September 23, 2024  |   

Town of Sutton

Pillsbury Memorial Hall

93 Main Street Sutton Mills, NH 03221

Select Board Minutes

September 16th, 2024, 6pm

Pledge of Allegiance:

Select Board Chair Glenn Pogust opened the meeting at 6:00pm with the Pledge of Allegiance. Present at the meeting were: Glenn Pogust, Select Board Chair; Michael McManus, Select Board Member; Nancy Glynn, Select Board Member; and Julia Jones, Town Administrator.

Also present at the meeting were: Lee Booker, Judy Parkinson, NH State Representative Tom Schamberg, Kim Dean, Sue Esposito, Tracy Mingarelli, Budget Committee Member Charles Forsberg, Mark Rosenthal, Martha A. Hunt, Kim Ortakales, Budget Committee Member Bob Wright, Budget Committee Member Charles Nelson, Bud Nelson, Joseph E. Burns, Supervisor of the Checklist Kathleen Stowell, Oliver Matte, Hannah Willcutt, Conservation Commission Secretary Bonnie Hill, Greg Gill, Melissa King, and Supervisor of the Checklist and Welfare Administrator Alison Jones.

Appointments:

At 6:05 pm the Select Board met with the Trustees of the Sutton Free Library and Town Counsel to discuss the possibility of extending benefits to Library employees, and possible implications for the Memorandum of Understanding between the Town and the Sutton Free Library.

At 6:35 pm Pogust adjourned the meeting to have a nonmeeting of the Board and Town Counsel . Pogust reopened the meeting at 6:38pm.

At 7:00pm the Moderator opened a special town meeting in accordance with RSA 31:5-b at 7:00pm to act upon the following subject:

  1. To see if the Town will vote to ratify the result of the March 13, Town Meeting even though the posting requirements were not met.

At 7:13pm the Moderator entertained a motion to ratify the result of the March 13, Town Meeting even though the posting requirements were not met . Bud Nelson made the motion, which was seconded by Charles Nelson. The motion passed unanimously by voice vote.

At 7:14 the Moderator entertained a motion to adjourn the special town meeting. Bud Nelson made the motion, which was seconded by Charles Nelson. The motion passed unanimously by voice vote.

Minutes:

At 6:01 pm McManus made a motion to accept the public minutes  from August 28th, and to accept the public minutes from September 9th as corrected. Glynn seconded the motion, which passed unanimously.

Manifests:

The Board reviewed and approved the following manifests:

Payroll: $ 16,520.03
Vendor: $ 62,443.04

Intents:

Building Permits:

New Business:

At 6:40pm the Board appointed Judith Parkinson to Deputy Treasurer for a term of one year. The Board signed Parkinson’s Oath of Office, which was administered by the Town Clerk/Tax Collector.

The Board reviewed a $10,200 estimate to pressure wash and scrape soffit trim and porch ceiling, repair rotten and damaged trim, install metal drip edge to limit future water damage, paint exterior trim and porch ceiling, and install new light fixture onto entry ceiling at Pillsbury Memorial Hall prepared by Lance Carter Construction. McManus confirmed that he conducted a site walk with Carter to establish the scope of work. Glynn requested an updated balance on the Municipal Buildings Capital Reserve Fund before voting to approve the estimate. The Town Administrator provided an estimated current balance and requested additional time to prepare an updated capital reserves report for the September 23rd Select Board meeting. Pogust and McManus discussed the need to proceed with repairs before winter to avoid increased costs and further decline in the condition of the building. The Board agreed to postpone a decision on the estimate until the September 23rd Select Board meeting to allow time for the Town Administrator to prepare an updated capital reserves report.

The Board reviewed and approved a $5,400 proposal for labor and material to install an overhead door at the Transfer Station submitted by Overhead Door Company of Concord. The Board agreed to expend funds from the Municipal Buildings Capital Reserve Fund for this purpose.

The Board agreed to postpone discussion of the Select Board Rules of Procedure.

The Board and the Town Administrator discussed the procedure for department head annual reviews. The Board and Town Administrator agreed to conduct annual reviews with Department Heads based on self-evaluations completed by the Department Head, and evaluations completed by the Select Board. At the recommendation of the Town Administrator, the Board agreed to discuss the performance of Department Heads with employees of each department. The Board directed the Town Administrator to share annual review materials with the Board and Department Heads.

Pogust revisited a $1,500 estimate to restore a stone pillar damaged by a Town plow submitted by Doug Sweet. The Board first reviewed this estimate on June 10th, 2024, when the Board issued the following directives to the Town Administrator:

  1. Request a letter from Sweet confirming his unsuccessful efforts to secure two additional estimates for the project.
  2. Secure an Appurtenance form signed by Sweet as a condition of any future approval of the proposed restoration.

Pogust argued in favor of approving the $1,500 estimate to restore the stone pillar without securing an appurtenance form signed by Sweet until further research is done regarding the propriety of requiring such an agreement with respect to a historic stone wall. Pogust referred to statutes that may prohibit the removal of stone walls on historic roads. McManus suggested that funds be drawn from the Highway Department’s calcium chloride budget line (1-03-4312-805). Glynn noted that the $1,500 estimate to restore the stone pillar was discussed prior to her appointment to the Board. Glynn shared that she therefore would not vote with respect to  approving the estimate. The Board and the Town Administrator discussed the need for further research and consultation with Town Counsel to determine if an appurtenance agreement is required for a historic stone wall. Pogust shared that he would contact Counsel directly on this matter.

