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Selectmen's Minutes 11/20/2006
TOWN OF SUNAPEE
BOARD OF SELECTMEN MEETING
TOWN HALL

November 20, 2006


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

OTHERS:  Police Chief David Cahill, Helen Charpentier, Jackie Smith, John Walden, Carolyn Dube (Argus Champion), Carolyn Townsend (Intertown), John Chiarella, Michael Chiarella, Paul Pratt, Artie Osborne, Leena Mark and Charlie Hirschberg.

PUBLIC HEARING - Parking in Sunapee Harbor

Chairman Smith opened the public hearing at 7:00 PM.  Donna Nashawaty summarized the old ordinance adopted in 2005.  She passed out the ordinance with the changes made as recommended by the Board of Selectmen.  A copy of this is attached to the file copy of these minutes.  D. Nashawaty presented a chart (also attached to file copy of the minutes) which depicted the parking sections and their hourly rates.  Amendments to the ordinance sets that parking will be in effect Memorial Day to Columbus Day from 7 AM to 7 PM.  Riverway will be approached to see if they will use the same effective dates and times as the Town on their privately owned parking lots.    Richard Leone inquired about lot B.  D. Nashawaty explained that this will be a 6 hour parking lot, used primarily by employees in the harbor area as well as the Riverway lots.  She further explained that the town now rents a lot from Riverway for $1,000.00 per year.  This lot was used primarily for the old Police Station.  Stephen White suggested that the Riverway rental be discussed at the next meeting since the Police Station has moved.  Richard Leone expressed concern that employees in the harbor will be ticketed.  Chief Cahill stated that brochures will be made and handed out in the beginning of May that will explain the parking and limitations.  Stephen White asked about ticketing on private property such as the Riverway lots.  Chief Cahill stated that this was allowed by law as it is a public way.   Artie Osborne stated that he felt the upper lot needed to be enlarged for the ordinance to be workable.  Chief Cahill will plan to have 4 to 5 hour shifts this coming summer to support the ordinance and will come back with a report for the Board at the end of summer.   Richard Leone again expressed the need for some long term parking and that he doesn't like to see many vehicles being ticketed in the harbor area.  Emma Smith stated that the ordinance will be revisited at the end of March or beginning of April 2007.   Motion was made by Stephen White to adopt the ordinance as amended in 2006.  The motion was seconded by William Roach.  The vote was three in favor and one against.  The motion carried.  Stephen White stated that the Police Chief will give the Board a report in the spring.  Fred Gallup stated that the need can change as the situation changes and this is an item that should be looked at annually.  Emma Smith closed the hearing at 7:35 PM.

Board of Selectmen
November 20, 2006

1.  PUBLIC COMMENTS

There were no comments from the members of the public.

2.  APPOINTMENTS

A.  Helen Charpentier, Jackie Smith – Carbon Coalition

H. Charpentier and J. Smith presented the Selectmen with a petition to place an article in the 2007 Town Warrant regarding the New Hampshire Climate Change Resolution.  A copy of the petition is attached to the file copy of the minutes.  The Town Clerk will be asked to check the signatures.  Emma Smith suggested that H. Charpentier and J. Smith be present at the deliberative session to explain the petition.  

B.  Jay Cruise – Grandfathering Tanks

Charlie Hirschberg and Michael Chiarella were present to represent Jay Cruise.  C. Hirschberg stated that the DES has information on the tanks on the site and DES has stated that they have no problem with putting in more tanks as long as they are installed in a different location on the property.   Well sampling is still ongoing and the levels are dropping.  Jay Cruise will take responsibility for any testing or work that needs to be done on the site.  Richard Leone questioned the Board’s authority to grandfather this since the time limit within their jurisdiction has lapsed.  The Board was presented with a copy of a letter from Town Counsel stating his opinion on the grandfathering issue.  William Roach stated that he felt the procedure as set up was not followed properly.  The owner of the property at that time was notified and was remiss in requesting that the use be grandfathered.  Stephen White urged the Board members to look at what was being done to the property and the improvements being made. He would like to see a decision be reached tonight.  William Roach stated that he felt this was an example of “buyer beware”.  Richard Leone again expressed concern that the Board will supercede the policy.    Donna Nashawaty recommended that later in the meeting, the Board enter in a non-meeting conference to discuss this matter.

3.  ITEMS FOR SIGNATURE

See a copy of the agenda attached to the file copy of the minutes.

