TOWN OF SUTTON
Pillsbury Memorial Town Hall
93 Main Street Sutton Mills, NH
Sutton Mills, NH 03221
Select Board Minutes

January 2, 2024, 4:00pm

PLEDGE OF ALLEGIANCE:

Select Board Chair Walter Baker opened the meeting at 4:00pm with the Pledge of Allegiance. Present at the meeting were: Walter Baker, Select Board Chair, Michael McManus, Selectman, Alison Jones, Welfare Administrator, Glenn Pogust, Planning Board Chair, David Grinsell, and Julia Jones, Town Administrator.

 

APPOINTMENTS:

At 4:35pm Glenn Pogust, Planning Board Chair, presented a draft warrant article approved by Town Counsel, which reads:

 

To see if the town will vote to raise and appropriate the sum of $100,000 (gross budget) by obtaining a New Hampshire Department of Environmental Services Clean Water State Revolving Fund (NHCWSRF) loan for the purpose of hiring a Certified Lake Management/Engineering firm to prepare a watershed-based plan for Kezar Lake, and to authorize the issuance of not more than $100,000 of bonds or notes in accordance with the provisions of the Municipal Finance Act (RSA 33) and to authorize the Select Board to issue and negotiate such bonds or notes and to determine the rate of interest thereon for the sole purpose of obtaining that loan. The plan will address watershed scale stormwater impacts to the lake and prevent future algae blooms. Once the plan is completed, the Town will be eligible for certain grants aimed at reducing threats to the lake’s ecosystem and to remediate identified pollution threats. The bond will be in the form of a loan from the Department of Environmental Services Clean Water State Revolving Fund and the full amount of principal will be entirely forgiven when the plan is completed pursuant to DES requirements. The town will be required to pay interest on the loan amount, however, this article is contingent upon the Kezar Lake Protective Association (KLPA) depositing into escrow an amount sufficient to reimburse the town for all of those interest payments prior to the finalization of the loan agreement; as well as KLPA providing a surety to repay any portion of the principal which is not forgiven, if any.

 

Chair Pogust and the Board discussed the warrant article. A public hearing will be held prior to Town Meeting on this warrant article.

 

The Board’s interview with a candidate for Part-time Transfer Station Attendant was cancelled due to illness. At 5:17pm, Selectman McManus made a motion to extend an offer of employment to the candidate on recommendation from the Transfer Station Department Head. The motion was seconded by Chair Baker and passed unanimously.

 

CONSENT AGENDA:

 

MINUTES:                   Public and Non-Public Minutes from December 26, 2023

At 4:30pm Chair Baker made a motion to accept the public and non-public minutes from December 26, 2023. Selectman McManus seconded the motion, which passed unanimously.

 

MANIFESTS:

The Board reviewed and approved the following manifests:

Payroll:                        $          17,020.87

Vendor:                       $          27,294.83

Vendor:                       $          3,467.16

 

INTENTS TO EXCAVATE:

The Board reviewed an Intent to Excavate 1.5 acres located at Mountain Road 09-437-245. The Board agreed to have the land checked by the Land Use Coordinator or Building Inspector prior to approving the Intent.

 

BUILDING PERMITS:

 

INTENTS TO CUT:

The Board reviewed and approved an Intent to Cut 37 acres of 41 located at Dodge Hill Rd 04-323-231 subject to bonding.

 

NEW BUSINESS:

• The Town Administrator notified the Board that a Town employee’s email was compromised in a phishing attack. The scammer gained access to the Town employee’s email and sent emails to multiple contacts, including municipal employees working for other towns. CCI was contacted to resolve the issue, investigate the source of the hack, and notify affected parties. Bar Harbor Bank was contacted to verify the security of Town Funds and to discuss the possibility of restricting funds as a precaution. The Town Administrator recommended using more services already provided under the current CCI contract to prevent future attacks.
• The Board discussed the need for transparency and clear procedures for the sale of property deeded to the Town. The Board discussed the importance of securing fair market value in the sale of property deeded to the Town.
• The Board reviewed a 1-acre Release from Current Use on property located at Pound Rd. 05-922-428. The Board asked the Town Administrator to provide more information on the reason behind the release from current use prior to approval.
• The Town Administrator notified the Board that registration is full for the New Hampshire Municipal Association’s (NHMA) Academy of Good Governance 2024, as well as the Financial Policies Certificate Series 2024. The Board agreed that these were valuable educational opportunities for the Select Board and the Town Administrator to take part in. The Town Administrator will place the Board on the waitlist for the NHMA Academy of Good Governance 2024 and place herself on the waitlist for the Financial Policies Certificate Series 2024.
• The Town Administrator informed the Board of two complaints related to public use of a road maintained by the Town, which runs parallel to Corporation Hill Rd. which is sometimes referred to as “Old Corporation Hill Rd.” The Board discussed extensive research performed by the Town which found this to be a public road.

