BOS Minutes 12/3/18

Meeting date: 
Monday, December 3, 2018

MINUTES OF THE DECEMBER 3, 2018 BOARD OF SELECTMEN MEETING

MEMBER’S PRESENT:  Board Members Mike Houghton, Joe Lovejoy, Robert O’Sullivan and Town Administrator Paul Deschaine.

At 7:02 pm Mr. Houghton opened the public meeting of the Board of Selectmen.

MINUTES
Mr. Lovejoy made a motion to approve the minutes of 11/19/18 and 11/26/18.  Mr. O’Sullivan abstained from the 11/26/18 minutes as he was not present.  Mr. Houghton seconded the motion for both the 11/19/18 and 11/26/18 minutes which passed unanimously. 

TREASURER
Town Treasurer Deb Bronson reported that the General Fund balance is $7,561,836.65.  This balance follows payments to both school districts plus the county tax which is approximately $3,000,000. 

NEW BUSINESS
Mr. Houghton said that he would allow discussion about the Smyk house for 30 minutes.  Mr. Deschaine had copies available of the settlement detailing the restrictions on the property.  A resident, Charles Case spoke in favor of saving the home.  Two residents, Dick Swett and Nancy Hunter, both toured the home and spoke in favor of razing the house. Heritage Commission Chair David Canada offered suggestions that the house might be used for.  He requested holding off the demolition and bringing the issue to Town Meeting.  Mr. Houghton reminded everyone that a committee was formed to study the bequest.  After many months of discussion they recommended accepting the property but could not find a use for the house.  There were many opportunities over the past several months for the public to express their opinion, but they did not.  He compared taking this house to the Bartlett-Cushman house, where it was promised that something of value would be done but, 5 years later, no use could be found.  Ms. Hunter agreed with Mr. Houghton, noting that maintenance will cost the taxpayers.  Another resident, Janet McSweeney, thought the building could be used for something.  Nate Merrill spoke to the uniqueness of the workmanship found in the home.  Ms. Cathy Fazekus (Flynn), the daughter of the builder, lived there prior to the Smyk’s and talked about the beauty of the home and the memories it held for her.  Her husband advocated repurposing the home if possible; however, they live in Rochester and don’t pay taxes in Stratham. Becky Mitchell spoke in favor of using the home for a possible future use.  Mr. Houghton noted, again, that discussion regarding this has been ongoing for almost a year.  No one has been able to define a practical use for the building. It has a significant number of restrictions.  It was designed to be a residence; not a public building.  Mr. O’Sullivan wanted it to be clear that the beautiful features in the home will be salvaged and not tossed into a dumpster.  Mr. Lovejoy originally did not want to accept the bequest but changed his mind after hearing requests from residents to accept it.  He has not changed his mind about the building stating no one has offered a specific, practical use for it.  He doesn’t want to spend taxpayer dollars to maintain a building with no purpose.  Mr. Houghton thanked everyone for their input.

Director of Public Works and Cemetery Trustee Colin Laverty along with Cemetery Trustees John LaBonte and June Sawyer requested funds in the amount of $25,275 be released from the Cemetery Trust Fund for tree pruning and tree removal at Maple Lane Cemetery. The fund currently receives $123,195 in interest and $271,965 in principal for a total of $395,160.  Mr. Laverty gave out a map and detailed the work to be done.  He described the treetops as becoming dense causing fungus to grow on the grass below.  In addition, some spruce trees have become a threat to the public and to headstones.  Some will be removed and replaced.  He has contacted the abutters.  Ms. Sawyer and Mr. LaBonte reiterated the danger some of the trees pose.  There were four bids for the work; he is proposing to go with the lowest estimate.  Mr. O’Sullivan made a motion to provide any town labor required to safely remove the trees.  Mr. Lovejoy seconded the motion which passed unanimously.  Mr. Houghton suggested making the public aware using as many communication methods as possible. 

PARKS AND RECREATION
Parks and Recreation Director Seth Hickey presented the skate park contract, which included the edits Mr. Deschaine recommended.  Part of the contract is helping to choose the best site.  Mr. Hickey reassured the Board that all stakeholders will continue to be engaged.  Mr. Deschaine reviewed some of the options in the contract.  Mr. O’Sullivan made a motion to accept the Pillar Design Studios contract for project management planning drawings as outlined.  Mr. Houghton seconded the motion which passed unanimously.  The selectmen signed the contract.

