RCL Board of Selectmen Notes June 10, 2013


Final Revision B – Provided by the Rye Civic League

Printable Version:

Present:  Selectmen Jenness, Musselman (arrived late) and Mills.  Also present: Michael Magnant, Cindi Gillespie

            Editor’s note:  For ease in finding particular sections using the archived video and audio on the Town website, the times associated with each section are indicated.  These coincide with the times appearing in the black bar at the top of the screen.

Pledge of allegiance (6:49:10 p.m.)

With Selectman Musselman absent, the meeting started.  Selectman Mills noted that Selectman Musselman was on his way, and that they had just gotten off of the phone with him in a conference call in a non-public session.

Approval of minutes (6:50:15 p.m.)

Selectman Musselman walked in at 6:51 p.m.  just as the May 28, 2013 6:30 p.m. meeting minutes were being voted on.  These were approved with a minor change, all were in favor.  The June 3, 2013 meeting, 5:00 p.m. meeting minutes were approved without changes.  The non-public session meeting minutes for May 28, 2013 were approved without changes, all were in favor.  The June 3, 2013 non-public session minutes were approved without changes, all were in favor.

Sign Request, Rye Farmers Market (6:52:00 p.m.)

The sign request was approved unanimously.  The sign request at Christine’s Crossing was deleted from the approval as it is not Town property.  Only Parsons’ Field and Washington Rd. at Lafayette Rd. were approved.

Presentation of Louise Tallman Award by Mae Bradshaw of the Heritage Commission (6:54:50 p.m.)

Ms. Bradshaw explained the establishment of the award by the Heritage Commission.  The first such award was made to Sara Hall.  Her efforts to have the Town Hall added to the State Register of Historic Places was recently successful.  Ms. Bradshaw requested that the related plaque, which she showed, be displayed at the Town Hall.  Selectman Mills suggested that the plaque be displayed in the lobby.  Selectman Mills indicated that he was impressed with the work, which appeared as though it would have taken a solid week to complete.

Award of fuel oil bids (6:57:00 p.m.)

Dennis McCarthy, Public Works Director, indicated that the bids for the Town of Rye, Town of Newcastle and the School Districts were opened on June 6.  The bids run from July 1 to June 31 (sic).  Bids were for regular fuel oil, blended fuel oil, gasoline and diesel fuel.  The winning Hanscom‘s bid for number two fuel oil was $2.905 per gallon.  Editor’s note:  The other bids and prices are set forth in the official minutes.

In response to a question from Selectman Musselman, Mr. McCarthy indicated that the Library had contacted him on the day of the bid.  Hanscom’s is willing to accommodate the addition of the Library to the contract if the Selectmen agree, Mr. McCarthy said.  He said that the Library is in the process of obtaining its own quote.

Selectman Musselman stated that the Selectmen’s approval should not be needed.  Selectman Mills reminded Selectman Musselman about a Budget Committee meeting when someone, apparently from the Library, had accused the Selectmen of being “stupid” for entering into a contract before the bottom fell out of the market.

Mr. McCarthy noted that the timing for the contract had recently changed as suppliers have indicated that the best prices are available for bids received in June, and the period covered coincides with the fiscal year for the school district.  Someone in the audience noted that there are only 30 days in June.  The motion to accept Hanscom as the winning bidder carried unanimously.

Victor Azzi requested the prices so that he could provide the information at an upcoming meeting of the Library Trustees.  Editor’s note:  Mr. Azzi is one of the Library trustees.  Selectman Mills interrupted and stated that this should be done afterwards.  The price of $2.905 was nevertheless provided by someone other than Mr. Mills.

Seasonal employee for Recycling Center (7:02:00  p.m.)

The hiring of this employee was approved unanimously.

Beach Use Committee vacancy (7:04:55 p.m.)

Selectman Mills indicated that Jay Nadeau was unable to participate.  Two applications were received for his replacement.  Selectman Mills indicated that he was recommending that the one from Katy Sherman, 25 West Rd., be accepted.  The motion to approve carried unanimously after Ms. Sherman, who was present, spoke briefly.  The name of the other applicant was not disclosed.

