HTML version for the Civic News: RyeBOSrclNotes122313revDfinal
NOTES OF DECEMBER 23, 2013 RYE BOARD OF SELECTMEN MEETING
Final Revision D – Provided by the Rye Civic League
Present: Selectmen Jenness and Mills. Participating by speaker telephone: Selectman Musselman. Also present: Mike Magnant and Cyndi Gillespie.
Also present from the Town: Assessor David Hynes.
Persons present from the public included: Mae Bradshaw, Steven Borne, Victor Azzi, Joe Cummins, Alex Herlihy, Jaci Grote, Jim Raynes.
Editor’s note: There is no video for this meeting, thus the time stamps have been omitted.
Summary
- The Selectmen proposed a more formal process for Conservation Commission land acquisitions.
- The Rye Civic League presented the results of its recent survey.
- Sewer Department space at the Town Hall will be reduced.
- Harbor Rd. Town ownership and snow plowing issues continue.
- Selectmen vote to eliminate Oral Ln. and Foyes Rd., and rename them to Frontier St.
Introduction
The meeting was called to order by Chairman Mills at approximately 6:40 p.m. There were no announcements.
Minutes
The motion to accept the minutes of the non-public collective bargaining session on December 9, 2013 was made by Selectman Jenness and seconded by Selectman Musselman. All were in favor.
Goss Farm Donation
The motion to accept the $452.00 donation to the Conservation Commission for the Goss Farm was made by Selectman Jenness and seconded by Selectman Musselman. All were in favor. Selectman Jenness also noted that two additional checks had been received.
Conservation Land /Easement Acquisition Approval Process
As the discussion commenced regarding the draft document, Mae Bradshaw asserted that it constituted a public record. She asked for a copy and one was provided to her.
Selectman Musselman stated the purpose of the policy was to achieve more transparency regarding land acquisition. However the first step is a non-public meeting.
The second step is that the Conservation Commission would need to present information to the Town Administrator who would gather information requirements and check them off on a list (enumerated as items “a” through “p” in the policy) to be sure that the information production was complete.
Following this, as a third step, a meeting of the Selectmen would be scheduled,
The fourth step would be a site walk.
The fifth step would be the notice of a public hearing before the Board of Selectmen, at which all of the information available would be presented. The Selectman could vote at that meeting or at a later meeting on whether to approve the acquisition.
Selectman Musselman stated that Town Counsel has reviewed the policy and added additional items that appear in the draft policy. The policy is a work in progress and may be further adjusted, he said. The Board of Selectman will be a check and balance on acquisitions and the making of major public expenditures. Selectman Musselman stated that they “need to develop more information than was taken in the past.”
Selectman Musselman stated that he is one hundred percent in favor of taking the property but that it needs to be done in a more deliberative fashion. Editor’s note: He was apparently referring to the former Rand Lumber property which is under consideration by the Conservation Commission at this time.
Selectman Jenness asked how this new policy would affect any decision about supporting the Conservation Commission’s request for a warrant article. Editor’s note: In prior discussions, it was revealed that they are requesting $3 million dollars. Initially, Selectman Musselman was opposed to the warrant article, and stated that he favored permitting the voters to vote each major acquisition up or down. Selectman Mills indicated that he was undecided. See the notes of the December 9, 2013 meeting. At the December 12, 2013 Budget Committee meeting, Selectman Musselman suggested that he had changed his mind, and would be in favor of the warrant article if a strengthened process is in place. See the notes of that meeting. Selectman Musselman stated that he believed that there was enough time at the January meeting to discuss and consider the warrant article. He did not wish to hold up the warrant article but he was not in favor of continuing “the old way of doing it.” Selectman Jenness stated that the commission had done great work in the past. The new policy of the Board of Selectmen, according to Selectman Musselman, would be that each property would “have what is appropriate for each piece.” Selectman Mills asked when the drop dead date would be for the warrant article, which was revealed to be January 14, 2014. It was disclosed that the next scheduled meeting of the Board of Selectmen will be January 13,2014.
Conservation Commission member Jaci Grote asked whether the vote on the policy and the warrant article would both occur on that date. Selectman Mills responded that each was going to be voted on separately even though the two go hand in hand.
Conservation Commission Chairman Jim Raynes stated that there are a number of aspects of the policy that the Conservation Commission could live with, although they would need to check the RSA’s. They would check with their attorney. He would like the warrant article to be a separate thing. He had not seen the proposed policy. Selectman Jenness said the Conservation Commission does most of these things anyway. The Board of Selectmen has to cover its responsibilities, she said.
One of the Selectmen stated that the warrant article goes before the Budget Committee on January 7, 2014 and that the Conservation Commission is hoping to get their approval.
