Steve White to
sign the document. The motion was seconded by Fred Gallup and approved
unanimously.
Use of Town Facilities –
October 1st – Gazebo, Mason – Trask Wedding
Various Dates – Safety Services Building, Sunapee Middle High School
A motion was made by Steve White to approve both applications. The motion was
seconded by Emma Smith and approved unanimously.
Fred advised that when an application for a bonfire is submitted next year, it should be in
expedient time. Donna stated that they have received a number of last minute requests
recently. It is not a problem if the facilities are used for the purpose for which it is
intended. When it involves a bon fire, gas grills, etc., they request a certificate of
insurance. She has talked with the school and Middle Link is not covered by the town’s
policy. If we are going to be using the school we will have to sign their facilities form
and vise versa.
TOWN MANAGER REPORTS
ICMA Conference Review – Donna gave an overview of the conference she attended.
It was very worthwhile.
2008 Monthly Budget Review – Donna reported that we are still okay. 24.07% of the
budget is left.
Treatment Rd. Bridge – The lowest bid received was from James Piscopoe for
$390,804.80. The contract was signed and the work has begun.
Surplus Property Auction – The auction is scheduled for October 18th at White Farm in
Concord.
County Bill -- $3,215,056.00 is due December 16th.
Monthly Manager’s Meeting – NH Economy & Forecast for Statewide Initiative will be
on October 17th.
Basic Law of Budgeting books - The books have been received and will be given to the
Budget Advisory Committee members. If any of the Selectmen want a copy they can be
ordered. The cost is $12.00 each.
Right to Know Session – Donna thanked all who attended. She advised that committee
and board members were told to go back to their committee or board and discuss the
Right to Know law. She also advised that, during the session, Dan Ruggles showed the
defibulator and how it works. She pointed out to the Board members where it is located
in the meeting room. Steve asked if they should have the Town Manager go through the
sealed minutes and unseal some. Donna advised that if they are sealed to protect
someone’s reputation or employment, they should not be unsealed.
10:19 PM – A motion was made by Emma Smith to go into non public session under
RSA 91A:3,2a. Roll call – WR yes, ES yes, FG yes, SW yes, RL yes.
10:24 PM – Come out of non public session under RSA 91A:3,2. Roll call vote – WR yes, RL yes, ES yes, FG yes, SW yes.
The Board of Selectmen asked that the Town Manager submit expense reimbursements once per month to the Board of Selectmen for approval. Donna advised that we do have a form to be filled out and that each Department Head approves their own employees’ expenses to be reimbursed. She will submit hers monthly.
MISCELLANEOUS
BAC Committee Appointment – Steve asked if there would be a problem with Charles Smith being on the BAC Committee and also on the Water & Sewer Commission. Emma will suggest that he not participate in the Water & Sewer budget. The Board of Selectmen had no problem with that.
Resignation - Donna reported she has received the resignation of Joan Bleau effective October 31, 2008 as Recording Secretary for the Board of Selectmen, Planning Board, and Zoning Board of Adjustment.
10:37 PM – The meeting adjourned.
Submitted by,
Joan Bleau
Recording Secretary Approved:
Richard Leone, Chairman Stephen White, Vice-Chairman
William Roach Frederick Gallup
Emma Smith
| 