Fire and Police Dispatch Service (7:06:20 p.m.)

Fire Chief Sullivan and Police Chief Walsh addressed this issue.  Chief Sullivan explained that Derry, Salem and Londonderry do not participate in the county dispatching.  The County Commissioner from that area has been pressuring the Sheriff to institute a fee for communities that use the County dispatching.  Editor’s note:  The Portsmouth Herald has reported that the City of Portsmouth also does not participate, and that it is seeking to avoid the cost, which is apparently imposed upon all taxpayers in Rockingham County as a portion of the County Property Tax.  Chief Sullivan explained that a per head fee of $1.50 is being proposed for fire and police dispatching.

Chief Walsh explained that the Police Chiefs (presumably of a number of Country communities) are opposing.  The price could increase in later years once the fee has been instituted.  There is no criteria for the formula.  The County also provides prisoner transport services, which Rye uses 4-5 times per year.  The towns and cities which do their own dispatching use the prisoner transport service much more frequently.  Editor’s note:  Chief Walsh was apparently arguing that these communities are receiving disproportionate benefits from their county taxes in non-dispatch areas, evening out any disproportionality related to dispatch. 

            Chief Walsh continued, stating that there is no restriction on the proposed fee, limiting its use to dispatch services or equipment.  The equipment is outdated, the equivalent of “cans and string.”  They are operating out of the equivalent of a closet.  He’s recommending that the proposal be opposed until there’s something more concrete, and that the Town contact the County Commissioner who represents the area to express its opposition.  Chief Walsh also stated that the proposal is to implement the fee now, but there is nothing in the 2013 budget for this.

Chief Sullivan indicated that Hampton, Derry, Londonderry, Newmarket, Salem and Portsmouth do not use the County dispatch services.   Chief Sullivan stated that he would love to have Portsmouth dispatch the Rye Fire Department, along with Greenland, New Castle and Newington.  Chief Walsh stated that there would be complications doing that, arising out of the need for a formula to allocate charges.  There would be no way to show exactly what the money was going towards.

Selectman Musselman asked whether, if the dispatch costs were allocated among the communities, whether the result would be reasonable.  Chief Sullivan stated that the Sheriff’s goal was to raise $109,000 per year for 10 years for capital improvements.  However, there’s no guarantee that that would be where the money goes.

Selectman Mills stated that Rye used to do their own dispatching.  They went to Rockingham County supposedly “at no cost.”  He was against this move at the time, but the other two Selectmen were for it.  Fire Chief Sullivan stated that it would cost $350,000 to $400,000 annually for Rye to do its own dispatching 24/7 for police and fire.  He continued that Chief Magnant had studied bringing other communities under Portsmouth dispatch and it would be expensive.  Editor’s note:  Mr. Magnant was formerly the Police Chief of Portsmouth.  Mr. Magnant interjected that the cost would be high due to equipment and personnel.  Chief Walsh stated that Rye would be on its own only during a weather emergency.

The Selectmen agree that they would support Chief Walsh’s opposition.  There was discussion regarding a letter being sent, however nobody knew who the County Commissioner representing Rye was.

Fourth of July Fireworks (7:16:30 p.m.)

Chief Sullivan stated that the permits were in order with respect to the July 3 shoot at the Beach Club at Sawyers Beach.  Permission is needed as well for the July 4 shoot at Parsons Field, sponsored by the Recreation Department.

Rye Lyons Annual Car Show (7:17:50 p.m.)

The application for the show and the associated sign (limited to 2×2) was approved unanimously.

Abatements (7:18:35 p.m.)

The new assessor, David Hynes, came up to the Selectmens’ table with a stack of folders.

