BOS Minutes 4 23 2018

Meeting date: 
Monday, April 23, 2018

MINUTES OF THE APRIL 23, 2018 BOARD OF SELECTMEN MEETING

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

At 7:30 pm Chairman Houghton opened the general meeting of the Board of Selectmen.

MINUTES

Mr. Lovejoy made a motion to approve the minutes of 4/16/18.  Mr. Houghton seconded the motion.  Mr. O’Sullivan abstained.  Motion passed.

Mr. Deschaine stated that the general fund balance is $5,419,181.98.

PLANNING

Town Planner Tavis Austin reported on three Planning Board activities:  Whittaker Drive which has been ongoing, 149-151 Portsmouth Avenue converting a mixed use to an apartment building, and 15-17 Union Rd, a condex rectifying permit violations.  

Mr. Austin attended the Conservation Commission meeting where discussion centered on the approved subdivision at 8 Oxbow applying for a shoreland permit with the State.  The 8 Whittaker Drive subdivision wetland permit is also on the agenda. 

Mr. Austin also attended the Public Works meeting along with John Boisvert and the firm of Weston Sampson to discuss water sewer options.  They will report back to the PWC in May.

Mr. Austin presented, along with others, at the Rt. 108 Corridor Study Committee Informational meeting where the general public was updated with what has been learned thus far. 

Mr. O’Sullivan asked who approves through roads.  Mr. Austin said the Planning Board makes the decision based on the regulations adopted by the public.    

Among other Planning items:  Golf Club of New England is getting the topcoat installed, Makris Real Estate is finalizing details with the Town, Rollins Hill adding a phase 3 bond. 

The Pedestrian & Cyclist Advocacy Committee grant is in process. 

Mr. Austin and Public Works Director Colin Laverty are working together to do an inventory assessment of town infrastructure as it relates to MS4. 

The Master Plan contract has been signed and is in the hands of the consultant, Horsley Whitten.  Mr. Austin has made a list of emails of those people that have volunteered to be on the Steering Committee.  They reviewed the names and discussed if they are representative of another committee.  He anticipates the group will review drafts, make constructive comments and report back.  Mr. O’Sullivan made a motion to nominate to the Master Plan Steering Committee:  Brian DeKonig, Forrest Barker, Leo Gagnon, Lori Waltz-Gagnon, Lori Zaniboni, Nathan Merrill, Pamela Hollasch, Pat Elwell, Peter Cahill, Phil Caparso, Robert Roseen, Scott Longwell, Marty Wool.  Mr. Lovejoy seconded the motion which passed unanimously.

Mr. O’Sullivan asked for a more in-depth summary of the Rt 108 meeting.  Mr. Austin gave a brief history of the Rt 108 committee.  After researching if the Gateway still made sense and was a viable option for the town, they determined it was.  As part of that, public utilities would be required.  How to pay for the utilities with the least impact on residential taxpayers was investigated.  Setting up a TIF district is recommended.  Mr. Austin suggested having a series of presentations at varying times to get the information to as many people as possible.  He also suggested taking the comments that were given and responding to them in future presentations.   Mr. O’Sullivan questioned if the demographics have changed from when the Gateway was first voted on.  Mr. Austin believes it may have; the Master Plan process will answer that question. 

FIRE

Fire Chief Matt Larrabee handed out his department report using the new format.  The Board expressed approval.  Chief Larrabee noted he included inter-department safety in the report.  Chief Larrabee and the Board discussed how to determine if and/or when the transition to a professional (24/7) department might occur.  Maintaining a record of key indicators will give us a clear picture of when the transition will be needed.  It will be based on data and facts.  Currently, the biggest issue is the sustainability of part-time employment.  They also discussed the need to have a plan for Chief Larrabee’s successor.  Factors, such as full or part-time, hiring inside or outside the dept., were considered.  Support of the successor from the department personnel would be critical.  Chief Larrabee praised the volunteers in the department. 