4.  SELECTMEN ACTION

A.  Master Plan Review

This item will be placed on an agenda in December to check budgets to see if there is any money that may be used by the Planning Board for the Master Plan review.
Board of Selectmen
November 20, 2006

B.  County Letter

Donna Nashawaty presented the Selectmen with a copy of a letter received from the County Manager in response to the Selectmen’s request for budget explanations.  The letter does not specifically address the questions asked by the Board.  A copy of the county budget was sent with the letter.  The next meeting of the ESCAPE committee is scheduled for December 7.  The letter will be discussed at that time with committee members.  William Roach said he still had questions, such as what was charged off from the budget for the county hospital, etc.?  He also still questions what the figures are for human services and the corrections department.  The new representative, Sue Gottling, has offered to file some bills for the Selectmen.  She will need guidance from the Board.  Motion was made by William Roach that Representative Sue Gottling be invited to the next Selectmen’s meeting to discuss LSR’s with the Board and to also discuss resubmission of the original 2% bill.   The motion was seconded by Stephen White.  The motion carried.

5.  CHAIRMAN’S REPORT

Emma Smith wished to remind the Board that the School Board meeting regarding the elementary school is scheduled for November 27th at 5:30 PM at the elementary school.  She believes it is very important for members of the Board to attend.

Emma Smith has a new candidate for the Budget Advisory Committee.  His name is Stephen Nilsen.  Motion was made by Fred Gallup to appointment Stephen Nilsen to the Budget Advisory Committee.  The motion was seconded by Stephen White.  The motion carried.   The certificate will be ready for the Selectmen and BAC meeting scheduled for Tues. night.

Emma Smith asked how the food pantry worked.  D. Nashawaty explained that it was overseen by the Welfare Director, Greg Vigue.  G. Vigue receives the food and makes sure the pantry does not keep items that become outdated.  Individuals and families are asked to fill out an application.  G. Vigue makes up emergency packages so that office personnel can give them out.  The food pantry is to be used on a short term basis.  Applicants are required to apply for other sources of food, such as state food stamps.  Applicants are handled on a case by case basis.  No one is ever turned down.  The Boy Scouts are currently doing a drive for the pantry.  Items needed very much are diapers, paper products, toiletries, cleansers, etc.  These are items that cannot be purchased with food stamps.   Refrigerated products and breads are not kept.  If a family is in need of these items, they might receive a voucher.  




Board of Selectmen
November 20, 2006

6.  TOWN MANAGER REPORTS

A.  NH Municipal Conference

D. Nashawaty reported on items discussed at the Local Government Center Conference she attended last week.  Some of the items were:  Tax Relief for Downtown Revitalization – this allows for tax relief for you to five years.  The assessment is frozen and this has to be adopted by Town Meeting.  D. Nashawaty will do an article for the 2007 Town Warrant.  Another addressed was the Mosquito Control Fund.  There is currently $158,000 in this fund.  Also discussed was the eminent domain law, junk yard licensing (certificate from DES will now be required), fixed penalties for zoning violations, residential code adoption, information that does not have to be filed at the Registry of Deeds, limitations of liability on the transporting of hazardous waste, state of emergency job protection, placement and removal of political advertising (police to enforce), taxes and abatements (all  materials submitted must be given back after appeal process), assessing contracts (need DRA approval), and a residency requirement of 3 years instead of 5 years to receive the elderly exemption.  D. Nashawaty, Jessie Levine (New London), Dennis Pavlik (Newbury), Norm Bernaiche and Dan Fitzgerald presented a discussion session at the conference on tri-town assessing.  About 60 people attended this session.  The Selectmen complimented D. Nashawaty for her performance and guidance in the development of tri-town assessing, stating they were very proud of her.  D. Nashawaty replied that she was proud to be a part of Sunapee.

Donna Nashawaty reported that on December 2, a program will be put on in the harbor by the Great Chamber of Commerce.  A tree lighting will be held, Santa will visit, sleigh rides will be given and there will be caroling in the gazebo.  

Donna Nashawaty presented the Selectmen with a copy of the Recreation Newsletter.  She also presented the Selectmen with a copy of a library news release that went out today.  These are attached to the file copy of these minutes.

Motion was made by Stephen White to recess the meeting at 9:40 PM.  The motion was seconded by Richard Leone.  The motion carried.

Motion was made by Stephen White to reopen the meeting at 10:25 PM.  The motion was seconded by Richard Leone.  The motion carried with one abstaining.  

Motion was made by Stephen White to extend the grandfather clause for the Jay Cruise property to allow the installation of gasoline tanks.  The motion was seconded by Fred Gallup.  

Richard Leone stated that it is his feeling that the Town needs a better grandfathering policy and would like the Town Manager to discuss this with Town Counsel to address
Board of Selectmen
November 20, 2006

residential as well as commercial properties.  Stephen White agreed.  R. Leone also stated he wanted to vote in favor of the motion, but only if the existing policy receives review and corrections.    The vote was three in favor, and one abstaining.  The motion carried.

The meeting adjourned at 10:45 PM.

Submitted by,  Darlene Morse                            Approved________________


Emma Smith, Chairman                            Stephen W. White, Vice Chairman

William Roach                                   Richard Leone

Frederick Gallup