TOWN OF SUTTON

Pillsbury Memorial Town Hall

93 Main Street

Sutton Mills, NH 03221

Select Board

August 7, 2023, 5:00pm

 

 

PLEDGE OF ALLEGIANCE:

Dane opened the meeting at 4:58 pm with the Pledge of Allegiance.  Present at the meeting were:  Dane Headley, Chair; Walter Baker, Selectman; Michael McManus, Selectman; Robert DeFelice, Budget Committee Chair; Glenn Pogust, Planning Board Chair; Peter Stanley, Planning and Zoning Administrator. Joseph Driscoll, Town Counsel; David Grinsell, Town Administrator; interested members of the public and Lynne Grinsell, Recording Secretary.

APPOINTMENTS

Glenn Pogust reported that Peacock Hill is moving in the right direction.  Stumps have been removed, driveways have been stabilized, house lots have been loamed or mulched.  Areas that have been loamed were hydroseeded.  The recreation field has been completed, and Peacock Hill has provided a schedule for beginning construction of the road.  Mr. Fitzgerald is working with our engineers who visit the site every day.  The Town’s engineer has reported that everything is moving in the right direction.   Peacock Hill’s engineer, who is testing, has provided our engineer with the results.  The Town’s engineer will follow through with supervision of the construction of the roadbed, grading, and installation of drainage features along the road.  The catch basin with a runoff to the retention pond was open so that you could see it. Driveway culverts are in the process of being installed and are being left open for inspection purposes.  The contractor doing the work has displayed a high level of professionalism.  In addition, some wells have been installed.  DES and not the Town, has jurisdiction over the installation of the wells, and common land is factored into setback requirements for where the wells are located.

 

Joseph Driscoll, Town Counsel, presented a summary of the lawsuit that was brought by the Town.  Attorney Driscoll reported that  an initial hearing has been conducted to get a preliminary injunction to maintain the status quo during the case.  The main issues were that Peacock Hill made violations that were not rectified.  The initial injunction called for no work to be done until the outstanding violations were addressed.  Next week a hearing has been scheduled for the Judge to check in on adherence of the agreement to fix the violations. The expectation is the judge will maintain the status quo that was built into the agreement between the parties.  Under the agreement, the Town already has the best result that you are going to get out of the court.  The lawsuit will continue, and a trial date will be scheduled.  The trial will be 9 months to a year from the date of the hearing.  The Town is communicating regularly with Peacock Hill Counsel who are providing updates on the project.

 

Selectman McManus asked whether building permits could be issued while litigation was ongoing.  Attorney Driscoll responded in the affirmative.  Mr. Pogust noted that Peacock did submit 8 permits that were denied because all information was not present.  Additional requirements were requested such as setting boundaries and providing drainage plans.  The developer cannot apply for building permits until those are done. He will be required to definitively indicate what kind of houses will be built to verify that drainage requirements are being met.  The Planning Board will verify when these tasks are completed.

 

Mr. Pogust discussed a complaint that was made to the DES. The AOT will not be an issue because of stabilization. The Town reviewed wetlands regulations and didn’t see any issues.  Our position is that when the DES inspects, and it finds something, we’ll take whatever action is necessary.   Mr. Stanley verified that the developer is following the plans. Except for the buffer, which has not been verified yet, Peacock Hill is in compliance with all of the recommendations.  Appropriate remediation might be necessary for breaching the buffer. Mr. Pogust noted that the Town is not leaving the lawsuit against Peacock. They will continue to watch the activity at the jobsite.  When the houses are erected the building inspector will be on site to ensure the houses meet the Town ordinance. No one is allowing the contractor to get away with anything, adding that the Town shut down the job site for several months until violations were addressed, and the previous work performed was brought into compliance.

 

Lillian Park will be going back to her group (some concerned residents in the development’s neighborhood) with the information that is being provided.  They still believe that mistakes are being made and there will be future consequences.  They intend to continue to report the violations that they feel have occurred. Ms. Park does not believe that this project should have passed zoning. Mr. Pogust responded that all violations have been cured and explained that the Town only has specified jurisdiction over the project.   Ms. Park believes that the work is still shoddy as citizens in the neighborhood have documented.

 

Peter Stanley investigated the site during the rainy season and confirmed that the conditions of the soil were such that the rain did not flow offsite.  The land was stable.  Assuming that the drainage is constructed properly, he does not believe that there will be any future issues to downstream properties.  Improvements are being made.  Mr. Stanley stated that we are beginning to see improvements in the way this project is being conducted.  The engineer will continue to perform inspections and Mr. Pogust and Mr. Stanley will continue to inspect the job site as well.

