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

September 13, 2021 @ 4:30 p.m.

 

 

Selectman William I. Curless, Chair, opened the meeting at 4:00 p.m. with the Pledge of Allegiance.  Present at the meeting were William Curless, Chair and Dane Headley, Selectman; Walter Baker, Jr., Selectman; Diego Solimine, Solid Waste Supervisor; Robert DeFelice, Budget Chair; Gail Guertin, Budget Committee Vice-Chair and Elly Phillips, Town Administrator.

 

Selectman Curless read a statement expressing his concerns regarding the Town’s recently adopted policy to require masks in the Pillsbury Memorial Hall.  Selectman Curless ended his statement as follows:  I’m assuming you two do not want to put the town in legal jeopardy or yourselves for that matter. Therefore, with all the above I make a motion we remove the mask mandate immediately and put up a sign saying masks highly recommended . Do I hear a second?  The Board reviewed guidance from New Hampshire Municipal Association regarding masking in public buildings.  Not hearing a second to his motion, Selectman Curless requested that his statement, which follows, be entered into the record.

 

“I talked to our town attorney and he said he feels we do have the authority to do a mask mandate, remember this is the same attorney group that caused a 1 year delay with stuff happening on route 103 when we concluded they were wrong and we had to have the judge give us clarification. Probably cost us money too. I then asked our police chief and our Sargent separately if they would be able to enforce this mask mandate. I was told that they have had extensive conversations with our county attorney about this very subject for both public and private buildings. I was told by both that there is no law they could use to enforce this because we are talking about a public building. If it were private property they could with  no trespassing. Thus, this would be a civil matter with no action from the police. I personally have more confidence with the legal position of the county attorney who is well versed in state and federal laws than the position of an attorney well versed in municipal law.

 

Remember a rule without consequences will not be enforced uniformly and thus be easily mishandled causing the town and the selectmen to be in legal jeopardy.

 

Here is the crux of my deep concerns. If we try to tell someone that they cannot enter a building that is public we are in fact discriminating them, if we physically keep them from entering the building, we are discriminating them and probably get arrested, if we have them do the business outside, we are in fact discriminating them. All of these scenarios will put the town in legal jeopardy, and I think the selectmen too because we would not be working within the law. Civil rights are not something we should be messing with. Remember we do not have executive power, only the governor and the president does.

 

If you really want a mask mandate you should probably have a public hearing about it with and including personal forfeiture from the non compliant (a fine) . That might be legal, I don’t know, but a long and thoughtful conversation with the attorney general office might be the smart thing to do before proceeding. And all corresponding should be by e-mail so we have a paper trail should a problem arise.

 

I’m assuming you two do not want to put the town in legal jeopardy or yourselves for that matter. Therefore, with all the above I make a motion we remove the mask mandate immediately and put up a sign saying masks highly recommended . Do I hear a second?”

 

APPOINTMENTS:

Diego Solimine, met with the Board to provide a Department update and receive an annual  performance

evaluation.

 

At 5:00  p.m. Selectman Curless made a motion to enter into nonpublic session pursuant to RSA 91-A:3,II(a) dismissal, promotion, or compensation of any public employee to conduct performance evaluation for the Solid Waste Supervisor.  Selectman Headley seconded the motion.  The Board was polled with Selectmen Curless, Headley and Baker voting in the affirmative.  Public session resumed at 5:12 p.m.

 

Mr. Solimine discussed signage at the facility and advised that the Town is eligible to obtain signs from NH the Beautiful.  Mr. Solimine expressed interest in replacing the gate sign.  The Board approved the replacement.  The Board discussed the change in hours at the Solid Waste Facility.  No public hearing is required.  The process to change hours is being done through a Permit-By-Notification.  The operating plan also needs to be updated to reflect the change in hours.  The Board discussed staffing at the facility.  There was a discussion regarding dump stickers. Mr. Solimine is using the inventory on hand for the time being.

At 5:30 p.m. Selectman Curless opened the public hearing pursuant to RSA 31:95-b to consider the acceptance of unanticipated funds in the amount of $100,606.75 which is half of Sutton’s projected total funding from the America Rescue Plan Act, Local Recovery Fund.

 

Selectman Curless advised that the funds can be used to invest in water, sewer, and broadband infrastructure, making necessary investments to improve access to clean drinking water, support vital wastewater and stormwater infrastructure, and to expand access to broadband internet.

 

Qualifying expenditures in Sutton could pertain to water quality.  The Board was considering voluntary water testing and filtration.  Mr. DeFelice recommended water testing in neighborhoods near the schools.  Potential infrastructure projects relating to stormwater were also discussed.    Selectman Baker suggested testing local aquafers.

 

Selectman Curless closed the public input portion of the hearing.  Selectman Headley made a motion to accept the unanticipated funds in the amount of $100,606.75 pursuant to RSA 31:95-b.  Selectman Baker seconded the motion.  The motion passed by a unanimous affirmative vote.

 

The Board of Selectman provided the Budget Chair with a letter concerning scheduling conflicts for Monday night meetings at the Pillsbury Memorial Hall.

 

At 5:45 p.m. Selectman Baker made a motion to enter into nonpublic session pursuant to 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.    Selectman Headley seconded the motion.  The Board was polled with Selectmen Curless, Headley and Baker voting in the affirmative.  Public session resumed at 6:40 p.m.

 

Selectman Curless made a motion to seal the minutes as matters discussed might adversely affect the reputation of any person not a member of this Board.   Selectman Baker seconded the motion.  The motion passed by a unanimous affirmative vote.

The September 7, 2021, public and non-public minutes were approved as written.  The nonpublic minutes are sealed as they pertain to personnel and matters which discussed in public would likely adversely affect the reputation of any person, other than a member of this Board. The Board reviewed and approved the following manifests:

            Vendor Manifest:  $  40,180.35

Payroll Manifest:   $    9,941.44

 

BUILDING PERMITS:

The Board approved a demolition permit for Philip and Lorri Buteau Family Trust of 2011, 04-466-539, Newbury Road.

 

Bruce Knox, P.E. of Knox Engineering agreed to view the library dam and will meet with the Board for an introduction on September 20, 2021.

 

The Board considered a request for the use of Fire House for Ridgerunner’s annual dinner and meeting functions.  Selectman Headley recommended that those hosting the function should encourage the use of mask wearing and social distancing.  Selectman Headley made a motion to allow use of the Fire House as permitted by the Fire Department.  Selectman Baker seconded the motion.  The motion passed by a unanimous affirmative vote.

 

The Board executed eviction notices for Tax Deeded properties.

 

SELECTMEN’S COMMENTS:

Selectman Headley asked for a status update on the Town Hall Roof.  Phillips was instructed to follow up with the contractor and the project.

 

Selectman Curless requested follow up for closure costs for the septage lagoon.  Selectman Curless reported that he is meeting with the electrician and contractor to review lighting estimates for the Grist Mill Parking area.

 

Phillips was instructed to follow up on the fencing.

 

There being no other business the meeting was adjourned at 6:45 p.m.

 

Respectfully submitted,

 

 

Elly Phillips

Town Administrator