NOTES OF NOVEMBER 23, 2015 RYE BOARD OF SELECTMEN MEETING

Final Revision B – Provided by the Rye Civic League

 

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The video starts at 6:48:53 p.m. (0:00 elapsed).  The audio is off until 6:49:43 (0:50 elapsed).

 

            Present (clockwise around table):  Town Administrator Michael Magnant, Selectmen Musselman, Jenness and Mills, Town Finance Director Cyndi Gillespie.

            Also present and sitting in the audience:  Public Works Director Dennis McCarthy, Interim Fire Chief Tom Lambert, Police Chief Kevin Walsh.

Persons present from the public included:  Mae Bradshaw, Peter Crawford, Burt Dibble, Gustav Garceau.

 

Summary

 

1.      A septic tank pump out ordinance is being considered for parcels located in the Parsons’ Creek Watershed.

2.      MRI was awarded a three year assessing contract.  This will be the fourth Town Assessor since 2010.

3.      The Selectmen approved $800,000 in warrant articles, including $275,000 to replace an eight year old ambulance that was unavailable for 27 days this year.

4.      Dump stickers will not be offered to North Hampton residents at this time, however contractors using the Recycling Center will be required to have them.

5.      For the second meeting in a row, the Selectmen tabled consideration of Jane Holway’s resignation from the Heritage Commission.

 

Announcements (1:35 elapsed)

 

            The New Hampshire Division of Historical Resources has listed the Rye Public Library in the NH State Register of Historic Places. 

            The Town offices will be closed on Thursday and Friday for Thanksgiving.

            The annual Holiday Parade will be on Sunday December 6th at 1:00 p.m.

            Selectman Mills asked whether the Town Clerk’s Office would be open on Saturday.  Selectman Jenness stated that the closing dates had been posted.  She said that she was not certain, but that she thought that day was one of the days that it would be closed.  Selectman Mills stated that the day after Thanksgiving was a holiday pursuant to a union contract.  He asserted that the Town Clerk is not covered by the contract so that should not affect the Saturday opening.  Town Administrator Magnant stated that he would check and see.  Editor’s note:  See the notes of the October 26, 2015 meeting at which Selectmen made a major issue of the fact that the Town Clerk’s office was not open on every Saturday.

 

Consent Agenda (3:03 elapsed)

 

            Selectman Jenness read the items on this agenda, which included the meeting schedule of the Selectmen for 2016, the Holiday Schedule for 2016 and two sign requests for the Rye Driftwood Garden Club.  Selectman Jenness asked to pull item (c), the first sign request for the Garden Club in front of “the church.”  Editor’s note:  Apparently this is a reference to the Congregational Church as it is the only one in the Historic District. There was a motion and a second, but no vote until later (see below).

 

Sign request for Rye Driftwood Garden Club (4:07 elapsed)

 

            Selectman Jenness stated that she had asked to pull this request as she believes that it is excessive.  This is a request for every single month that there is a meeting of the club.  If it is done for one organization there would be requests from others.  She stated that, even though she was a member she did not favor this.

            Selectman Musselman then noted that there had been no vote on the other items.  Items (a), (b) and (d) were then approved unanimously.  He then moved to deny (c).     Selectman Mills asked about the sign at Parsons Field. 

            Mr. Magnant stated that he had sent a letter to the Garden Club as he had received a complaint from the HDC about the number of signs appearing at Parsons Field and in front of the church. 

            There was then discussion about the weekly Farmers Market signs.  Mr. Magnant stated that these are “sometimes” taken down between the weekly events.

            Selectman Jenness then described the Garden Club in more detail.  The planters around Town are maintained by the Garden Club.  There are 125-130 members, she said. 

            Selectman Musselman stated that this request is different as private entities normally must apply each time they wish to display a sign.  He recited a portion of the lyrics of “Signs” by the Five Man Electrical Band “sign, sign, everywhere a sign…”

            The motion was somewhat unclear, but appeared to be that the request for a sign in front of the church was denied, but that requests for a sign in front of Parsons Field would be entertained if made each time a sign was needed.  It carried unanimously.

