February 25, 2019 | Town Admin TOWN OF SUTTON Pillsbury Memorial Town Hall 93 Main Street Sutton Mills, NH Sutton Mills, NH 03221 Board of Selectman February 25, 2019 @ 4:00 p.m. The meeting was called to order at 4:00 p.m. by William I. Curless, Chair. Present at the meeting were William I. Curless, Chair; Dane Headley, Selectman; Robert Wright, Jr., Selectman; Jonathan Korbet, Police Chief; Robert DeFelice, Budget Committee Chair; Henry Howell, Conservation Commission Co-Chair, Barbara Hoffman and Don Davis, Conservation Commission Members; and Elly Phillips, Town Administrator. APPOINTMENTS: At 4:15 p.m. Jonathan Korbet, Police Chief, met with the Board to discuss an ongoing situation occurring on Rowell Road. Marc and Cheryl Hebert, property owners at 09-975,565, 8 Rowell Hill Road are attempting to divert water from going onto their property through measures such as trenching and pumping water off their property onto the road etc. These actions are occurring within the Town’s right-of-way on Rowell Hill Road. Chief Korbet discussed enforcement with Counsel who has advised the issue is civil matter. It was noted that the Selectmen’s office, Police Department and Road Agent have attempted to work with the property owners. The Board will issue a cease and desist to the owner. Chief Korbet also discussed next steps to the process of recruiting a part-time police officer for up to 30 hours per week. Wages, benefits, and timing were also discussed. Selectman Wright made a motion to authorize Chief Korbet to actively recruit a part-time employee for up to 30-hours per week. Selectman Headley seconded the motion. Selectman Wright clarified that the Board was not specifying whether the qualifications would require that the candidate was certified. Chairman Curless called the question. The motion passed by a unanimous affirmative vote. NON-PUBLIC SESSIONS: At 4:43 p.m. Selectman Wright made a motion to enter into non-public session under 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 Selectman Curless, Selectman Headley and Selectman Wright voting in the affirmative. Public Session reconvened at 5:12 p.m. Selectman Wright made a motion to seal the minutes because it was determined that divulgence of this information would affect adversely the reputation of any person other than a member of this board. The motion passed with Selectmen Curless, Headley and Wright voting in the affirmative. At 5:50 p.m. Selectman Wright made a motion RSA 91-A:3, II(b) The hiring of any person as a public employee. Selectman Headley seconded the motion. The Board was polled with Selectman Curless, Selectman Headley and Selectman Wright voted in the affirmative. Public session resumed at 6:05 p.m. Selectman Wright made a motion to seal the minutes (personnel) which was seconded by Selectman Headley. The motion passed by a unanimous affirmative vote. APPOINTMENTS: At 5:15 p.m. Henry Howell, Conservation Commission Co-Chair, Barbara Hoffman and Don Davis, Conservation Commission Members, met with the Board to discuss facilitating a conservation easement on property owned by Robert O’Neil located at 2-466,487). She advised that last fall Robert O’Neil met with the Commission who stated that he wanted to give a conservation easement on the above-referenced property to the the Ausbon Sergeant Land Preservation Trust. Mr. O’Neil discovered that there are substantial costs associated with putting the easement in place. Mr. O’Neil approached the Conservation Commission to see if they were interested in helping to defray the costs associated with the easement. The location of the property was reviewed. It is in an area which abuts a portion of the Russell Pond shoreline. Town-owned (8.5) acres of shoreline land is located on the east side of the proposed easement. The town-owned parcel has an easement on it through Ausbon Sergeant. The area of the proposed easement is 22.3 acres. A 7.7 acre tract would not be a part of the easement. Ms. Hoffman described the Town’s interest which would be to have an executory interest in the easement. As such, if Ausbon Sargent was no longer there or failed in their duties as easement holder, the Town could step into the grantee role. The Conservation Commission voted to expend up to $10,000 from the conservation fund to help defray Mr. O’Neil’s expenses, such as surveying, appraisal, legal, etc., in exchange