Select Board Minutes 7/6/2020

MINUTES OF THE JULY 6, 2020 SELECT BOARD MEETING

MEMBERS PARTICIPATING:  Board Members Chair Mike Houghton, Vice Chair Joe Lovejoy, Board Member Allison Knab along with Town Administrator David Moore, Fire Chief Matt Larrabee, Town Planner Tavis Austin and Town Assessor Andrea Lewy.  Parks & Recreation Director Seth Hickey participated for a portion of the meeting via conference call.

The Board Chair opened the meeting at 7:00 p.m.

Mr. Lovejoy motioned to approve the minutes from 6/15/2020.  Mr. Houghton seconded the motion.  All voted in favor.

FIRE
Mr. Houghton directed attention to Fire Chief Matt Larrabee for his Department Report.  He reported that call volume has been down approximately 25%, consistent with the rest of the State.  He predicts this will increase soon.  The department completed hose and ladder testing.  Engine 3 will need repairs, but the funds are in the budget.  Association meetings will resume tomorrow.  Training is ongoing.  Four new EMTs are going through the process and will be joining the team.  A FEMA grant is awaiting approval pending us providing additional information.  Chief Larrabee reported working on a plan for implementation and funding for long term hydrant fire pond maintenance.  He will be at Town Meeting to answer any questions the residents may have.  He briefly reviewed the two warrant articles pertaining to the Fire Dept.  They further discussed the condition of the hydrants, the cost of repairs/maintenance. 

The Ladies Auxiliary fund-raised and purchased a trailer that is used to sell food, commonly known as “Big Red”.  It is has often been used for Town events.  The Association doesn’t own a vehicle that can tow it, as a result personal vehicles have been used, which presents an issue regarding insurance.  The Ladies Auxiliary would like to continue to use it.  Chief Larrabee explained how costs have been handled in the past with other vehicles.  Mr. Lovejoy made a motion to have a public hearing to potentially accept the Ladies Auxiliary trailer with the provision that the Ladies Auxiliary will have control over the vehicle.  Ms. Knab seconded the motion.  Mr. Moore said he would follow up with the public hearing requirement. 

Chief Larrabee said the stipend program has been working well.  They are continuing to monitor it and will report later in the year.

PARKS & RECREATION
Mr. Houghton recognized Dante Mulcahy who called in to the meeting to present his Eagle Scout project.  He is proposing to build a ga-ga pit at the field behind the municipal center.  He answered questions from the Board.  Mr. Houghton made a motion to accept and approve the Eagle Scout project presented by Dante Mulcahy with the provision he work closely with Parks and Recreation Director Seth Hickey and Director of Public Works Nate Mears.  Mr. Lovejoy seconded the motion which passed unanimously. 

Next, Mr. Houghton recognized Senator Tom Sherman, who came before the Board to discuss the recommendations of the Secretary of State Election Committee.  He related temporary changes being suggested to the Governor on holding a safe and legal election during the current health crisis.  Many of the changes focus on the logistics of processing what is expected to be a record number of absentee ballots.

ASSESSING
Town Assessor Andrea Lewy presented her department report.  She reported that four veteran’s meet the criteria to receive veteran’s credits and recommended approval.  Ms. Knab made a motion to accept the four veteran’s credits as recommended.  Mr. Lovejoy seconded the motion which passed unanimously. 

Ms. Lewy was recognized to review a number of abatement requests.

70 Portsmouth Avenue (Mass Realty) requesting an abatement.  A private appraiser determined the property to be significantly lower than the Town’s appraisal.  Our commercial appraiser re-evaluated his original appraisal and adjusted it.  Ms. Lewy felt the adjusted amount was fair.  Mr. Houghton made a motion to deny the request and keep the evaluation at $1,133,100.

Ms. Lewy presented a request from Soft Draw Investments (NE Golf Club) for an abatement.  Mr. Lovejoy made a motion to deny the request due to lack of information.  Ms. Knab seconded the motion which passed unanimously.

Lindt is requesting an abatement but provided a very outdated appraisal.  It doesn’t include new buildings and includes comparative sales as far back as 2011.  Ms. Knab made a motion to deny the abatement request.  Mr. Lovejoy seconded the motion which passed unanimously.

200 Domain LLC (Timberland), an attorney for the property, provided incorrect data in their abatement request.  In addition, the numbers given are not supported by market data.  Mr. Houghton made a motion to deny the request.  Mr. Lovejoy seconded the motion which passed unanimously.

Shaws attorney Mark Murphy, failed to provide materials to support his request for an abatement.  Mr. Lovejoy made a motion to deny the request because insufficient information was submitted.  Mr. Houghton seconded the motion which passed unanimously.

SSS Realty, BMW, submitted a request for an abatement, however, Ms. Lewy questioned the adequacy, reliability and credibility of the report.  Mr. Houghton made a motion to deny the request.  Mr. Lovejoy seconded the motion which passed unanimously.

