August 15, 2022 | Town Admin TOWN OF SUTTON Pillsbury Memorial Town Hall 93 Main Street Sutton Mills, NH Sutton Mills, NH 03221 Select Board August 15, 2022 @ 4:30 p.m. Dane Headley, Selectman, opened the meeting at 4:30 p.m. with the Pledge of Allegiance. Present at the meeting were: Dane Headley, Chair; Michael McManus, Selectman; Wally Baker, Jr., Selectman; Debbie Lang and Henry Howell, Conservation Commission; Bruce Ellsworth and Cynde Robbins, Blaisdell Lake Protective Association (BLPA); Sonia Androphy, Gregory Rusnica, Pamela Bohanan, Wade Peters, Bruce Androphy, Stephen King, Bruce Kozikowski, and Elly Phillips, Town Administrator. At 5:30 p.m. Selectman Headley opened a public hearing to discuss a proposed ordinance for No Through Trucking and Prohibited Trucking on Gile Pond Road pursuant to RSA 41:11 and RSA 47:17, VII and VII. Selectman Headley advised that the proposed ordinance is to supersede the ordinance adopted on January 13, 1992. Selectman Headley stated that a resident of Gile Pond Road who was quite concerned about the amount of trucking on Gile Pond Road brought the matter to the Board’s attention. Gile Pond Road is a heavily used access to Route 114. The resident felt that it would be safer and more appropriate if the trucks were rerouted along North Road. Currently, there is an ordinance in place that was adopted in 1992. However, some of the language and statutory language was obsolete and did not provide for exceptions if necessary. Copies of the ordinances were provided to those present. Chief Korbet recommended the proposed language to address these issues. Mr. Kozikowski asked if the ordinance pertained only to trucks. The weight limit for the trucks was 26,000 lbs. Selectman McManus discussed CDL requirements and weight limits. It was noted that overweight trucks have easy access over North Road. Exemptions to the restrictions are as follows: Town Vehicles in the normal performance of their Emergency Vehicles in the normal performance of their duties School bus as defined in NH RSA 259:96, in the normal performance of their duties. Public utility vehicles in the performance of their duties. Vehicles of Private Contractors engaged to perform work on behalf of the Town of Sutton. Vehicle making local deliveries within the excluded portion of the roadway. When a “motor truck” is being operated at the direction of a Police Officer or as directed by Emergency Responders in the performance of their duties. Mr. Rusnica discussed the excessive trucking on Gile Pond Road, and said we have to put a stop to it. Mr. Androphy provided the following remarks for the record. Mr. Androphy thanked the Board for fast tracking this matter. He said that there are two compelling reasons to adopt the ordinance. The first is safety. To understand the issue, you have to look at the topography of Gile Pond Road. From I-89 there is a slight rise then a long downhill portion to a “gully”. Mr. Androphy resides at the bottom of the gully. There are residences on one side and the middle school on the other side. Trucks are coming from I-89 at high speeds, way above the speed limit, posing a danger to other motorists, pedestrians, cyclists, and wildlife. Mr. Androphy noted that there is no way to prevent all accidents on Gile Pond Road. However, we should do what we can to prevent a potentially horrific accident. Mr. Androphy’s second point was that Gile Pond is beautiful, tranquil, and undeveloped. The pond is full of fish and is a habitat to wildlife such as loons, beavers, and otters. The noise is disruptive. Mr. Androphy observed that the Select Board and Planning Board has made a commitment through the Master Plan and Zoning Ordinance to preserve the character of the community. The disruption caused by the trucking is inconsistent with that objective. Mr. Androphy added that there is a great alternative to using Gile Pond Road which is North Road. Mr. Androphy suggested that the signage be installed before they enter the road as well as on the road so that truckers are alerted to the weight restrictions prior to entering onto Gile Pond Road. Selectman Headley acknowledged the points that Mr. Androphy raised noting that cyclists often use Gile Pond Road. The difference between Gile Pond Road and North Road is that you don’t have the blind areas that are on Gile Pond Road. It was noted that the sight distance on North Road was excellent. Selectman Baker added that there is only one residence right off of North Road. Enforcement of the ordinance was also discussed. There being no further comments from the public. Selectman Headley advised that since Chief Korbet was unable to attend the meeting this evening that the matter will be continued until 8/22/2022 at 5:15 p.m. At 6:00 p.m., Selectman Headley opened the hearing to consider a request by the Blaisdell Protective Association and Sutton Conservation Commission to designate the section of NH Route 114 from Watkins Avenue to Jolly farm Road as “Low Salt Roadway” in accordance with NHDOT Snow Removal and Ice Control Policy, O&M 1. Representatives of the Conservation Commission and the Blaisdell