The BTLA case, involving Salmonsen, 15 Heather Dr. was discussed first.  A settlement for 11 Heather Dr. had previously been approved.  A reduction from $2,961,000 to $2,672,200 was approved for 15 Heather Dr. for 2011.  Mr. Hynes explained the rationale.  The new value is a “little less” than the revaluation came back at, $2,737,400, and the economy was weaker then.  No abatement was filed for 2012.  Mr. Hynes explained that a new filing would have been required due to the Town-wide revaluation, but since none was made, the property owner has lost the opportunity to have the valuation for 2012 reduced to $2,672,200.  All were in favor of the settlement based on the reduced assessment for 2011.

Selectman Musselman had a general comment about the abatements.  Former assessors have provided a summary of the case made by each resident, as well as a reasoned response, for or against granting the abatement.  It is very difficult for the Selectmen to evaluate the abatement requests with the 4 or 5 lines of text scribbled on cards, as they have here.

The twelve approvals were addressed first.  Mr. Hynes explained that the property owners had been in contact with the Town through KRT.  Selectman Mills stated that, in prior years, “Howie” had contacted the property owner beforehand and was able to say whether or not the property owner agreed.  Editor’s note:  This is an apparent reference to Howard Promer, the assessor through early 2011.  Mr. Hynes explained the process this year, which was different.

Selectman Musselman had questions on Valentine, map 012 lot 064, 130 Central Rd.  He stated that he did not understand the reduction of $28,400, given an increase in the number of baths from one to two and a downgrading of the condition of a $6500 shed.  Mr. Hynes explained that a finished attic had been changed to unfinished and the depreciation code changed from “good” to “average.”  The motion to approve this abatement carried unanimously.

            The abatement for GEM Realty Trust, 1663 Ocean Blvd., map 013, lot 016 was then discussed.  Mr. Hynes explained that the bulk of the change in value was due to the change of a condition factor from .9 to .6.  Selectman Musselman noted that this was a huge change.  What had been a large increase became a substantial decrease, he said.  The motion to approve this abatement carried unanimously.

The motion to approve the abatement for Burns, 46 Wallis Rd., map 17.3, lot 009, carried unanimously without discussion.

The next abatement was for Asadoorian, 1359 Ocean Blvd., map 17.4, lot 031.  Mr. Hynes noted that water damage was found on the property.  There is an outstanding building permit so the value will probably change next year.  Selectman Musselman noted an increase in the number of bedrooms from 3 to 5.  Mr. Hynes responded that applying for an abatement opened the property up to inspection and correction of any errors.  Selectman Mills noted that his son had rented the house one year, and asked whether it was a one or two family.  Mr. Hynes could not answer this question. The motion to approve this abatement carried unanimously.

The next abatement was for Kelly, 1349 Ocean Blvd, map 17.4, lot 035.  Selectman Musselman stated that he could not understand this one.  Selectman Mills said that the house was referred to as the “too tall house.”  There was a “hell of a fight over that one,” he said.  Mr. Hynes stated that the lot is small.  There’s no side yard.  There’s also no back yard due to the marsh, and not much of a front yard, just the house.  The condition factor for the land was reduced from 100% to 70%.  Selectman Musselman noted that the land value went back to what it had been in 2010 and 2011, but the building value went up by $53,000.  Mr. Hynes explained that that had a lot to do with the “sale” properties (presumably referring to comparable houses that changed hands and were the basis for the assessment.  He also stated that the grade went from “average plus 10” to “good.”  The motion to approve this abatement carried unanimously.

The next abatement was for Moores, 70 Sagamore Rd., map 022, lot 029.  The revised valuation of $316,200 was approved unanimously, without discussion.

The next abatement was for Yeager, 37 Elwyn Rd., map 024, lot 014.  Mr. Hynes stated that he concurred that the grade was too high.  It was changed from “good” to “average.”  Confusion over markings on the cards and what had been entered in the Vision Appraisal system was resolved.  The motion to approve the abatement carried unanimously.

The next abatement was for Kole, 80 Harborview Dr., map 024, lot 057.  Selectman Musselman noted a $33,600 reduction due to the incorrect heat source.  The card had geothermal, but it was hydro air.  The motion to approve this abatement carried unanimously.

