June 19, 2023 | Town Admin TOWN OF SUTTON Pillsbury Memorial Town Hall 93 Main Street Sutton Mills, NH Sutton Mills, NH 03221 Select Board June 19, 2023 @ 4:40 p.m. Dane Headley opened the meeting at 4:40 pm with the Pledge of Allegiance. Present at the meeting were: Dane Headley, Chair; Michael McManus, Selectman; Thomas Schamberg, State Representative; Robert DeFelice, Budget Committee Chair; and from the library: Tracy Mingarelli Recording Secretary, Nancy Glynn, Chair; Elizabeth Geraghty, Library Director; Betsy Anderson, Catherine Paden, Treasurer, Emily Cooper, Trustee; David Grinsell, Town Administrator and Naomi Butterfield, Attorney. Selectman McManus made a motion to approve the June 5, 2023. The motion was seconded by Chair Headley, unanimously approving the motion. CONSENT AGENDA: REVIEW OF MANIFESTS: The Board reviewed and approved the following manifests: Vendor Manifest: $44,278.67 – 06/09/23 Payroll Manifest: $20,501.67 – 06/09/23 Vendor Manifest: $77,093.47 – 06/16/23 Payroll Manifest: $20,501.67 – 06/16/23 Selectman McManus inquired if the Town employee vacation accrual was on the agenda. TA Grinsell mentioned that due to the meeting with the Library Trustees the item was moved to the June 26, 2023, Board meeting. A brief conversation followed about town employees accruing vacation time and limiting the hours allowed to be carried forward. The conversation continued regarding prorated benefits for part-time employees and if that practice is practical. A brief conversation continued regarding how increases for salaries and hours are added to a budget and reviewed by the Select Board and Budget Committee for approval. If both deny the additional salaries and hours, then the item goes to a warrant article for the town to vote on. BUILDING PERMITS: The Board issued the following building permits: Jacob and Wade O’Neil, 02-508-408, Johnson Hill Road, Primary Dwelling Unit. Jacob and Wade O’Neil, 02-508-408, Johnson Hill Road, One Bedroom Accessory Dwelling Unit. Phil & Tracy Stys 04-423-075, 6 Fox chase Road, 20X10 Shed on slab with overhang. NEW BUSINESS: Discussion about paving the Grist Mill Parking Area was taken off the agenda due to the absence of Selectman Baker. Chair Headley mentioned he spoke with Peter Stanley, Planning and Zoning Board administrator, who stated that the drainage issues on the site need to be corrected before any further improvements to the parking lot are considered. He offered his knowledge and expertise on solving these issues going forward. A discussion among Board members followed about where the water was supposed to drain based on the slope included in the plan and whether grated catch basins indicated on the plan were utilized. TA Grinsell reviewed with the Board the amount of tax, interest, and penalty on Repurchase of deeded property for a 1/17th interest and referenced as Map/Lot 08-110-363. A request was made by the taxpayer to determine if it was possible for some relief on the amount of the penalty. A brief discussion among the Select Board and a review of the tax history occurred. Trustee DeFelice mentioned that the cost of researching the taxpayer history and document preparation did agree to a reduction of the penalty to $1,000. TA Grinsell noted that in the past week two deposits made to the bank were rejected because of errors in compiling the checks and completing the bank deposit slips. To address the problem TA Grinsell was having employees prepare add tapes of the checks and having a second individual review the deposit slips to ensure the amount is accurate prior to being deposited in the bank. T The Board was provided a copy of the May 2023 Expenditure Report for their review. No significant variances were noted. OLD BUSINESS: Selectman Baker was not available to provide an update on the basement work. TA Grinsell did inform the Board that the constant wet weather has delayed the contractor. The contractor offered to remove the door and repair it at his workplace but would need to seal the front entrance to the library. The contractor was informed that the library requires two egress sites and that sealing the front site was not an option. Also, if access to the library was needed outside of the library’s hours of operation, then we can provide that access. Selectman Headley asked if the contractor had investigated the cost of replacing the door. TA Grinsell responded that research into replacing the door will take place after the existing door is repaired. The bids for the Old Store Museum RFP were opened and the winning bid was provided by Lance Carter at $17,000. A motion was made by Selectman McManus to accept the Lance Carter proposal. Chair Headley made a motion that he and Selectman McManus can vote for the contract to be written for Lance Carter subject to Selectman Baker’s approval. The motion was unanimously agreed too. Since the writing of these minutes, Selectman Baker was contacted and agreed to award the contract to Lance Carter. Two Yield Tax Levies originally issued on 5/30/23 were completed for Map / Lot 10-037,404 and 05-815,136. REVIEW OF CORRESPONDENCE: The Board read a letter received from Sean and Sharon Frost requesting documentation regarding their Right to Know (RSA 91-A) in reference to the Board’s authority to require a building permit. The Board approved a response via certified mail using language provided by town counsel indicating that answers to the Frost’s questions can be found in the Sutton Building and Zoning Ordinance. A copy of the Ordinance was also included. Town counsel surmised that the Frosts might be reluctant to comply with the Town’s request for them to apply for a building permit, and if they do not respond by the time provided, July 5, then town counsel recommends that the Town proceeds with a lawsuit. The Board agreed with this recommendation. The Board was provided with a letter of resignation from Brian Thompson who provides lawn mowing and other landscaping services to Town properties. The Board discussed alternatives to filling these responsibilities. Selectman McManus noted that the Town has cemeteries and town properties to