            Selectman Musselman reminded everyone that “kickoff” was at 8:30 p.m.  Editor’s note:  That evening, the New England Patriots defeated the Buffalo Bills 20-13.

 

Minutes (13:49 elapsed)

 

            The minutes of Thursday, October 22, 2015 were unanimously approved without changes.  The minutes of the site walk on October 26, 2015 were unanimously approved without changes.  The minutes of the November 9, 2015 meeting were approved with changes.  The minutes of the November 17, 2015 meeting were approved without changes.

 

Garceau unmerger request (19:03 elapsed)

 

            Selectman Jenness asked Mr. Garceau whether he would like to have his request considered out of order.  He agreed.  Selectman Musselman then immediately moved to grant the request.  There was no discussion.  All were in favor.

 

Septic tank pump out ordinance (19:49 elapsed)

 

            Planning and Zoning Administrator Kim Reed stated that she had been working on this in connection with the Parsons Creek Watershed grant.  Upon the suggestion of Mr. Magnant, she passed it by Town Attorney Donovan.  He changed it from an ordinance to a health regulation.  His letter, dated November 18, 2015, posed some questions.  She requested that there be a public hearing on December 14 so it could be presented as a warrant article.

            Selectman Musselman asked about the exception for seasonal houses and those occupied by two people.  He suggested an exception to that exception within critical areas.  A map delineating the drainage basin is needed.  Within that there should be sub areas within which waivers of the three year pump out ordinance would not be granted.  He is thinking about Concord Point and areas on both sides of Parsons Creek and the west side of Ocean Blvd. and Marsh and Parsons.  Areas with small lots and obviously inadequate soil conditions should not be able to opt out, he said. 

            Selectman Musselman asked whether it is copacetic to allow the Town’s Building Inspector or septic guy to accompany the pump out provider on lots that do not have State approval.  Half of the houses in the watershed do not have plans.  He would like, when there is authority, that the septic haulage provider be accompanied by the Building Inspector so that the location of the septic tank could be observed.  The distance to the wetland is not known now.  The location of the tank and the leach field could be noted, he said. 

            Mr. Magnant stated that, although the Building Inspector supports the ordinance, he is concerned about the administrative workload.  Ms. Reed read an e-mail estimating 100 hours a year of additional workload for him. 

            Selectman Jenness suggested that the Health Officer could do this, inasmuch as she has not had to put in a “whole lot of hours.”  Mr. Magnant stated that her hours vary from year to year, depending on what is going on with West Nile, mosquitoes and EEE.  There is also a septic consultant. 

            Selectman Musselman stated that he does not believe that a Health Officer adopts a regulation.  He asked whether Attorney Donovan felt that Town Meeting approval was not needed.  Ms. Reed stated that she did not know.  Selectman Musselman stated that Town Meeting approval should be sought. 

            Selectman Musselman asked whether septage haulers needed to be registered inasmuch as they would be required to provide data in order and because they need to know the regulations. 

            Selectman Musselman stated that three years is normally recommended for a fully functioning system.  He questioned whether it should be three years, particularly in the areas with high bacterial hits. 

            Selectman Musselman stated that the Board of Selectman would need to deal with Attorney Donovan on the legal issues prior to the scheduling of a public hearing.

            He also stated that someone on high and dry ground on Brackett Rd. or Long John Rd. may not need to have their systems pumped every two years. 

            Selectman Musselman stated that a five person advisory committee on Parsons Creek should be appointed for next year.  The issue is coming to the Board of Selectmen only once a year.  He stated that there had been such a committee involving him and Selectman Jenness back in 1976.  He added that there needed to be focus on the $80,000 warrant article in the next month or so. 

            Selectman Musselman asked whether contaminated seeps had been found north of the very southern end of Wallis Sands.  Mr. Magnant confirmed that there had not been.  Selectman Musselman stated that the houses on the sand dune are likely not an issue.  However, the data indicate that Parsons Creek itself is heavily contaminated.  The commercial businesses on the west side of Ocean Blvd. south down to Highland Park and Concord Pt., the first couple of houses, need to be addressed, he said.  Something less easy to draw around Marsh Rd. and Parsons also needs to be dealt with, he said. 