the Town would receive an executory interest. The Conservation Commission conducted a public hearing on November 14, 2018 as required by RSA 36-A:5, II. There were no negative comments from the public. The Commission received a draft deed which was reviewed by the Commission and Town Counsel. There were a couple of changes suggested by Counsel which Ausbon Sargent is making. The Commission will receive a final document which is to be executed by the co-chairs and the Board of Selectman. Mr. Howell stated that the deed has been reviewed by Ausbon Sargent, Mr. O’Neil’s attorney and Town Counsel. Mr. Howell further explained that the Commission was interested in assisting with easements as a policy because it is less expensive to protect land under conservation protection if the homeowners are assisted with the costs versus buying tracts of land. Through this method, property owners are encouraged to place land under conservation easement. Mr. Davis explained that the Select Board would need to vote for the funds to be issued. Selectman Wright made a motion pursuant to RSA 36-A:5,II to approve up to $10,000 from the Conservation Fund to support a conservation easement on the O’Neil property located at 02-466-487 (per plan) and that the Town of Sutton through its Conservation Commission is willing to assume an executory interest. Selectman Headley seconded the motion. The motion passed by a unanimous affirmative vote. The minutes of February 7, 2019 were approved as amended and the minutes of February 11, 2019 were approved as written. The Board reviewed and approved the following manifests: PAYROLL MANIFEST: $ 14,078.29 February 22,2019 VENDOR MANIFEST: $357,433.98 February 22, 2019 VENDOR MANIFEST: $ 2,500.00 February 19, 2019 PAYROLL MANIFEST: $ 11,076.51 February 15,2019 VENDOR MANIFEST: $ 51,265.72 February 15, 2019 BUILDING PERMIT: The Board issued a building permit for Allan Byam and Carol Belliveau, 02-668-478, Route 114, for a home and garage. ZBA approval for a variance from wetland and shoreland setback provided. LAND USE CHANGE TAX: The Board issued the following Land Use Change Taxes: Eric Chinberg 08-591-235 $6,850.00 Patrick and Renee Riviezzo 01-160-413 $4,500.00 David Cormier, 01-578-425 $4,350.00 Deborah Lang, 02-200-659 $6,670.00 John and Krista Dupre $4,000.00 VETERANS EXEMPTION: The Board issued a veteran’s exemption for George Nixon, Map/Lot 01-178-082, in the amount of $500.00. NEW BUSINESS: The Board issued Pole Licenses with Eversource. The Board received a request from the owners of 26 Grist Mill Street asking if they could keep the washer/dryer. Selectman Headley made a motion to give the owners (Milne et al) the washer/dryer. Selectman Wright seconded the motion. The motion passed by a unanimous affirmative vote. The Board reviewed a complaint from Kevin Tarleton. Mr. Tarleton felt that the gravel from the road caused a flat tire on his wife’s car and was requesting reimbursement for the tire from the town. The Board denied that request. The Board reviewed a request for an abatement from interest (2018 1st issue taxes) from Arthur Just. Unbeknownst to Mr. Just, the bank reversed his payment without notifying him. The Board felt the matter was between Mr. Just and the bank and denied the request. Mr. DeFelice will be conducting Capital Improvement Informational Sessions on March 9, 2019 at 10:00 a.m. and March 11, 2019 at 7:00 p.m. Mr. DeFelice presented charts showing the impact of capital spending which will be presented at the informational session. OLD BUSINESS: The Board reviewed a Complaint against Thomas Stotler, 155 Route 103, Map/Lot 01-407-067, which was prepared by Counsel for filing with the Superior Court. Selectman Wright made a motion to go forward with the filing. The motion was seconded by Selectman Headley and passed by a unanimous affirmative vote. The Board agreed to have Ms. Gale to go forward with architectural work for the library ramp project. The Board discussed the ZBA’s continued hearing on the Vertex/AT&T/Wright’s Hill Cell Tower and noted the hearing was continued to 7/27/2019 at 7:00 p.m. REVIEW OF CORRESPONDENCE: The Board noted the following items of correspondence: Delta Dental Vision Coverage Vertex Towers: Invitation to Comment There being no further business, the meeting was adjourned at 6:06 p.m. Respectfully submitted, Elly Phillips Town Administrator