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Selectmen's Minutes 10/23/2006

TOWN OF SUNAPEE
BOARD OF SELECTMEN MEETING
TOWN HALL

October 23, 2006

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

ABSENT:  Emma Smith, Chairman

OTHERS:  Betsey Shelby, Gerald Shelby,  Paul Pratt, Peter Urbach, Tony Bergeron, John Walden, Dereck Tatlock, Betty Tatlock, Jean Wilson,  Jean Wilson, Rhoda Gurney, John Mapley,  Ethel Jarvis, James Cruise, John Chiarella, Charles Hirschberg, Allan Davis and Carolyn Townsend (Intertown reporter).

The meeting was opened by Vice-Chairman, Stephen White at 7:00 PM.  

1.  PUBLIC COMMENTS

No one wished to speak.

2.  APPOINTMENTS

A.  Tony Bergeron, Road Agent

Tony Bergeron was present upon request of the Board of Selectmen under the pretense that his department’s budget expenditures were being discussed.  The real reason Tony Bergeron was asked to attend was to receive a plaque from the Otter Pond Association.  John & Jean Wilson presented T. Bergeron on behalf of the association thanking him for the many times he has assisted the association with care of their road.  T. Bergeron received a round of applause from the audience and Selectmen.  T. Bergeron asked the Wilsons to let the association know that he very much appreciates the plaque.  

T. Bergeron informed the Board that he did have something to give to them.  He presented the Board with a copy of a letter from the NH Public Works Academy  regarding Duane Abbott, highway foreman, informing D. Abbott that he had passed grade level II with a score of 98%.  The Board asked Donna Nashawaty to compose a  letter of congratulations to Duane Abbott.

While waiting for the second appointment, Stephen White  asked the Board and D. Nashawaty if there was anything they wished to discuss.




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October 23, 2006

Donna Nashawaty informed the Board that the library has a new program where they have guest readers to read a story to the children.  D. Nashawaty has participated in the program and read last week.

Fred Gallup informed the Board that the old steam roller will be moved  at 10 AM this coming Saturday.  This was the first machinery owned by the Highway Department.  The roller will be refurbished by the Historical Society and a site for display will be determined at a later time.   F. Gallup thanked the members of the Historical Society for its initiative to achieve this.

Stephen White stated that the Board of Selectmen has signed appointments for Bruce Burdett and Timothy Fleury.  They are both to the Conservation Commission.  B. Burdett’s term will end September 2009 and T. Fleury’s on September 2008.  S. White expressed the Board’s appreciation for individuals who volunteer their time for the good of the Town.

Donna Nashawaty informed the Board that she went to Concord Friday, October 20 to set the 2006 tax rate.  The tax bills will be going out next week.

Donna Nashawaty reminded the Board that the Board’s first budget meeting with the Budget Advisory Committee will be held Tuesday, Oct. 31.

Richard Leone asked D. Nashawaty if she knew what to expect from the County for a budget next year.  D. Nashawaty stated that she did not because some towns have not gone through a total revaluation yet.  This is needed to bring these towns in line with other towns in the County.   William Roach expressed his dislike on how the county budgets.  When questioned about some funds, the commissioners say simply “the money is there”, but, W. Roach said, they can’t tell you where.  

B.  Library – Discussion about the Existing Building

Members of the Library Trustees and the Librarian were present to discuss and agree on what would happen to any funds received should the library be sold. Would the money go to the Town or to the Trustees?  Donna Nashawaty presented the Selectmen with an opinion she received from Town Counsel .  Town Counsel recommends the town place two warrant articles for 2007 to get permission from the voters to sell the building and another article asking where the proceeds should go.   Peter Urbach, Trustee, thanked D. Nashawaty for getting counsel’s opinion.  He brought to the Board’s attention that the Board voted unanimously on September 27, 2004 to support that 100% of the proceeds resulting from the disposition be designated to the library.  Peter Urbach stated that the Trustees would like to see if the present Board feels the same way.  P. Urbach reported that they have raised  $1.3 million to date.  The Trustees feel the building is worth approximately $300,000-$400,000.  This was the estimate from Norm Bernaiche, town
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October 23, 2006


