October 28, 2019 | Town Admin TOWN OF SUTTONPillsbury Memorial Town Hall93 Main Street Sutton Mills, NHSutton Mills, NH 03221Select Board October 28, 2019 @ 4:00 p.m. The meeting was called to order at 4:00 p.m. by Dane Headley, Chair. Present at the meeting was Dane Headley, Chair; Robert Wright, Jr., Selectman; William I. Curless, Selectman; David Burnham, Health Officer; Robert DeFelice, Budget Chair; Tom Schamberg, State Representative; Karl Brooks and Elly Phillips, Town Administrator. The minutes from October 21, 2019 were approved as written. The Board reviewed and approved the following manifests: REVIEW OF MANIFESTS: PAYROLL MANIFEST: $10,870.71 VENDOR MANIFEST: $428,826.09 APPOINTMENTS: Karl Brooks met with the Board to voice his concerns and the concerns of Karen Fischer Anderson (not present) regarding a demolition permit before the Board. Mr. Brooks read his complaint and requested that it be entered into the record (attached herewith). Mr. Brooks did not feel that proper attention was paid to a matter of public health and safety that was brought to the attention of the Town Administrator on October 11, 2019. The initial complaint was regarding the possibility of hazardous waste (paint) on a property owned by Kevin Coyle, Sutton Tax Map 02-744-400. The complaint was conveyed to David Burnham, Health Officer, by Ms. Phillips. Mr. Brooks and Ms. Karen Fischer Anderson are concerned about the possibility of groundwater contamination. Mr. Brooks and Ms. Fischer requested that the Select Board “postpone any decision on the Building Permit request for demolition regarding this property. Additionally, we request that you ask for entry to the premises in order to evaluate the current condition firsthand as it is today. If permission is denied, we ask that the Health Officer follow the steps to obtain an Administrative Warrant to inspect the property for the conditions described herein, and to do so in a timely manner so that it can be viewed by the Town in its present condition.” Mr. Brooks stated that it has been 19 days since he and Mr. Anderson voiced their complaint. Phillips responded that the complaint was followed up on immediately and the Town was advised by Counsel that the Town did not have cause to go on the property. Further, Phillips followed up with the property owner advising that the Town had received a complaint and requesting an inspection with the Health Officer. The property owner responded that they were taking the property off the market and that they would be seeking a demolition permit. David Burnham, Health Officer, stated that he had advised Mr. Brooks to contact DES with his concerns as he had firsthand knowledge of the situation. Mr. Burnham emphasized that he could not go on the property without the owners’ permission. Mr. Brooks had a differing opinion and felt the health officer did have the right to go onto the property due to potential public health concerns. Selectman Wright responded by quoting advice received from Counsel as follows: “While it is true that there is a mechanism by which the town could obtain an administrative inspection warrant to inspect the property, as mentioned above, the town has no jurisdiction over hazardous materials even if that request was granted and those materials are in fact present on site; if the town discovered those materials at this location, the town would likely inform the state for it to take over and initiate an enforcement action if necessary.” Selectman Headley read an email from Town Counsel’s regarding the matter in its entirety: “I understand a concerned citizen has reason to believe that hazardous waste has been or is being discharged at the above property, and also that the owner has applied for a demolition permit. While it is true that there is a mechanism by which the town could obtain an administrative inspection warrant to inspect the property, as mentioned above, the town has no jurisdiction over hazardous materials even if that request was granted and those materials are in fact present on site; if the town discovered those materials at this location, the town would likely inform the state for it to take over and initiate an enforcement action if necessary. As the town is not and never has been owner of this property, and has no independent evidence to corroborate this concern, the town should direct the citizen to immediately contact DES to report this issue, such as the Waste Management Bureau. The town does not have jurisdiction over hazardous waste, that is reserved to the state and federal governments. While it is true that there is a mechanism by which the town could obtain an administrative inspection warrant to inspect the property, as mentioned above, the town has no jurisdiction over hazardous materials even if that request was granted and those materials are in fact present on site; if the town discovered those materials at this location, the town would likely inform the state for it to take over and initiate an enforcement action if necessary. As for the demo permit, the town may proceed to issue the permit as the issuance of that approval is not a representation of the lack of hazardous waste on site, nor is it a certification as to the owner’s compliance with any applicable state or federal laws dealing with hazardous materials.” Mr. Brooks emphasized the Select Board’s responsibility to protect the public health and safety and reiterated his concern that no one knows whether contamination has occurred. Mr. Brooks opined that the probability was high that there was contamination based on information obtain from the DES regarding paint. Mr. Brooks was concerned for Blaisdell Lake. Mr. Burnham emphasized that it was a private matter and that the matter was under the purview of the DES. Mr. Brooks stated that he has contacted DES and spoke to Gardner Warr and was advised that DES could not intervene unless there was a known spill. Mr. Brooks felt that the responsibility lay with the town. Mr. Brooks felt this was a “ticking time bomb.” Phillips advised that the property owner was alerted to the complaint and has responded with a demo permit using a qualified contractor. Selectman Curless added that the demolition contractor’s responsibility would be to deal with any hazardous waste appropriately. Mr. Brooks restated his concerns regarding hazardous waste affecting the groundwater and establishing the source of any downstream contamination. Selectman Curless advised Mr. Brooks of the appeal process for an administration decision. Selectman