August 19, 2019 | Town Admin TOWN OF SUTTONPillsbury Memorial Town Hall93 Main Street Sutton Mills, NHSutton Mills, NH 03221 Select Board Meeting August 19, 2019 @ 4:00 p.m. The meeting was called to order at 4:00 p.m. by Dane Headley, Chair. Present at the meeting were: Dane Headley, Chair; Robert Wright, Jr., Selectman; Robert DeFelice, Budget Committee Chair; Glenn Pogust and Betsy Forsham, 26 Grist Mill Street Committee, Sharon Kenrick and Betsy Fowler, David Burnham, and Elly Phillips, Recording Secretary. The minutes from August 12, 2019, were approved as corrected. APPOINTMENTS: At 4:15 p.m. Glenn Pogust and Betsy Forsham of the 26 Grist Mill Street Committee met with the Board. Selectman Headley recused himself from the Chair as he also Chairs the 26 Grist Mill Street Committee. Selectman Wright assumed the Chair for the discussion. Betsy Forsham informed the Board of an opportunity to obtain a grant from the New Hampshire Preservation Alliance in the amount of $500.00. The Alliance would provide $400.00 in funding and the Town would be required to put in a $100.00 match. The grant would be to determine the historic value of the buildings and options for preservation and provide a professional drafted site plan. Committee members shared differing opinions on whether the input was necessary as the committee has already developed sketches. Other Committee members felt that the historic aspects should be explored. The Committee is still in process of determining what the scope of the grant is. The Committee respectfully requested that the $100.00 match be disbursed from professional services to be used only if the grant is determined to be of use to the committee/citizens. The committee would like the grant to be completed prior to the 9/26 public meeting. Repurposing the buildings would be the focus of the grant. Selectman Headley explained that the New Hampshire Alliance that the Alliance would do a site plan with the existing buildings and a parking area/park. The Committee is also looking at retaining the building only (not the El and the barn). After the plan is done, the Alliance would come back with potential uses. It was noted that Bob DeFelice has drafted plans for the committee’s use so some of the members felt that the drawings were unnecessary, others felt that it might be useful to have professional plans drawn up. Mr. DeFelice suggested speaking to an architect regarding the code requirements if an existing house is used for storage only. Selectman Curless made a motion to approve the expenditure of $100.00 for the purpose of applying for a grant through the New Hampshire Preservation Alliance should the committee choose to pursue that opportunity. Selectman Wright seconded the motion. The motion passed by a vote of 2-0 with Selectman Headley abstaining. Mr. Pogust sought permission to consult with legal counsel regarding potential ADA requirements if the dwelling is used purely as a storage facility. No employee would be required to go into the building by job description. There would be no workspace in the building. Mr. DeFelice felt consulting an architect would also be a good idea. The Board agreed that the question will go to Counsel. At 4:35 p.m. the Board met with Sharon Kenrick and Betsy Fowler regarding Andrews Avenue. Mrs. Kenrick provided pictures which depicted a buildup of the road from the 1990’s to present. Mrs. Kenrick showed a picture of the stone wall that her husband had built in 1990. Mrs. Kenrick also submitted letters from the Fowlers complaining about the excessive amount of gravel used to maintain the road. Mrs. Kenrick and Mrs. Fowler indicated that the road level was causing materials from the road to run down the stream and deposit on the beach. The Board will have Adam Hurst, Road Agent, review the file presented, assess the condition of Andrews Avenue and report back to the board with his recommendations. At 5:30 p.m. Selectman Headley made a motion to enter into Non- Public Session under RSA 91-A:3, II(d) Consideration of the acquisition, sale or lease of real or personal property which, if discussed in public, would likely benefit a party or parties whose interests are adverse to those of the general community. Selectman Curless seconded the motion. The Board was polled with Selectman Headley, Selectman Wright and Selectman Curless voting in the affirmative. Public session reconvened at 5:51 p.m. Selectman Wright made a motion made to seal the minutes because it was determined that divulgence of this information would likely render a proposed action ineffective. The roll was called with Selectmen Headley, Wright, and Curless voting in the affirmative. The minutes were sealed. REVIEW OF MANIFESTS: The Board reviewed and approved the following manifests: PAYROLL MANIFEST: $10,213.00 VENDOR MANIFEST: $11,384.78 OLD BUSINESS: At 5:07 p.m. Selectman Wright made a motion to enter into non public session under 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, unless such person requests an open meeting. This exemption shall extend to include any application for assistance or tax abatement or waiver of a fee, fine or other levy, if based on inability to pay or poverty of the applicant. Selectman Curless seconded the motion. The Board was polled with Selectman Headley, Selectman Wright and Selectman Curless voting in the affirmative. Public session reconvened at 5:21 p.m. Selectman