NOTES OF DECEMBER 11, 2017 RYE BOARD OF SELECTMEN MEETING
Final Revision C – Provided by the Rye Civic League
Present (clockwise around table): Town Administrator Michael Magnant, Selectmen Craig Musselman, Priscilla Jenness and Phil Winslow. Not present: 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, Library Director Andy Richmond, Planning Assistant Kim Reed, Building Inspector Peter Rowell.
Persons present from the public included: Karen Allen, Victor Azzi, Steven Borne, Peggy Balboni, Mae Bradshaw, Peter Crawford, Katherine Errecart, Brian Klinger, Jeanne Moynahan, Karen Oliver, Karen Stewart, Paula Tsetsilas, Phil Walsh.
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 6:51:39 p.m. (0:00 elapsed). The audio is off until 6:52:31 p.m. (0:52
elapsed).
Summary
1.
Consideration of the Library Budget
was tabled for a fourth time.
Fourth delay of Library budget approval (1:15
elapsed)
The meeting was
reconvened and the pledge of allegiance was recited. Selectman Musselman then announced that the
Library budget would again be tabled. Town
Finance Director Cyndi Gillespie is needed to understand the issue but she has
an illness in the family and will not be present, he said. Editor’s
note: The Board of Selectmen has only
the duty to submit its recommendation, and lacks authority over Library
budgetary matters, particularly at the salary level. See N.H. Rev. Stat. Ann. (“RSA”) 202-A:6 (library
trustees have “the entire custody and management of the public library and of
all library-related property, including appropriations); RSA 32:16, 32:17 (the
Budget Committee prepares the budget, but the Board of Selectmen is required to
submit their recommendations to the Budget Committee “at such time as the
budget committee shall fix.”); RSA 202-A:11, II (the Library trustees are
responsible for preparing their annual budget indicating what support will be
required out of public funds and are authorized to expend all moneys raised by
the town for library purposes).
Chairman of the Library
Trustees Karen Oliver referred to a letter that she had sent to the Selectmen
and asked that they be allowed to meet with the Budget Committee the following
Thursday. He said that the matter would
be taken up at a later date. Editor’s note: All five of the Library Trustees, including
Ms. Oliver, Karen Allen, Victor Azzi, Brian Klinger and Phil Walsh were present
at the meeting, and had apparently come to support the Library’s budget.
Selectman Musselman
immediately said “no.”
Karen Oliver said that
she believed that technically she could ask for this.
Selectman Musselman
said that it is their opinion that the Library cannot do that. We have always reviewed the budgets before
the Budget Committee, he said. He asked
Town Administrator Magnant whether he had any input.
Mr. Magnant said that
that had always been the process. Editor’s note: Pursuant to RSA 32:17, the Selectmen are
required to give their recommendation on budget items by a date set by the
Budget Committee. Nothing in the RSAs,
however, requires the Budget Committee to have received these recommendations
prior to establishing the budget for any department. At its December 21, 2017
meeting, the Budget Committee approved the Library budget as requested,
notwithstanding the absence of any submitted recommendation by the Board of
Selectmen.
Karen Oliver asked when
the matter would be taken up. Selectman
Musselman said that they did not know.
Ms. Oliver said that a number of the Library Trustees would be unable to
attend the next scheduled meeting, on December 26, 2017.
Karen Oliver asked
whether there was anything that the Selectmen could put the Library on notice
of.
Selectman Musselman
said that they needed to understand what Ms. Gillespie understands first. He said that the email that she had sent had
not helped. We are more confused now
than we were before, he said.
Public comment (4:08 elapsed)
Peter Crawford noted
that School Use Feasibility Committee report was on the agenda. Some good things came out of that,
particularly with regard to the census, which could help both the Town and the
School, he said. The Committee was,
however somewhat stacked with parents who had a preconceived notion in terms of
what could be done, he said. If I look
at the interim 2015 census, there are very few children under five in Rye. Enrollments are going to continue to be a
problem and I don’t know how a decision can be made to not close one of the schools. We are going to be facing that within the
next few years, although maybe not this year or next. It will continue to be an issue regardless of
what the Committee decided, he said.
Mr. Crawford said that
he had a second issue. He said that he
serves on the Budget Committee which will be meeting on Thursday to consider
certain Town warrant articles. He passed
out a list of all of the spending that he has been able to cull from the Budget
Books, the CIP Plan, and what he had heard at meetings. There is a total of $6.6 million of capital
value this year, including the Water District, he said. That includes $3 million for the Conservation
Bond which is up in the air. He said
that he is also unsure about whether the $250,000 for Shoals View paving may be
delayed a year. He said that if he could
have a sense by the end of the meeting as to which of these are planned to go
forward in the coming year it would be helpful.
Not knowing the full picture including what may be coming up in January
may hamper us, he said, speaking for himself.
(7:16 elapsed)
Steven Borne spoke about Parsons Creek and
New Hampshire Listens. He said that he
does not have the wording down yet for the warrant article and how to
understand what the priorities are to address the facilities needs, whether it
be the Transfer Station, Schools, this building, etc. I still haven’t heard back from you as to
whether you want to work with me on that, he said.
Mr. Borne said that he
had been through the meeting minutes and he doesn’t have a clue what the
problem is with the Library. He said
that he does not understand why the Selectmen are getting into the gory details
of the salaries especially if you look at the statistics relating to the Library
and how well they are doing and how happy everyone is. It’s probably one of the smoothest running
functions that we own, he said.
Police Chief Kevin
Walsh referred to a letter of recognition relating to certain residents.
(9:49 elapsed)
Katherine Errecart of
the School Feasibility Committee responded to Mr. Crawford’s comment. She said that there is not declining
enrollment. The Elementary School has
plateaued in the last three years. The
current Kindergarten class is 53, which is the highest that it has ever
been. The recent declines in enrollment
have been the result of Rye Junior High departures. Editor’s
note: As Ms. Errecart suggested, the
smaller number of school age children in Rye now seems to have worked its way
through the Elementary School grades. It
is now impacting the Junior High grades, which has been subject to even greater
declines than would otherwise be the case because 15-20 percent of the children
from fifth grade are not continuing on to Rye Junior High. Prior to about four years ago, after
adjusting for New Castle seventh and eighth graders (which have also declined
precipitously in recent years), there was no perceptible trend of enrollments
declining as children transition from the Elementary School to the Junior High.
Sealing of minutes (10:39 elapsed)
The motion of Selectman Winslow to seal the
minutes of the non-public session carried unanimously, with Selectman Jenness
recusing herself.
Consent Agenda (11:00 elapsed)
Selectman Musselman
read the items, which included a complaint about dogs running at large in the
Town Forest. He suggested that items
other than A and B be taken off the Consent Agenda as the individual applicants
for positions on the Heritage Commission were present. The motion to approve items A and B carried
unanimously.