            Selectman Musselman indicated that there is still time to get this on the warrant if there is a hearing in January, but the issue needs to be addressed quickly.

           

Notice of violation, 165 Sagamore Rd. (38:58 elapsed)

 

            Mr. Magnant stated that the letters to this resident have generally been ignored and he sought approval for enforcement action if necessary.  Signs and banners are being erected on the property, he said.  Selectman Musselman stated that he would second a motion.  Selectman Jenness asked Selectman Mills whether he would make a motion.  He said no, so she made one.  Selectman Musselman seconded.  Selectmen Jenness and Musselman voted in favor, Selectman Mills abstained. 

 

Assessing Services Contract (39:47 elapsed)

 

            Selectman Musselman stated that they had been through a number of situations with respect to assessing.  Currently MRI is providing a temporary service.  He made a motion for discussion, based on a review of proposals, that a contract with MRI be entered into, conditional on their agreement to a three year contract with a 90-day notice period for termination on the Town’s part, with the understanding that there be a minimum of one year of service.  Selectman Mills seconded.

            Selectman Musselman stated that there was no termination clause in MRI’s proposal.  There needs to be a reasonable trial period with where they have been.  Editor’s note:  According to the Town Annual reports, since 2010, Howard Promer, Norm LeBlond, David Hynes and now MRI, have served as the Town’s Assessor.

            All were in favor.  Selectman Musselman stated that if MRI did not agree that they would have to come back and make another decision.

 

Correspondence:  Landfill monitoring (42:58 elapsed)

 

            Selectman Musselman stated the recent annual reports relating to the Grove Rd. Landfill and the Breakfast Hill Landfill had been reviewed by DES and they are continuing on as in the past.  Both are acceptable, he said.  Editor’s note:  In past years, the monitoring has been performed by Selectman Musselman’s firm, CMA Engineering, for no charge.  This was apparently the case this year as well. 

 

Letter asking for increased shopping availability in Rye

 

            There was a letter from Luke Bradley, a 15 year old student, regarding commercial building creation in Rye.  He attends Portsmouth High School.  The letter expressed concern about the need to leave Rye to go to the convenience store.  He referred to laws permitting him to set forth his views.  There are no grocery stores within Rye which requires residents to consume more gas, the letter said.  Also, gas is not available in Town.  The youth of the Town like to go shopping.  Creating local opportunities for this would bring “joy to the youth of Rye,” the letter said.

            Selectman Jenness stated that she did not know whether this was a school assignment or a letter that Luke drafted on his own volition.  She drafted a letter in response providing an assignment for him which she read.  It asked him to read the portions of the New Hampshire laws regarding the powers of the Selectmen and the Zoning Ordinance.  There is a map on page 112 indicating where commercial and business entities are permitted.  Perhaps the most important document is the Master Plan.  The vision at the beginning and Appendix 3 apply most closely.  With regard to gas stations, Rye is very protective of its ground water, the letter said.

            Selectman Musselman indicated that it was a fine letter and that it was OK to send.

 

Warrant Article, $275,000 for new ambulance (49:17 elapsed) 

 

            Selectman Jenness read the first proposed Warrant Article which authorized the withdrawal of $275,000 from Special Revenue Fund 14, the new ambulance vehicle fund, created in 2005 for this purpose. 

            Selectman Musselman asked what would happen to the existing 2008 ambulance.  He asked whether it is obvious that it is going to be sold.  Interim Fire Chief Tom Lambert stated that generally it is traded in.  The trade in would be deducted.  Selectman Musselman asked whether the amount of the warrant article could be reduced to reflect the amount of the trade in.  He asked how much that would be.  Chief Lambert estimated $5000 to $15,000.  Selectman Musselman stated that was a minimal amount.

            Selectman Mills asked whether the warrant article could state that there was no cost to the taxpayers.  Town Finance Director Cyndi Gillespie stated that she would need to check that.  Editor’s note:  The special revenue fund is fed with revenues from cell towers on Town land.  It would be misleading to say that there is no cost to the taxpayers as this money could be used elsewhere if the fund had not been set up in 2005.  The fund could be dissolved by Town Meeting vote at any time and applied to the general fund to reduce taxes.