maintain and winter plowing. We should hire a full-time building and grounds keeper who would also be available to help the highway department with winter plowing. Chair Headley agreed, but recommended that due to the Board’s extensive agenda, we postpone any decision and revisit the topic on June 26. The Board reviewed the “Bradford Bridge” Article regarding Community Coalition Power programs submitted by Diane Lander. Selectman McManus mentioned that the cost of electricity on the open grid is dropping significantly from current prices. The Board decided to consider the matter at a later date. Eastern Analytical Septage Lagoon Chain of custody results were provided to the Board indicating that all quality control criteria are within acceptable levels. Selectman McManus suggested that we move forward to having the Town close the lagoons under the guidance of State environmental Services. Chair Headley welcomed the Library Trustees to the Board meeting. Naomi Butterfield suggested coming up with an agenda for the meeting starting with the beginning of the MOU and working our way to the end. Chair Glynn added that the library would also like an update on the current library repairs. Chair Headley added that one of the main concerns of the Board was the increase in hours, compensation, and holidays for library employees. Attorney Butterfield noted that any increases for library employees are presented to the budget committee by the Library Board. She then provided an explanation to the library trustees how the budget process works when library employees are paid through the Town payroll. Attorney Butterfield asked Chair Glynn if the library has its own policies for personnel and if those policies are separate from the town? Chair Glynn responded that they were separate. It was then agreed by all that the MOU would be reviewed from the beginning. A discussion about the renovations to the library basement followed. Director Geraghty stated that the pump was placed in the building but is not plugged in and a grate was not placed over the opening according to the work order. Director Geraghty continued that the library is not aware of the revised plan to renovate the library basement. Selectman McManus provided a brief overview of the plan indicating the floor of the basement may not need to be removed or the walls impacted to address the drainage issue. This will result in saving the town money and make the process less intrusive for the library staff. Director Geraghty requested that we get a defined scope of the project from the contractor along with regular updates on the progress of the work being performed. Chair Glynn added that scheduling is an issue when the library is not notified when work is going to take place. Chair Headley recommended that when the Library has questions, to contact the Town Administrator. A conversation took place about accessing the building and it was acknowledged that the Town now has a key to the library to allow access during times that the library is not open. Trustee Glynn noted that the MOU does state that the Town will consult with the trustees prior to scheduling any work to reduce disruption to library operations. It was agreed that the TA would reach out to Chair Glynn and Director Geraghty to notify them when work is to be performed. Chair Headley provided an update on the repairs to the front door and offered that Chair Glynn can also contact him for updates on renovations. He mentioned that he cannot render an opinion, but would share with her what he knows. A discussion followed about whether there was a liaison between the Town and the library specific to current library repairs, and it was determined that Selectman Baker was that individual. Director Geraghty again noted that not enough notice is provided when contractors are to be onsite. Attorney Butterfield pointed out that working with contractors is difficult and their schedules are subject to change based on their business needs and even the weather. Chair Headley offered to help improve communication and will make an effort to attend library board meetings. Chair Glynn mentioned again the need for fluid communication and how willing the library board is to help. Chair Glynn then referred to the MOU language about town employees or contractors performing all landscaping and exterior maintenance as determined by the Town. She continued that the library has hired their own landscaper. Chair Headley noted that the library has not always been satisfied with work performed by town employees, and it is more efficient if the library hires their own contractors for this work so they can deal with them directly. Attorney Butterfield clarified that the MOU allows that freedom but anyone the library contracts with must meet the Town’s standards for insurance to protect the Town from liability issues. The library needs to communicate with the town and follow the town procurement process to ensure that the town is protected from lawsuits. She suggested that the library forward contractor proposals to her so that she can be sure that the town is protected. The Board would then authorize the library to use their contractor of choice. A conversation ensued about when the Town responsibility for maintaining the building ends and when the library responsibility begins. A landlord/ tenant relationship was used as an example. It was also noted that if the library has an immediate emergency (e.g., a broken water pipe), then they should call a contractor to address the issue as soon as possible. Chair Glynn opined that the Town is not releasing the Library’s budget appropriations according to the schedule indicated in the MOU. Chair Headley deferred to Budget Committee Chair DeFelice who responded that the TA prefers that each department submit a request for their appropriation to provide a paper trail and to initiate the process to have the Select Board authorize releasing the funds. DeFelice recommended that the Library prepare their request for the dollar amount of the appropriation 30 days in advance to avoid the issue going forward. TA Grinsell commented on