March 16, 2024 | Town Admin TOWN OF SUTTON Pillsbury Memorial Town Hall 93 Main Street Sutton Mills, NH 03221 Select Board Minutes March 4th, 2024, 4pm PLEDGE OF ALLEGIANCE: Select Board Chair Walter Baker opened the meeting at 4:05pm with the Pledge of Allegiance. Present at the meeting were: Walter Baker, Select Board Chair; Michael McManus, Selectman; Glenn Pogust, Selectman; Sutton Budget Committee (SBC) Chair; Julia Jones, Town Administrator; Nancy Glynn, Sutton Free Library (SFL) Board of Trustees Chairperson; Bob Wright, SBC Member; Joanna Murphy, Sutton Conservation Commission (SCC) Alternate; Winfried Feneberg, Kearsarge Regional School District (KRSD) Superintendent of Schools; Lee Booker, Susan Knight, Dian Lande, Carrol Thomas, Ira Thomas, Jane Williamson, Gregg Gill, and Paul Little. APPOINTMENTS: At 4:05pm the Board met with Winfried Feneberg, KRSD Superintendent of Schools to discuss the location of Town Meeting. Superintendent Feneberg notified the Board that the District would not be able to accommodate the Town’s request to hold Sutton’s Town Meeting in the High School Auditorium, which is being used to host a drama event that evening. Instead, Town Meeting will be held at 7pm on Wednesday, March 13th in the Kearsarge Regional High School gymnasium. Superintendent assured the Board that the High School was prepared to host Town Meeting in the gymnasium, with audio, visual, and seating arrangements already in place. Folding chairs will be set up on the floor of the gymnasium for attendees. Parking will be available near the entrance to the gymnasium on the north side of the high school. At 5:00pm the Board Met with Ira Thomas regarding the Peacock Hill Road cluster development. Thomas read a prepared statement regarding violations involving the development. Thomas shared that an Alteration of Terrain (AOT) permit is required for any project that alters more than 2.3 acres or 100,000 square feet. Thomas shared that the Peacock Hill Road cluster development project encompasses nearly 9 acres. Thomas presented information, correspondence, and documents to support his argument that the developer should have been required to procure an AOT permit to move forward with work on the development. Thomas addressed the following questions to the Board, which were also provided in writing: Why would the BOS issue 7 building permits when the AOT was still in question? Why were you not informed? Currently, all 7 properties are for sale. Does anyone know what happens if these are sold without the ATF AOT? Why is he [the developer] allowed to continue work without state permits? This is a violation of Zoning and Planning Conditional Approvals. Here is another state permit that is required for the recreation trail because it crosses jurisdictional wetlands in multiple locations. Does anyone know what other permits are missing? Currently, trees are being removed that are in violation of conditions of approval because they exceed the limit of breast height diameter, who is ensuring that other conditions are being followed? Who’s responsible for ensuring that the project is built as per the plan? So far all of the original septic plans have been amended because the developer has not been able to follow his own plans. Have the drainage plans been updated to reflect this? The developer is currently in violation of condition 2. Why is the town not pursuing an injunction or a C & D? The town is not equipped to keep up with just one developer. What happens if article 2 passes and developers come to Sutton looking to do more projects like this. Has anyone considered the type of oversight that is needed? During Public Hearings the PB repeatedly violates their own rules of procedure. Specifically, opening public hearings on incomplete applications. According to Planning Board Rules of Procedure posted on Town of Sutton website: “Applications”; 5: The planning board shall reject all applications not properly completed. The town of Warner had an application from the same developer, which was also incomplete. They followed their Rules of Procedure and gave formal notice of decision that the application was rejected noting the reasons why. Has the Planning Board read their Rules of Procedure? Are they aware there is free training offered through the state of NH to teach them how to run meetings and public hearings so that due process is not violated? As a taxpayer, I feel the land use coordinator would benefit from some type of continuing education as he is a town employee. I can’t remember who’s quote this is, but “Just because you’ve been doing something the same way for a long time, it doesn’t mean you’ve been doing it correctly.” Case in point, here is an email from Mr. Stanley to the PB where he states that these concerns that I have addressed tonight are