4 Oak Lane owners submitted a request for an abatement. The homeowners compared their property to other sales in the area, but the sales were not qualified and therefore not comparable.  Ms. Knab made a motion to deny based on inaccurate comparisons.  Mr. Houghton seconded the motion which passed unanimously.

Wayne Jones, 164 Bunker Hill Avenue, submitted an abatement request.  Upon further review, new information was discovered.  Ms. Lewy recommends lowering the assessment.  Ms. Knab made a motion to approve the reduction.  Mr. Lovejoy seconded the motion which passed unanimously.

6 Oxbow Farm Rd submitted printouts in support of an abatement, but no reason for the request.  Ms. Lewy noted that all properties along the water are treated the same to maintain consistency.  Ms. Knab made a motion to deny the request.  Mr. Lovejoy seconded the motion which passed unanimously.

Mike and Patricia Elwell, 6 Strawberry Lane, had a pool removed.  Based on this fact, they requested an abatement.  Ms. Lewy recommends an abatement for $20.49.  The request was approved.

An abatement request was made for 1 Strawberry Lane.  Ms. Lewy recommends changing the condition of their assessment from “good” to “needs repair”.  Ms. Knab made a motion to approve an abatement in the amount of $50.30 as recommended.  Mr. Lovejoy seconded the motion which passed unanimously. 

Jacqueline and Lloyd Hersey, 149 Union Rd, requested an abatement.  After reviewing the information submitted, Ms. Lewy recommends an abatement in the amount of $141.59.  The request was approved.

Michael Desroches, 23 College Rd, requested an abatement due to PFAS contaminated water and flooding issues.  Ms. Lewy recommended approving the request.  An abatement amount of $93.15 was approved. 

The owners of 7 Tansy are requesting an abatement noting the home is in need of significant repairs.  Ms. Knab made a motion to approve the abatement in the amount of $596.16.  Mr. Lovejoy seconded the motion which passed unanimously.

The owner of 267 Portsmouth Avenue is requesting an abatement.  Ms. Lewy agrees that an adjustment is warranted; it is an old structure.  Ms. Knab motioned to approve the adjustment in the amount of $745.20.  Mr. Lovejoy seconded the motion which passed unanimously. 

101 Stratham Heights Rd, Russell Fitch, is requesting an abatement on a vacant lot.  The assessment has already been discounted for not having a septic or well on the property consistent with other vacant lots in town.  Ms. Lewy doesn’t feel a reduction in the assessment is warranted Ms. Knab made a motion to deny the request.  Mr. Houghton seconded the motion which passed unanimously.

1 Lucien Way has a deeded driveway easement which we were unaware of.  Ms. Lewy suggested lowering the assessment by 5%, a $173.26 abatement.  Mr. Houghton motioned to approve the abatement.  Mr. Lovejoy seconded the motion which passed unanimously.

13 Pheasant Run – Ms. Lewy discussed the other properties in that development and detailed reasons she doesn’t believe an abatement is warranted.  Ms. Knab made a motion to deny the request.  Mr. Lovejoy seconded the motion which passed unanimously.

Owners of 38 Butterfield requested an abatement.  Ms. Lewy believes the home is overbuilt for a two bedroom home.  Mr. Houghton made a motion to approve the abatement in the amount of $244.05.  Ms. Knab seconded the motion which passed unanimously. 

Ms. Lewy requested a non-public to discuss possible litigation.  At 8:55 pm Mr. Houghton made a motion to go into a non-public session to discuss a potential legal matter.  Ms. Knab seconded the motion which passed unanimously.     

The meeting reconvened in public session and Mr. Houghton moved to seal the minutes finding that failure to do so would render the proposed actions ineffective.  Mr. Lovejoy seconded the motion.  All voted in favor.

27 Portsmouth Ave, Valley MB, LLC, requested an abatement.  Ms. Lewy recommended denial due to lack of an appraisal or any supporting documentation.  Mr. Houghton motioned to deny the request.  Mr. Lovejoy seconded the motion which passed unanimously.

35 Portsmouth Avenue, Sullivan Tire, requested an abatement.  Ms. Lewy recommended denial.  She believes her assessment is well supported.  In addition, there was no documentation to support the claims made by their attorney.  Mr. Houghton motioned to deny the request.  Mr. Lovejoy seconded the motion which passed unanimously.

NEW BUSINESS
Mr. Houghton directed attention to the 79-E application for 82 Portsmouth Avenue.  The Board spoke of the good work the owners were doing to rehabilitate the property, noting it was a great service to the Town.  They were in support of approving the application and discussed the number of years for which it should be granted.  They considered if they were setting a precedent and thought that limiting the time it would take to complete projects in general might be beneficial.  The Board further discussed importance of projects like the current 82 Portsmouth proposal in maintaining the Town’s historic structures and cultural foundation.    

