NOTES OF NOVEMBER 27, 2017 RYE BOARD OF SELECTMEN MEETING
Final Revision B – Provided by the Rye Civic League
Present (clockwise around table): Town Administrator Michael Magnant, Selectmen Craig Musselman, Priscilla Jenness and Phil Winslow, Finance Director Cyndi Gillespie. Also present and sitting in the audience or the lobby outside: Police Chief Kevin Walsh, Fire Chief Mark Cotreau, Public Works Director Dennis McCarthy, Recreation Director Lee Arthur, Library Director Andy Richmond.
Persons present from the public included: Karen Allen, Victor Azzi, Steven Borne, Mae Bradshaw, Kaitlyn Coffey, Peter Crawford, Todd Cronin, Brian Klinger, Karen Oliver.
Editor’s
note: For ease in finding particular
sections using the archived video and audio on the Town website, the elapsed
time is indicated. Use the slider and
the elapsed time indicated at the bottom of the video window to fast forward to
the desired section. Videos on the Town website may currently be accessed
at www.town.rye.nh.us by clicking on
“Town Hall Streaming” at the bottom left of the screen. Follow the link for “Town Hall Live
Streaming,” then find the meeting by date under “Previous.”
The video starts
at 6:56:33 p.m. (0:00 elapsed).
Summary
Announcements (0:47 elapsed)
Selectman Musselman
apologized for the late start and said that they the Selectman had had issues
to deal with on the phone. Selectman
Jenness announced the Holiday Parade on December 3, 2017.
Sealing of minutes (0:35 elapsed)
The motion to seal the
minutes of the non-public session just concluded carried unanimously. Selectman Jenness abstained. Editor’s
note: Selectman Jenness was observed
sitting in the meeting room prior to the other two Selectmen coming down to
join the meeting. She was apparently not
in the non-public session. Since she is
an owner of a portion of the land on South Rd. that was to have become part of
a large subdivision, the denial of which is the subject of ongoing litigation
in the Rockingham County Superior Court, it appears likely that the non-public
session for “litigation,” on the meeting’s agenda, was to discuss that case,
with the Town Attorney joining the conversation by telephone.
Public comment (2:25 elapsed)
Mae Bradshaw commented that since the Board
of Selectmen is considering the acquisition of a building in the center of
town, and as the Parsonage Committee suggested last year, this might be a good
time for a warrant article to do a “Plan New Hampshire” for the center of town
that would include the Parsonage building, the potential new building, and
plans for the Junior High now that there will be a report from the associated
committee.
Peter Crawford said
that he agreed with that. He said that
he would like to comment about the painting of Town Hall which is on the
agenda. He said that Town Hall had
resulted in a series of warrant articles and it looks as though there may be a
number of related warrant articles again this year, including for the
acquisition of the TD Bank building, the possible Loftus warrant article and
possible other petitioned warrant articles.
Thus, it would be a good idea to do this as a separate warrant article
for this as well. Editor’s note: TD Bank is
closing its bank in Rye and has offered to sell the building and associated
land to the Town for $540,000. John
Loftus is in the process of completing, with outside help, a design to tear
down and rebuild the Town Hall and it appears that he will be proposing a
petitioned warrant article to do so in 2018.
They could be amended at the Deliberative Session to make sense
together, Mr. Crawford said. In addition, Mr. Crawford said, there has been
a trend towards larger and larger investments being put into the Capital Outlay
line. That’s not necessarily good. I understand that small items need not be
debated as separate warrant articles, but once they get to $75,000 or $100,000,
and the painting is going to be about $120,000, it really needs to be a
separate warrant article. Any time that
the topic of the Capital Outlay item is something that the people have been
involved with before, it should always be brought back to them so that they can
be updated on what happened with the money that they previously voted. A mistake was made with the Red Mill Ln.
culvert. The amount of $150,000 was
initially voted to do both, but the cost of each ended up being $250,000. Editor’s
note: 2016 Article 7 provided $150,000
to replace “one or both” Red Mill Ln. culverts.