Headley summarized that the property owner is aware of the problem and that they have contacted a qualified contractor. Mr. Burnham asked for further information regarding Mr. Brook’s observation which involved standing water, sump pumps and floating and likely submerged cans. Mr. Brooks felt it was the duty of the Select Board to deal with a potential threat. Selectman Headley responded that they had been advised by Counsel that it was outside of the Town’s purview. Mr. Burnham said that he works with owners of the property on potential health issues and felt that the owners were being cooperative. Selectman Curless verified that the owners were working with a licensed demolition contractor. Contractor requirements for abatement of hazardous materials was discussed. Mr. Brooks wondered if there was an avenue for the Town to get testing results. Selectman Headley observed that the property owners were following Town requirements. The Board discussed demolition permit requirements for the future. Selectman Wright suggested that the Select Board bring the matter to the attention of the DES due to the proximity of the property to Blaisdell Lake. Selectman Wright further recommended writing to the DES notifying them that the town has issued a demolition permit and enclose the concerned citizen complaint with the correspondence. Mr. Brooks requested that his complaint in its entirety be attached with the return of the permit to the property owners and contractor. Selectman Wright made a motion that the Board issue a letter to DES forwarding the complaint describing the property and concerns thereof. Selectman Curless seconded the motion. The motion passed by a unanimous affirmative vote. Selectman Wright made a motion that the demolition third party be provided with a copy of the complaint along with the demolition permit. Selectman Curless seconded the motion. The motion passed by a unanimous affirmative vote. It was acknowledged by the Board and the Health Officer that the property owner was cooperative. Mr. Brooks stated that he would notify his contact at the DES that the Select Board would be issuing correspondence and that he will provide the town with contact information for the correspondence. Selectman Curless suggested that the town’s building permit application be amended with a space provided for demolition contractor’s license number. The Board thanked Mr. Burnham for his attention to this matter. At 5:45 p.m. Derek Lick, Moderator, met with the board to discuss the possibility of acquiring a ballot counting machine for use at elections. The Board was provided with a proposal for a refurbished machine for $3,500.00 with a one-year Warrant or $4,000.00 with a three-year warranty with an offer of a $500.00 rebate if the Town were to purchase a new model from LHS. Selectman Wright asked if this was a need or a want as that was the focus of the budget committee for 2020. The fact that there were funds available within this year’s budget was discussed. Selectman Wright expressed concern about having to buy another machine within the next few years. Moderator Lick anticipated that the life of the machine would likely be five years as the company would continue to service the existing machine. Selectman Wright expressed reservations that the Secretary of State’s Office might change their minds. Mr. Lick’s only reservation was that LHS may not continue to service the machine. However, that would be unlikely, as this is the only machine currently approved by the State. Mr. Lick supported obtaining the machine, especially in view of the fact that funds are currently available within the Election Registration budget so that it would not impact the 2020 budget. A decision on the machine would need to be made by November 15 in order to meet the Secretary of State’s deadline for ballot design. An addition $500.00 to $1,000 would need to be allocated for ballot programming. These funds are available within the Election Registration budget. Potential impact on the salary line for elections was discussed. Mr. Lick will arrange for a demonstration for the Selectmen at their meeting scheduled for December 4, 2019. BUILDING PERMIT: The Board issued a demolition permit for Kevin Coyle, 02-744-400, High Mowing Road. The permit is subject to local, state and federal regulations. A copy of the citizen complaint will be attached. OLD BUSINESS: Selectman Wright provided a report on the recent hearing on the Stotler property. A decision from the court will be forthcoming. It was noted that the Stotler’s have erected a fence which would require a permit from the Town and a variance from the ZBA. The Town will await the court’s decision prior to any further zoning actions, and Town Counsel’s advice on how to proceed. The Board issued a Thank You letter to Cynthia Stillman for her public service as Deputy Town Clerk/Tax Collector wishing her well in her future endeavors. The Board reviewed the RFP for the Library Ramp. A Selectman will attend the pre-submission meeting. Proposals would be due 30 days later. The pre-submission meeting will be scheduled for mid-November with the proposal due date in mid-December. The Board agreed that the Rescue Squad did not need to meet with the Select Board as there was no changes to the budget. However, the will be advised that a safety service building may be discussed so that the Rescue Squad may wish to attend with the Fire Department. Selectman Curless made a motion to accept the gift of a color printer for the Selectmen’s office with appreciation. Selectman Wright seconded the motion which passed by a vote of 3-0. NEW BUSINESS: The Board received Budget Expenditure Reports for 10/2019 for review at next meeting. SELECTMEN’S COMMENTS: Selectman Curless received a complaint that the Hebert’s were once again performing work within the right-of-way of Rowell Hill Road. Phillips said that she had a scheduled visit to Andrews Avenue with Adam Hurst, Road Agent, and time permitting they would perform a site visit to Rowell Hill Road to see if any follow up action was necessary. Selectman Headley reported on Grist Mill Committee progress. The Committee has settled on two final options, one to retain the building, the other not to. The hearse will be stored at Musterfield Farm. Mr. DeFelice discussed the possibility of drafting two separate Warrant Articles with recommendations. PUBLIC INPUT: There being no further business, the meeting was adjourned at 6:07. Respectfully submitted, Elly Phillips Town Administrator