September 17, 2024 | Town Admin Town of Sutton Pillsbury Memorial Hall 93 Main Street Sutton Mills, NH 03221 Select Board Minutes September 9th, 2024, 6:00pm 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, NH State Representative Tom Schamberg, Solid Waste Department Head Diego Solimine, Budget Committee Member Chuck Nelson, Conservation Commission Chair Henry Howell, Judy Parkinson, and Mark Rosenthal. Appointments: At 6:00pm the Board met with Diego Solimine regarding the Solid Waste Department’s 2025 operating budget & capital reserve contribution request. Solimine and the Board discussed an adjustment to the proposed budget, adding additional funds for heating fuel. Solimine and the Board also discussed pet waste disposal issues, closing septage lagoons, and the Transfer Station’s human waste system. The Board directed Solimine to engage the services of Rowe Brothers Excavation to evaluate the condition of the Station’s human waste system, investigate the pump system, and discuss a potential leach field. Solimine and the Board also discussed upcoming building maintenance needs, including a new garage door, a new sign, trim repairs and painting. McManus recommended Solimine rent a lift for Transfer Station staff to repair and paint exterior trim. Solimine disagreed, expressing concerns about safety and the need to hire a professional. The Board and Solimine discussed the timeline for this project, which is planned for Spring, 2025. The Board and Solimine discussed funding sources for repairs and maintenance of the Transfer Station, including certain capital reserve funds. The Board directed the Town Administrator to engage Town Counsel to confirm whether Select Board Members are named 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. At 7:00pm Pogust opened a public hearing to explain the reasons for the upcoming special town meeting. Pogust explained that the Municipal and Property Division of the New Hampshire Department of Revenue Administration (NHDRA) is required under RSA 21-J:35 to review all appropriations and revenues to determine whether they have been voted in accordance with applicable statutes. As a result of this review the NHDRA found that the Budget as Posted (MS-737) and Annual Meeting Warrant were not properly posted in accordance with RSA 39:5. The MS-737 was posted February 28, 2024, and the annual meeting was held on March 12, 2024. RSA 39:5 requires that these forms be posted at least 14 days before the day of the meeting, not including the day of the posting, nor the day of the meeting. Therefore, as there were only 12 qualified days between February 28, 2024, and March 12, 2024, the results of the annual meeting are considered procedurally defective. To remedy this, the Town will hold a special town meeting in accordance with RSA 31:5-b at 7:00pm on Monday, September 16th, 2024, at Pillsbury Memorial Hall at 93 Main St. Sutton Mills, NH 03221 to act upon the following subject: 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. Pogust welcomed public comment. Tom Schamberg asked if a hand vote would be taken at the special town meeting. Pogust confirmed that the Moderator would decide on whether to call a hand vote or require a ballot vote. Mark Rosenthal asked what would happen if the Town does not vote to ratify the results of the March 13th, Town Meeting. Pogust confirmed that the Board would petition the Superior Court to modify, which would be an expensive process that would likely result in the ratification of the results of the March 13th, Town Meeting. Hearing no further comment from the public, Pogust closed the public hearing at 7:05pm At 7:05pm the Board met with Conservation Commission Chair Henry Howell regarding the Commission’s operating budget & capital reserve contribution request. Howell and the Board discussed the classification of certain positions and directed the Town Administrator to confirm. Howell and the Board discussed culvert work which might require a warrant article or grant funding. McManus suggested contacting Michie Concrete Products, LLC for engineering, permitting, and manufacturing. The Board advised Howell to gather additional information for future expenses, including mowing and culvert work, and re-present the Commission’s operating budget at a future meeting. The Board approved the Commission’s capital reserve contribution request as presented. Howell shared the Commissions goal to raise $7,000 for the Conservation Fund. He mentioned the Commission’s interest in acquiring a 400-acre parcel for sale in East Sutton, a third of which is already under easement, but acknowledged that the Commission does not have enough funds to purchase the property. Minutes: At 6:59 pm Glynn made a motion to accept the public and non-public minutes from August 21st. McManus seconded the motion, which passed unanimously. Manifests: The Board reviewed and approved the following manifests: Payroll: $ 16,583.17 Vendor: $ 47,789.35 Intents: Building Permits: New Business: The Board reviewed and approved estimates submitted by Tyler Lawn Care, LLC for end of season landscape maintenance at the Highway Department, Pillsbury Memorial Hall, Grist Mill Garden, Old Store Museum, Police Department, Fire Department, and Sutton Free Library. Glynn shared information on a Department of Labor Wage and Hour Division rule to increase compensation thresholds for overtime eligibility. The Board discussed the rule and directed the Town Administrator to engage Town Counsel to see if the Board is subject to the rule. Old Business: The Board discussed extending benefits to employees of the Sutton Free Library. The Board directed the Town Administrator to schedule a meeting with Town Counsel for Monday, September 16th to discuss this matter with the Trustees of the Sutton Free Library. The Board reviewed correspondence from Town Counsel informing the Board that there is no evidence that the Board formally adopted NH RSA 32 to form a Municipal Budget Committee. The Board discussed the possibility of presenting a warrant to see if the Town will vote to officially adopted NH RSA 32 to form a Municipal Budget Committee and establish membership. The Board directed the Town Administrator to engage Town Counsel to address the following questions: What happens if the Town votes in opposition to adopting a budget committee at the 2025 town meeting? If this happens, what budget is considered the default budget? Does this impact which budget is voted on at town meeting? The Board directed the Town Administrator to draft a warrant article to this effect for their review. The Board discussed procedure for contacting Town Counsel. The Town Administrator encouraged the Board to review and update the Select Board Rules of Procedure on this matter. REVIEW OF CORRESPONDENCE: The Board reviewed correspondence from Danielle Thomas regarding traffic safety concerns on Eaton Grange Road related to the Peacock Hill Rd. Cluster Development. The Board agreed that Pogust would contact Mr. Fitzgerald to request that he advise truckers making deliveries or equipment pickups for his project not to attempt to turn around using the triangle at the intersection of East Sutton Road and Eaton Grange Road. The Board directed the Town Administrator to notify Thomas of the Board’s request to Fitzgerald. The Board reviewed the School Board Agenda for September 12th. The Board reviewed correspondence from Mike Richer regarding the Board’s request for Primex to review proposed revisions to the personnel manual. Public Input: Mark Rosenthal asked if there is a minimum number of hours per week that salaried employees must work under the Department of Labor’s new rule. Pogust responded that the Board would seek the advice of Town Counsel on this matter. Judy Parkinson asked if the Town was considering doing something to commemorate Jeanette Couch’s years of service to the Sutton Free Library. The Board agreed to discuss this further with the Trustees of the Sutton Free Library. Parkinson asked if the Town owns the playground at Smiley Grove in North Sutton. Parkinson expressed safety concerns about the playground. The Board confirmed that the North Sutton Improvement Society owns the property and is fundraising to improve the playground. Parkinson expressed safety concerns related to chemicals stored outdoors on parcel 06-416-245 located at 90 Main St. The Board directed the Town Administrator to contact the Health Officer to request a site visit. Select Board Comments: Adjournment: There being no further business the meeting was adjourned at 8:09pm. Respectfully submitted, Julia Jones Town Administrator