The Selectmen then discussed whether there could be an emergency meeting on January 6,2014. Because the Beach Use Ordinance Committee meeting will be at 6:00 p.m., it was agreed the Board of Selectmen would meet at 4:30 p.m. on the 6th. Editor’s note: Selectmen Musselman and Mills both serve on the Beach Use Ordinance Committee. Selectman Musselman made a motion to hold the emergency meeting and Selectman Jenness seconded it. All were in favor.
Mae Bradshaw asked whether the opinion would be released to the public. Selectman Musselman stated that he did not believe that it should not be released. Town Administrator Magnant clarified that, since the draft policy was in the Selectmen’s packet, it was a public document, however the comments from the attorney may be shared or not at the discretion of the Board of Selectmen.
Jim Raynes requested a copy of the policy.
Abatements and approval of Board of Tax and Land Appeals settlements
Assessor David Hynes stated that the adjustment in the Guyton case had been approved by the Board of Tax and Land Appeals (“BTLA”). It needed to be approved by the Board of Selectmen, otherwise the case would be going to court. He explained that he originally denied the abatement because he was new on the job and needed more time to evaluate the issue. Editor’s note: According to the agenda, the Guyton case relates to 4 South Rd., and reflects a reduction from a current value of $3,195,600 to $2,934,400.
Mr. Hynes stated that the Guyton property at 4 South Rd. and the Morais property at 1 South Road of Morais are similar. Editor’s note: The agenda reflects an abatement for the Morais property as well, but does not reflect the change in assessed values. Mr. Hynes stated that both properties are near commercial properties at the Drake House and the Rye Beach Club. Selectman Jenness moved for approval of each and Musselman abstained from both because he did not have the paperwork with him. He stated that he was on vacation and said he trusted David, the assessor. Selectman Mills said “you have more trust in David than we have.” The Guyton property received an abatement of $6,500.00 which represented two years taxes plus interest. The Morais property received an abatement of $925.00.
The Sanctuary Care property was voted an abatement of $6,162.40 plus interest based on the valuation effective as of April 1, 2013. Editor’s note: The agenda lists the Sanctuary Care property at 295 Lafayette Rd., but provides no assessed values.
Two properties on tiny lots with no other land were granted abatements: those of Harry Lowell and Jan Collier. There are seven such properties in all and all will be reduced in 2014 as postage stamp lots, Mr. Hynes stated. Editor’s note: The Lowell property at 114 Harbor Rd., is listed as the approval of a settlement before the BTLA, with a reduction in value from $1,019,000 to $840,300. The Collier property at 118 Harbor Rd. is also listed as the approval of a settlement before the BTLA, with a reduction in value from $1,070,200 to $891,800. Mr. Hynes stated that the Lowell property’s abatement for two years was $4,144.10, plus interest, and the Collier property’s abatement for two years was $4,160.29, plus interest. Selectman Musselman abstained from all of the abatement votes because he did not have the paperwork.
Mr. Hynes stated that there were still 2 court cases remaining and 7 cases remaining before the BTLA.
Presentation of results of the Rye Civic League by Steven Borne
Mr. Borne let everyone know that his presentation was posted on the website of the Rye Civic League so that anyone watching the video would be able to view the presentation slides. Editor’s note: The presentation is available at https://ryecivicleague.org/wp-content/uploads/2013/12/RCL-2013-Survey-12-23-13-Presentation.pdf. Mr. Borne stated that, of the respondents, 60 percent were families without children.
He stated that the ranking (one being the highest) of the projects that have been identified as coming forward within the next six years was as follows:
1. Central water works
2. Town Hall
3. Conservation acquisitions
4. Transfer Station improvements
5. Recreation buildings
Steven Borne stated that, in retrospect, respondents should have been given a “none of the above” option.
Mr. Borne pointed out that there may be some polarization of opinion with respect to Conservation and Town Hall funding. Each had almost equal numbers of 1’s (top priority) and 5’s (lowest priority). Editor’s note: According to the presentation, out of 139 responses, Conservation had 28 1’s and 28 5’s. Town Hall had 37 1’s and 32 5’s.
Mr. Borne stated that these responses suggest as many people are in favor as are opposed.
He stated that, for Rye Recreation, the participants wanted something other than just replacing the modular buildings with permanent ones.
With regard to the process at the recycling center, while 58% said that the system is fine as it is, one-third of respondents stated that they would like to see improvements.
The ranking of priorities for Conservation investments (with one most important) was (1) prevent development, (2) protect wildlife (3) preserve views, and (4) increase bike paths and recreation areas.