That amount proved to be insufficient even to do one culvert, so the
$150,000 was carried forward and $110,000 in the 2017 Capital Outlay budget was
added to it. The Capital Outlay budget
is part of the Operating Budget and the only options for voters at the March
election are to vote the entire operating budget up or down. Part of that was put in the Capital Outlay
in a subsequent year, although the second $250,000 is going to be another
warrant article combined with other items to be bonded, Mr. Crawford said. Once the voters have been involved, every
subject should be a separate warrant article and they should be given an
opportunity to vote it up or down, he said.
Consent agenda (6:17 elapsed)
Selectman Jenness asked
to take item A off of the Consent Agenda.
She also asked that Items E and F be removed as the persons seeking
appointments under these two items were present. Items B, C and D were then unanimously
approved.
Selectman Jenness noted
that, as to item A, the Selectmen’s 2018 Meeting Schedule, a meeting was
scheduled for Christmas Eve. It was
agreed that that was not a good idea.
All were in favor of the motion to move the meeting to Thursday,
December 27.
Caitlyn Coffey
introduced herself as a candidate for the position of an alternate on the
Historic District Commission and was unanimously appointed. Todd Cronin introduced himself as a candidate
for a position on the Recreation Commission and was unanimously appointed. Mae Bradshaw noted that Mr. Cronin is married
to Karen Stewart, who is on the HDC.
Library budget (11:30 elapsed)
Selectman Musselman
proposed that Item 9A, the Library budget, be taken next, out of order. He said that he was making a motion to table
the budget again so that Town Finance Director Cyndi Gillespie could meet with
Library Director Andy Richmond and look at the details of the budget. A little more clarity is needed on what the
Town pays out for various people and what the Library budget is. Selectman Winslow seconded. All were in favor.
Library Trustee Karen
Oliver asked whether she could read a letter to the Board. Selectman Musselman said that it is in their
packet and they had read it. It would be
appropriate for next time, he said. Ms.
Oliver asked when that might be.
Selectman Musselman said that it would be after the numbers are trued
up. Ms. Oliver asked for more
detail. Selectman Musselman said that
Cyndi and Andy would be going through that.
Ms. Gillespie suggested that she and Andy Richmond get together the next
day.
At this point, Library
Director Andy Richmond, and Library Trustees Karen Oliver and Brian Klinger
left. Editor’s note: The RCL also
understands that Library Trustee Karen Allen was waiting in the lobby. Thus, four people needlessly attended the
Board of Selectmen meeting, only to learn at the last minute that consideration
of their budget would again be postponed.
Minutes (13:53 elapsed)
The
minutes the November 13, 2017 meeting were unanimously approved with changes. The minutes of the non-public session of the
same day were unanimously approved without changes.
Property files, Document Scanning RFP (18:24
elapsed)
Town Administrator
Magnant stated that this project had arisen when design/build proposals were
being sought for this building. We were
concerned that the files in the Building Inspector’s office would be too heavy
to put on the second floor of Town Hall, so we looked at the possibility of
scanning them, he said. Editor’s note: The design/build proposals were sought in
2016. Neither warrant article arising
out of these proposals (2017 Warrant Articles 6 and 7) passed. Mr. Magnant said that $60,000 had been
budgeted for the scanning. He, Town
Finance Director Cyndi Gillespie and Building Inspector Peter Rowell have been
discussing the issue for a number of months.
There are 440,000 documents and 20,000 oversized documents. There are 270 roll files with 7-12 plans in
each. The cost of scanning the oversized
documents is $1.00 to $1.75 each. There
are lots of duplicates. The vendors are
advising them to just scan all of the documents anyway. There are not many vendors addressing the
government scanning market at present.
They (apparently referring to the three town employees discussing the
issue) have come to the conclusion that the project should be postponed until that changes. The
Town should not continue to accept paper documents once the conversion has
occurred. There is also concern that the
permitting software, which is tied into the assessing software
would not be usable in the new environment.
He suggests that, when there is time, the duplicates be pulled out of
the files. The Town should wait and see
if there is an out-of-the-box solution in the next year or two, he said.