At this point Susan
Shepcaro and Mike Garvan, both members of the Conservation Commission,
left. Editor’s note: Both individuals
have been involved with Town Forest issues.
It appears that they may have been present in case the letter on the
Consent Agenda led to discussion. Shortly
after this meeting, on December 16, 2017, according to press reports, a dog
that had gotten involved in an altercation with two other dogs was shot and
killed by the owner of the two dogs. The
owner was arrested on a felony charge of endangering the public.
Frank Hwang introduced
himself and explained his interest in the Heritage Commission. Gail Hughes then introduced herself as a
candidate for the Heritage Commission.
Both were unanimously approved.
Minutes (14:42 elapsed)
The
minutes of the all-day meeting on October 26, 2017 were tabled due to
uncertainty as to what had actually happened.
The minutes of the November 27, 2017 meeting
were unanimously approved with changes.
The minutes of the
non-public session of the same day were unanimously approved without
changes. Selectman Jenness recused
herself.
Salt Shed final plans (22:51 elapsed)
Public Works Director
Dennis McCarthy, Public Works employee Paul Paradis and two representatives
from Hoyle Tanner came up to sit at the table.
Mr. McCarthy said that
the project was moving forward as planned and that they were preparing to go
out to bid.
Marissa of Hoyle Tanner
said that a couple of test pits had been dug to ascertain the soil conditions
were in the area where they had previously been proposing to put the
building. There was a lot of
debris. She referred to plastic
conduit. Another test pit was dug
further back, which resulted in more favorable results. Thus, the building has been moved back 43 feet,
she said. The building has been
shortened 16 feet to compensate for that, and the area around it has been
reduced and the back swale is no longer needed.
The building is now going to be further up on the hill. The elevation has been raised two feet. No waste material will need to come out, she
said.
Mr. McCarthy said that
the footings should be on virgin material, but a look will be taken at the
time. The storage capacity will be 750
tons, which is at the bottom end of what they had been looking for. However, that is half a year’ worth. Originally, they had wanted 750-1000 tons of
storage.
Marissaa said that a 10
foot test pit had been dug and there was no sign of water.
Phil Winslow asked
about the impact of the greater height on the neighbors. Mr. McCarthy said that it will be 10 feet
higher than what is there now, but it will still be below the tree line. It’s going to be a maximum of 40 feet high,
but houses can be up to 35 feet high, he said.
Selectman Jenness
expressed concern about the height and the starkness of the white color
chosen.
There was discussion
about the fabric choices. Mr. McCarthy
held up a green sample and said that that had been chosen to match the other
buildings. He then said that he was only
kidding. There was laughter.
Mr. McCarthy then
referred to beige on the sides.
There was then
discussion about bids being due on January 18, 2018, and an award contingent
upon the warrant article passing.
Selectman Musselman
asked whether the budget was going to be well within the $700,000.
Mr. McCarthy agreed,
and said that they have a budget number, but do not want to release it just
yet.
Selectman Musselman
said that he thinks that the $700,000 is way high.
Mr. McCarthy said that
there would be six foot fencing.
Selectman Musselman
said that he thinks that the design is for the least expensive salt shed that
would meet the Town’s needs.
There was no objection
to proceeding to bid phase.
Editor’s note: The $700,000
warrant article for the Salt Shed was approved later in the meeting. Click here.
School Use Feasibility Committee report
(35:42 elapsed)
Peggy Balboni and Paula
Tsetsilas came up and sat down at the table.
Click here
for the report prepared by the Committee.
Paula Tsetsilas said
the Committee had come together as the result of a warrant article. Editor’s
note: Former School Board Member Mike
Schwartz had originally submitted a petitioned warrant article to study
combining the two Rye schools. That
article was amended at the School Deliberative Session to include other options
as well, such as using space in one of the schools for town offices. Ms. Tsetsilas said that the committee
represented a cross section of the community.
Editor’s note: 8 of the 11 voting members were School Board
members, former School Board members, teachers, former teachers, educators or
parents of children in the Rye schools. There
were a series of meetings between June and November, Ms. Tsetsilas said. She stated the goals were (1) looking at the
school population, (2) looking at different scenarios for using the space in
the schools, (3) preserving excellence in education and (4) developing
fiscally-responsible proposals. Several
pieces of data were looked at, including the student population over a thirty
year period, a doctoral thesis on declining enrollment, and a study by the New
Hampshire Center for Public Policy on declining enrollment. The two schools in Rye were toured, as well
as the school in Greenland. There was
advice regarding the Town Hall and Recreation space needs, she said.
Once the criteria had
been developed, seven different scenarios were looked at ranging from doing
nothing to moving the Middle School students to Portsmouth Middle School, she
said.
Historically, the
enrollment has been variable. We looked
all of the way back to 1972. We have
seen recent declines. The Elementary
School is plateauing. At the Middle
School, one of the lowest levels has been reached. We are tied with where we were in 1990. The recent decline there has been exacerbated
by students “deflecting” to private schools, she said.
We are not sure where
our population will be going in the future.
We had predicted 38 students in Kindergarten this school year, but we
actually have 53, which represents the largest cohort in the school. We have suggested a RJH retention plan. The first ever open house has been held for
fifth grade families as well as for New Castle families which have an option of
sending their children to the Rye Middle School or Portsmouth Middle School,
she said.
Phil Winslow asked what
happened in 1988, which was a similar period, to elevate the school
population.
Paul Tsetsilas said
that the baby boomers’ children at that time were school aged. That fueled the increase in school population
in the 1990s. What we are going through
is not an anomaly. It is happening
throughout the state, which is aging.
Only about 20 of the 120-150 school districts have been able to buck the
trend, she said.
Selectman Jenness asked
whether the Committee had looked at the effect of recessions on school
population. Private school attendance is
affected by the economy. That occurred
before, when George Cushing was principal, she said. It makes a difference and that cannot be
predicted, she asserted.
Peggy Balboni said that
there were a number of reasons why fluctuations could occur.
Ms. Tsetsilas said that
the Committee had looked at how forecasts are being done. Live birth data, a standard methodology in
academia, is being used by the School District, but is not accurate in Rye.
Peggy Balboni said that
one of the things that they will be presenting to the School Board is the use
of a census, by paid persons or volunteers, to get more accurate data. There are siblings that are not known about
because they were not born in Rye.
We did pros and cons
for the various scenarios, she said. One
of the possibilities that stood out was continuing with the two schools, but
have grades K through 4 at the Elementary School, with the lower space being
used for Recreation needs. The Junior
High School would then have grades 5-8.
There may be space at the Junior High that could be dedicated, Ms.
Balboni said.