Lake Protective Association (BPLA) were present to address the matter. Selectman Headley stated that the Board will be seeking input from the Superintendent of Schools, the Police Chief, the Fire Chief and the Rescue Chief. Debbie Lang, representing the Conservation Commission and Bruce Ellsworth and Cynde Robbins representing the Blaisdell Lake Protective Association (BPLA), were supporting the request. Ms. Lang advised that they had discussed the matter with the Select Board who supported their request but wanted the other approvals and to bring the matter up before the citizens. Ms. Lang noted that even if the request was approved, it would be at the discretion of the plow operator to add enough salt for the safety of motorists. Ms. Lang said that the goal was to increase awareness that Blaisdell Lake and Russell Pond would be better off if we could use less salt. Jenn McCourt, of McCourt Engineering, checked out winter driving on four roads in the New London area that are on the low salt program and found them to be safe. Ms. Lang noted that once all the signatures are obtained, the DOT will consider the request. Stephen King asked if the Town was using lower salt on local roads in proximity to the Lake. Mr. King was advised that the Town uses a sand and salt mixture to treat the roads. The State uses a salt treatment. Mr. King said that he lives on 114 at the end of Johnson Hill Road and has observed several accidents on or near his property and discussed spin outs near Bailey Road. Mr. King suggested that a speed limit of 30 mph in that area would help to prevent accidents. Mr. King felt that there is a public safety issue at that particular stretch of road. Selectman McManus advised that speed limits were a different issue. The State would need to be petitioned separately regarding the speed limit. Mr. Kozikowski asked if the testing levels warranted low salt application. Ms. Lang replied that the Department of Environmental Services notified the BLPA of increased levels. The levels are not at a critical point right now, but they are trending in the wrong direction. Rather than waiting for it to become a problem, the goal was to try and do something now. Mr. Ellsworth elaborated that the conductivity levels are becoming high. They were going down, but in recent years they have started to increase. Mr. Kozikowski said that from the beach to Watkins Road there is going to be glare ice because of water coming off the hill and that many motorists have problems there in the winter. It was reiterated by Mr. Ellsworth that the DOT drivers have the authority to use their discretion to apply more salt if they determine it is necessary. No one is asking for a total elimination of salt. Mr. Ellsworth felt that even posting the signs notifying of the low salt application may cause drivers to use more caution. Selectman Headley observed that is the gist of the problem, weighing safety with the environmental aspect. When asked about potential liability to the Town regarding the designation, Selectman McManus summarized the process for designating a low salt area on State roadway in that all the parties need to come together to request the designation. The State will meet to determine whether or not to grant the request. There being no further comment, Selectman Headley continued the hearing until August 29, 2022, at 5:30. Selectman Headley opened the public hearing pursuant to RSA 31:95-b regarding the acceptance of funds in the amount of $100,606.75 which is the second half of Sutton’s total funding from the American Rescue Plan Act, Local Recovery Fund, and the acceptance of up to $50,000 from the Locality Equipment Purchase Program for purchasing safety and emergency equipment needed in response to the health crisis and its negative effects. Selectman Headley said that the Select Board has no issue with this. Mr. Kozikowski asked what the funds will be used for and was advised that the money will be used for the Grist Mill Parking area, the Sutton Free Library and Pillsbury Memorial Hall slate roofs, equipment, and other eligible municipal uses. It was noted that the debris blower was purchased with these funds. Eligible municipal uses were discussed. Mr. Kozikowski objected to the acquisition of the debris blower noting that this piece of equipment was voted down (in 2020). Mr. Kozikowski asked if the town planned to buy any more equipment with these funds opining that equipment costs the Town money down the road. Mr. Kozikowski did not support the acceptance of the funds, because “free money is never free.” Selectman McManus said that if the funds were already allocated, if they were not accepted, they would just be used elsewhere. It would be paid for no matter what. Mr. Kozikowski expounded on his concerns regarding maintenance of the leaf blower. Selectman McManus explained that when you grade roads, if you pull organics into the road and they mix with gravel, within two weeks it deteriorates and potholes form. The organics need to be moved so that you can get to the edge of the road to allow for drainage. Mr. Kozikowski objected to all the equipment