Selectman Musselman
referred to his firm’s off-site storage in Milton, NH and said that the
scanning industry is unable to tell which documents are duplicates. There might be a minor change on page four,
he said. Either all must be scanned or
an engineer must first review them. He
said that now that there are two full-time inspectors, it may be time to go
through the files to eliminate duplicates.
There was then
discussion about the various bids. Mr.
Magnant said that three companies were in the $55,000 range, but these quotes
were based on estimates. One firm
included an estimate for scanning the full-size drawings. That came in at about $77,000, he said.
Selectman Jenness
referred to the numerous times in meetings that it was said that all of the
documents would be digitized in the future.
Editor’s note: For example, at the 2011 Deliberative
Session, an Amendment was made to Article 14, which provided $40,000 for a Town
Hall architectural/engineering and structural study, to add the words
“consideration of 21st century technology impact on facility
needs.” However, the possibility of
reducing the space requirement through scanning of documents was not seriously
considered by the Selectmen or various Town Hall committees until 2016, after
the Town had repeatedly voted against funding to advance large Town Hall
projects.
Selectman Musselman
asked whether a requirement to file in electronic form could be passed
now. His firm does not file engineering
drawings away any more. There is a
problem viewing PDFs on a small screen through, he said. He said that documents would need to be
printed out for Planning Board deliberations, but they wouldn’t be archived in
that format. He suggested that the staff
should be asked for a schedule to eliminate duplicate and superceded
drawings.
Selectman Winslow said
that, if that is a motion, he seconds it.
All were in favor.
Codification RFP (29:41 elapsed)
Town Administrator
Magnant said that, some time after he arrived eight years earlier, the Town
Attorney had suggested codification. The
Public Works Director had also shown him a copy of the codified ordinances used
by the town that he previously worked with.
General Code is the
preferred vendor, Mr. Magnant said. He
suggests that the contract be awarded to them.
They have been around a long time.
They do 250 cities. The Town
Attorney is on board. This will be a one
year to 18 month project to look at all of the minutes and make sure that everything
has been legally passed. The annual
subscription is $695. The Town can
always get out of the service if they pay a small fee to have the information
on a CD. The bids were all close, at
approximately $10,000 to $11,000, he said.
The motion to approve
contracting with General Code carried unanimously.
Acceptance of Cedar Run as a Town Road (36:32 elapsed)
Town Administrator
Magnant said that the project is done.
Selectman Jenness asked
how many houses had been built there and how many were left to go.
Public Works Director
Dennis McCarthy said that two houses had been built, and he believes that that
the one remaining lot was bought by an abutter.
He said that if the person who bought the lot changes his mind at a
later date he could sell that lot.
Mr. Magnant said that
the warrant article would be drafted such that approval would be subject to the
approval of the DPW Director.
Selectman Winslow
referred to three parking spaces that had been agreed to for those using the
conservation land. Editor’s note: Selectman Winslow
was on the Planning Board at the time that the project was approved.
Public Works Director Dennis McCarthy said
that it is just a gravel parking area.
It was agreed that Town Counsel would be
asked to prepare a warrant article.
Letter regarding lack of attendance of Randy Crapo at
CIP meetings (39:02 elapsed)
CIP Committee Chairman
Mae Bradshaw addressed. She said that
the letter requested that Mr. Crapo be removed from the CIP Committee. For the past two years he has not attended
any meetings. The Committee asked him to
resign, but he ignored the request.
Selectman Musselman
asked whether the CIP Committee was appointed each year.
Town Administrator
Magnant said that there is no term limit.
Selectman Musselman
asked whether it might be appropriate to wait until March or April. He asked whether they ask people each year
whether they want to continue.
Town Administrator said
that, with the CIP Committee, membership automatically continues.
Ms. Bradshaw said that
it is difficult to get people to serve, so she wouldn’t want to encourage
members to consider whether they want to continue to serve. It’s a lot of work, and it takes teamwork. This year it was almost impossible to get a
quorum if one person was out or sick. He
used to represent the Budget Committee, but now I’m on the Budget Committee
that’s no longer necessary, she said.
Selectman Musselman
asked where the procedure came from. Ms.