Ms. Tsetsilas said that
the space below the gym is large but they do not know whether it can be
soundproofed. Rye Rec. had indicated
that there was a need for a Middle School After School Program that does not
currently exist, she said.
Ms. Balboni said that
there is a second scenario which may take a few more years to develop, which is
to reach out to the Town of Greenland.
They have seen their population surge.
They put on an addition, but are bursting at the seams now, she
said. There may be a solution where
their Middle School children would come to Rye Junior High. That is in the early stages, she said.
Ms. Balboni spoke about
marketing Rye to those thinking about moving to Rye, and emphasizing why the
schools are attractive. There is a lot
of competition from newer programs in the area, she said. Students are being lost at sixth grade when
they are ready to attend the Junior High.
Perhaps there would be more of an incentive to stay if the Junior High
also included fifth grade.
Ms. Balboni said that
the warrant article requires that the Committee’s work be presented to the
Town. A lot of this relates more to the
School Board, but the Town might be willing to share the cost of a census. She asked whether the town saw a benefit to
the census for use in master planning.
She referred to programs such as Senior Serve, the Recreation Department
and the Library. She also asked whether
the Town would participate in a public outreach and marketing program.
Ms. Tsetsilas said that
people need to be convinced to spend at least $200,000 more to live in
Rye.
Selectman Musselman
said that they also need to be able to afford it.
Ms. Tsetsilas spoke
about the lower tax rate contributing to a lower payment. To me, the Town, not the school, is being
sold, she said.
Selectman Winslow said
that the realtors would be very interested in this as it would be a good
selling tool for them. He suggested that
they provide funds. He also referred to
40 condominiums potentially going in on Route 1. Eight of these will be workforce housing, he
said. He also referred to the South Road
development. If that plays out,
additional houses will be brought in, he said.
Editor’s note: The Planning Board denied approval, however
the developer sued in Rockingham County Superior Court to overturn that
decision. The terms of that settlement
were revealed at the December 26, 2017 meeting.
The Town is to pay $400,000, of which $300,000 is apparently coming from
the $3 million conservation bond voted in 2014.
In return, the number of lots have been reduced from 17 to 13 and
approximately 18 additional acres, beyond the approximately 40 acres that the
developer had always planned to donate, will be transferred to the Town for
conservation use.
Ms. Balboni referred to the possibility of
voucher legislation that could throw a “whammy” in the other direction.
Ms. Tsetsilas spoke
about the need to have an accurate census figure if they are going to be talking
with Greenland, as there would need to be assurance that their students could
be accommodated.
Ms. Balboni said that
the report is online now. Editor’s note: Click here.
Selectman Musselman said that one of the
driving forces was freeing up space to meet town needs, including Recreation
other than the After School Program.
That was looked at in a lot of detail.
There had been a perception from the declining enrollment that there
might be a great deal of space available.
If calculated in accordance with State standards with large classes,
which we have never had in Rye, it might seem that way, but there is not much
space available in the Elementary School as it currently stands, he said. There is more space available at the Junior
High. The alternatives that would have
freed up space for town use would have been to do a K-8 program at the
Elementary School. That would have
involved more capital cost than all of the projects that are being looked at
for Town Hall and Recreational purposes.
The idea of using 10,000 sq. ft. of the existing Junior High would have
required major investment to segregate the offices. It would require movement and reconstruction
of athletic fields in sacrosanct woods.
New roadways and parking areas would be required. There would be negative educational impacts. Those alternatives were looked at very
carefully by the group. Those
alternatives are not viable, he said.
Selectman Jenness said
that she had taught for 35 years in Portsmouth.
There were 11 schools that I taught at.
We have seen everything. I liked
your K-4 and 5-8 split. That is ideal if
it works out, she said.
Ms. Tsetsilas said that
there are a handful of schools that operate with that model. The current Junior High Principal came from
York, ME, which has that structure, she said.
Selectman Jenness asked whether there was
any kind of pre-school registration to get a handle on who is coming. She referred to age two or three.
Ms. Balboni said that
pre-school is addressed by the SAU and is now housed in Rye. It is designed for students with
developmental needs as well as for regular children. The former have priority, she said.
Selectman Jenness asked
whether the number of students coming into Kindergarten come from that program
is provided.
Ms. Balboni said that
they do not provide that. School Board
Member Jeanne Moynahan said that the capacity is only up to 12 students. Most of them are “identified” students, but
they try to balance with typical kids.
We have basically no say. The SAU
hires the teachers, she said.
Selectman Jenness
suggested pre-registration on a website for children of a particular age.
Ms. Balboni said that,
right now, they check with the local pre schools such as the Montessori School
and Rye Country Day.
Selectman Musselman
said that there is U.S. Census data every 10 years which is interesting. Every year, the state (formerly the New
Hampshire Office of State Planning) provides estimates. Many communities disagree with the
estimates. It is hard to do a count
unless it is done comprehensively, he said.
I don’t know that we’ve ever critically needed a head count in total, he
said. He suggested that the school
figure out what the need is for counts of 1, 2, 3, 4 and 5 year olds. Perhaps the information could be obtained
from those registering a car for the first time, he said. He expressed uncertainty about the need for
data on persons older than this.
Ms. Moynahan said that,
many years earlier, the School District had a census taker. The person went to every household in the
Town of Rye, she said. Residents were
asked about the ages and numbers of children.
It has been about 25 years since that was done, she said.
Selectman Jenness said
that it was done every year.
Ms. Tsetsilas said that
the question is whether the census could provide any better data than what they
have now. Those discussions are
currently ongoing, she said.
Certified Local Government Program (62:01 elapsed)
Mae
Bradshaw came up and sat down. She said
that Selectman Musselman had been at the presentation to the joint meeting of
the Historic District and Heritage Commissions.
A woman came up to sit down along with Ms. Bradshaw. She said that there are 21 communities in the
program. The budget is approximately
$650,000, of which ten percent must be re-granted to the CLG communities. New Castle is on the verge of becoming a CLG
community she said.
In response to a question
from Selectman Winslow it was revealed that none of the towns had hired someone
to deal with the program.
There was discussion
about a 60/40 match. The match need not
necessarily be cash, it may be donations of items, the woman said.
After a substantial
amount of discussion, Selectman Musselman said that there was a little upside,
but not much downside, to participating in the program.
Selectman Winslow
suggested that the Historic District and Heritage Commissions be allowed to
proceed, consistent with the work being done by volunteers.
Selectman Musselman
suggested that the Selectmen authorize the preparation of an application for
their review.
The motion to authorize
this carried unanimously.