Mr. Deschaine said he was working with Public Works Director Colin Laverty to examine the duties of the Maintenance Supervisor position.  They debated if the Maintenance Supervisor’s duties should include cleaning the Fire Station, including the Morgera Room, or should that be the responsibility of the on duty Fire Dept. personnel.  They further questioned if responsibilities include only the bathroom or would it include kitchen and common areas?  Would responsibilities extend to maintenance outside the building (shoveling, lawn maintenance)?  It was decided to review the maintenance schedule with the Fire Dept. personnel and revisit the issue in 90 days.     

NEW BUSINESS

Realtor Colleen Lake presented a Letter of Intent from Joyce Fontain.  Ms. Lake gave a brief background, stating Ms. Fontain was interested in leasing the Bartlett-Cushman House.  Because the lease is over 5 years, it would need to go to Town Meeting to be voted on.  Upon giving it further thought, Ms. Fontain decided to put in an offer to buy the house and the land.  There are many details to be negotiated.  After doing research to have the property surveyed, Mr. Deschaine discovered they are booking 3 months out.  They discussed the offer and if it was of fair market value.  The surrounding land would be an additional offer.  The lot was originally purchased because of the strategic placement of the land.  Heritage Commission member Rebecca Mitchell expressed appreciation that the Board will not go forward with the sale without a preservation easement.  She noted that the Preservation Alliance would need to accept the Bartlett-Cushman House for an easement which could take a few months.  The Heritage Commission’s Preservation Fund has the money to cover the cost.  Mr. Deschaine described the process should this move forward.  A survey would need to be done, it would then go to the Planning Board, we must have a Public Hearing, then a vote.  Heritage Commission member David Canada advocated selling the house and the land and wants the matter expedited.  They debated selling vs. leasing the land under the building.  Mr. Houghton made a motion to require that the sale of the Bartlett-Cushman house include a preservation easement.  Mr. O’Sullivan seconded the motion which passed unanimously.  At 8:53 pm Mr. O’Sullivan made a motion to go into a non-public session to discuss the terms of the sale.  Mr. Lovejoy seconded the motion which passed unanimously.  At 9:41 pm Mr. O’Sullivan made a motion to come out of the non-public session and seal the minutes.  Mr. Lovejoy seconded the motion which passed unanimously. 

Mr. Houghton said there was an offer of $200,000 for the building and approximately .45 acres.  The Board agrees to move forward in that direction with the inclusion of a preservation easement.  Following the process, consistent with requirements of RSA 41:14A, we must declare the property surplus.  From there, it will move forward to the Planning Board for approval and the Conservation Commission for recommendation.  The Board requested an updated purchase and sale agreement.  Ms. Lake said that the Buyer will most likely submit a counteroffer to include the additional land to be used for customer parking.  Ms. Lake questioned if covenants could take the place of the preservation easement.  The Board felt that the preservation easement was best.  All parties are eager to move this forward as quickly as possible.

Continuing New Business, Mr. Deschaine presented the names as recommended by the Library Trustees for alternate members.  Mr. Lovejoy made a motion to appointment as alternate Library Trustees for a term of 1 year the following individuals:  John Dozet, Kathy Bower and Susan Wilbur.  Mr. Houghton seconded the motion which passed unanimously. 

Parks & Recreation Director Seth Hickey emailed a list of staff members that he wanted to hire for his summer program.  Mr. O’Sullivan made a motion to accept Mr. Hickey’s recommendations in his memo dated April 18, 2018.  Mr. Lovejoy seconded the motion which passed unanimously.  Mr. Houghton confirmed that the registration of the summer program pays for the salaries of the summer employees.    

RESERVATIONS

Mr. Lovejoy made a motion to approve the Girls on the Run request to use Room A at the Municipal Center on August 19, 2018 and to waive the fee.  Mr. O’Sullivan seconded the motion which passed unanimously.

Mr. O’Sullivan made a motion to waive the resident requirement because of strong family ties to Stratham and allow Martha Ortmann, former resident and niece of the former Police Chief Bob Berry, to hold a family reunion at the 4H pavilion.  Mr. Lovejoy seconded the motion which passed unanimously.

Mr. Houghton made a motion to deny Colleen Miller’s request to use the Front Pavilion based on non-resident requirement.  Mr. O’Sullivan seconded the motion which passed unanimously.

