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Selectmen's Minutes 02/12/2007
TOWN OF SUNAPEE
BOARD OF SELECTMEN MEETING
TOWN HALL

February 12, 2007


PRESENT:  Selectmen Emma Smith, William Roach, Richard Leone and Frederick Gallup.  Town Manager Donna Nashawaty.

ABSENT:  Stephen White

OTHERS:         Peter Urbach, Paul Pratt, Jim Williams, Catherine Bushueff, Lisa Meehan, Lisa Bozogan, David Brown, Deborah Leavitt, Anne Nilsen, Mary Epremian, Charlotte Brown, Susan Parmenter, Timothy Bushueff, John Walden, Brenda Dowst and Sue Gotling.  (Please see sign in sheet attached to file copy of minutes.)

The meeting was called to order by Chairman Emma Smith at 7:10 PM.  

Police Chief David Cahill reported to the Board that he would be bringing in his new prosecutor to the next Selectmen’s meeting to be introduced to the Board.  Also, he reported that one cruiser’s transmission went last Friday.  The Town mechanic recommends that it be taken to a Ford garage for repairs if needed.  This will have to be done if the police department does not receive approval to purchase two cruisers at Town Meeting.

1.  PUBLIC COMMENTS

A.  Lisa Bozogan read a letter she composed to the Selectmen.  She asked if the views of Selectman Stephen White represented those of the other Selectmen.  She feels that it was inappropriate for S. White to use her name in a letter to the editor in a negative way.  L. Bozogan was upset that it was insinuated that she does not help her community and listed many volunteer activities she has been involved with.  She feels that those that have contributed should be honored and treated courteously.  L. Bozogan’s letter is attached to the file copy of these minutes.

Susan Parmenter stated that she was dismayed at what S. White writes in the newspaper.

Emma Smith stated that S. White was expressing his opinions and not that of the Board, but the Board would discuss this matter with him.

B.  David Brown stated that the Board was well respected and that people rely on the Board’s opinions on issues.  He feels that it is very important that these opinions be relayed to the public accurately.  D. Brown asked if the Selectmen endorsed the Ski Tow Hill site for the new library.  William Roach responded that it was not until later did the Board learn that the Ski Tow Hill property was forest land.  Once this was discovered and an opinion received from Town Counsel, the Selectmen voted to let the people decide if they wished to remove property from forest land to build a new library.  Fred Gallup
Board of Selectmen
February 12, 2007

stated that the Board works in the way the town voters guide them.  The Ski Tow Hill site was approved by the voters for a library in 2003 and the selectmen are following the wishes of the voters.  

C.  Dan Banks asked the Board what authority Town Counsel had to offer an amendment at the deliberative session which would have killed a petition article.  Peter Urbach responded that Counsel was concerned that if the article passed to remove some of the land from town forest but the site was not approved for a library, both articles would be moot and also Counsel was there at the request of the Town Manager to make sure questions could be answered properly.   Fred Gallup stated that it would be the Board that would have to offer an amendment not Counsel.  Counsel was present to assist the Selectmen.  Emily Sammon asked if the Selectmen knew that Counsel would be advising an amendment.  Donna Nashawaty responded that the Board did not know.  Emma Smith stated that if Counsel had offered an amendment, Moderator Harry Gale would not have allowed it as Counsel is not a resident of Sunapee.  Catherine Bushueff asked if all members of the Board were able to communicate with Counsel and added that she was disappointed that the amendment was offered.  Emma Smith responded that they could if they wished but that the Town Manager does most of the communication with Counsel on behalf of the Selectmen.  C. Bushueff stated that she was concerned that information received from Town Counsel was being passed along accurately to the voters of Sunapee.

Susan Permenter stated that she felt that the Ski Tow Hill site for the library was not properly investigated and is now causing chaos.  Fred Gallup responded that the site has been in discussion since 2003.  He feels that the public should keep more intoned to what is occurring in the community.   

Dan Banks expressed concern that information is being withheld from the public.  

2.  APPOINTMENTS

A.  Catherine Bushueff – Abbott Library

Catherine Bushueff addressed the Board about materials the Library Trustees are passing out regarding their one-sided view of the Ski Tow library site.  She is concerned that the literature does not truly represent the facts and feels it is the responsibility of the Trustees to insure that the voters don’t receive misinterpretations.  C. Bushueff questioned the ownership of the Abbott Library and stated it was not right that the town should have to buy back their own building.  She asked if funds received for the building would go to the Town or to the library.  C. Bushueff also expressed concern about the report required by law to be filed with the Probate Court from the Library Trustees annually.  She stated she hopes that the Trustees will inform the court about the controversy surrounding the Ski Tow site.  
Board of Selectmen
February 12, 2007

Peter Urbach responded that the literature being distributed by the Library Trustees was one-sided and that the Trustees have worked hard on the new library project since 1998.  The Trustees are carrying out the mandate by the voters to build the library on the Ski Tow Hill property.  P. Urbach added that the petitioners who do not want to build at this site are also handing out one-sided information.  The Trustees have met with the Selectmen and were told the Selectmen favored the use of the proceeds from the sale of the building to be used on constructing a new building.  Ownership of the Abbott Library is Town 30% and Trustees 70%.  Fred Gallup stated that the Selectmen would hold public meetings with regard to using any receipts of the sale of the old library before turning it over to the Trustees.

Lisa Bozogan stated that the original warrant article did not say anything about the selling of the old library.  She feels that new things have risen since the original vote in 2003.  