Parson’s Creek Bacterial Monitoring (95:01 elapsed)
Three women including
came up to sit at the table. Editor’s note: According to the official minutes two of the
women were Sally Soule of NH DES and Laura Deemer of FB Environmental. The third woman was not identified, but there
is a reference in the official minutes to a representative from
HydroAnalysis. They spoke about
excess levels of the e coli swimming limit at two events. References were also made to specific
locations with high levels of a particular type of bacteria: at BCH11, PC09 and PCOUT. Birds in the center of the marsh were cited
as a possible cause. Issues on June 27
at BCH10 and PC07 were also noted.
BCH11 off of Marsh Rd.
was noted as a particular issue. One of
the persons doing the samples went into the marsh, but no breakouts from septic
systems were noted. There was again a
reference to birds.
Selectman Musselman
asked about the location relative to Petey’s Restaurant.
In response to a
question from Selectman Winslow, it was revealed that sampling is done once a
week during the summer.
There was discussion
about additional sampling locations having been added at Eel Pond, Harbor Rd.
and Awcomin Marsh. BCH11 at Marsh Rd.
has the highest levels. Harbor Rd. also
has high levels. That could be due to
wildlife. At least one DNA sample should
be taken, someone said.
Canine monitoring indicated human
contamination at BCH11 in 2013 and 2015, someone said. Several malfunctioning septic systems were
identified as a result of the pumpout ordinance. Intensive sampling was done around the time
of a Labor Day storm which contributed two inches of rain. Sampling was done before, during and after
the storm. Increases were greater than
3000 percent. BCH11 saw the largest
increase, with counts of over 17,000.
Also, nitrate and phosphate counts were taken. Decreases due to dilution were expected, but
did not occur. That means that more
sources were mobilized off of the landscape.
There are potential low-lying leach fields, one of the women said.
There was discussion about the Harbor Rd.
and Awcomin Marsh locations having far fewer upstream septic systems than
Parsons Creek.
Building Inspector Peter Rowell spoke about
dry wells close to the marsh.
Selectman Jenness asked whether that meant
that there was no septic system at all.
Mr. Rowell confirmed.
Septic Ordinance Review (123:40 elapsed)
The women remained at the table and
discussed possible changes to the ordinance relating to septic systems. The woman from HydroAnalysis said that there
are four requirements for a conventional septic system to work according to the
literature.
First, good soil under the bottom of the
leach field is needed. Two to five feet
is desirable. Eighteen inches is the
minimum, depending on the soil type.
Aerated soil is needed for microbial processes to occur. The seasonal high water table and high tides
are issues. Other obstacles are bedrock
and ledge. If these are present,
treatment will not occur and the effluent will go out into the closest water
body, she said.
We do not know the depth to water table and
depth to bedrock at every location throughout the Parsons Creek Watershed, the
woman from HydroAnalysis said. She
referred to a soil map, and said that most of the soils in the Parsons Creek
Watershed are not great soils to treat the effluent.
With regard to percolation rates, she said,
the rate should be neither too high nor too low. It should hold the water long enough to treat
it without it shooting through or ponding on top.
She said that most of the soils in the
Parsons Creek Watershed were not suitable for conventional septic systems.
Selectman Musselman asked whether these were
near tidewater. The woman from
HydroAnalysis confirmed.
The other factor affecting the effectiveness
of a septic system is proximity to a water body, she said. Plumes travel horizontally, so there would
not be enough treatment if the system is too close to a water body.
She said that almost half of the parcels
were within the 75 foot buffer area.
That refers to the entire parcel.
There may be space somewhere on these parcels where the septic system
could be located outside of the buffer.
The last limit for conventional septic
systems has to do with the number of septic systems within the watershed, she
said. A number of studies have been done
by the EPA and other organizations to determine the carrying capacity of a
watershed. How many septic systems per
acre can there be before there are problems with pollution? They were finding that a density of more than
.26 septic tanks per acre has been shown to lead to fecal contamination. The Parsons Creek Watershed is at .45.
Selectman Musselman appeared dubious and
said that it depends a lot on the soils.
The woman from HydroAnalysis confirmed.
The woman from HydroAnalysis said that both
the State and the Town require 75 foot setbacks from surface waters and
wetlands. The Town also has a 100 foot
setback requirement from protected wetlands.
The leach field should be two to four feet above the seasonal high water
table.
She talked about the State definition of a
failing septic system. A leach field
that is within the seasonal high water table is considered to be failing. However, breakouts are the main reason that
the Building Inspector is called in.
Leach fields within the seasonal high water table are a lot harder to
find. It is however, the Town’s
responsibility to deal with these systems, she said.
There was discussion about the bacterial
counts that can be treated with various depths of soil. Mounded systems can be used, although a lot
of people don’t like them because they can be ugly. Alternatively, the bacterial treatment in the
system itself can be increased with alternative systems beyond stone and pipe
systems.
(141:31 elapsed)
The woman from HydroAnalysis recommended
changes to the Building Code as applicable to Parsons Creek. They could also be applied town-wide. All homes would be required, upon septic
system replacement, transfer of ownership, or proof of failure, would be
required to comply with the existing Building Code. In addition, in these cases, systems that do
not have the necessary vertical separation to seasonal high water table or an
inappropriate percolation rate, would have to meet additional requirements. In these cases, an alternative system would
be required, she said.
There was discussion about a State
requirement that towns address the problems when there is an impaired water
body. In that case, the Town does have
the ability to make people prove that their systems are working correctly as it
is a health issue.
Selectman Jenness asked whether, in some
case, the burden of proof is on the homeowner, not the Town.
The woman from HydroAnalysis confirmed, but
also acknowledged that it is a gray area as it is private property.
She said that changes to the Building Code
are the first recommendation. She said
that she also wanted to provide a case study.
Almost all communities with problems similar to Rye either put in sewers
or clustered systems.
She
said that she found one community, Old Saybrook, CT, which discharges to Long
Island Sound, that did not put in a sewer or clustered system. Old Saybrook did not want to put in a sewer
system for a lot of the same reasons that Rye does not want to do so. In lieu of that, an extensive on-site wastewater
treatment program was put in under the auspices of a water pollution control
authority. They had 2000 properties,
compared to 600 or so in Rye. There are
about 800 parcels in the Parsons Creek Watershed, but for 600 it can be assumed
that there is some sort of wastewater management. Editor’s note: Although not stated, there are apparently 200
parcels that are vacant or do not contain a structure needing wastewater
treatment.
The woman said that those adjacent to a
water body must prove that their systems are working every five years. The town digs test pits. Funding is available, 25 percent from the
town, 25 percent from other sources, and 50 percent from the homeowner,
although 2 percent loans for 20 years are available. In the last case, the town provides the
funding, but is paid back. Hundreds of
millions in sewer system costs were saved.
Out of 2000 systems, 500 had been replaced as of 2016, she said. Another 300 were designated as compliant, so
it was shown that 800 were OK.
She said that she would recommend this type
of program here, which would be on a smaller scale than in Old Saybrook. Confirmation of pump out is not enough, she
said.