ADMINISTRATION

The Board discussed setting a date for the All Employee Meeting and to recognize Bruno Federico’s service to the Town.  They are hopeful to hold the meeting in May the week of the 14th or 21st

Mr. Deschaine reported that we were approved for the Bond Bank.  He read the following resolution:   

RESOLVED:      That under and pursuant to the Municipal Finance Act, Chapter 33, N.H.R.S.A., as amended, the New Hampshire Municipal Bond Bank Law, Chapter 35-A, N.H.R.S.A., as amended, and other laws in addition thereto, and to votes of the Issuer duly adopted on March 15, 2002 and March 30, 2007  under  the Warrants for the 2002 and 2007 annual meetings of the Issuer and by a vote of the Board on April 9, 2018, there be and hereby is authorized the issuance of a $2,200,000 Bond of the Issuer (the "Bond") which is being issued by the Issuer for the purpose of current refunding the outstanding maturities of the Issuer’s $4,444,000 Various Purpose General Obligation Bonds dated December 15, 2007, which bonds were issued (i) to currently refund a portion of the Issuer’s bond anticipation notes issued to finance the acquisition of conservation land and (ii) to finance the construction and equipping of a new Fire Station and Emergency Management Facilities.  

The Bond shall be dated as of its date of issuance, shall be in such numbers and denominations as the purchaser shall request, shall mature in accordance with the schedule set forth in Exhibit A to a certain Loan Agreement hereinafter described (the "Loan Agreement"), shall bear a net interest cost rate (as defined in the Loan Agreement) of three percent (3.00%) per annum or such lesser amount as may be determined by a majority of the Board.  The Bond shall be substantially in the form set forth as Exhibit B to the Loan Agreement and otherwise shall be issued in such manner and form as the signatories shall approve by their execution thereof.

RESOLVED:      That the Bond shall be sold to the Bond Bank at the par value thereof plus any applicable premium.

RESOLVED:      That in order to evidence the sale of the Bond, the Treasurer of Issuer and a member of the Board are authorized and directed to execute, attest and deliver, in the name and on behalf of the Issuer, a Loan Agreement in substantially the form submitted to this meeting, which is hereby approved, with such changes therein not inconsistent with this vote and approved by the officers executing the same on behalf of the Issuer.  The approval of such changes by said officers shall be conclusively evidenced by the execution of the Loan Agreement by such officers.

RESOLVED:      That all things heretofore done and all action heretofore taken by the Issuer and its officers and agents in its authorization of the project to be financed by the Bond are hereby ratified, approved and confirmed.

RESOLVED:      That the Clerk and the signers of the Bond are each hereby authorized to take any and all action necessary and convenient to carry out the provisions of this vote, including delivering the Bond against payment therefor.

RESOLVED:      That the useful life of the project being financed is in excess of thirteen (13) years.

I further certify that said meeting was open to the public; the aforesaid vote was not taken by secret ballot nor in executive session; that notice of the time and place of said meeting was posted in at least two (2) appropriate public places within the territorial limits of the Issuer, or published in a newspaper of general circulation in said area, at least twenty-four (24) hours, excluding Sundays and legal holidays, before said meeting; that no deliberations or actions with respect to the vote were taken in executive session; and that the minutes of said meeting have been promptly recorded and have been or will be made open to inspection within one hundred forty-four (144) hours of said meeting, all in accordance with Chapter 91-A, N.H.R.S.A., as amended.

Mr. O’Sullivan motioned to adopt the resolutions relative to the Bond refinancing as read.  Mr. Lovejoy seconded the motion which passed unanimously.  The Board signed the documents.

Mr. Houghton discussed the format he’d like to see regarding the Department reports. Mr. O’Sullivan would only like to hear about aberrations.  Mr. Deschaine will get a template to the Department Heads this week.  Mr. Houghton noted that he would like to reduce the times the Board meets, however, the issues will not be reduced, so he will be moving through the agenda items quickly.  He hopes to start the new schedule in June.

At 10:30 pm Mr. Houghton made a motion to adjourn.  Mr. Lovejoy seconded the motion which passed unanimously. 

Respectfully submitted,

Karen Richard
Recording Secretary