Peter Urbach stated that all of this will be voted on at the March Town Meeting and that the voters would settle the matter.  

Lisa Bozogan asked if the library owns 70% of the building, then who pays for operation and maintenance.  Peter Urbach responded that the Town does.  Brenda Dowst explained the RSA that provided powers to the Library Trustees and also provides that the Town must pay the annual cost of operations and maintenance.  She stated that she feels the costs of operation for the new library should be made available to the public.  Anne Nilsen asked if the Selectmen had this information available when the highway garage and safety services building were built.  They replied that they did not.

Charlotte Brown expressed concern with the sale of the library.  She would like to see it used for community purposes.  She stated she felt that the Board is acting too quickly and should take a harder look at keeping the building.  Susan Parmenter agreed with C. Brown and asked how the public would know if the Board were to sell the building.  Emma Smith stated that the Selectmen would have to hold public hearings before the building could be sold.

Richard Leone asked if any one in the audience had any ideas on where a library could be built if the Ski Tow property was voted down.  David Brown stated that he would hope the town would pull together to come up with ideas.  Peter Urbach stated that 1.6 million received from donations would probably have to be returned if the building were not placed on Ski Tow Hill.   Emma Smith informed those present that the Planning Board is currently reviewing the Master Plan and suggested that some may want to attend those meetings.  

3.  ITEMS FOR SIGNATURE

Please see agenda attached to file copy of the minutes.
Board of Selectmen
February 12, 2007

4.  SELECTMEN ACTION

Donna Nashawaty informed the Board that Robert (Rem) Mastin has volunteered to fill the unexpired term of Andrew Clifford on the Conservation Commission.  All Board members agreed that Rem Mastin was a fine choice.

Donna Nashawaty informed the Board of a letter received by Roger Landry, Zoning Administrator.  The letter is from the Brandons.  R. Landry observed that they were building without a building permit and charged them the $275.00 After the Fact fine.  The Brandons are asking the Selectmen to waive the fine stating that they were so busy building they forgot to get the permit.  The Board did not grant the waiver.

5.  CHAIRMAN’S REPORT

Emma Smith stated that she would like to see Steve White’s report on constructing an incinerator on the agenda for the February 26th meeting.

Donna Nashawaty explained that she and Tony Bergeron were still negotiating for a contract for solid waste disposal.  She and T. Bergeron will come to the Board when they have finished their research.

6.  TOWN MANAGER REPORTS

A.  Library Report

Peter Urbach gave the Selectmen the Library Trustee’s report to Probate Court for their review.   Emma Smith read the report.  It included a section that informed the court about the petition article not to build on Ski Tow Hill.  Also that the Trustees did not go for Site Plan Review and the article to remove 3 acres from town forest land.  Fred Gallup wished to strike the sentence that stated that “small vocal complaints” were received   The other Board members agreed.  P. Urbach will make the corrections and bring the report to the office for Emma Smith’s signature.  

Charlotte Brown asked when phase II and III of the library were being planned.  Peter Urbach responded that phase II will cost approximately $300,000 and would not be planned until the full amount was received through donations.  The same would be for phase III.  Motion was made by Richard Leone to authorize Emma Smith to sign the Trustee’s report to Probate Court after the corrections are made.  The motion was seconded by Fred Gallup.  The vote was 3 in favor.  Emma Smith abstained.




Board of Selectmen
February 12, 2007

B.  Town Hall Renovations

Donna Nashawaty reported on the progress in the renovations of the basement of the Town Hall.  Heating is now in the basement and the walls and ceilings have been painted.  The floor is being prepped now.  Andy Nichols will be grouting the cement floor so that it looks like tile.  D. Nashawaty stated that this would be sturdier than tile and not slippery like tile.  The computer hook ups will be done on Wednesday.  She plans to have the back office upstairs move to the basement in two to three weeks.  Also, the meeting room should be in use at that time.  The project is within budget.  

David Brown asked where the town kept their records.  D. Nashawaty stated that there is a fire proof safe, but it only has two hour walls.  There is also a vault in the basement where the very old records are kept.  She explained that the Town Clerk is the keeper of the Town’s records and she believes that she is looking into a grant to review current records keeping.  D. Nashawaty also explained that the computers are backed up off site.

6.  MISCELLANEOUS

Donna Nashawaty reported on a meeting she and other communities attended with Fairpoint.  Fairpoint is purchasing Verizon holdings.  They are presently going through the application process.  Richard Leone asked what the approximate cost would be for the towns to get broadband.  D. Nashawaty responded that the cost would be approximately $30 million.  The towns hope to get some of the funds needed through grants.  

Donna Nashawaty presented the Selectmen with a DVD which contained legislation on gambling.  The Selectmen will take turns viewing the DVD.  

Emma Smith asked if the Board would be receiving a pandemic report sometime soon.  D. Nashawaty replied that Howard Sargent was prepared to do this after Town Meeting.  She will set it up with him.  

William Roach wants to study to see what the Selectmen have to do to go back to the old Town Meeting form of government rather than SB2.  Discussion was held on coming up with a petitioned article for this in 2008.  

Next agenda:  7:15 PM – Chief Cahill and Ron Greenleaf
                      7:25 PM -  David Bailey and David Little

                Also, guidelines on alternate solid waste






Board of Selectmen
February 12, 2007

The meeting adjourned at 10:00 PM.

Submitted by,  Darlene Morse                            Approved________________


Emma Smith, Chairman                            Stephen W. White, Vice Chairman

William Roach                                   Richard Leone


Frederick Gallup