The last abatement was for Jennings, 5 Wentworth Rd., map 026, lot 015.  Mr. Hynes not that he looked at the property and there was a lot of ledge.  Selectman Musselman stated that there are a lot of other properties in Town with ledge.  Mr. Hynes noted an increase for waterfront and a reduction for ledge. Mr. Hynes noted a reduction from 100% to 90% on the land condition factor.  The motion to approve this abatement carried unanimously.

(7:54:05 p.m.)

Selectman Jenness asked whether those with a proposed denial had been notified by letter.  Mr. Hynes responded that they had not been, because a proposed action means nothing unless the Board of Selectman approve.  Selectman Jenness asked whether the taxpayers’ only notice might have been if they happened to read the agenda for the night’s meeting.  Mr. Magnant stated that this was the process that had been followed in the past.  Selectman Jenness stated that, in the past, people had made appointments with the Selectmen.  She stated that that was probably before Mr. Magnant was with the Town.

Selectman Musselman noted the lack of detail.  He read from one of the properties “6 or 7 in,” stating that the taxpayer had not submitted any data and recommending that the abatement be denied.  He stated that the Selectmen did not have enough information and there were too many properties to go through.  Mr. Hynes responded that KRT would not try to figure out why the assessment was wrong as the burden of proof was on the taxpayer.  If the taxpayer is truly aggrieved they may go to the BTLA or the Superior Court.

Selectman Musselman stated that, in the past, there had been a short paragraph explaining the reason for the denial, together with information from the taxpayer.  Mr. Hynes stated that, in most of the cases, no information was supplied.  In 80 percent of the denials, the taxpayer sent in no information, he said.  Selectman Jenness stated that, in the past, three or four comparables had typically been provided by taxpayers.

Selectman Jenness stated that she had questions relating to three properties:  Winebaum, Raynes and Piotrowski.  Editor’s note:  Sam and Dominique Winebaum and Jim Raynes were in the audience. 

            With respect to the Winebaum property, she stated that she understood the denial, but had issues with the cutoff of the green zone. She stated that she grew up in the area and she did not understand why Pine St. would be cut down the middle.  Editor’s note:  This is an apparent reference to the Town Neighborhood Maps that is accessible in the Assessor’s Section of the Town web site at www.town.rye.nh.us.  The portion of the map covering the Winebaum’s property is colored green, but an adjacent area is gray, indicating that it is in a different “neighborhood.”  Part of Pine St. is in the green area, part is in the gray area.

            Selectman Jenness continued, stating that she also did not understand how the Winebaum property, and the entire green section, could be in the same neighborhood as properties on the east side of Route 1A (i.e. on the beach).  Editor’s note:  The suggestion that the entire green section uses identical land values is somewhat misleading.  See the KRT Appraisal report entitled “Rye, NH 2012 Residential Assessment Information,” available on the Town’s website at www.town.rye.nh.us, by clicking on “Departments,” then “Assessing Department,” then “Residential Assessment Information.”  The methodology is described on pages 13-17.  There are additional factors for land condition and site, with multipliers for several factors such as oceanfront, golf course, harbor front, and creek properties.  Mr. Hynes explained that it’s one geographic, economic neighborhood.  In looking at it, it looks reasonable.  Investigating this further would take 6 months.  Once one starts looking at it, it would affect other neighborhoods throughout the town.  You never break an economic neighborhood down a street.

Selectman Jenness stated that Pine backs up on Huntervale and the two are in the same economic neighborhood.  However, Huntervale was built on her childhood skating pond.  They are not the same economic neighborhood at all, she said.  Mr. Magnant stated that this issue had been addressed, and “they” (apparently referring to KRT) would not be able to deal with this in a day or a week.