in his words, irrelevant. Selectman Pogust interrupted Thomas while addressing these questions to the Board, remarking that the Board is not required to answer these questions. Chair Baker interjected, assuring Thomas that the Board would take his questions under advisement. Selectman Pogust addressed several of the questions Thomas presented and remarked that he had not heard from Ira or Danielle Thomas about these violations after August 2023. Selectman Pogust shared that he took multiple phone calls from Ira and Danielle Thomas and visited the site with Land Use Coordinator Peter Stanley multiple times at their request. Joanna Murphy interrupted, expressing her disapproval with Selectman Pogust’s comportment. Murphy left the meeting. The Town Administrator addressed the room, asking for civil discourse. Pogust resumed his response to the information and questions presented by Thomas. At 5:15pm the Board met with Derek Lick, Town Moderator, to discuss logistics for Town Meeting and certain amendments to the Town Warrant recommended by the New Hampshire Department of Revenue (DRA). These amendments will need to be made on the floor at Town Meeting. CONSENT AGENDA: MINUTES: The Board reviewed and approved public minutes from February 26th subject to certain corrections. The Board agreed to table review of non-public minutes from February 19th at the request of the Town Administrator. MANIFESTS: The Board reviewed and approved the following manifests: Payroll: $15,948.26 Vendor: $33,217.23 INTENTS: BUILDING PERMITS: NEW BUSINESS: The Board reviewed and approved a Permanent Application for Property Tax Credits/Exemptions for Charles W. Lovett. The Town Administrator notified the Board of a Governmental Records Request (NH RSA 91-A:4 through 91-A) submitted on February 25th. The Town Administrator reviewed the request with Town Counsel and will begin gathering requested materials. The Town Administrator estimated that this request would take 10 business days, depending on the volume of information gathered and redactions required. The Board reviewed a memo published by the New Hampshire Municipal Association (NHMA) titled “Draft Meeting Minutes – Practical Considerations.” The Town Administrator drew attention to the following excerpt: A meeting is held, and the Right to Know Law (RSA 91-A) requires “minutes” to be prepared and be made available to the public upon request within 5 business days after the meeting. RSA 91-A:2, II. The board which met probably does not meet again to approve the minutes within this time frame, so the minutes will always be the output of the single staff person or board member tasked to create the document. This version, whether approved or not, becomes a “governmental record” under RSA 91-A:1-a, III and must be made available upon request. Minutes must be retained as a governmental record forever under RSA Chapter 33-A, so they must be reduced to a paper format and may not be kept solely as electronic records. RSA 33-A:5-a. Thus, a permanent paper record will come into existence within 5 business days of the meeting and is subject to disclosure under the Right to Know Law, even if the board regards it as a draft document. The Board discussed how to respond to a request for minutes not yet approved by the Board. In this event, the Board agreed to convene a quorum to review and approve the minutes requested prior to disclosure. The Town Administrator provided an update on emergency repairs to the Town Clerk/Tax Collector’s office. At the direction of the Board, the ceiling and walls have been patched, sanded, and painted. Buckled carpeting has been removed, revealing wood floors. After a brief discussion, the Board agreed to refinish the floors after Town Meeting, allowing the Executive Assistant/Bookkeeper to move into the Town Clerk/Tax Collector’s office in advance of voting day. The Board renewed a special OHRV permit renewal request submitted by Joseph Bourgeois. OLD BUSINESS: At the direction of the Board, the Town Administrator engaged the Lawson Group to perform a mold inspection and to prepare a remediation protocol for Pillsbury Memorial Hall. The Town Administrator notified the Board that the Lawson Group would perform an inspection on March 6th. REVIEW OF CORRESPONDENCE: The Board reviewed correspondence from the New Hampshire Department of Environmental Services (DES) regarding violations involving the Peacock Hill Road cluster development. The Board reviewed correspondence from Allison Dobrowski regarding public safety and parking at Kezar Lake. In her correspondence, Dobrowski shared that she had been charged multiple times by off-leash dogs with no recall and asked if there was a leash law in Sutton. Dobrowski also raised parking concerns for the lot opposite Horse Beach during the winter, when surrounding