assessor.  P. Urbach stated that the Trustees would like the Board to vote to permit an article be placed on the warrant to sell the building and that all proceeds will go toward the construction of a new library.  Richard Leone questioned possible uses of the building as there is little parking.  P. Urbach stated that the Trustees would speak with the Board prior to selling the building.  Fred Gallup stated that the article should be worded to state that any profits of the sale of the building will go toward the construction of a new library.  He also felt that the article might be worded in a way to see if the voters wish to have the Town purchase the building.  William Roach stated that he feels there may be possible uses of the building for the town and is worried about selling the building.   It was the consensus of the Board that the proceeds of the sell of the building be put toward the construction of a new facility.  Donna Nashawaty stated that she will need a dollar amount on how much the Trustees will ask for the building to be placed in the warrant article.  R. Leone asked what would be done if the voters did not approve of the sell of the building.  P. Urbach stated that then the Trustees would not sell it, but try to find another use for the building.  Motion was made by Fred Gallup that the Board of Selectmen place an article in the 2007 warrant to sell the library and that 100% of the proceeds of the sale would go toward the construction of a new library building.  D, Nashawaty suggested that the Trustees and Board of Selectmen have a work session with the Board to discuss the sale should the article pass.  The motion was seconded by Richard Leone.  The vote was unanimous and the motion carried.  

D. Nashawaty suggested that, if the article is approved, some of the proceeds should go toward a survey of the library property.  Librarian, John Walden informed the Board that he presently has 64 children attending the after school program.  A new larger facility would be greatly appreciated.

C.  Community Store – J. Cruise

D. Nashawaty read a letter she received from James Cruise who purchased the Community Store.  In the letter J. Cruise is asking that the Board grandfather the fact that the property at one time had gas tanks, and under the grandfather rule, he be allowed to reinstall these tanks.   John Chiarella and Charles Hirschberg addressed the Board.  C. Hirschberg informed the Board that the tanks that were on the property years ago were removed because they were leaking.  Monitor wells have been installed per DES.  There are five wells and they are to be tested annually.  C. Hirschberg has presented DES with an application to install tanks.  The application was approved but for another area.  D. Nashawaty explained to the Board that it was up to them to decide if the tanks are still grandfathered as it has been many years.  Fred Gallup stated that he would like to see some chronological data as to what occurred with the tanks that were removed to prove that they were never abandoned.  William Roach stated that he thought the Planning Board should decide if the tanks can be grandfathered – not the Board of Selectmen.  He would like to see something in writing.  Richard Leone stated that the Board, before
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October 23, 2006

approving, would need justification and a letter from DES stating that they approve of the installation of new tanks.  Stephen White suggested that the Board could give an indication that the tanks would be grandfathered based on conditions from the DES that DES would approve the tanks installation.  S. White also added that Site Plan Approval would need to be received from the Planning Board.  F. Gallup agreed and also asked that the Board be able to review the order of events to determine if the tanks had not been abandoned.  He would like to see approval in writing from DES.   C. Hirschberg stated that DES would be giving the project a letter stating whether or not they would consider an application.  Richard Leone asked what the status was of the monitoring wells.  C. Hirschberg reported that the wells have been showing a consistent decrease.  R. Leone stated that he would like to see a report on the wells from DES.  C. Hirschberg will request a report.  D. Nashawaty stated that she would like to see a time line, as recommended by F. Gallup.  Also she would like to get a letter from DES stating that they would consider allowing the tanks to be reinstalled.  It was agreed that this will be placed on the Selectmen’s agenda again when J. Cruise has received the information requested by the Board.  