OLD BUSINESS
Mr. Deschaine reported that the NH Preservation Alliance accepted the changes that were proposed to the Letter of Agreement for the Preservation Easement regarding the Bartlett-Cushman house.  The Alliance had reservations about changing their original language giving them “sole discretion” to the Town’s suggestion of requiring “written approval of the grantee which approval shall not be unreasonably withheld or conditioned”.  The Selectmen were in agreement that they want to be able to engage in a discussion with the potential buyers regarding the interior preservation easement and not have any hard restrictions put on them.  Ms. Mitchell requested that Jennifer Goodwin from the NH Preservation Alliance participate in the meeting with the potential buyers. Mr. Hunter inquired about the listing price and what it includes.  Mr. Canada confirmed that septic loading would be one of several topics discussed at the meeting.  Mr. Houghton said they would defer signing anything until after meeting with the potential buyers.  They will revisit the matter in two weeks.

FIRE
Fire Chief Matt Larrabee reported that his department received 670 calls year to date.  At the Fire Department’s annual holiday party, they recognized several individuals for outstanding service. Those individuals were:  June Sawyer, Kathy Flagg, Alan Choiniere, Greg Harnois, Tim Slager, Peggy Crosby, Collette Poisson and Jake Lennon.  Mr. Houghton felt such service should be made known and requested a press release be sent.  Chief Larrabee reported that today, June Sawyer, Peggy Crosby, Jake Lennon and Collette Poisson, responded to a 911 call and were able to save a man’s life.  Chief Larrabee invited everyone to the Fire Department Open House on Sunday, Dec. 16th which supports the Lights for Lives event.  He continued his department report noting that the new Code Enforcement Officer/Building Inspector, Shanti Wolph, has been helpful and great to work with. 

Chief Larrabee said he’d like to discuss coverage including nights/weekends/off hours in the 2019 budget.  Although the hours have recently been extended, there needs to be continued discussion on the matter.  Meeting the needs of the residents is the top priority.  He has been keeping an eye on the drivers that might necessitate an increase in coverage.  Not being able to get a crew for an emergency call is the biggest driver.  Response time is another. 

Chief Larrabee reported working on the CMS annual inspection and on working with Public Works Agent Colin Laverty & Police Chief John Scippa regarding the radio fund.  He discussed the process for Comstar billing which has been unclear in the past.  He is drafting a policy which should make the process clearer.  EMS Captain Peggy Crosby is requesting to change the billing rates and presented the Change Form from Comstar.  Currently we do line item billing, not bundled billing.  Medicare doesn’t recognize non-bundled billing.  As a result, we miss getting some items billed.  She compared Stratham’s rates to surrounding towns and found that at least since 2016, we are behind an average of $1,000.  Bundled billing will take in more revenue.  We will not have the most expensive rates, but we will not have the least expensive either.  Mr. O’Sullivan made a motion to go with the proposed rates as of January 1.  Mr. Lovejoy seconded the motion which passed unanimously.  Mr. O’Sullivan made a motion to authorize Fire Chief Matt Larrabee to sign the paperwork.  Mr. Lovejoy seconded the motion which passed unanimously. 

Mr. Deschaine asked if the maintenance at the Fire Station has improved.  Chief Larrabee confirmed that it has. 

Mr. Deschaine noted that consistently none of the Fire Department employees sign their timesheets which deviates from best practices.  Chief Larrabee explained that because of the way their software system is set up, it would require two reports be printed.  It’s a slower process than what was done previously.  Getting them signed is simply a timing matter.  Chief Larrabee will work with Accounting Supervisor Valerie Kemp to resolve the issue.

OTHER BUSINESS
Police Chief John Scippa recommended that upon his departure, current Police Lieutenant Butch Pierce be appointed as the interim Police Chief.  Mr. O’Sullivan made a motion to accept Chief Scippa’s recommendation to appoint Lieutenant Pierce as the acting Chief of Police as of the end of the day December 7, 2018.  Mr. Lovejoy seconded the motion which passed unanimously. 

Officer Charles Law requested payment of unused vacation time.  He would like to carry over 80 hours and be paid for 40.  Chief Scippa supports his request explaining that Officer Law has been in the process of becoming a Federal Police Officer with the Customs and Border Patrol.  He believed the transition would be by the end of the year.  In order to maximize his buyout he didn’t take vacation.  The police budget could cover the request. 