Selectman Musselman asked whether the Town
would provide funding.
The woman from HydroAnalysis confirmed, and
said that the Town is responsible. This
becomes a public health issue when there are high bacteria counts.
(154:26 elapsed)
Selectman Musselman
said that, with regard to highly permeable soils, he understands what the woman
from HydroAnalysis is saying. He said
that DES had done a study in Seabrook showed that there was adequate treatment
in dune soils. It determined that there
probably was, although that is always a question. He said that here, every seep that can be
found has been sampled, and no significant contamination has been found. We don’t know for sure whether the leach
fields at Wallis Sands flow to the east or the west. They may flow in different directions at
different times. He noted the absence of
“smoking guns” on beach seeps. He asked
whether she was certain whether she was confident enough that there was
contamination coming from beach sands that the Town could withstand a lawsuit.
The response was that
she was confident that there was inadequate treatment.
Selectman Musselman
said that she has no data.
The woman referred to
the literature. She also said that the
properties were all within 75 feet of a water body.
Selectman Musselman
referred to homeowners being required by the new ordinance to expend $20,000
for a new system suing if it cannot be shown that they have contaminated the
wetland. He said that he had had
conversations with two people who threatened that. He asked how the Town would respond to a
lawsuit.
The woman responded
that the question was beyond the scope of the project.
Selectman Musselman
said that, before adopting language as was suggested, it must be known that the
solution is workable. He said that he is
not sure of that.
(163:46 elapsed)
Selectman Musselman asked what action DES
was going to take to force the town to take action.
Sally Soule of DES said
that if there are failing septic systems they would work with Building
Inspector Peter Rowell to remediate them.
In theory, although I don’t see this happening, we could enforce under
our water quality standards is some clear cut violation can be shown.
Selectman Musselman
said that they had been looking for that for a long time. Ms. Soule agreed.
Ms. Soule referred to
the MS-4 permit coming out, and that there would be responsibilities under that
related to bacteria. She added that the
Town was already doing that so that had been fulfilled.
The woman from
HydroAnalysis spoke about additional responsibilities.
Ms. Soule said that it
was an implied requirement, not a clear one.
If the Town does not want to clean up the water body it runs the risk of
outside lawsuits from organizations that feel that you are not doing enough.
Selectman Musselman
said that they had been working hard to make progress and find appropriate avenues. He said that he did not think that the Town
would be seeing enforcement action soon.
From 1976-1991 Rye Beach was under enforcement action with regard to an
ocean discharge. The Town debated
whether or not to build sewers for 15 years, he said.
Selectman Musselman
asked Building Inspector Peter Rowell what he is doing with regard to systems
with one or two feet of depth to the water table down by the marsh.
Building Inspector
Peter Rowell said that he sees test pit data only when new systems are being
put in. The Building Code allows waivers
for alternative systems. Otherwise there
are parcels that could not be built on.
If there were better tools, he said that he could require better systems
in marginal areas. In the case of
tear-down/rebuilds, much better systems can be put in.
Mr. Rowell spoke about
the possible need to dig test pits under court order. He said that the DES may have the
responsibility to test systems in failure.
He referred to an outhouse that is surrounded by water in a King
Tide. They are in the process of
designing a new system, he said.
Selectman Musselman
said that his firm is in the process of finishing a report in North Hampton
relating to Philbrick’s Pond. They have
data on everyone’s septic systems. Lots of
leach fields there are below storm tide levels, he said. Systems above elevation 6 or 7 are inundated
periodically. He asked Mr. Rowell his
view on aerobic systems.
Mr. Rowell said that
they are feasible. The issue is whether
the benefit is worth the cost. He said
that, on property transfers, homeowners could validate that they have approved
systems.
Selectman Musselman
said that, while this is done in Massachusetts, this would be plowing new
ground in New Hampshire.
Mr. Rowell suggested
requiring validation upon property transfer first.
Selectman Musselman
asked whether the final report would be stamped.
That was confirmed.
Acceptance of Starfish Circle as a Town road (175:44 elapsed)
Town Administrator
Magnant said that the related warrant article had passed the prior year and it
was up to the Board of Selectmen to accept the road. The Planning Board and the Director of the
Department of Public Works had also provided required approvals, he said.
Selectman Winslow said
that he would abstain as his daughter lives on the street.
The other Selectmen
were in favor.
L-Chip Grant relating to Town Hall (177:37 elapsed)
It was revealed that
the grant had been approved for $12,000 to provide funds for a historic
structures report, but not painting. A
grant for that might be entertained once the report had been examined. No proposed letter of agreement has been
received yet. However, the Director said
that, pretty much, there are no strings attached.
Selectman Musselman
said that the Heritage Commission is willing to use all $12,000 that they have
raised as a match. However, it is not
known that the assessment can be done for $24,000. He referred to a $31,000 figure. Mr. Magnant said that he had though that the
cost would be lower, but he had been tasked with getting a quote, and it came
in at $31,000.
Selectman Musselman
suggested that they be told that only $24,000 is available and have them adjust
the scope to do it for that. He
suggested that they wait to see the agreement.
We cannot commit until we know that we will be proceeding in that
direction. He referred to a possible
warrant article that would result in demolition of the Town Hall.
Editor’s note: John Loftus
appears to be planning to introduce such a warrant article. Warrant Article 34 in 2017 passed 873-700 and
it referred to a design for a new Town Hall by him and the architectural firm
of Schaeffer & White at no cost to the taxpayer. Although that warrant article did not refer
to demolition, discussion surrounding the warrant article made it clear that
that would be the result. Selectman
Musselman said that the Heritage Commission wanted to do the report now, but
realistically it would take five months as it would take a month to pick
somebody and another two or three months to do the work.
There was discussion
about having the town fund the report, and possibly using the Capital Outlay or
the Town Hall reserve.
Editor’s note: There was
discussion about a warrant article to fund Town Hall painting later in the meeting,
however this was tabled. Click here.
Surplus equipment auction (182:40 elapsed)
Public Works Director
Dennis McCarthy said that there were minimal bidders because there was minimal
equipment and none of it was not very good.
The old International dump truck was rotted out pretty badly, he
said. The F250 needs a lot of engine
work. Those went to one company for
$2887 and $513. The only other one was
that the mechanic “threw” a number on everything. Mr. McCarthy turned to Town Administrator
Magnant and asked whether his belief that he could not bid on items was
correct.
Mr. Magnant said that
he can bid. The personnel manual allows
employees to bid, but it also allows the Board of Selectmen to deny or reject
bids, he said.
Mr. McCarthy said that
Jared Wile-Marble is the mechanic. He
typically throws something in on everything, with the thought that he gets
everything that doesn’t get taken.
