Bethlehem Board of Selectmen
Meeting Minutes
December 17, 2018
Present: Chairman Moritz, Selectman Moore, Selectman Boisseau, Selectman Glavac, Selectman Ubaldo.
Chairman Moritz opened the meeting at 6:00pm.
Fire Chief, Jack Anderson, came before the Board to discuss purchasing extrication tools. He said the new ones are battery operated so you don’t have to worry about tubes, etc. The Chief said the batteries are interchangeable with the Sawzall’s. He said he has been frugal with his budget and has a balance of $18,426.00 and calculated that he will need approximately $5000.00 of that to finish out the year. He said he would like to get the spreader for $11,400.00 this year in this year’s budget. He said Bethlehem Emergency Services has some funds to purchase the second one. The Chief explained mounting brackets and a lighted handle comes with it and that it has a life span of approximately 10 years. He said the batteries needed for it can be purchased at Home Depot. The Chief was asked what the old method was, and he said to call mutual aid and said they got some old ones for free, but they are extremely heavy. Selectman Boisseau moved to approve the spreader purchase for $11,500.00. Selectman Moore seconded. Carried 5-0.
Jamison Paine and Dave Garvey from KW Commercial came before the Board to go over their analysis of the Country Club. Mr. Paine explained they evaluated the country club for 3 different outcomes; sell, long-term lease and hold. He said they looked at assessed values, other courses, condition, etc. He said there are a number of deficiencies on the course to make it a good condition course including drainage issues. He also said there are many deficiencies with the clubhouse too, including roof, flooring, walls, equipment, etc. Mr. Paine said there are $450,000 in improvements needed for the course and clubhouse. He said with the improvements made it would have a value of $850,000 but without the improvements the suggested selling price is $400,000. He suggested a lease price of $25,000/year and said there will be a better tax benefit after the improvements are made. He discussed with the Board redevelopment opportunities around hole #15 and how it makes sense to them to move the highway garage because it takes away value and redevelopment options. There was discussion about the term of leasing which was recommended to do 20-year lease in 5-year increments and include tax incentives, so they don’t pay taxes during the years they are putting money into improvements. Selectman Ubaldo asked about the hold option and Mr. Garvey said to stop the decline the town has to put $450,000 investment into it and said we will be competing against all other courses in the area. He said the investment into it needs to happen quickly. He suggested a three-year plan at the most. Selectman Ubaldo mentioned the possibility of a Donald Ross grant to address drainage issues. Selectman Boisseau asked if that is a matching grant. Selectman Ubaldo said he is not sure. Selectman Moore asked how moving hole 15 would affect the fact that it is a Donald Ross course. Mr. Garvey said he didn’t know. Selectman Glavac asked about the timeline for lease execution and was told 6 months to a year. Selectman Glavac asked if that means in 2019 the town would have to operate the country club and was told probably. Chairman Moritz asked about doing a lease to buy with 1st right of refusal. Mr. Garvey said the economy always shifts so suggested leaving options open. He suggested a purchase option if they spend a certain amount. Steve Monson asked of the $450,000 how much is for the clubhouse and how much for the course and was told it is about 50/50. He said he owns a course and the development is important piece and said the town would lose the Donald Ross course if they move a hole. Mr. Garvey said a number of courses in NH have been leased and then purchased. He said golf is declining game now but who knows what will happen with that and said a few different areas are developable. He said if money is put into the building the restaurant could be year-round. Cheryl Jensen asked if the Donald Ross grant has been an option all along. Matt Courchaine said it was 2 years ago but not sure if it is still an option. Mrs. Jensen asked why we didn’t apply, and Mr. Courchaine said they were too late. David Wood asked if they were able to review the wetlands report that was done in the past. Mr. Garvey