Lieutenant Pierce stated he would like to carry over 80 hours and be paid for 184.  Staffing issues and background investigations took an inordinate amount of time not allowing him to take his vacation.  Mr. Lovejoy and Mr. Houghton expressed a great deal of reservation and concern.  They reminded him that they warned him last year to take vacation or lose it.  Mr. O’Sullivan made a motion to allow Lieutenant Pierce to carry over 80 hours and be paid for 80 hours and to allow Officer Law to carry over 80 hours and be paid for 40 hours.  Mr. Houghton seconded the motion which passed unanimously.

Chief Scippa thanked the Board for their support throughout the years.  The Board wished him well.

Resident, Travis Thompson, Vice Chair of Cooperative School Board and Chair of SAU16 Board, spoke regarding the search for the new Police Chief.  He said Chief Scippa has been instrumental in the school system’s safety and security issues over the years and feels it is important to have a representative from the school system involved in the hiring of the next police chief.  Mr. Houghton replied that MRI will be hired and it will follow the same process as when Chief Scippa was hired.  The community will have an opportunity to be involved.  The selectmen thanked Mr. Thompson for his interest. 

Roger Thompson asked what the final determination was regarding the Smyk house.  Mr. Houghton said that the selectmen voted to raze the house on November 19 and absent any persuasive argument, they stand by their decision. 

Mr. Deschaine approached MRI to see what the fee structure would be for finding a new police chief.  Mr. Lovejoy made a motion to authorize MRI to conduct a search for a new police chief.  Mr. O’Sullivan seconded the motion which passed unanimously.  The selectmen signed the paperwork.  After making a couple of small tweaks to the job description, they discussed what an appropriate salary range might be. 

Mr. Deschaine presented the bids for printing the 2018 Town Report.  There were three submissions.  Mr. O’Sullivan made a motion to authorize Mr. Deschaine to review the three bids in more detail and award the bid.  Mr. Houghton seconded the motion which passed unanimously.

Mr. Deschaine noted that Christmas Eve falls on a Monday, which is the Town Clerk’s late night.  The selectmen decided to close at 12:00 on December 24th, paying everyone for a total of 8 hours that day.  If a person takes vacation that day, they will have to take 8 hours vacation.  Town Clerks will have to use vacation for the differential.  

Public Works Director Colin Laverty suggests releasing the bonds for Jacqueline Way except the maintenance bond which amounts to $4545.54.  Mr. O’Sullivan made a motion to retain $4545.54 and release the excess bond to the developer for Jacqueline Way.  Mr. Lovejoy seconded the motion which passed unanimously. 

Mr. Laverty and Alan Williams are requesting to be paid in excess of the 80 hour carryover.  Mr. Williams is requesting to be paid for 23.9 hours.  Mr. Laverty is requesting to be paid for 104.1.  The reason they couldn’t take vacation was because of the many storms and lack of manpower.  In the spirit of being consistent with their earlier motions, Mr. Houghton made a motion to pay half of the requested hours for Mr. Laverty and Mr. Williams.  Mr. Lovejoy seconded the motion which passed unanimously.  Mr. O’Sullivan wondered about the many demands on Mr. Laverty and showed concern that he wasn’t able to take vacation.  Mr. Deschaine affirmed that the size and scope of the projects Mr. Laverty undertakes makes it difficult to find the time.  They agreed that the policy does need to be revisited at a later date.

Mr. Deschaine notified the selectmen that he executed the revised proposal from Danley Demolition which included the $2,500 cost for the asbestos abatement.

At 9:38 pm Mr. Houghton made a motion to go into a non-public session to discuss a personnel matter.  Mr. O’Sullivan seconded the motion which passed unanimously.  At 9:55 pm Mr. Lovejoy made a motion to come out of the non-public session and seal the minutes.  Mr. Houghton seconded the motion which passed unanimously. 

Mr. Lovejoy made a motion to accept the resignation of Robert O’Sullivan with deep regret and thanks for the services and comradeship he has provided.  With deep regret, Mr. Houghton seconded the motion which passed unanimously. 

At 9:56 pm Mr. O’Sullivan made a motion to adjourn.  Mr. Houghton seconded the motion which passed unanimously. 

Respectfully submitted,
Karen Richard
Recording Secretary