Selectman Musselman
said that he was going to pay one dollar for a transmission jack and $100 for
the 2006 Ford Crown Victoria Interceptor.
Mr. McCarthy said that
he believes that that is an old police cruiser.
Mr. McCarthy said that
no motion was needed as they were the high bidders.
There was no objection
and Selectman Musselman proceeded to the next item
Roll-off container (184:19 elapsed)
Mr. McCarthy said that
they received one proposal. These are
bid every year and there is only one bid, from Rudco. There are typically no other bidders as Rudco
typically wins. Some changes will be
made next year to try to get more bidders.
Their proposal is for $5780, he said.
He recommended that that be accepted.
He said that no motion was needed as it was the low bid, even though it
was the only bid.
MS-4 Technical Assistance Program (185:05 elapsed)
Mr. McCarthy said that
the funds were in their budget. It’s
$1750 to match their $1750 to get $3500 in work from them to review the
ordinances for compliance with the new MS-4 permit coming out next year. The motion of Selectman Winslow to authorize
signing of the agreement carried unanimously.
Library budget
This item was
tabled. See the notes under
“Announcements” above.
Part-time Buildings and Grounds Foreman
(186:13 elapsed)
Mr. McCarthy said that
the budget had been revised to make the full-time position that he had wanted
be part-time. That would be 32 hours per
week for 39 weeks. That comes out to
$25,000. He confirmed that the intent
would be to have this person fulfill the Recreation needs.
Selectman Musselman
said that Mr. McCarthy was wearing them down.
Mr. McCarthy said that
the Selectmen were wearing him down.
Town Administrator
Magnant said that the new bottom line is $51,499.
Selectman Musselman
said that $24,210 could be approved, or the answer could be “nyet.”
Selectman Jenness asked
whether they would also be approving the job description if this is
approved. She said that there were
supervisory duties enumerated that would be beyond what a part-time person
would be doing.
Selectman Musselman
asked whether the person would still be driving plows.
Mr. McCarthy said that
the chance of getting someone that would do that was much diminished. He offered to revise the job description in
response to Selectman Jenness’ concerns.
The employee would be supervising the Town Hall custodian as well, he
said.
The motion to approve
the $24,210 carried unanimously, to be added to the Town Custodian budget.
Increase to Fire Department budget (193:22 elapsed)
Mr. Magnant said that,
since the Fire Department budget had been approved, two employees had changed
their health plans. It was confirmed
that the increase was $21,200. The
motion to approve $1,427,544 carried unanimously.
Capital outlay: Police cruiser
amount increase (194:11 elapsed)
Mr. Magnant indicated
that the $45,500 previously approved was not correct. The motion to approve $48,039 carried
unanimously.
Capital outlay: Town Hall
retaining wall, Town Hall HSR report (194:47 elapsed)
Mr. Magnant indicated
that the first figure was $20,000, the HSR report discussed a few minutes
earlier would be $19,000. Editor’s note: This is an apparent reference to the Historic
Structures Report discussed in connection with the L-Chip grant. The $19,000 would be the difference between
the $31,000 quote and the $12,000 grant.
Selectman Musselman said that he thought
that the HSR report could be funded from the reserve. That was the thought when another $25,000 was
added to that, he said.
Bacteria monitoring question (195:39 elapsed)
Mr. Magnant said that
he was not at the all-day Budget Committee meeting, but that he understood from
Ms. Gillespie that $5,000 had been appropriated for bacteria monitoring. He asked whether they had any thoughts on how
that would be spent.
Selectman Musselman
said that he thought that it would be only for PCL at low tide during the
summer. We’re not looking for “poop,”
we’re looking for public health indicators, he said. Editor’s
note: In 2015, Warrant Article 14
increased the percentage of beach parking sticker revenues that are applied to
the Beach Cleaning Fund and the purpose of that fund was expanded to include
“monitoring water quality and other environmental issues on Town beaches and
watersheds affecting Town beaches.”
Mower warrant article (197:27 elapsed)
Selectman Musselman
read the warrant article, which referred to a $50,000 mower, and withdrawal of
the amount from the highway equipment capital reserve.
In response to a
question from Selectman Musselman, Mr. McCarthy said that the existing mower
was purchased in 2007. Editor’s note: Later, he corrected the date to 2008.
Selectman Musselman
said that they had agonized over the purchase of that mower since he had become
a Selectman as he recalls a joke over whether it needed to be air
conditioned.
Mr. McCarthy said that
one of the issues was that they had bought a very small, very off brand
mower. It is reaching its service life,
he said.
Selectman Jenness asked
whether it had been breaking down.
Mr. McCarthy said “oh
yeah, in fact it’s broken down right now.
We’re going to probably have to put a couple of thousand dollars into
it. The PTO isn’t working. We’re not too sure what’s wrong.” At some point, the beach rake will be
replaced by the State, he said. Editor’s note: The town rakes its beaches using a machine
lent to it by the State. They want to go with the same type of rake that
they use in Hampton, Mr. McCarthy said.
The tractor needs to be bigger if we’re still going to do the beaches as
the new rake will need to be towed, he said.
Selectman Musselman
asked when the beach rake would be changed out.
Mr. McCarthy said that
it had originally been planned for 2018, but there is no supervisor with the
State now, so they don’t know what they’re going to do. People from Hampton have been up asking me
what was going on, he said.
Selectman Musselman
asked about the Patriot’s score, which was provided by someone in the room.
Selectman Musselman
asked what the Board’s pleasure was on the mower.
Selectman Jenness said
that she was assuming that it would not include air conditioning.
Mr. McCarthy said that
it might. If the cab is closed then it
will come with air conditioning, he said.
Selectman Jenness said
that she had been joking.
Selectman Musselman
said that he had thought so too.
Mr. McCarthy said that
it is still up in the air as they are still coordinating with the State. The budget will be more than adequate to
cover that, he said. If we can get away
with something less, we will, but it will most likely have some sort of closed
cab, he said.
The motion to approve
the mower warrant article carried unanimously.
Skid steer warrant article and revision of the prior article (202:17
elapsed)
Selectman Musselman
read the warrant article, which referred to a $50,000 skid steer, and
withdrawal of $50,000 from the Highway Equipment Capital Reserve Fund to pay
for it.
Mr. McCarthy said that
the figure had been lowered for the new mower to $45,000. The motion to revise the amount carried
unanimously.
Mr. McCarthy said that
the skid steer had been lowered to $40,000.
It would be a little bigger than what they have now, he said. The configuration is changing. The skid steer is used constantly at the
Transfer Station, he said. He added that
he thought that this was not going to come out of the Highway Equipment Capital
Reserve Fund.
Selectman Musselman
said that it is a fourteen year old piece of equipment that is used
constantly. He also said that they could
approve the amount and work out the details later. Otherwise, it could not be presented to the
Budget Committee at their next meeting, he said.