Wright made a motion to seal the minutes as they might affect adversely the reputation of any person other than a member of this Board. The motion was seconded by Selectman Headley. The Board was polledand the motion passed by a unanimous affirmative vote. Selectman Wright read into the record the Stotler Decision as follows: “A show cause hearing was held on August 13, 2019. On the basis of the arguments, offers of proof and evidence submitted by the parties, the Court finds that the defendant, Christopher Stotler, has not made any meaningful progress in cleaning up his property in the four months following this Court’s initial order dated April 12, 2019. The Court therefore GRANTS the Town’s request for an attachment in the amount of $130,000 for accumulated fines ($275 per day from April 27, 2018 to present) and attorney’s fees as authorized by RSA 676:17. The Court also GRANTS the Town permission to take steps to clean up the property should it elect to do so as a form of preliminary injunctive relief and recover the reasonable expenses for doing so from Mr. Stotler as a consequence of his non-compliance with multiple prior court orders. Mr. Stotler must fully cooperate with any efforts by the Town to clean up his property. A hearing shall be scheduled as soon as the docket allows after October 1, 2019. With the exception of the $5,000 fine for contempt and attorney’s fees already awarded and which the Town is authorized by statute to recover, the Court defers imposing the full amount of the remaining fines at this time. At the further hearing, which will be an evidentiary hearing, this Court will address any request for permanent injunctive relief, as well as the extent of the fines imposed under RSA 676:17. The Court will give both sides an opportunity to present evidence regarding the status of the property at that time. If Mr. Stotler is able to show that he has cleaned up his property to the extent that it is no longer a junkyard in violation of the local ordinance, the Court may not impose the full amount of allowable fines. The Court will set aside one hour for the hearing but either side should let the clerk’s office know within ten days of this order if more time will be needed for that hearing.” The Board will consult with Counsel regarding next steps. Mr. DeFelice cautioned the Board to bear in bind potential clean up costs as part of the budget process. Glenn Pogust suggested that the Town might have retain an authorized salvage dealer as part of the clean up effort to help reduce potential costs. The Board having received feedback from Counsel that the Town will need to enter into a formal maintenance easement with the North Sutton Improvement Society. Counsel indicated that the Town can continue plowing snow and do maintenance on the parking area this year. However, a maintenance easement will need to be considered at the 2020 Annual Meeting. The next steps will be for the Road Agent to visit the site and arrive at an estimate for materials The interested parties, North Sutton Improvement Society and KLPA will need to provide compensation for any materials used on the lot. Finally, the North Sutton Improvement Society, KLPA and Conservation Commission will need to meet with Mr. Hurst to arrive at a plan and timetable for the project. Phillips will coordinate the effort. The North Sutton Improvement Society and KLPA will need to compensate the town for any materials used on the lot. A question arose regarding the highway department installing gates on Conservation Commission property. The Board felt that the installation of gates was not within the scope of Highway Department duties. The Board will notify the Commission that they should engage a qualified third-party contractor for the installation of the gates. The Board issued correspondence to Jack Noon authorizing withdrawal of funds from the Historical Records Non-Capital Reserve Fund for the purpose of restoring historical records. The Board commended Mr. Noon’s efforts at arranging the materials and tools at the museum. Action on the Sutton Conservation Commission’s strategic plan was deferred to the following week. Department Head Employee evaluation worksheets have been completed by the Board. The Board will begin scheduling the performance evaluations in the coming weeks. NEW BUSINESS: The Board received copies of the Solid Waste Facility Operating Plan, Septage Lagoon Procedures, Closure Plan for review and update at their next regularly scheduled meeting. The Board received correspondence from Emilio Cancio-Bello expressing concerns regarding the condition of Blaisdell Hill Road. The Board will convey those concerns to Adam Hurst, Road Agent The Board received a draft job description that better described the Bookkeeper/Assistant with the Town. Selectman Headley asked that hours for the position need to be added. The Board will further review the job description and take it under consideration for adoption at their next regularly scheduled meeting. SELECTMEN’S COMMENTS: Selectman Wright shared his thoughts on Old Home Day which was a very successful event. Dick Dutton presided. Don Cox was the organist. Selectman Headley added that the Old Store and Old School were open and that visiting them was worth seeing. There being no further business, the meeting was adjourned at 5:56 p.m. Respectfully submitted, Elly Phillips Town Administrator