 

Mr. Pogust noted that the Planning Board has a lot of other work going on and that he is getting multiple emails and telephone calls on Peacock Hill, including at night. Ms. Park responded that if he is called about the matter, he needs to be respectful.  Multiple voices began speaking. Chair Headley brought order back to the meeting saying that he lauds the work of Mr. Pogust and Mr. Stanley and that they have superseded their responsibilities in the matter. Ms. Park continued to repeat her concerns over the subdivision speaking over the Select Board Chair. Chair Headley requested several times to Park to let him speak without continuously interrupting. Headley again noted all the progress that has been made in the last few weeks.  He encouraged Ms. Park to go ahead and make any assessment of what she feels is right or wrong and take her concerns to the Planning Board, who in turn will make town counsel aware of her issues. Chair Headley continued that there are state regulations that dictate what the Town can legally do going forward.  Ms. Park acknowledged that she understood. Chair Headley continued that as matters progress, she will have the opportunity to meet with the Planning Board and Board of Selectman as she and her group have done previously. Mrs. Parks challenged Chair Headley, who responded that the Town goes through Town Counsel on this matter and relies on their advice. He mentioned again that any communication received from the public is sent to Town Counsel as well.  At this point, Chair Headley noted that it was time to move on with the remainder of the meeting.

 

NON-PUBLIC SESSION

 

Non-Public Session RSA 91-A:3 II (L)

At 5:34 p.m., a motion was made by Chair Headley to enter into a nonpublic session per RSA 91-A:3, II (L), Legal Matters.  The motion was seconded by Selectman McManus and a roll call vote to enter into nonpublic session was taken with Chair Headley, and Selectmen Baker and McManus responding in the affirmative.   Public Session reconvened ed at 6:00 p.m.  Selectman McManus made a motion to seal the nonpublic minutes because they pertained to a legal matter pending. The motion was seconded by Chair Headley and passed unanimously.

 

Once public session reconvened, Selectman McManus made a motion to seal the nonpublic minutes because they pertained to a legal matter pending. The motion was seconded by Chair Headley and passed unanimously.

 

CONSENT AGENDA

 

Minutes

Selectman Baker made a motion to  adopt the minutes of 7-31-23 as written.  Selectman McManus seconded the motion.  The motion carried, and the minutes were approved.

 

Manifests

The board reviewed and approved the following manifests:

Payroll:                 $16,538.54

Vendor:                $19,664.45

 

Building Permits

TA Grinsell indicated that Peter Stanley, Land Use Coordinator, reviewed the building permit for 05-353-440, Mastin Road for a single-family dwelling over a garage.  As requested by the Select Board, corrections were made.  The permit was resubmitted and approved.  The building permit for Cerberus Kearsarge RE Trust Map/Lot 03-022-098, Beaver Pond Road for a dwelling was approved.

 

New Business

TA Grinsell provided a spreadsheet to the Board and Budget Committee Chair Bob DeFelice depicting the town’s liability for unused employee vacation time.  He advised the Board that the accrued vacation is excessive because employees are not taking vacation time and instead are banking their time to use as an additional retirement vehicle.  He mentioned two problems: How to pay for the accrued liability, and how to mitigate this from occurring again going forward.  Budget Committee Chair DeFelice reported that the vacation accrual process follows the town manual, which says that once the employee has accrued 240 hours, the employee stops accruing vacation time. Mr. Defelice indicated that the Board needs to determine when each employee was hired and the version of the personnel manual under which they fall. Selectman McManus suggested that each department’s budget take care of the accrued liability of the employees within that department.  Mr. Defelice indicated that since vacation hours/pay comes directly from the department itself, it is appropriate to pay for the accrued liability amount from each department’s budget.  TA Grinsell suggested that we pay everyone for what they have already accrued and create a policy that will encourage employees to take their vacation by limiting the days that can be carried forward.  A conversation followed where it was determined that the Board would reconvene on this topic, develop a flexible vacation plan, and have Town Counsel review the process and plan to learn if there are any legal implications.  TA Grinsell will include the matter on a future Board agenda.

 

NHPDIP/State Retirement Plan.

Budget Committee Chair DeFelice indicated that his investment source is in favor of leaving trust fund money with NHPDIP, New Hampshire Public Deposit Investment Pool.  DeFelice stated that having the funds with NHPDIP, while not earning interest, the Town did not lose any principle. Based on other town’s MS 9’s, he noted that those towns not with NHPDIP lost principle. Selectman McManus asked how we feel about not having the Town funds insured, as they would be with Bar Harbor Bank. Chair Defelice reviewed the advantages of investing with NH PDIP with the President of Cambridge Trust Bank, New Hampshire Division, and he became comfortable with our financial position at this time.

 

DeFelice noted that some towns use their capital investment firms to prepare the MS 9 and 10’s.   However, there is a charge for it. Currently, the town is receiving 5.73% and other investment firms are at around 3.2%.  DeFelice discussed the challenges of completing the MS-9 and MS-10.  He further noted that while many Towns show their full MS-9/10, he felt the summary was more appropriate for the annual report.