Selectman Jenness asked how this was ever going to be straightened out.  Mr. Hynes stated that usually the in-house assessor agrees with most of what the outside firm is going to do.  In this case, Norm LeBlond, probably had inside information on where the economic neighborhoods are going to break.  In the next year or so, the in-house assessor will make adjustments.  It doesn’t look that bad based on his limited knowledge, he said.  Norm “probably” felt that that was a reasonable cut, he asserted.  Editor’s note:  Norm LeBlond was the assessor prior to Mr. Hynes.

Selectman Musselman said that Norm was brand new too.  He landed in Rye a year ago, in a hurry, he said.  Selectman Jenness suggested that she would like to take Mr. Hynes on a tour and compare properties in Myrica-by-the-Sea, which are often 50 foot lots, against those on the beach.  She asserted that the sales prices would not be comparable.  Selectman Musselman stated that it could not be dealt with lot by lot, but must be dealt with according to  neighborhoods.

Mr. Hynes stated that he was rushing to get things done as, if there is no response by July 1, the abatement requests will be deemed denied.  He did not want to leave property owners hanging.  If particular cases go to the BTLA there will be more investigation.  Some properties may change neighborhoods as a result.  However, this will only affect those that filed for abatements this year.  Others would be corrected the following year.

Selectman Mills asked about the cost to file with the BTLA.  Mr. Hynes responded that it was $65, and no attorney was required.  In response to a question from Selectman Musselman, Mr. Hynes stated that the BTLA rules have required mediation starting about 5 years ago.  Prior to scheduling of the case the Town and the taxpayer are required to sit down and attempt to resolve the issue.

Selectman Jenness stated that she had been to the BTLA in connection with her camp.  The BTLA determined that one section around the lake was done by one assessor and another section by a different one.  There was a determination that her property, along with others, had been overassessed.  Everyone on the road had his or her assessment changed, she said.

Sam Winebaum, 52 Cable Rd. spoke.  He said that his wife, Dominique was there as well.  They believe in paying their fair share of taxes.  The map clearly shows an abutting property to theirs, in gray, lot 72.  The gray land is assessed with a factor of 1.0, and the green with a factor of 1.5.  Editor’s note:  Mr. Winebaum’s property is in the green area.  Mr. Winebuam stated that his property is about a half an acre, while lot 72 is 1.23 acres.  His assessed value of land in 2012 was $230,400, the other lot’s was $254,000.  As a result of the reassessment and the strange configuration of lot 72, his land has gone up to $322,900 in value, and the other lot, double in size, equally as good land, has gone down to $233,500.  This is stepping one foot over, although 56 Cable (assessed as they are), is in between, both are essentially equidistant from the beach.

Mr. Winebaum stated that, according to Mr. LeBlond, the land values in the gray area are based on a sale of land only at 494 Central Rd. for $210,000.  This property is next to a water tower and a power substation.  He was told that everything for a half of mile is based on that one sale.  He suggested that if the factors varied in increments of .1 rather than a jump of .5, he wouldn’t be there.

Mr. Hynes responded that there was no rational way in mass appraisal to go in and change something like that.

Selectman Musselman came over and showed a jog in the line to Mr. Hynes.  Mr. Hynes agreed that it did look disjointed.  He stated that he could not adjust the property benefiting from the jog in the line at this time.  However, it could be done for the following year.

Selectman Musselman noted that two pages of information were submitted by the Winebaums to KRT, but they had not been provided with this prior to tonight.  Editor’s note:  Sam Winebaum passed out copies as he spoke. 

Joe Cummins, 990 Washington Rd. asked whether there had been any legislation to limit discontinuities between neighborhoods.  Mr. Hynes responded that would be illegal as fair market value is determined by sales in the town.  There is a pretty good statute for doing this, he asserted.  Mr. Cummins stated that the response begged the question as Mr. Winebaum is asserting that his property is not assessed at fair market value.  Editor’s note:  Mr. Hynes appears to have missed the point of what Selectmen Jenness, Mr. Winebaum, and Mr. Cummins were making.  That point is that properties closer to the beach are more valuable, and that values decline in a gradual, not step-wise, fashion as the distance from the beach increases.  Properties in the gray area may still be as close as 2000 feet from the beach.  Mr. Winebaum was arguing that these properties should be assigned a higher value, not the 1.0 factor applied to an average neighborhood in Town.