After further discussion, Pogust and McManus approved the $1,500 estimate to restore the stone pillar without first securing an appurtenance form signed by Sweet, with funds drawn from the Highway Department’s calcium chloride budget line (1-03-4312-805). McManus directed the Town Administrator to notify the Road Agent.

Pogust Directed the Town Administrator to confirm whether the damage to the stone pillar would be covered by the Town’s liability policy.

The Board agreed to postpone discussion of the following matters until a response has been provided by Town Counsel:

  • Town Counsel – confirming agents to expend from the Solid Waste / Transfer Station Capital Reserve previously established in 1982 and modified in 2002 for the purpose of repairs, replacements, improvements, and the acquisition of equipment at the Solid Waste Facility.
  • Town Counsel – Adoption of RSA 32 and implications for 2025 Town Meeting

Old Business:

The Town Administrator confirmed that the Conservation Commission Secretary and the Recording Secretary for the Planning Board are hourly employees of the Town.

Review of correspondence:

The Board reviewed correspondence from Robert Wright regarding the Camp Wabasso Property. Pogust invited Wright (in attendance) to schedule a meeting with the Board to discuss his questions. With respect to Wright’s question of which Board Member was approached by the agent of the donor, Pogust stated that the Board was approached as a whole and that all discussions with the agent of the donor were held with the entire Board.

The Board reviewed correspondence from Town Counsel regarding the Department of Labor’s April 23rd news release (Release Number 24-717-NAT) announcing a rule to increase compensation thresholds for overtime eligibility under the Fair Labor Standards Act (FLSA). Under the FLSA, all employees are entitled to overtime for hours worked over 40 hours per week (there are some differences for first responders) unless they are exempt from those rules because:

  1. The job duties of their position qualify the position for exemption from overtime under one of the exemptions enumerated in the Act (This is called “the duties test” and the most common exemptions applied are the executive, administrative, or professional among others) AND
  2. The pay for the position meets a minimum salary requirement. When a position is exempt, the employee in that position earns the same salary as long as they work some portion of the pay period.

The Department of Labor’s April 23rd news release announced that the salary minimum has been increased to $43,888. Jobs that only paid the minimum under the prior salary threshold are no longer exempt unless the pay is increased to the new minimum (and they meet the duties test for one of the exemptions).

The Town Administrator is working with the Bookkeeper to identify any positions classified as exempt, but which do not pay at least $43,888. If there are such positions, Counsel will review these positions and confirm that they are appropriately classified.

The Board reviewed correspondence from Cemetery Commissioner Janet McManus regarding the ownership of a driveway with access to the southwestern corner of the North Sutton Cemetery. McManus shared that cars often block access to the southwestern gate of the cemetery. Members of the public asked the Commission if the driveway is owned by the Town of Sutton. The Town Administrator presented relevant property files and shared her attempts to locate boundary markers onsite. The Town Administrator recommended the Town engage a land surveyor to locate relevant boundary markers to verify the ownership of the driveway. Pogust suggested that the Town engage the services of Surveyor Doug Sweet to search his records for any surveys that would identify the boundaries of the relevant parcels. The Town Administrator emphasized the importance of separating the Board’s decision to approve a $1,500 estimate to restore Sweet’s stone pillar from their decision to request Sweet’s professional services. Pogust emphasized that they were not related.  That the issue of the repair of the stone wall has been pending for a long while. That although Sweet has retired from the land surveying busines, he has maintained extensive records of the work of his firm in town. The Board discussed this matter and directed the Town Administrator to engage Sweet to review his files for records that may assist in locating the relevant boundary markers to verify the ownership of the driveway.

Public Input:

Sue Esposito expressed disappointment that certain flags owned and maintained by the Town were not lowered in observance of September 11th. Esposito recommended that the Board develop a flag protocol. Pogust acknowledged Esposito’s concerns and apologized. The Board discussed the need for a flag protocol and agreed to raise and lower town owned and maintained flags according to the State of New Hampshire Flag Status Alert newsletter, which is operated by the Office of the Governor.

Mark Rosenthall raised concerns and questions about the Town’s bidding process for repairs to Pillsbury Memorial Hall, noting that one contractor has performed all the renovations in 2024. He asked whether multiple bids are required for projects over a threshold. There is no state law requiring competitive bidding for town contracts and purchases unless a public official is involved as one of the sellers or contractors. The Town has not voted to establish a centralized purchasing department for the town by adopting RSA 31:59-a. While the Board has requested multiple bids in the past, the Town Administrator is not aware of an existing policy. Pogust noted that the Town Administrator contacted six contractors to request bids for office repairs at Pillsbury Memorial Hall. Three contractors expressed interest in performing renovations at Pillsbury Memorial Hall. Lance Carter Construction of South Sutton was the only interested contractor available to perform renovations in May 2024. McManus reflected on the quality of Carter’s work. McManus reflected on the cost of routine repairs and maintenance and shared his support for hiring a buildings and grounds manager to reduce costs. Julia Jones, speaking as a resident of the Town, shared her support for hiring a buildings and grounds manager to address deferred maintenance. McManus and Pogust invited Rosenthal to assist the Board in comparing the cost of hiring a buildings and grounds manager with the cost of hiring contractors to perform work for the Town. Rosenthal agreed to offer his assistance.

Select Board Comments:

Select Board comments

Adjournment:

There being no further business the meeting was adjourned at 8:22pm.

Respectfully submitted,

Julia Jones

Town Administrator