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

June 10, 2019 @ 3:30 p.m.

 

The meeting was called to order at 3:30 p.m. by Dane Headley, Chair.  Present at the meeting was Dane Headley, Chair; Robert Wright, Jr., Selectman; William Curless, Selectman; Robert DeFelice, Budget Chair; Katherine Miller and Brendan O’Donnell, Donahue, Tucker and Ciandella and Elly Phillips, Town Administrator.

 

APPOINTMENTS:

Attorneys Katherine Miller and Brendan O’Donnell of Donahue, Tucker and Ciandella, (DTC) PLLC met with the Board at the recommendation of Laura Spector Morgan, Town Counsel, in order to discuss their services in conjunction with the renewal of the Town’s cable franchise agreement with TDS.  Town Counsel recommended DTC because they specialize in negotiations with cable companies have represented numerous NH towns in this regard.   Attorney Miller indicated that the Town’s franchise agreement could be strengthened.   Attorney Miller advised that a cable franchise renewal only covers cable TV.  Attorney Miller emphasized that cable is the only component that the Select Board has authority over.    The agreement does not cover telephone or internet.    Ms. Miller observed that there is not much internet regulation except at the federal level.  Telephone services have also been deregulated.  The Town cannot negotiate over rates, programming, or technology.  The Town has the right to require a franchise agreement because of use of the utilities use of the town right- of-way.  The Town can negotiate over the franchise fee.  The franchise fees in most instances are passed on to the subscribers.  The Town is currently getting a 3% fee, but only on the basic tier services which is usually a smaller portion of the bill.  In Sutton, most of the services come from a cable connection.

 

Expanding the franchise fees or increasing the percentage are areas for Board consideration.  Some communities collect 5% and put a portion or all of the fees into a local access channel.   The franchise fee is to compensate the town for use of the right-of-way.  Telephone company assessment was discussed at length.  The agreement will specify that TDS would pay a property tax. Assessment methodologies were discussed.   Selectman Curless asked whether the franchise agreement could be used to negotiate for the internet.  Ms. Miller responded that the Town could try.  Most internet providers provide a minimal amount of service to schools and libraries, generally, that service is not expanded to municipal offices.  Ms. Miller said that they may provide cable to municipal buildings which might provide the infrastructure for internet.

 

Selectman Wright asked what has changed in the last 15 years as it pertains to the agreement.  Ms. Miller said that the terms could be made more favorable to the town.  One important thing to negotiate on would be to get fiber to areas that are not currently covered.  The Town could reserve the right to raise franchise fees so that future Selectmen are not bound by this rate.  There may be a way to negotiate cost sharing for extending the fiber service area.  The cost may be shared between property owners, the town and the cable company.  A portion of franchise fees could be set aside for that purpose.

 

It is likely that a six month extension may be required to complete the agreement.  The agreement notification process was discussed.  Cable Franchise agreements are for 15 years.    The negotiation process was discussed.  The Board agreed to commence the process of ascertaining the needs of the community for the Franchise Agreement.  Institutional networks were also discussed.  The sense of the board was that subject to review and recommendation of Town Counsel, the Board would like to engage DTC to represent the town with cable franchise negotiation.

 

Robert DeFelice met with the Board regarding establishing a Parks and Recreation Committee.  Mr. DeFelice had previously been tasked with putting a charge together.  Mr. DeFelice provided draft bylaws for the Board’s review.  In order to obtain most federal grants,  a Parks and Recreation Committee.  Grant deadlines are rapidly approaching and would likely be helpful for the parking area/park at 26 Grist Mill Street.  Terms of office, subcommittees and amendments to bylaws were discussed.  Mr. DeFelice commented on the many recreational opportunities within the community.  The parks and recreation committee would work closely with the Conservation Commission, the Homesteaders, youth recreation organizations etc.   Mr. DeFelice recommended that a Select Board member sit on the committee.  There would be a central calendar.  The Board agreed to form the committee.   The Select Board will put an ad in the paper and on the website soliciting candidates for  the committee.  There will be an organizational meeting scheduled within the next week or so.  Selectman Wright moved to establish a Sutton Park and Recreation Committee with the purpose to plan recreational programs and oversee functions of said programs and that Robert DeFelice be appointed the Chair for 2019.  Selectman Curless seconded the motion.  The motion passed by a unanimous affirmative vote.