Mr. McCarthy said that
this is the most important piece of equipment.
The motion to approve
the skid steer carried unanimously.
Painting of Town
Hall exterior (204:55 elapsed)
Selectman Musselman
read the warrant article, which referred to a $100,000 cost, which might be
reduced by grants, with $80,000 to be withdrawn from the municipal buildings
maintenance expendable trust fund.
Selectman Musselman
said that he had though that it would be $95,000 and that he thought that it
could come out of the Town Hall capital reserve fund.
After it appeared that
Mr. Magnant did not have the answer, and after Selectman Musselman noted that
Ms. Gillespie was needed, Selectman Musselman suggested that they not act on
this now. He added that he thinks that
this is an old warrant article as the Town is not getting the L-Chip
grant.
Expand purpose of cell tower special revenue fund (207:05 elapsed)
Selectman Musselman
started to read the warrant article, but then stopped and said that it was
convoluted. He said that the issue had
been discussed during the all-day budget session and that it had been expanded
from the purpose of purchasing ambulances to ambulances, fire vehicles and
vehicle equipment. The name would be
changed to “Ambulance and Fire Vehicle Fund.”
He said that, at present, the fund is limited to new ambulances, and
“folks, we don’t need another ambulance.”
The motion to place
this warrant article carried unanimously.
Selectman Jenness asked
whether Evolve, which is in the location formerly occupied by Sanctuary Care,
has its own ambulance. The response was
no. Fire Chief Mark Cotreau said that
his department services them for emergency needs.
Selectman Jenness asked
what whether the vehicle that they had in the parade was a minibus. Chief Cotreau said he though that that was
the bus that took people on activities.
There was discussion about whether that might have wheelchair capabilities. Selectman
Jenness said that, when Sanctuary Care was before the Planning Board, they had
inquired about the load on the Town ambulance.
The response was that Sanctuary Care took their residents to
appointments. They really underestimated
what ended up happening, she said.
Three warrant articles on ambulance and fire truck capital reserves
(209:41 elapsed)
Selectman Musselman
said that the next three warrant articles would confuse everyone. The first one takes $11,500 from the ambulance
capital reserve and transfers it to the General Fund. The second one closes out the Fire Truck
Capital Reserve Fund of $356,393 and puts the money in the General Fund. The third one asks whether the town will
establish a Fire and Ambulance Vehicle Fund, with $400,000 to be placed in this
fund.
I think we’re combining
two existing funds, he said. He asked
whether that could be one warrant article.
The one warrant article would be solely for the amounts of money that are
there, $11,543.47 from the ambulance fund, and $356,393.50 from the fire truck
capital reserve fund, and authorize the new fund.
Town Administrator
Magnant said that they could talk to the Town Attorney. The language discontinuing the funds would
need to be in there, he said.
Selectman Musselman
agreed with that. Town Administrator
Magnant agreed to take the issue to Attorney Donovan to see if the warrant
articles could be combined.
Purchase of the former TD Bank building
(211:49 elapsed)
Selectman Musselman
read the warrant article, which provides $560,000 for the purchase of the 3.71
acre parcel at 500 Washington Rd. to land bank the property for future uses,
which would be for Town of Rye public purposes with due consideration of the
historic and residential character of the neighborhood. It would authorize the borrowing of up to
$560,000.
Selectman Musselman
asked whether the $560,000 included potential replacement of the leach field
and the purchase of furnishings.
Mr. Magnant said that
it did not. This was just to start the
conversation. The language is from the
warrant article used for the other parcel on Washington Rd. Editor’s
note: See 2014 Article 4, which would
have authorized acquisition of the parcel (together with the house thereon)
immediately northeast of the Public Safety Building. That article failed to pass, 320-1261. Discussions surrounding that article revolved
around using the site for a new Town Hall building.
Selectman Musselman asked whether there was
a purchase and sale agreement yet. Mr.
Magnant said that there was none yet. It
was revealed that there was a price that was less than the $560,000. 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.
The Selectmen then authorized the negotiation of an agreement that
price, subject to certain contingencies, including Town Meeting approval and a
building inspection.
Selectman Musselman asked whether a budget
was being built so that, if this passed, what needed to be done to use it could
be funded. Mr. Magnant confirmed.
It was agreed that they
were not ready to put a number to it.
Mr. Magnant said that
he was working with Attorney Donovan on the Purchase and Sale Agreement,
negotiations were proceeding and that the Bank had been good to deal with.
Selectman Musselman
questioned whether it should be a bond issue.
He said that his thought was to make it a one year appropriation.
Selectman Jenness said
that she tended to agree. She doesn’t
like going for the sixty percent, she said.
Editor’s note: 60 percent approval is required for bond
issues as Rye has adopted SB2 voting (separate Deliberative Session and
voting). Otherwise it would be
two-thirds.
Selectman Musselman asked why, if it is
reasonably affordable, compounded interest should be paid for ten years. This is probably “on the bubble.” Seven hundred thousand dollars for the salt
shed is too much. Four hundred thousand
dollars would probably be a “no brainer.”
Five hundred and sixty thousand is a bit much for one year. We need more input from you, Mr. Magnant and
from Ms. Gillespie, and we need to know the tax rate impact of bonding vs. not
bonding.
Selectman Winslow
suggested selling the Trolley Barn and using the proceeds to reduce the
$560,000 amount. Editor’s note: The Trolley Barn
is located across from Town Hall, down Central Rd. about 100 yards. It is also known as the “Old Police Station.”
Selectman Musselman
said that he thought that that would need to be a separate warrant
article. Mr. Magnant agreed. We would also need to address the Senior
Serve van, he said. Editor’s note: The Senior Serve
van is stored inside at the Trolley Barn.
That was approved a few years earlier as there had been problems
removing snow from the roof of the van, which had theretofore been parked at
Town Hall.
Selectman Winslow suggested paying someone
in town to put it in their barn.
Selectman Musselman
asked whether it would fit in the apparatus bay at the Public Safety
Building.
Someone said that it
would be tight.
Selectman Musselman
said that the Town used to store the Portsmouth Police Chief’s “Battle Wagon”
there. Editor’s note: That was an
armored assault vehicle, also known as the “Bear Cat.”
It was revealed that there was no additional
space because the second ambulance had taken its spot.
Selectman Musselman
jokingly suggested that it could be stored in the Sally Port at the Public
Safety Building. Editor’s note: That is an
enclosed space inside the Public Safety building where vehicles transporting
prisoners enter.
Selectman Jenness said
that there might be space in a barn.
Selectman Musselman
said that it is a critical thing. There
would be a lot of people at the Deliberative Session for whom it would be a
significant issue as they rely on the van as their only transportation. It is the only way for a lot of people to get
to doctors’ appointments and to get groceries.