that keeps coming in. He felt that instead of just keeping the roads functional, now the Town is building roads. Mr. Kozikowski said that road work was done on Kearsarge Valley Road, now were doing Roby Road and Shaker Road. Selectman Baker observed that the debris blower was more efficient and cost effective than hand raking and shoveling a ditch. Selectman Baker moved to accept $100,606.76 from the American Rescue Plan Act Local Recovery Fund. Selectman McManus seconded the motion. The motion passed by a unanimous affirmative vote. Selectman McManus moved to accept up to $50,000 (with a 10% match of $5,000) from the Locality Equipment Purchase Program for purchasing safety and emergency equipment needed in response to the health crisis and its negative effects. Selectman Baker seconded the motion. The motion passed by a unanimous affirmative vote. Selectman McManus made a motion to approve the August 8, 2022, minutes as written. Selectman Baker seconded the motion. The motion passed by a unanimous affirmative vote. The Board reviewed and approved the following Manifests: Vendor Manifest: $79,041.24 Payroll Manifest: $16,308.25 BUILDING PERMITS: The Board reviewed and approved the following building permits: Mary Michetti, 06-211-475, Corporation Hill, for a standby generator. James & Kathryn Mathias, Map 10-406-263, Summit Road, for a 3-bay garage with guest quarters. OLD BUSINESS: On behalf of the Board, Selectman Headley executed the Grist Mill Parking Area agreement with KA Stevens for construction of the Grist Mill parking area. On behalf of the Board, Selectman McManus executed bills of sale for abandoned property on located on Town-owned property, Sutton Tax Map 01-407-067. The Board discussed the scope and statement of purpose provided by Glenn Pogust regarding the Economic Development Committee. Selectman Headley emphasized the Board’s decision that Committee members should be Sutton residents. Selectman Headley advised that the Planning Board was scheduling an additional monthly meeting to work on proposed zoning amendments. Selectman Headley read into the record a memo to Townspeople regarding the procedure for disposing animal feces as follows: “Effective immediately residents disposing of accumulated animal waste are required to double bag the waste and dispose of the waste in the hopper. The Solid Waste attendants are not required to handle this material. The Solid Waste Facility is for residential waste only. If you have any questions or concerns regarding this requirement, please contact Elly Phillips, Town Administrator, at 603-927-2403 so that she can schedule a time for you to meet with the Select Board.” The Board agreed to meet with a Karen and Stefan Timbrell regarding the denial of their 2021 Tax appeal on Wednesday 8/31/2022. Phillips will follow up with the Assessor to schedule the meeting. NEW BUSINESS: The Board received notification from Heidi Thoma advising that the Strut In Sutton 5K Fun Run ‘ Round Kezar Lake will be held on 9/25/2022. The Board discussed the Highway Block Grant Notification. The town has received a one time payment in the amount of $95,562.42 which can be used to supplement municipal budgeted funds to repair and maintain Class IV and V roads or acquire the equipment necessary to maintain these road. In addition, there will be a one time appropriation in the amount of $64,812 for providing services that repair, maintain, and construct municipal bridges. Selectman Baker discussed potential uses for the funding. The Board will meet with Adam Hurst, Road Agent, to obtain his recommendations. SELECTMEN’S COMMENTS: Selectman Baker reported on the site inspection of the Old Store Museum that he conducted along with Jack Noon, Historian. In the second room, there is deterioration of the plaster on the back wall which needs to be removed. Mr. Noon will check with the Historical Society to see if that can be replaced with sheetrock. There are vines growing through the building on the far righthand corner. There is rotting on the bottom of the side door and runoff from the roof is destroying the sill. Selectman Baker and Mr. Noon felt it would be best to remove the side porch and replace it with granite steps using granite from the Grist Mill site. Removal of the porch will solve the rotting problem. Landscaping work is required in the rear as well as the removal of an apple tree that is comprising the structure. Selectman McManus suggested that this work could be done by volunteers. Selectman Baker also suggested that a drainage ditch in the rear. Selectman Baker volunteered to do some of the required stonework. The clapboards along the 20’ X 20’ backwall need to be stripped and re-sheathed with plywood and re-clapboarded. There is also a window that needs to be reframed and the window re-sashed. The second part of the building to the left which is 20’ X 10’ has similar issues and requires similar repairs. Selectman Baker will work on a bid for the exterior repairs and painting. There being no further business, the meeting was adjourned at 6:29 p.m. Respectfully submitted, Elly Phillips Town Administrator