 

The minutes from June 3, 2019 public and non-public (unsealed) were approved as written.  The Board reviewed and approved the following manifests:

PAYROLL MANIFEST:  $  10,086.75

VENDOR MANIFEST:    $102,428.34

 

INTENT TO CUT:

The Board approved an intent to cut for the Prime Children’s Trust, 03-273-167, for 15 acres out of 313.

 

NEW BUSINESS:

 

OLD BUSINESS:

The Board executed a conservation easement agreement with ASPLT for the O’Neil property.

 

The Board discussed their site visit to Rowell Hill Road.  The Board will defer to the judgement of the Road Agent.  It was observed that in the winter roads pitch because of the frost.     Selectman Curless suggested crowning the road from the Hebert’s mailbox to the town line (Little Briton Road).  The area within the right-of-way has been raised and filled by the property owners.    The Chair moved  that the crown/slope from Hebert’s driveway/mailbox to Little Briton Road (Townline) be crowned and modified by either adding or removing material.    The motion was seconded by Selectman Curless.  The motion passed by a unanimous affirmative vote.

 

Selectman Wright updated the Board on the Stotler property.  The judge has imposed a fine plus court costs.  Mr. Stotler has been given an additional 30-days to complete cleanup efforts.  A hearing on the matter has been scheduled for July 15, 2019.  The Town will continue to monitor Mr. Stotler’s progress.

 

The Board discussed entering into a highway maintenance easement for the Smiley Grove parking area with North Sutton Improvement Society which would specify the scope and area to be maintained by the Town.  The Board will have Counsel draft an agreement for a maintenance agreement for the Smiley Grove parking area.  Concerns have been presented to the North Sutton Improvement Society regarding ponding of water in the parking area due to a mosquito problem.  The North Sutton Improvement Society has developed a notification protocol in the event the parking area needs to be closed due to the ponding and condition of the parking area.

 

REVIEW OF CORRESPONDENCE:

The Board received an email from Bruce Kozikowski regarding ditching.  Phillips was instructed to reply, on behalf of the Board, that the Road Agent can do work within the right-of-way and that Mr. Kozikowski can make an appointment to meet with the Board to review further concerns regarding road maintenance.

 

 

 

SELECTMEN’S COMMENTS:

Selectmen Headley discussed the local officials’ workshop that he recently attended.  Mr. Headley requested that all items relating to the agenda be submitted prior to the meeting.  It was noted that relevant documents need to be presented by noon on the Wednesday before the meeting.    Staff will adhere strictly to the deadlines.  The Board will receive reading materials by email prior to the meeting.  The Board also discussed public comment at public meetings.    Various procedures relating to public comment and conduct of a meeting were discussed.  Selectman Headley supported a public comment portion at the meeting.  A time limitation would be in place for public comment.  Selectman Headley felt that if citizens came in to address an agenda time, they should be given an opportunity to speak.  Improved acoustics at the Town Hall were also discussed.  Phillips to follow up.     First Amendment rights and what constitutes harassment were also examined.   Phillips was instructed to obtain guidelines from NHMA regarding free speech/harassment in the context of public meetings.    The sense of the Board was that during public meetings/hearings, it was a good idea to have an officer present.  The Board will consider the matter of public comment/input at their next regularly scheduled meeting.

 

There being no further the business, the meeting was adjourned at 5:31 p.m.

 

Respectfully submitted,

 

 

Elly Phillips

Town Administrator