Selectman Jenness spoke
about the Trolley Barn not being an ideal storage location due to mildew.
Police Chief Walsh said
that he and the Fire Chief are scheming in the back and would discuss a solution
with Town Administrator the next day.
Public Works Director Dennis McCarthy turned around and said that there
is no room at “highway.” Editor’s note: That is an apparent reference to the Transfer
Station which also contains the garage for the plows and other highway
equipment. Chief Walsh then said that they might be able to put a carport
behind the building.
Selectman Winslow said
that they could just say that suitable housing would be located for the
vehicle.
Selectman Jenness said
that the money from the sale of the Trolley Barn could fund the construction of
the carport.
Selectman Musselman
said that would depend on the sale of the building being for more than the cost
of the carport. There was laughter. That would remain to be seen, he said, as it
would be a competitive process.
Selectman Jenness said
that an abutter might want it. Selectman
Musselman acknowledged that.
Selectman Winslow said
that the building, as it stands now, is 40 by 40, or 1600 sq. ft. It could be increased to two stories, he
said.
Selectman Musselman
said that the building has its challenges.
Selectman Jenness said
that they had a price for tearing it down.
Selectman Winslow said
that he thought that that price was way overstated.
Selectman Jenness said
maybe someone could be found that would take it away for … I don’t know.
Selectman Winslow
indicated that the building might fetch $250,000.
It was disclosed that
the zoning was single residence.
Selectman Musselman
asked whether it would be approvable as a non-conforming lot.
Planning Administrator
Kim Reed said that “they” could always try.
Selectman Musselman
said that somebody would have to buy it and then make a proposal.
Ms. Reed said that they
would then have to go to the Zoning Board.
Selectman Musselman
asked for what purpose it would be sold.
Selectman Winslow said
that it would be for whatever the purchaser wants.
Selectman Musselman
said that the Selectmen would need to get an appraisal so they could judge the
offers.
There was some
discussion in the audience, following which Selectman Jenness asked whether
there was important news.
Someone said that “we”
were losing 10-27. Editor’s note: This was
apparently the Patriot’s score.
Selectman Winslow said that the proposal to
get an appraisal and put the property on the market is very timely,
particularly since the funds could be used to defray the cost of the TD Bank
building.
Selectman Musselman
asked whether Town Administrator Magnant could develop that.
Mr. Magnant asked
whether he should get an appraisal.
Selectman Musselman
said “not now.” He said that a warrant
article should be developed. He asked
Selectman Jenness whether she was amenable to that. She said that she was, but added that she
never thought that it should be sold just for the sake of selling it, as you
never know when it might be needed.
Selectman Winslow spoke
about tax revenue for the Town.
Salt Shed warrant article (223:18 elapsed)
Selectman Musselman
read the warrant article, which referred to raising $700,000 to replace the
existing salt shed with a larger, more efficient facility, with $80,000 to be
withdrawn from the reserve and $620,000 to be borrowed. He said that bids would be received January 18,
and that he thought that the bids would be lower than this. It could be changed downward at the
Deliberative Session, he said. He asked
how much of the design cost is being funded.
Mr. McCarthy said that
that has been funded separately.
All were in favor of
the motion to place the warrant article and to recommend it.
Shoals View Drive paving (224:53 elapsed)
Selectman Musselman
read the warrant article, which was for $200,000. He said that we had $100,000 previously and
would have spent $20,000 of that.
Mr. McCarthy agreed,
and said that it lapses as of December 31.
Editor’s note: See 2017 Warrant Article 10, which was
actually for $125,000. It passed
916-628, but the design/build procurement to remove all of the ledge and
construct a paved road turned out to be resulted in a low bid of about
$250,000. At that point, it was decided
that the town would retain its own engineer to value engineer the project and
then rebid it in 2018. See the notes of
the August 28, 2017, October 11, 2017 and November 13, 2017 meetings.
In response to a question from Selectman
Musselman, Mr. McCarthy said that it was unlikely that there would be anything
from Altus between now and the Deliberative Session. Editor’s note: This is an apparent reference to Altus
Engineering.
Selectman Musselman referred to public input
advising that the articles be stand-alone.
Editor’s note: At the all-day budget session on October 26,
2017 there was a plan to combine all of the 2018 expenditures requiring bonding
into a single warrant article.
The motion to place the warrant article
carried unanimously.
Capital outlay: Stormwater asset
management program (226:04 elapsed)
Selectman Musselman
read the warrant article, which referred to a $30,000 cost and financing by the
state revolving fund. There was discussion
about the wording suggesting a total of $60,000.
Mr. McCarthy said that the $30,000 would be
borrowed, but that $30,000 would be granted at the end, so authority to borrow
the funds is needed.
Selectman Winslow
suggested that there be an explanation of what stormwater assets are. There was then discussion about the wording.
Selectman Musselman
said that it would be reviewed later.
Warrant Article: Recreation Area
Storage Facility (229:01 elapsed)
Selectman Musselman
read the warrant article, which referred to a multi-purpose storage facility at
the Recreation Area which included maintenance, a garage and a concession
area. Selectman Musselman said “I say
good luck with that.”
Selectman Jenness said
that they need that very badly.
There was discussion
about a three-fifths vote not being needed as the warrant article indicated.
It was agreed that this
would not be taken to the Budget Committee pending confirmation of the required
vote margin.
Warrant Article: All veterans
$500 tax credit (230:03 elapsed)
Selectman Musselman
read the warrant article, which included language regarding eligibility for the
credit. He said that the words were
convoluted.
Mr. Magnant said that
the wording was what had been used in other towns.
The motion to place the
warrant article carried unanimously.
Warrant Article: Acceptance of
Cedar Run as town road (230:50 elapsed)
Selectman Musselman
read the warrant article that referred to Cedar Run, off of South Rd. Selectman Winslow referred to this as the
D.D. Cook subdivision. There was
discussion about Starfish Circle having been approved the prior year. Editor’s
note: Cedar Run was a small subdivision
by D.D. Cook, not to be confused with the Falzone subdivision (Stoneleigh
Preserve), also off of South Rd.
Starfish Circle was also a Falzone subdivision, located off of Brackett
Rd. While the Planning Board and Zoning
Board of Adjustment denied that subdivision, a lawsuit resulted and
finalization of the settlement is pending.
Under the terms of the settlement, the Town would pay $400,000 and 13
buildable house lots would be created, rather than the 17 sought in the final
application. Approximately 18 acres
beyond what the developer had originally intended to donate to the town would
instead be sold to it in return for the $300,000 of the $400,000 payment. The other $100,000 would be the consideration
for the developer waiving his claims for damages and attorneys’ fees.
Adjournment (231:36 elapsed)
Whereupon the meeting
adjourned at approximately 10:42 p.m.