lots are closed. Dobrowski questioned whether it was possible to restrict parking to residents only to limit traffic, animal and human waste, and litter. The Board acknowledged Dobrowski’s concerns and shared that the Sutton does not have a so-called “leash law.” Sutton has, however, adopted NH RSA §466:30: Notwithstanding any other provisions of this chapter, it shall be unlawful for any dog to run at large, except when accompanied by the owner or custodian, and when used for hunting, for guarding, working, or herding livestock, as defined in RSA 21:34-a, II(a)(4), for supervised competition and exhibition, or for training for such. For the purpose of this section, “accompanied” means that the owner or custodian must be able to see or hear, or both, or have reasonable knowledge of where the dog is hunting, where training is being conducted, where trials are being held, or where the dog is guarding, working, or herding livestock. Nothing herein provided shall mean that the dog must be within sight at all times. In this section, “at large” means off the premises of the owner or keeper and not under the control of any person by means of personal presence and attention as will reasonably control the conduct of such dog, unless accompanied by the owner or custodian. III. Any authorized person may seize, impound or restrain any dog in violation of this section and deliver said dog to a person or shelter authorized to board dogs. Such dogs shall be handled as strays or abandoned dogs pursuant to applicable laws. In addition to impounding a dog found at large or in violation of this section, any local law enforcement officer may issue, in the name of the owner or keeper of such dog, a notice of violation for a nuisance dog pursuant to RSA 466:31, II(a). The provisions of this section shall not be effective in any city or town unless adopted by a city or town pursuant to RSA 466:30-b. Regarding Dobrowski’s parking concerns, the Board noted that the Town does not own the parking lot across from Horse Beach and has no power to implement or enforce parking restrictions in this lot. The Town Administrator noted that the Kezar Lake Protective Association owns and operates this parking lot. The Board directed the Town Administrator to share this information with Dobrowski. The Board reviewed correspondence from Emilie M. Bolduc expressing interest in serving on the Town’s Economic Development Committee. Selectman Pogust remarked that Bolduc would be a great addition to the Committee. The Board directed the Town Administrator to invite Bolduc to meet with the Board at an upcoming meeting. The Board reviewed correspondence from Primex denying the Town’s mold damage claim. The Board reviewed and approved a work order request submitted by the Sutton Free Library, directing the Town Administrator to engage Lance Carter to address the issue identified in the work order. The Board reviewed correspondence from the State of New Hampshire notifying the Board of a pre-construction conference for paving activity between Warner and Sutton (from MM 20.5 to MM 24.2) on Interstate 89. The Board agreed that it was not necessary for a member of the Board or the Town Administrator to attend. PUBLIC INPUT: SBC Chair DeFelice asked the Board to clarify its plans for a box culvert on Kezar Street. At the February 26th meeting, the Board shared that a warrant article to see if the town will vote to authorize the withdrawal of $150,000 from the Town Bridges Capital Reserve to fund this project will not appear on this year’s warrant. At the same meeting, Selectman McManus shared the Board’s plan to bring this warrant article forward in 2025. Selectman Pogust clarified that the Board may apply to the New Hampshire Department of Revenue Administration to request to expend funds from the Town Bridges Capital Reserve to fund this project in 2024. Selectman Pogust shared that a Town vote would not be required. SELECTMEN’S COMMENTS: At 6:15pm Selectman McManus made a motion to enter into a nonpublic session pursuant to RSA 91-A:3, II (a) The dismissal, promotion, or compensation of any public employee or the disciplining of such employee, or the investigation of any charges against him or her, unless the employee affected (1) has a right to a meeting and (2) requests that the meeting be open, in which case the request shall be granted. At 6:25pm a motion was made by Selectman Pogust to leave the nonpublic session. The motion was seconded by Selectman Pogust and passed unanimously. Once back in public session a motion was made by Selectman McManus to seal the nonpublic minutes. The motion was seconded by Selectman Pogust. The motion passed unanimously. ADJOURNMENT: There being no further business the meeting was adjourned at 5:45 pm. Respectfully submitted, Julia Jones Town Administrator