Bradshaw said that it is statutory.
Mr. Magnant said that,
in the past, the Town Attorney has opined that the procedure for Land Use
Boards be used, which includes a public hearing. He suggested, however, that a polite letter
from the Board of Selectmen asking him to consider resigning, and outlining the
next steps, might be effective.
Ms. Bradshaw said that
Russ Bookholz had sent a letter of resignation once he realized that he was
unable to attend meetings.
Selectman Winslow said
that he should be given a date certain by which to respond.
Letter from Gregg Mikolaities re:
general maintenance of the Rec. Area (44:42 elapsed)
Lee Arthur
addressed. She said that the issue had
been somewhat addressed during their budget hearing. Assistance is needed with shoveling and
plowing prior to the opening of business.
Sometimes the plowing doesn’t get done prior to the opening of
business. She said that this could be
addressed by changing the Public Works priorities.
Selectman Musselman
said that that is a decision for Mr. McCarthy, not the Selectmen.
Ms. Arthur said that
six spaces in the parking lot and one shot to the office needed to be
plowed. She also asked about shoveling
and bathroom maintenance.
Selectman Musselman
said that they had decided not to hire a person to fill a Public Works position
that could have done that. He added that
the Town Custodian is oversubscribed as it is.
Mr. McCarthy said that
the exterior work, including shoveling, had been on the list of things for his
proposed new hire to do, but the interior bathroom maintenance was not.
Capital outlay item: Painting of
Town Hall (51:07 elapsed)
Town Administrator
Magnant said that nothing official had been released with respect to the L-Chip
grant. They had expected to hear by now,
although he understands that the group approving L-Chip grants had met.
Selectman Musselman
said that, if the grant was turned down, painting, wood repair and the historic
study could be done. However, that could
be funded out of capital reserves with a minor addition to the maintenance budget.
Town Administrator
Magnant said that the building is in pretty tough shape and he had been
thinking about asking for an increase to the capital reserve. A major electrical project has been done, but
there are still problems, he said.
Ms. Gillespie said that
she had just sent out a check, so there is $88,000 in the capital reserve fund,
including the $25,000 from this year that has gone in. Another $25,000 addition is budgeted for
2018. For this building, $7500 has
consistently been budgeted, however that has been overspent, she said.
Selectman Musselman
asked how use of scaffolding could be avoided.
Editor’s note: In recent years with heavy snow, scaffolding
has been erected to protect the main entrance to Town Hall from falling
ice. Public Works Director Dennis
McCarthy said that larger gutters would be needed. The current ones are sized for a home. A tremendous amount of water flows when the
snow starts to melt, he said.
Selectman Jenness asked
whether gutters would eliminate the icicles.
Mr. Magnant said that
the problem is the insulation.
Ms. Gillespie said
that, when the sun shines on the south side of the building, the water pours
off of it.
Mr. McCarthy said that
larger gutters, more downspouts and insulation are all needed. The gutters could also be removed, but then
splash back onto the building would accelerate the rot.
Selectman Musselman
said that $88,000 plus $25,000 plus $7500 would be just enough to fund $120,000
of painting and wood replacement, but would bring the capital reserve to
zero. He suggested that $25,000 be added
to a line item.
Selectman Musselman
asked forgiveness for being premature, but asserted that the Town should buy
the bank building, and make do here, bringing the building up to ADA code for
the downstairs, and making a series of repairs to the building until the voters
decide to do something more grand.
Ms. Gillespie said that
the bottom line of the Town Hall budget is $21,260 but a few things are going
to be brought back to the Selectmen.
Selectman Musselman
said that the issue would come back before the Selectmen at a later date.
Selectman Winslow asked
whether additional funding would be put in the capital reserve or in
maintenance.
Selectman Musselman
said that it would go into the maintenance account. He asked for the addition of $25,000. All appeared to be in agreement.