Mr. Houghton made a motion to approve the submitted 79-E, Community Revitalization Tax Relief, for 82 Portsmouth Ave., Stratham, NH, upon making a finding that the project provides a public benefit in accordance with RSA 79-E:7 II, and II-a, and where such tax relief be granted for a total period of 9 years from July 06, 2020 and, in consideration of the stated five years to complete the renovations, we recognize the tax relief period of 4 years, commencing in 2025, as related to completing such renovation in accordance with the U.S. Secretary of the Interior’s Standards for Rehabilitation as permitted by statute be referenced in the covenant.  Further, staff is directed to complete the covenant in accordance with this motion, compliance with RSA 79-E:8, and in consultation with Town counsel prior to Board Chair signature and recordation.  Ms. Knab seconded the motion which passed unanimously.

PARKS & RECREATION
Mr. Moore and Parks & Recreation Director Seth Hickey requested guidance on pavilion rentals at Stratham Hill Park for August and September.  They had been cancelled for the past few months due to the pandemic.  The State guidance suggests maintaining social distancing.  Ms. Knab expressed uneasiness with approving large gatherings.  Ms. Knab made a motion to only allow SHP pavilion rentals of less than 50 people for the month of August.  Mr. Lovejoy seconded the motion.  Mr. Houghton opposed.  Motion passed.                     

PLANNING
Town Planner Tavis Austin submitted a memo requesting acceptance of the Performance Agreement for Chipotle at 20 Portsmouth Ave.  Also included with the Performance Agreement is a Municipal Sidewalk Agreement with NH Department of Transportation to acknowledge Town responsibility for that portion of the proposed sidewalk located within the NH 108 right-of-way.  Ms. Knab motioned to accept the Performance Agreement as presented and accept the NH DOT sidewalk agreement and to authorize Mr. Moore to execute the documents.  Mr. Houghton seconded the motion which passed unanimously.

Next, Mr. Austin reported that Barbara’s Way is complete and the Planning Board recommends reducing the amount of monies secured under the current Performance Agreement to an amount of $18,500 in accordance with the bonding procedure.  Mr. Lovejoy made a motion to accept the 10% reduction for the Performance Agreement for Barbara’s Way and to authorize the Town Administrator to execute those documents required by the bonding company to effectuate this action.  Ms. Knab seconded the motion which passed unanimously.

Mr. Austin received a request from Mark Perlowski, developer of the 2019 Tansy Ave re- subdivision to install a pipe across Tansy Ave. in order to connect the subdivision lots to the community’s water supply.  He provided monies to be held until the work can be satisfactorily completed.  Mr. Austin recommends approving his request with the additional provision that the town be allowed to complete the project should Mr. Perlowski be unable to.  Mr. Houghton made a motion to approve the performance bond for Tansy Avenue subdivision to install a waterline under the roadway.  Mr. Lovejoy seconded the motion which passed unanimously. 

Mr. Moore directed attention to a memo submitted by Mr. Austin which describes the need for clarification of our driveway permits and regulations.  It defines the process for the residents as well as Town staff in providing a complete review process for driveway permits.  He hopes to put it before the Planning Board this week.

ADMINISTRATION
Mr. Moore requested the Board consider the location for the General Election in November and referenced passed discussions, consultations and research conducted and shared by himself and the Town Clerk.  Mr. Lovejoy made a motion to have the Stratham Memorial School, 39 Gifford Farm Rd, as the polling location for the November 3rd General Election.  Mr. Houghton seconded the motion which passed unanimously.

NH SPCA requested their building permit fees in the amount of $22,500 be waived.  Mr. Moore would like to do more research and revisit this request at the Board’s next meeting.

Mr. Moore and the Board discussed the best way to present the articles and amended articles at Town Meeting.  He presented draft slides prepared by him and Finance Administrator Dawna Duhamel.  Conversation regarding the TIF district article ensued.  Mr. Houghton expressed frustration that the message is still misunderstood.  Various scenarios were reviewed in anticipation of what might be asked. 

RESERVATIONS
Mr. Moore advised the Board of recent request for room rentals.  These request comply with the current rentals rules, however he shared them to give a sense of the requests during the pandemic and shared his thinking about staff responses to these requests. Aberdeen HOA requesting use of Room A in September, Mr. Moore recommends confirming the number attendees.

Exeter Area Garden Club requesting to use the pavilion for the September meeting, then Room A from October through May.  Mr. Moore will ensure the group is aware of the Board’s vote above concerning Park requests.

Census Bureau requesting the fee for Room A be waived for their use of Room A.  Ms. Knab made a motion to waive the fee.  Mr. Lovejoy seconded the motion which passed unanimously.

At 11:05 pm Mr. Houghton made a motion to adjourn.  Ms. Knab seconded the motion which passed unanimously. 

Respectfully submitted,

Karen Richard
Recording Secretary