            Ms. Gillespie reported that there was $306,000 in the fund as of October 31. 

            Mae Bradshaw stated that she was on the CIP Committee.  On page four of the plan there are specific recommendations.  Such recommendations were requested by the Selectmen the prior year, she said.  The CIP Committee’s recommendation is that this expenditure be postponed as the mileage is relatively low.  The money would still be available if it were to break down. 

            Selectman Jenness asked about the days that the ambulance had been out of commission.  Chief Lambert reported that it was close to 27 days this year that the ambulance had been out of service.  Mutual aid provides the service during these times, he said. 

            Selectman Musselman asked what the annual ambulance revenue was.  Ms. Gillespie reported that it is around $100,000.  Selectman Musselman said that the lost revenue of $8000 per month that the ambulance is out of service is not that significant.  Ms. Gillespie stated that the cell tower revenues going into the fund are about $4000 per month. 

            Selectman Musselman stated that he believed that it was financially sound to buy a new ambulance as there is little return on the funds set aside and the cost would be higher the following year with inflation.

            Selectman Jenness stated that they would move forward with this warrant article, however there was no vote.

 

Warrant article for six-wheel dump truck, $175,000 (56:12 elapsed) 

 

            Selectman Jenness read the warrant article, which called for replacement of a 2002 truck, funded from the Highway Capital Equipment Reserve fund created in 1994.  Selectman Musselman added that there would be no impact on the tax rate.

            Ms. Gillespie reported a balance of $264,743 in the fund.  There would be $89,743 left.  They are asking for $75,000 this year to replenish it, which would provide barely enough to buy the next truck the following year.  Public Works Director Dennis McCarthy stated that, if the Equipment Reserve is funded at $75,000 per year there should be sufficient funds.  Editor’s note:  In recent years the funding has been $100,000 annually.  Selectman Mills asked for the mileage of the truck to be replaced.  Mr. McCarthy reported that there were approximately 80,000 miles on the truck.  They have four six-wheel dump trucks.  This would be the second replacement.  The oldest was replaced two years earlier, he said.  All were in favor.

 

Warrant article for Red Mill Ln. culvert, $150,000 (58:55 elapsed)

 

            Selectman Jenness read the warrant article which provided for replacement of one, or both, of the existing culverts.  Mr. McCarthy stated that they are in the middle of the design, the funds for which were appropriated this year.  It will be ready for bid next year.  They have paid to design both.  The bid will have an alternate for one or two culverts.  They are fairly certain that the cost to do both will be more than $150,000.  There is one that has been damaged that will be repaired first.  Mr. McCarthy stated that the Town might be able to add to the account with any funds that it might have within its budget. 

            Selectman Musselman suggested that the language read “by public bid by construction contractors” as otherwise the language could be read to construe that the engineering services would need to be publicly bid. 

            Mae Bradshaw stated that the CIP Committee thought that this was the third highest priority in the Town as it affects the safety of life and property. 

            Selectman Musselman asked about the flow capacity and the sequence of construction.  Mr. McCarthy stated that the replacements could be done in either order.

            The motion to approve the $150,000 warrant article with the modification carried unanimously.

 

Warrant article to add $75,000 to the Highway Equipment Capital Reserve fund (63:12 elapsed)

 

            Mr. McCarthy stated that if this amount is added each year that they should be fine until 2020.  The motion to approve this funding carried unanimously.

 

Warrant article:  Capital Reserve fund for town-wide reassessment, $50,000 (64:00 elapsed)

 

            Selectmen Jenness read the warrant article, which designated the Selectmen as agents to expend the money.  Selectman Musselman asked why this was being proposed.  He stated that it was new.  Mr. Magnant stated that a five year revaluation would be needed in 2017.  A little over $60,000 was spent four years ago.  A full revaluation would cost $100,000.  That would be determined based on the statistical measurements done by the DRA.  Mr. Magnant stated that revaluation is the kind of work that KRT does.  Selectman Musselman quipped that those are fighting words to Selectman Musselman.  Editor’s note:  See the notes of the October 11, 2012 and October 22, 2012 meetings, during which Selectman Mills expressed his strong displeasure with the new assessments based on the KRT revaluation.