Mr. Borne stated that eighty percent of those responding to the survey wanted a debt service ceiling to coordinate capital improvements for the Town. Respondents agreed that one governmental group should be responsible for this to avoid spikes in taxes, as had occurred in the past.
Mr. Borne stated that there are 1100 subscribers to the Civic News published by the Rye Civic League (“RCL”). Of these, 139 responded to the survey. Selectman Musselman stated that the questions had an agenda. Mr. Borne explained that these are the topics being discussed at Civic League meetings. Mr. Borne noted that receiving 139 responses over a two week period around the holidays was a good result compared to the number that the Town had received in connection with a Town Hall survey. Editor’s note: In late 2011, the Town had mailed a survey to residents regarding the Town Hall. There were 187 responses received according to an AG Architects report dated January 26, 2012 (page B-45). If it is assumed that the Town’s mailing would have been sent to every known household, the RCL’s percentage response was higher than what the Town achieved. According to the 2010 U.S. Census, there were, in 2010, 2811 housing units in Rye, of which 2299 were occupied. Mr. Borne noted that the cost of the RCL survey was zero. No other comments were made by the Selectmen.
FEMA update
Town Administrator Magnant reported that, in 2008-2009, FEMA had threatened to put the Town on probation for noncompliance of 22 different properties identified by FEMA. The Town is now down to four, which are in abeyance with one about to be completed. The remaining three will wait until May when the new preliminary maps come out, as the Town does not want to take action and discover later that the new maps have the properties located outside of the flood plain. The preliminary maps will be available prior to the draft maps, which in turn will be available prior to the final maps. Compliance will affect insurance rates, Mr. Magnant said.
Performance review policy
The document was not reviewed because Selectman Musselman was participating by telephone and didn’t have a copy with him. This policy will apply to reviews of every employee, including department heads. The intent would be to perform reviews annually. If there was a need for a remedial review, this would be done after six months. It was suggested that more language on skill development should be added. The review would be scheduled before wage increases or Cost of Living Adjustments (“COLAs”) in April. Selectman Jenness moved to approve the policy and procedure and move forward to develop the tools to apply them. Selectman Musselman seconded the motion. All were in favor.
Office space in existing Town Hall for new accounts payable clerk
Mr. Magnant stated that the new accounts payable clerk needs room and that he has asked the Sewer Department to give up some of its room. Editor’s note: Mr. Magnant was presumably talking about space occupied by Recreation Director Lee Arthur, who is head of both the Recreation and the Sewer Departments. The Sewer Department no longer has an employee occupying the space, however Ms. Arthur conducts both Recreation and Sewer business out of the formerly occupied Sewer office on the second floor of Town Hall. Sue Dunfey, who previously worked in the Building Inspector’s office downstairs has transferred to a new position in the Finance Department upstairs. She is apparently being referred to as the accounts payable clerk above. There is apparently a plan for the Building Inspector’s office to hire a replacement. Mr. Magnant stated that his request has been declined because of the Sewer Department’s need to meet with contractors and spread out plans, etc. He stated that they pay rent of $100.00 a month. Magnant’s argument was that the Sewer Department is not “manned” eight hours a day. Selectman Mills stated “if you want it, take it.”
Library warrant article
It was disclosed that Library Director Andy Richmond is seeking approval of a warrant article for the Library. Selectman Musselman moved to approve what had been approved by the Budget Committee. All voted in favor.
E-mail from Lynn Joslyn regarding “no hunting” signs in the Town Forest
Public Works Director Dennis McCarthy stated that a legal posting is for signs within 100 feet of each other so that a hunter should see two signs at the same time. A hunter would be no more than 50 feet from a sign when entering a “no hunting” area, he said. There is no hunting in Rye Woods, he said. The Conservation Commission did the posting. It was agreed that Mr. Magnant would follow up to repost before the next hunting season.
E-mail from Ed Farley regarding police policies
Mr. Farley’s barking dog complaint was tabled.
E-mail from Toby Heisey regarding status of Mill Ln. as a private road
It was revealed that Toby and John’s address for tax purposes and 911, etc. has always been 150 Harbor Road, not a Mill Lane address. It is one of the oldest homes at the harbor. Mill Lane has always been plowed by the Town with street signs indicating “Private Road” posted by the Town. Mr. Heisey presented a substantial amount of evidence indicating that the Town has always considered their house to have an address on Harbor Rd., not Mill Ln. The Heisey’s concern is that, if the road is private and under joint ownership with neighbors, a vote of the neighbors could require them to pay for costly aesthetic improvements to the road.