Old Business: Utility pole
license, Lafayette & Washington Roads (59:58 elapsed)
Town Administrator
Magnant said that, the last time that this had come up, the Selectmen had
denied the license due to the non-removal of the second poles. Editor’s
note: Along Washington Rd., there are
double poles, located directly adjacent to each other, in a substantial number
of locations. The taller poles carry
electrical wires that were recently installed in connection with a service
upgrade for Rye by Eversource, however the shorter
poles still have wires on them. The
hold up turns out to be the Town, which has not removed its old fire alarm
wires that are on the poles, Mr. Magnant said.
Those wires need to be removed before the poles can be removed. That said, he does
not believe that either Comcast or Fairpoint has removed their wires
either. The Fire Chief has been working
on finding a contractor. It is not proper
to continue to hold up the license, he asserted.
The motion to grant the
pole license carried unanimously.
Legislation proposed to limit towns’ regulation of hunting on their land
(61:56 elapsed)
Selectman Jenness
referred to a recent article that said that there is a law on the books giving
the State exclusive control over firearms regulation that bans municipalities
from regulating firearms, Chapter 159:26.
She read from a newspaper article which refers to House Bill 1749 for
2018. The article would nullify
ordinance and establish legal liabilities for those who vote for them,
including civil fines of up to $5000 for each violation, she said, quoting the
article. That is a concern. I don’t know if we ban hunting in the Town
Forest, she said. Editor’s note: This is an
apparent reference to N.H. Rev. Stat. Ann. (“RSA”) 159:26. However, see RSA 207:59, which is an
exception to RSA 159:26, and states that “[n]othing in this section shall be
construed as affecting a political subdivision’s property rights concerning
land owned and controlled by that entity.”
It thus appears that the town may currently regulate firearms use on its
own land. Since 2018 HB1749 would reenact
RSA 159:26 without the reference to 207:59, and since it also amends RSA 41:11-a,
I to subordinate the authority of the selectmen to manage all real property
owned by the town to the reenacted RSA 159:26, it appears that towns would no
longer be able to ban hunting on town-owned land if that is enacted into law.
Town Administrator Magnant said that he
would reach out to the NHMA on this issue.
TD Bank building acquisition (64:27 elapsed)
Town Administrator
Magnant reported that he had just received the Purchase and Sale Agreement that
the selectmen had authorized him to negotiate.
Editor’s note: See the video of the November 16, 2017 Tax
Rate Setting meeting at https://vimeo.com/243468051
at 32:44 elapsed at which it was revealed that TD Bank had offered the building
and parcel of land to the Town for $540,000 and the Selectmen authorized the
negotiation of an agreement that price, subject to certain contingencies,
including Town Meeting approval and a building inspection. Mr. Magnant reported that he was working
with the Building Inspector on the inspection of the building and leach field,
but had not had a chance to digest the proposed Purchase and Sale Agreement
yet.
He said that he would probably refer it to the Town Attorney.
Speed monitors on Dow Ln. (65:17 elapsed)
Selectman Musselman
said that he likes the white strobe on Miller Ave. in Portsmouth, which, he
thinks, comes on at 5 m.p.h. over the speed
limit. I saw one today in Vermont
outside of Woodstock, VT. Instead of a
white strobe, it has blue strobes on either side. Those are really stark, he said. He said that he thinks that things like that
will be very effective at reducing speeds.
There was discussion
about the poles that had recently been installed in the roadway at Washington
Rd. and Dow Ln.
Police Chief Walsh said
that he would be purchasing a speed sign the next day. He will be looking at one with a strobe color
other than white. It will have a lime
green border. He agreed to look into
bright blue.
Intersection of Lang and Lafayette Rd. (68:00 elapsed)
Selectman Winslow
reported that Service Credit Union is balking at a proposed curvilinear layout
and is talking about two 90 degree turns instead. Editor’s
note: At prior meetings, a proposal to
reroute Lang Rd. behind the Service Credit Union so that it aligns with Ocean
Rd. and can use the existing traffic light at that intersection was
discussed. There is nothing about
funding yet, Selectman Winslow said.
Selectman Musselman said that he thought
that the road was part of the Planning Board approval. Selectman Winslow agreed, but said that it
was not specific.
Adjournment (69:02 elapsed)
Whereupon
the meeting adjourned at 8:06 p.m.