            Selectman Musselman suggested that the amount be reduced to $30,000.  Selectman Mills quipped that KRT would hopefully not still be in business.  Mr. Magnant stated that they had just done Portsmouth.  Selectman Musselman stated that they had created a “firestorm” there as well.  All were in favor.

 

Warrant Article, Accumulated leave fund, $50,000 (68:17 elapsed)

 

            Selectman Jenness read the proposed warrant article, which stated that the fund had been established by RSA 31:91-a by Article 14 of the 1990 Rye Town Meeting.  Ms. Gillespie stated that the liability is $483,000 while the balance is $174,000.  The motion to approve this as presented carried unanimously. 

 

Municipal Buildings Maintenance Expendable Trust Fund, $25,000 (119:25 elapsed)

 

            Ms. Gillespie stated that she had an additional warrant article that had not previously been provided to the Selectmen.  Selectman Jenness read the warrant article which referred to the fund having been established by Article 11 of the 2007 warrant pursuant to RSA 31:19-a.  Ms. Gillespie reported that there is $13,300 in the fund now.  That is for all buildings except the Parsonage, which has its own fund that was set up this year.  However, the Parsonage fund has only has $1000 left as they had to buy a new furnace recently.  The motion to approve as presented carried unanimously.

            Selectman Musselman reported that kickoff was 30 minutes away.

 

Dump stickers (70:42 elapsed)

 

            Mr. Magnant raised the issue of these stickers.  He stated that a warrant article would be needed if they wanted to charge contractors and North Hampton residents for using the dump. 

            Selectman Musselman stated that they had been asked by North Hampton if access to their residents could be provided.  Some North Hampton residents currently use the facility, he asserted.  It would be a kind gesture to allow North Hampton residents to pay for a sticker to use the dump.  The price would more than cover the services, with access only on Thursdays and Fridays.  Voters could vote it down if they like, he said. 

            Mr. McCarthy stated that the facility is very busy as it is and anything that increases traffic there is a problem. 

            Selectman Musselman suggested that they respond to North Hampton, saying that they are awaiting facilities improvements before they can offer their residents stickers.

            There was then discussion about stickers for contractors.  Mr. McCarthy stated that this would allow them to get a handle on who is using the facility.

            Selectman Jenness asked whether these would be offered only to contractors registering their vehicles in Rye. 

            Mr. McCarthy responded in the negative, saying that right now they are coming in and are not registered in Rye.  Mr. Magnant stated that the ordinance requires that the material being disposed of be sourced in Rye.

            Selectman Jenness asked how that is proven. 

            Mr. McCarthy stated that they do not have a way of doing that.  If they have the time, which is typically not available on Saturdays or Thursdays, the contractors are asked where the material is coming from.  Residents sometimes call them to inform them that someone is coming from their house.  They Public Works looked at getting a list from the Building Inspector of open permits, the list is not in order by location so it is very difficult to look something up.  This is why they are proposing that contractors who are working in Town get a sticker.  He indicated that the stickers would be annual.

            Selectman Mills stated that this would be abused. 

            There was then discussion about raising the fees, inasmuch as there is more contractor waste than waste from North Hampton. 

            Mr. McCarthy stated that they were looking at $50 to $150 annually for the contractor stickers. 

            Selectman Musselman asked how the charges for waste disposal are determined.  Mr. McCarthy stated that they look at the load and estimate whether it is a $90 or a $50 load.  It depends on the person.  He said that he sometimes tries to charge someone $50.  When they respond that Alan would charge them $30, he tells them that they can wait until he comes back. 

            Selectman Musselman stated that he senses that they double the charges for Selectmen.  There was laughter.  Mr. McCarthy stated that they know that the Selectmen are good for the money.