Selectman Musselman suggested that the issue be sent to Town Counsel and put on the agenda for a later date. Toby offered to take care of the road and buy it back from a former tax taking. Selectman Mills recommended tabling the issue. Editor’s note: According to Google maps, Mill Ln. is a short cul-de-sac off of Harbor Rd. to the east of Ocean Blvd. This was not the first time that the issues of snow removal and road ownership have come up in the area. See Gordon v. Town of Rye, 162 N.H. 144 (2011) (a New Hampshire Supreme Court case relating to a section of Harbor Rd. further east).
New business: Cost sharing of capital equipment for the Fire Department
The Fire Chief stated that he will be meeting with the North Hampton Fire Chief regarding cost sharing of capital equipment.
Old business: Changing Oral Ln. and Foyes Rd. to Frontier St.
There was discussion that these three streets come together and all should be named Frontier Street. The motion to make the change was made by Selectman Musselman. Selectman Mills stated that it’s a good idea but residents who attended the last meeting were firmly against the change, with nine residents against the change and four residents in favor of it. Selectman Musselman stated that “it is a matter of public safety.” The vote was 2-1, with Selectmen Musselman and Jenness voting in favor and Selectman Mills voting against. Editor’s note: There was vigorous opposition from residents at the December 9, 2013 meeting. See the notes of that meeting. Selectman Mills had stated at that meeting that new signs would be tried for 6-9 months. There is currently a single sign post at the intersection with Sagamore Rd., which has signs for all three streets. At least one of these is oriented in the same direction as Sagamore Rd., creating confusion.
Discussion regarding Right-to-Know law
Joe Cummins asked which of the Selectmen had attended the Right-to-know seminar conducted by Town Counsel. Selectman Musselman stated that he could not remember. Selectman Mills stated that it was “a long time ago”. Selectman Jenness stated that it is covered in reading materials they all receive. Cyndi Gillespie suggested that the seminar could be done again.
Selectman Mills talked about confidential client privilege with the town counsel. The consensus was that drafts should be reviewed by counsel before being released. The first time they had seen some of the policy documents was in their packet for that night. Selectman Musselman stated that, once a document was in the Board of Selectmen’s packet, it should be released.
Selectman Mills said that Mae Bradshaw had asked him for it and he had said no.
Joe Cummings stated that he was happy that the Board of Selectmen attends these seminars but was concerned about the confusion and the fact that a public document had been withheld. All votes of the night should have been roll call votes, he added.
Recycling issues
Selectman Jenness brought up an article in the paper regarding the recycling of phones. A member of the Conservation Commission responded that there is now a glut of refurbished phones available for troops.
Steven Borne suggested that providing food composting services could significantly reduce tipping fees for the Town. It was disclosed that the Recycling Subcommittee is looking into this.
2014 Budget Work Session
Finance Director Cyndi Gillespie asked the Board of Selectmen to add back $3000 for professional training for firemen. Editor’s note: See the notes of the November 14, 2013 all-day Budget Committee session. The $3000 reduction relates to reimbursement to a call firefighter who has been obtaining paramedic training at her own expense. Since the proposed reimbursement was to be conditioned with her remaining for three years, it was proposed that the reimbursement be paid over that time period, rather than up front. This was the sole budget reduction made during the all-day meeting. Ms. Gillespie stated that the commitment to reimburse for programs is spaced over three years but the Budget Committee only votes year to year. Mae Bradshaw suggested that an escrow account be set up with the Fire Department whereby the department retains the entire reimbursement and pays it out over a three year period as the student completes the requirements. No action was taken on this matter.
Ms. Gillespie asked that the $50,000 for the Conservation Commission appropriated last year be available in addition to the three million Conservation Commission warrant article. Without a legally binding Purchase and Sale Agreement there is concern that that the $50,000 budgeted this year for land acquisition would not have been encumbered and would be lost. Editor’s note: The word “lost” is from the perspective of the department. To the taxpayers it is a gain, as when appropriations expire without having been spent the money is retained and can be used to reduce taxes in a future year. In the recent past, the Selectmen have returned the maximum possible amount of the surplus to taxpayers each year. All were in agreement that the $50,000 could be used for land acquisition. Editor’s note: See the notes of the December meetings of the Board of Selectmen and the Budget Committee. The Conservation Commission had sought $50,000 in its 2014 budget for land acquisition, so that some money would be available in the event that the $3 million bond issue did not pass. It appears that the Selectmen decided to permit this budget line item to remain for 2014 as the $50,000 budgeted for 2013 would not be spent and would be “lost.”
Ms. Gillespie went through the list of encumbrances at year-end and stated that it was still a moving target as some things had not been billed or paid. Ms. Gillespie provided a spreadsheet. At the end of the discussion Joe Mills handed it back and asked that it be destroyed. No copies were provided to the public.