said they didn’t see the report, but they know there are wetlands and said there are ways to mitigate that. Mr. Wood asked if the maintenance facility on the highway grounds would be able to be used by lessee for the facility and to use the gas. Chairman Moritz said they wouldn’t be able to use the gas and said because municipality isn’t taxed, they cannot allow that. She said she obtained legal advice from NHMA about that. Mr. Garvey said it would be a land lease. Mr. Wood said it would still be a municipal owned course. Chairman Moritz said that can be revisited. Mr. Wood asked about timing because of the town meeting vote. Chairman Moritz went over important dates; Petitioned Warrant Articles due on 01/08/19, Budget Hearing 01/14/19, Deliberative 02/04/19, voting day 03/12/19. She said a proposal would need to be submitted by 01/14/19 so it would be discussed at the budget hearing. Carol Kerivan asked what the process is to move forward now; vote on leasing it and if the option (lease, sell, hold) is what goes on the warrant. Chairman Moritz said the next meeting is scheduled for Jan. 7th, so people can ask questions. She also said the Board all needs to process the report and get feedback. Selectman Glavac said there is a question on what the warrant article would be; ask the voters to allow to sell, lease or hold depending on what the Board decides on. Chairman Moritz said the interpretation of the warrant article has been different and said one interpretation was that a final contract was to be presented as the warrant article. The Board discussed the warrant article giving the Board the decision to go forward on what the Board recommends and include a basis for the contract; won’t be less than_$_______ so can go forward this year. Selectman Glavac asked why box them in and said the warrant article should just ask if the town authorizes the Board to execute a lease (or sale or hold). Paul Greenlaw asked if the Board can have a warrant article this year to negate last years and asked if town is voting on leasing or lessee with specific lease. Chairman Moritz said the warrant would eliminate needing to bring final contract to voters. Selectman Glavac said whatever is on warrant this year needs to be crystal clear. Chairman Moritz asked if they are leaving the part about it remaining a golf course. Selectman Boisseau asked how much are we requiring for it to remain a golf course; 18 hole Donald Ross and was told yes. The Board decided to hold a public hearing on January 7th to discuss a proposed warrant article. Mr. Paine confirmed he could attend to answer questions.
Selectman Boisseau said there has been a complaint against Chairman Moritz that she threatened to publicly embarrass Matt Courchaine. He asked Chairman Moritz to recuse herself from the conversation. He explained Matt Courchaine made the complaint and Chairman Moritz contacted him the evaluate and report to the Board. Selectman Boisseau said he contacted legal and was advised to get vote from the Board to allow him to lead the conversation. Selectman Moore moved to have Selectman Boisseau take the lead in the conversation. Selectman Glavac seconded. Selectman Boisseau explained the Board hasn’t decided to have him take the lead so they need to vote. He said he in good faith looked into it and contacted legal soon after. He said he doesn’t have any more info than the rest of the Board has access to. Selectman Boisseau said procedurally things could have gone better. He said Chairman Moritz called and asked him to handle it and said they (him and Chairman Moritz) haven’t had further conversations since then. Selectman Glavac said he asked that Primex handle it and was told Primex doesn’t handle investigations and was also told they are there to give advice and this was handled the same way as all the other times Primex was contacted for Human Resource advice. Selectman Glavac said he doesn’t have an issue with Selectman Boisseau handling it. Selectman Ubaldo asked why the other board members weren’t contacted. Selectman Boisseau said he didn’t know what he could give out, so he checked with legal and as soon as he asked counsel, he told Selectman Ubaldo. Selectman Boisseau said it is more of a conversation than an investigation and said there is no legal investigation. He also pointed out the Board is not meeting for another 3 weeks so this should be addressed. Carried 4-0 (Chairman Moritz abstained).