            Mr. McCarthy acknowledged that they do not have a handle on the out-of-town waste.  They also receive a tremendous amount of leaves from landscapers.  Mr. McCarthy estimated that between 20 and 200 contractors use the facility.

            Selectman Musselman suggested a warrant article for permits for contractors.

            Burt Dibble, 106 Harbor Rd., suggested that looking at the building permits might give some idea of the type of debris going into the landfill.

            Mr. McCarthy stated that often there is no end point on the building permits, so there is a long list of possibly open permits. 

            All were in favor of the motion leading towards a warrant article requiring that contractors obtain permits.

           

Jane Holway resignation from the Heritage Commission (86:57 elapsed)

 

            Selectman Mills asked who had placed this on the agenda.  Selectman Jenness said that Selectman Mills had.  Selectman Mills stated that he still had not changed his mind.  He stated that he refused to accept the resignation.

            Selectman Musselman moved to accept the resignation.  Selectman Jenness seconded.  Selectmen Musselman and Jenness voted in favor.  Selectman Jenness asked Selectman Mills whether he was abstaining.  He responded no.  He said that Ms. Holway had participated in many things in Town.  He stated that he believed that she had been pushed out.  He said that the Chairman was sitting right there and asked whether she could enlighten them as to what had prompted the resignation.

            Mae Bradshaw, 106 Harbor Rd., Chairman of the Heritage Commission, stated that she had received the resignation letter via Selectman Jenness.  She stated that Ms. Holway had not discussed it with her.  She has no further information, other than that during the vote to approve the Seven to Save application, Ms. Holway was the one dissenting vote.  At that point she had stated that she thought she should resign.  That was the only occasion that she had heard her speak of resignation. 

            Ms. Bradshaw said that, subsequent to the Selectmen having tabled the matter of the resignation, she had received another letter from Ms. Holway asking to resign as Treasurer of the Heritage Commission.  At the last Heritage Commission meeting they had voted to accept that.  They are now without a Treasurer.  Ms. Bradshaw stated that she had been appointed as acting Treasurer. 

            Selectman Musselman stated that, based on Ms. Holway’s letter, it appeared that she had come to believe that the Town Hall should be torn down and that she felt that she would be unable to convince the others to the contrary.  She was the HDC for a long time, he said. 

            Selectman Jenness asked what Selectman Mills’ vote was.  He responded that they were in the discussion period and asked “you people” to reconsider their vote and that he would talk to Jane and possibly have her present at the next meeting.

            Selectman Jenness asked Selectman Musselman whether they wanted to rescind their votes.

            Ms. Bradshaw stated that Peter White had filed an application to return to the Heritage Commission.  He had been the acting Treasurer prior to Jane coming back on to the Commission.  She has not been attending Heritage Commission meetings or budget sessions.

            Selectman Mills stated that this was a drastic move by Ms. Holway, and “God knows, we’ve had our fights.”  He requested two more weeks.

            Selectmen Musselman and Jenness withdrew their motion and second respectively.

            Ms. Bradshaw requested that Peter White’s application be considered at the next meeting, along with Ms. Holway’s resignation.

 

Appointment of Gail Snow as Health Officer for three years (95:37 elapsed)

 

            Selectman Jenness stated that they have the RSA and did not know that the appointment had usually been for a three year term.  The appointment was approved unanimously. 

            Selectman Jenness asked whether there was any more old business.

            Selectman Musselman stated that there were five minutes remaining before kickoff. 

 

Part-time officer hiring (98:12 elapsed)

 

            Mr. Magnant raised the issue of the hiring of a part-time officer and asked whether he should come to the next meeting.  Mr. Magnant stated that this would be for Greg Kendall’s spot.  It was agreed that he should come to the meeting with in two weeks.

 

Septic pump out ordinance

 

            Selectman Musselman asked for authorization for him, Mr. Magnant and Ms. Reed to meet with Attorney Donovan to come up with a pump out ordinance.  This was granted.

 

Adjournment (102:41 elapsed)

 

            The meeting adjourned at approximately 8:31 p.m.  Editor’s note:  This was just one minute after the kickoff of the Patriot’s game.