Selectman Jenness then referred to the Raynes property at 24 Fairhill Ave.  She read from a document indicating that the abatement was being denied because, while the taxpayer cited percentage changes, no information on sales was provided.  She asked what the procedure was if there were no sales.  She asked whether KRT would have looked at other properties on Fairhill and determined whether the same percentage of change applied to all of them.  Mr. Hynes responded that the square footage and land sizes of the properties there are different.  The land curves and square footage curves cause differences.  The same percentage cannot be applied running down the street, which is what Mr. Raynes was implying.

Selectman Jenness asked whether, to make one’s case, comparable sales were needed.  Mr. Hynes responded that he looked at Fairhill and everyone’s value went up relative to the size and quality of their house.  The values went up in accordance with what KRT put together for that neighborhood.  Editor’s note:  Mr. Hynes did not respond to Selectman Jenness’ question.  Selectman Musselman again noted that the Selectmen did not have the information that the taxpayer had submitted, and they had no basis to know what it was.

Selectman Mills noted that Mr. Hynes had inherited a “hell of a headache.”  Selectman Jenness stated the difficulty of coming in and dealing with what someone else had done.  Selectman Musselman noted that none of this was criticism of Mr. Hynes.  Mr. Hynes stated that he had reviewed everything and had gone out to see if their were any bigger issues.

Mr. Hynes held up two pieces of paper submitted by Mr. Raynes and stated that unfortunately this was what had been received.  He stated that everything had gone up in accordance with the land curve, which is based on sales.  A half acre is not half the price of an acre lot.  By the same token, a 10,000 sq. ft. house does not have 5 times the building cost of a 2000 sq. ft. house if the buildings are of comparable quality and construction.

Selectman Musselman, apparently reading from Mr. Raynes’ submission, stated that a spreadsheet had been submitted showing that Mr. Raynes had his property go up by two percent, while four other neighboring properties all decreased, by 3 to 6 percent.  Mr. Hynes stated that he looked at the properties in the database and they all went up.

(8:31:30 p.m.)

Mr. Raynes, who was in the audience, interrupted, stating that they did not go up.  Selectman Mills grabbed his gavel, raised his voice, and shouted at Mr. Raynes.  “I’m going to take that cane and…”  Then he said, “not until I recognize you, please Jim.”

Jim Raynes, 24 Fairhill Ave., then spoke.  He reminded Selectman Mills that he had been complaining about the KRT process last year.  He stated that his property had initially gone up by 7 percent, but that the increase had been adjusted down to 2 percent.  The others all went down, not up, he said.  Mr. Hynes responded that valuation changes had been done after the informal hearings, and agreed that the other properties had gone down.

Selectman Musselman acknowledged to Mr. Raynes that he had been correct.  Selectman Mills stated that it was the first time in his life.  Selectman Musselman stated that, he deals with us a lot, and it’s quite rare.  Editor’s note:  Mr. Raynes is Chairman of the Conservation Commission.  Selectman Mills started chuckling.  Selectman Musselman quipped that “he’s so good natured about it.”  Selectman Musselman suggested Mr. Raynes’ case be reviewed further and be addressed again on the 24th.  Mr. Raynes then thanked the Selectmen and walked out, using his cane.

Addressing the third property, Selectman Jenness indicated that there was a note indicating that it had been assumed that the lot was unbuildable.  She noted that it is very wet.  Mr. Hynes agreed that there are several such lots on the marsh.  Selectman Jenness noted that it had been valued at 5 percent and asked how the owner would get rid of the land, other than to give it to conservation.  She asked whether the 5 percent factor applied to Eel Pond as well.  The land under the pond is owned privately, she said.  Mr. Hynes indicated that he had not stumbled across that one.  Selectman Musselman explained that the land that is now Eel Pond had flooded.  Selectman Jenness clarified, stating that Route 1A had been built and the land, which had been used for salt marsh hay and the feeding of cattle, became fresh water after it was cut off from the ocean.