 

Budget Chair Defelice wants to do the new reporting for this year and will show it to the other trustees so that they can complete the reports in the future.   Selectman McManus complimented Mr. DeFelice on his knowledge and expertise in completing the MS-9 and 10 and suggested that the Town explore the option of having the banks prepare these forms in the future.  DeFelice said that the charge to have the banks prepare these reports would likely cost in excess of $5,000.  The Board discussed various options for reporting and methods to simplify the process. Mr. DeFelice discussed the complexities in reporting on the cemetery trusts and proposed changes to the reports provided by the Towns Trustees for the annual report.  He also discussed the investment and disbursement process.  TA Grinsell recommended doing electronic investment transactions initiated by the Town Treasurer.  Wire transfers can be accomplished for a minimal fee.  Treasurer Call discussed the option of moving Capital Investments to Bar Harbor Bank to expedite transactions. DeFelice will follow up with NHPDIP regarding electronic transaction and get cross trained in the funding process.

 

Selectman McManus asked if money from the State or Federal Government (i.e., ARPA, American Rescue Plan Act) that is earmarked for specific purposes, can be invested and the interest earned given back to that specific fund or is the interest earned deposited into the Town General Fund? TA Grinsell will ask Town Counsel to review Selectman McManus’s inquiry to determine if interest earned on grant funds can be given back to the budget item that includes the grant funds.

 

Non-Public Session RSA 91-A:3 II (c). 

At 6:43p.m. a motion was made by Chair Headley to enter into a nonpublic session per RSA 91-A:3, II (c) Matters which, if discussed in public, would likely affect adversely the reputation of any person, other than a member of this board. The motion was seconded by Selectman McManus and unanimously approved.  Roll call was taken with Chair Headley, and Selectmen Baker and McManus responding in the affirmative.

 

Once public session reconvened Chair Headley made a motion to seal the nonpublic minutes because it is determined that divulgence of this information likely would affect adversely the reputation of any person other than a member of this board. The motion was seconded by Selectman McManus and passed unanimously.

 

Fuel Bid for 2023 – 2024 Heating Season.  TA Grinsell reviewed the Town’s estimated heating fuel usage for the 2023-2024 heating season and the Board provided permission to lock into the tri-town rate.

 

Democratic Committee Use of Town Hall.  David Bates has requested that they use the town hall on August 20^th.  As long as it is a town function, and all citizens are allowed to participate (all parties), they are welcome to use the hall.  Liability insurance was discussed and TA Grinsell will follow-up.

 

TDS Telecom licenses to install poles Blaisdell Hill road & Newbury Road – Merrimack Telecom/TDS request for permission to erect two new utility poles on Newport Road and Blaisdell Hill Road was approved by the Board.

 

Resignation of Kathy Frey as Deputy Tax Collector.  TA Grinsell notified the Board that Ms. Frey resigned from the Deputy Tax Collector position. Another potential candidate is being contacted about the opportunity.

 

Old Business

Grist Mill Parking Lot Drainage Issue – A discussion was held about the rain impacting the ability to excavate a test pit.  The Board decided to wait until Peter Stanley, Land Use Coordinator, returned from vacation to address the matter. The contractor has been placed on notice about the drainage issue well in advance of the 1-year anniversary of when the project was completed.

 

The Box Culvert Keyser Street project – The Board engaged in a discussion about purchasing the box culvert structure now to avoid a 10% to 15% price increase in 2024.  They also discussed that there is not enough time left in 2023 to schedule the installation and complete the project. The board requested that TA Grinsell have Road Agent Hurst meet with the Board on 8/14 and provide firm numbers on the cost of the project now that final plans have been received. TA Grinsell noted that funds are available based on preliminary cost numbers previously given to the Board.  Selectman McManus suggested that instead of installing the box culvert, the funds could be used to purchase a roller to compact the dirt roads and a trailer.  This would reduce having to grade the roads several times a year.

 

Library MOU Review – Chair Glynn and the Library Board of Trustees are unavailable to meet with the Board until September to discuss the MOU and other related library matters.

 

W Puskas Title Abstract Update.  TA Grinsell expects a call tomorrow at 11 a.m. regarding the Puskas title abstract. It is anticipated the updated abstract title will be provided to resolve this land issue.

 

Building and Grounds Maintenance – A help wanted advertisement was placed in the Intertown Record for this week.

REVIEW OF CORRESPONDENCE:

TA Grinsell notified the Board that the NHDOT – State Block Grant Aid for 2024 will be $113,519 and the first $34,000 payment has been received, the Town received the appropriation request of $72,213 from Dartmouth Health for New London Hospital Ambulance services and the DMV completed their audit of the Town Clerk’s records praising Beth-Holly LaDuke for an exceptional job.

 

The meeting was adjourned at 7:46 p.m.

 

Respectfully submitted,