Selectman Boisseau said legal recommendation was to read the complaint, rebuttal and witness account. Selectman Boisseau read the statements from Matt Courchaine, Chairman Moritz, and April Hibberd. He said NHMA said there was no criminal intent or threat. He said there is nothing in the handbook that shows this as harassment and said he believes it could have been addressed by further conversation. He said there was no violation of the oath of office. Selectman Boisseau said he believes it was an improper procedure because the complaint from Mr. Courchaine should have gone through Ms. Hibberd. He said the request of him leading the conversation should have come from Ms. Hibberd. He pointed out there is no violation of the employee handbook, is not a legal matter, had to be addressed in public because it is against a public official, could have been resolved if clarifying questions had been asked. Selectman Glavac said words used by Mr. Courchaine were red flags and warranted him to forward complaint to Ms. Hibberd. He said he agrees though that things could be handled differently and agrees with what Selectman Boisseau said. He said he takes Chairman Moritz’s take on it. Selectman Ubaldo said Mr. Courchaine felt uncomfortable and they need to be a cohesive board. He said this is not the way we want to operate and said Mr. Courchaine should get an apology. Selectman Moore said Chairman Moritz’s intent was not to make Mr. Courchaine feel bad but wanted him to be prepared. Selectman Boisseau said moving forward how do we avoid this in the future. Selectman Glavac said to be careful about how we communicate with department heads. Chairman Moritz told Mr. Courchaine she didn’t mean to hurt his feelings and it wasn’t her intent. She said she is a fair boss and has never had a complaint before. She apologized to Selectman Boisseau about asking him to handle it. She explained her reasoning for asking him was because he has handled investigations before and because they are not friends and that Selectman Boisseau is not friends with anyone else on the Board. She said she always works with the Board and believes these were fair questions that she asked Mr. Courchaine. She said she would use different words and would contact liaison next time and said it is the liaison who is responsible for knowing the departments numbers. Steve Monsoon spoke for Mr. Courchaine and said there was tone in the phone call and said Mr. Courchaine accepts her apology.
Chairman Moritz called Mr. Courchaine to the Board to address his request to purchase a work cart. Mr. Courchaine said he doesn’t have the money to make the purchase.
PUBLIC INPUT
Chris Jensen said he attends the meetings almost every Monday night and people make accusations and statements and Chairman Moritz responds politely and said she was trying to avoid embarrassing Mr. Courchaine.
Mr. Robie said there is a new highway truck, police cruiser, and voting machine but no warrant articles for them. He was told the voting machine was purchased with donated funds from Bethlehem Reimagined and the highway truck was purchased from the extra highway block funds. He said there should votes on those purchases. Selectman Boisseau said the truck purchase was discussed at a prior meeting and was on the agenda and said Mr. Jackson presented 5 different options. Mr. Robie said he doesn’t think it is appropriate that one selectman spends more time at the office than others. Chairman Moritz pointed out they have to go one at a time or else they would have to post it as a meeting if they were all there.
Chris McGrath asked if an outside source can handle this (complaint). Chairman Moritz said the attorney would be the outside source. Cheryl Jensen said the Board should be able to ask tough questions to department heads and said they need to be prepared and the Board needs to ask hard questions about how money is spent.
Selectman Ubaldo left the meeting.
The Board reviewed the minutes from 12/10/18. Selectman Moore moved to approve the minutes. Selectman Boisseau seconded. Carried 3-0 (Chairman Moritz abstained).
The Board reviewed an abatement due to overpayment for Map/Lot 410-009-011 for $517.81. Selectman Glavac moved to approve the abatement. Selectman Moore seconded. Carried 4-0.
The Board reviewed the country club lease paperwork. Selectman Glavac will work with Mr. Courchaine on getting the info that is needed.
At 8:12 pm Chairman Moritz moved to go into non-public session per RSA 91A:3 II for matters of personnel and legal. Selectman Boisseau seconded. Chairman Moritz did roll call with all members agreeing to go into non-public session.
Chairman Moritz moved to approve pay increase for KL due to the fitness incentive. Selectman Moore seconded. Carried 4-0.
The Board discussed legal correspondence.
At 8:25 Chairman Moritz moved to adjourn. Selectman Moore seconded. Carried 4-0.
Respectfully submitted,
April Hibberd
Administrative Assistant