the Library’s lack of transparency in their quarterly reports particularly with detail on Amazon charges and payments made by checks. Trustee DeFelice commented on the report structure and agreed that he would also like to see copies of checks. TA Grinsell asked if copies of cancelled checks can be provided with future reports. Chair Glynn asked if that was necessary noting that if the treasurer is providing this information for the Town, then it takes away from her doing work for the Library. Attorney Butterfield noted that the information is necessary for the Budget Committee and independent auditors. TA Grinsell requested that a check register be provided with future reports. A brief discussion followed about how the library appropriations are made net of the budgeted payroll as the Town processes the payroll on the Library’s behalf. Trustee DeFelice discussed what happens to the surplus funds not spent. A conversation followed about whether the funds should be returned to the Town or subtracted from the subsequent year’s budget. Attorney Butterfield provided an overview of how the Town is acting as a third-party payroll service for the Library employees, clarifying Library wages and benefits are determined by the Library as well as employee policies. The Town does have filing concerns and information they need to report so Library documentation and clarification of policies is necessary. If the Library has a different policy than the Town and that policy does not comply with federal or state regulations, then the Library must provide an explanation acknowledging their intention. If the Library provides Family Medical Leave Act (FMLA) wages to one part-time employee, but not to another part-time employee, it will raise the issue of the policy being discriminatory. If the paycheck is coming out of the Town coffers then it is the perception that the Town is liable for the disparity. TA Grinsell prefaced the conversation noting that Library employees make up about 30% of the time required to process payroll. Now that the Library Trustees have added different holidays, sick and vacation time and FMLA benefits, the time required to process the Library’s payroll and track their benefits has increased significantly. He continued that the Town should receive some consideration for this additional work, adding that the more time needed to support the Library, the less time is available to perform work for the Town of Sutton. TA Grinsell then asked if the Trustee were familiar about the rules, parameters, and purpose behind the FMLA. Chair Glynn responded yes. TA Grinsell then asked if the Trustees still believe it is appropriate for Employee X to get paid medical leave when staying home even though Employee X is a part-time employee who does not qualify for these benefits under Federal guidelines. Chair Glynn responded that Employee X should get paid leave when staying home to recover from a medical situation. Attorney Butterfield asked if the Library has a Paid Family and Medical Leave (or PFML) policy. Chair Glynn acknowledged that the library recently voted on and approved the policy. Attorney Butterfield asked Chair Glynn to provide the Town with a copy for the policy noting that under federal law, Employee X did not work the appropriate hours to qualify for MFLA benefits. She again noted that if the Library policies are more generous then the Town’s benefits, particularly for part-time employees, then the Town needs copies of all the Library’s personnel policies to track benefits and also protect the Town from discrimination from their own employees. Chair Glynn noted that the Trustees are offering FMLA benefits to all employees, full-time and part-time, based on a family member’s circumstance and needed length of leave, 6 or 12 weeks. TA Grinsell again noted the time and complexity involved in tracking Library specific benefits and suggested it might be time for the Library to consider processing their own payroll. Chair Headley commented that the Town is now processing two separate payrolls. Selectman McManus noted that the Town is a $3,000,000 business and right now the Town has only two full-time (administrative) employees managing this business to provide all departments what they need and all the while using outdated software systems. There is barely enough time in a normal week for the TA to handle the needs of the town, Select Board, and public. A discussion followed considering what the impact might be on the Library if it prepared its own budget. Chair Headley thanked everyone for coming in and felt the meeting was fruitful. All agreed that ongoing communication was essential and that a future meeting between the Select Board and Library regarding the MOU will be necessary. Attorney Butterfield offered to provide a summary of the changes mentioned: The Library will email the TA 30 days in advance with the dollar amount requested for the budget appropriation distributions. The Library will provide the TA with all existing personal and payroll policies and future changes to these policies. The Library will notify the Town of any repairs that need to be made in a timely manner. The Library will inform the Board about maintenance contractors they would like to use and forward the related contracts to the TA to present to the Board and Attorney Butterfield for review and approval. The Town’s procurement process will apply for hiring contractors for building repairs. The Town will provide the Library with contractor’s scope of work and work schedule in a reasonable time. Timely notification will be provided to the Library when work will occur if the Library is open. Notice is not necessary if the Library is closed. Attorney Butterfield will provide language for all changes and provide a draft to the Select Board for review. After the Board’s approval, a draft will be sent to the Library Trustees for review and a meeting will be scheduled to either approve or to further discuss additional changes to the revised MOU. There being no further business, the meeting was adjourned at 7:47pm Respectfully submitted, David Grinsell Town Administrator