 

OLD BUSINESS:

• The Sutton Board of Selectmen will hold a Public Hearing in accordance with RSA 31:95-b at the Pillsbury Memorial Hall, 93 Main Street, Sutton Mills, New Hampshire, beginning at 4:00 p.m. on Monday, January 15th, 2024, to review and receive public comment on whether to accept a $15,000 grant made to the Sutton Conservation Commission for the management, improvement, maintenance, and stewardship of the King Hill Recreation Area. The Board reviewed and approved a public notice for this hearing, which will be advertised in multiple locations prior to the event.
• The Sutton Board of Selectmen will hold an informational meeting at the Pillsbury Memorial Hall, 93 Main Street, Sutton Mills, New Hampshire, beginning at 4:30 p.m. on Monday, January 15th, 2024, to review and receive public comment on the independent wage classification study conducted by Municipal Resources, Inc on behalf of the Board. The Board will also review and receive public comment on the Town’s new vacation policy. Town department heads and interested members of the public are encouraged to attend. The Board reviewed and approved a public notice for this hearing, which will be advertised on the town website prior to the event.
• The Town Administrator shared a response from Town Counsel regarding a noise complaint involving working dogs on Baker Road. Town Counsel advised that it is not the Select Board’s role to weigh in on disputes between neighbors regarding the dogs, unless they are enforcing a town ordinance. Town Counsel did not find a Town ordinance on point. The Town Administrator read directly from Town Counsel’s response:

Under 466:31 the Police do have the authority to take custody of dogs found to be a nuisance as defined by that statute.  The statute includes in the definition of nuisance dogs a dog barking “for sustained periods of more than ½ hour or during the night hours so as to disturb the peace and quiet of a neighborhood or area” but excludes a dog which is guarding, working, or herding livestock, as defined in RSA 21:34-a, II(a)(4).  (RSA 21:34-a, II(a)(4) defines the husbandry of livestock).  It sounds as though these dogs are not barking in connection with their guarding, working or herding livestock but I don’t know the full facts. There are penalties that can be imposed for nuisance that fits that definition, including fines, that the court (not the selectmen) can impose.  If the police do not find there is probable cause of a violation of RSA 466:31 and do not take the dogs into custody or charge the owners with a violation, the resident can presumably file a complaint with the Court.  But the resident should be advised that he should consult with his own counsel as to whether he has a claim if he wishes.  Neither the Board nor the town office should provide legal advice.

The Board asked the Town Administrator to request a visit from the Town Health Officer to conduct a site visit and review some concerns related to the property on Baker Road.

• At the request of Selectman McManus, the Town Administrator secured two more copies of the Keyser St. Box Culvert Plans from Michie Concrete. The Town Administrator will provide a copy to interested service providers for their review.
• The Town Administrator shared correspondence from Town Counsel requesting a physical address to serve property owners responsible for building activity on North Rd. The Town Administrator and another Town employee drove past the property on January 2^nd, 2024. Based on a sign visible from the road, the property owners appear to be using 160 North Road as their address. This address is not recognized by the Town and no 9-1-1 address has been assigned to that property. What appears to be cutting activity is visible from the road. An Intent to Cut has not been received for this property. The Board discussed certain evidence of unpermitted building activity, which the landowners are being fined for.
• The Board revisited Town Counsel’s response on personnel policy matters. The Town Administrator will follow up with Town Counsel for clarification.
• The Board Asked the Town Administrator to connect with Michael Vignale of KV Partners, LLC, and Tim Hayes, Cemetery Trustee, for a referral to the NH Cemetery Commission for additional information related to cemetery design.
• The Town Administrator postponed her update on a land dispute related to property located at Eaton Grange Road 03-776-234.

 

REVIEW OF CORRESPONDENCE:

 

PUBLIC INPUT:

• The Town Welfare Administrator notified the Board of a generous donation made by two community members to a Sutton family during the holidays. The Board asked the Town Administrator to prepare a thank you letter on their behalf.

 

SELECTMEN’S COMMENTS:

• Selectman McManus requested the Town Administrator provide a map of all Class VI roads in Sutton to refer to when reviewing Intents to Cut. The Town Administrator will connect with Lorri Himes to learn more about Intents to Cut so she can better anticipate and respond to questions from the Board.

 

ADJOURNMENT: 

 

There being no further business the meeting was adjourned at 5:23pm.

 

Respectfully submitted,

 

Julia Jones

Town Administrator