D.  Ethel Jarvis – County Commissioner

Ethel Jarvis discussed the county budget with the Board.  She stated that she now sees the discrepancy in how the communities are being taxed.  William Roach stated that Claremont needs to be checked.  Sunapee may have water front properties to tax, but it is only one third of the lake that Sunapee taxes.  Claremont has numerous large businesses operating off of Washington Street.  He discovered that one of those businesses were not taxed for quite a while.  The Board explained to E. Jarvis their position with regard to the county budget.  They would like to see another method of taxing the towns in the county – possibly based on percentage of use and population.  Donna Nashawaty presented a spread sheet to E. Jarvis which shows the discrepancy in taxation between the towns and cities.  E. Jarvis stated to the Board that one of her goals as commissioner, is to keep the money spent in the county.  Fred Gallup asked E. Jarvis how she felt about the discrepancies in the Revenue form MS42.  E. Jarvis stated that it looked bad and was “double dipping”.  The commissioners were not aware of the problem.  They let the manager handle the state forms and trust that they will be done correctly.  E. Jarvis stated that the whole situation made the commissioners look stupid.  W. Roach raised the subject of the management audit and that it points out that the county finances need much improvement.  He asked E. Jarvis why there was no cost for Health and Human Services in the recent annual report as was done in the past.  E. Jarvis stated she will look into this and get the information for W. Roach.    Jeff Barrett, Charlestown, introduced himself to the Board.  He is running against Don Clarke for commissioner.  The Board thanked E. Jarvis for attending.

Fred Gallup noted that the Town of Sunapee has received the warrant for the Sullivan County tax of $9,283,721 which details the Sunapee portion in the amount of $2,206,175.  
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October 23, 2006


Motion was made by Fred Gallup that the Board ask the Town Manager to draft a letter to the County Manager, County Commissioners, County Treasurer and a cc: to the County Attorney to require the following explanation.

The Board of Selectmen wish to have an explanation from Sullivan County as to the authority granted by statute for each of the line items in the detailed operating budget for the County.  The Town of Sunapee has felt that the authorization granting authority to run various programs and services is questionable, thereby the need for the related statute.  For Example:  In the line item 10.475.12029 Contract Services the response for the $93,795 budget item would be the following statute. RSA 24:10 University of New Hampshire Extension: Program Purpose and Intent. – VI. The state endorses the commitments of county conventions and commissioners to the tripartite partnership to the appropriation and expenditure of county funds in support of cooperative extension at the local level.

The motion was seconded by William Roach.  The vote was unanimous and the motion carried.  

3.  TOWN MANAGER REPORTS

A.  Cemetery Bylaws & Regulations

Donna Nashawaty distributed copies of the proposed cemetery bylaws and regulations written by Karl Jonas.  She will place this on the agenda for discussion at the next meeting.  These have been reviewed and approved of by Town Counsel.

B.  Harbor Parking

Donna Nashawaty stated that because she was very busy with working on the tax rate, she did not have the time to draft the parking ordinance.  She will have this for discussion at the next meeting.

4.  MISCELLANEOUS

Donna Nashawaty read a letter from the Town of New London.  This was in response to her letter requesting that Sunapee be given a copy of formal rules to follow during emergencies such as the recent septage spillage at the New London station in Georges Mills.  The letter states that the commissioners are working on a response method and will give a copy to Sunapee when completed.  They are holding a reverse 911 meeting in New London to discuss this.  D. Nashawaty, Chief Cahill, Tony Bergeron and Dave Bailey will attend.  D. Nashawaty stated that the DES has not come forward yet with their

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October 23, 2006


findings.  Fred Gallup stated that he feels inspections should be taking place at intervals on any equipment.

Richard Leone congratulated Stephen White on the fine job he did chairing the meeting.

The meeting adjourned at 10 PM.

Submitted by,  Darlene Morse                    Approved_____________________


Emma Smith, Chairman                            Stephen W. White, Vice Chairman

William Roach                                   Richard Leone

Frederick Gallup