Selectman Musselman moved that the abatement requests on the assessor’s denial list, except for Raynes, be denied.  Selectman Jenness seconded.  Selectman Mills stated that he would not agree.  He stated that he had argued from day one that “this cynical review is flawed.’  He pointed at Mr. Hynes and said nothing against you.  Selectman Mills stated that he cannot agree with this wholesale denial.  Selectman Musselman asked what Selectman Mills would propose that they do.  Selectman Mills stated that he did not know.  However, he continued, once they vote yes, these people will only be able to go to the BTLA.  Some will not.  They are not argumentative people.  It’s like lambs being led to the slaughter, he asserted.

Selectman Jenness asked whether Selectman Mills had some properties picked out that he wanted to discuss.  He said the whole thing was flawed.  He pointed to a sheet of paper.  He said that “this woman” is a widow.  “She hasn’t done a damned thing to the house.”  She’s in her late 70s and her property went up $160,000.  Selectman Jenness stated that that was why she had questioned that zone.  It’s in the same zone as the beach property, and it shouldn’t be.

Selectmen Jenness stated that they needed to move things forward.  The motion to deny all abatements as proposed by the assessor (with the exception of Raynes) carried 2-1, Selectman Mills opposed.

Selectman Jenness asked whether, at the next meeting, they would do the other half, plus Mr. Raynes.  Mr. Hynes stated that he was focusing on those who will, or may, be receiving an abatement, so those would be before the Selectmen next time.  This would avoid an unnecessary $65 fee for those who might have their abatements granted, he said.  Selectman Musselman stated that they always get them done before June 30.  Mr. Hynes stated that that was his intention.

Selectman Mills asked whether the denial notices would enclose information on the right to appeal to the BTLA.  Mr. Hynes affirmed and indicated that the online location of the form would be provided.  Alternatively, taxpayers could come in to Town Hall and obtain a form.

After Selectman Musselman noted that they would see Mr. Hynes next time, Selectman Mills quipped that Kevin (apparently referring to the Police Chief) would provide a bulletproof vest.  Mr. Hynes responded that he would appreciate that.

New business, complaints on Central Rd. (8:42:50 p.m.)

Selectman Mills complained about obstructions in the right of way (rocks on the edge of the road) at 354 Central Rd.  He stated that the Public Works Director, who left the meeting earlier, has been dragging his feet on the issue for a month.  Selectman Mills stated that he would like action.  Selectman Jenness stated that the rocks sometimes tumble towards the road.  Selectman Mills disagreed, stating that “he” (presumably the owner) kept pushing them towards the road.

Selectman Mills also complained that 494 Central Rd. has been loamed to the edge of the asphalt and had been hydroseeded that very day.  He referred to this location as a neighbor of Selectman Jenness.  Editor’s note:  Selectman Jenness lives at 469 Central Rd.  She acknowledged that the situation needed to be resolved, but commented that she did not believe that the homeowner was living there.  Selectman Mills disagreed, stating that the flag on the mailbox had been up.

Selectman Jenness agreed that the loam should be removed and the rocks moved.  Selectman Mills stated that Mr. Magnant should speak to Dennis McCarthy about both of these issues.

32 Old Beach Rd. steps (8:45:00 p.m.)

Selectman Musselman suggested that the matter be referred to Town Attorney Donovan so that they could figure out what to do next.  All voted in favor of a motion to do so.

Question from Joe Cummins regarding value of abatements agreed to (8:45:25 p.m.)

Joe Cummins, 990 Washington Rd. asked whether the Selectmen had a figure for the value of abatements agreed to in the first pass, stating that he was referring to informal adjustments after KRT met with taxpayers the prior fall.  None of the Selectmen could cite a figure.

Non-public session (8:46:50 p.m.)

The Selectmen voted unanimously by roll call vote to go into non-public session on a personnel issue.  Selectman Musselman initially questioned whether one was needed.