RYE 2014 ELECTION: BACKGROUND ON WARRANT ARTICLES 22-27
Final
Revision D -- Provided by the Rye Civic League
Quick links
ARTICLE
22: OPERATING BUDGET ($9,079,898)
Text of warrant article
Shall the Town raise and appropriate as an operating budget, not
including appropriations by special warrant articles and other appropriations voted separately, the
amounts set forth on the budget posted with the warrant or as amended by vote of the first
session, for the purposes set forth therein totaling nine
million seventy-nine thousand eight
hundred ninety-eight dollars ($9,079,898)? Should this article be defeated,
the default budget shall be eight
million seven hundred twelve thousand two hundred one dollars ($8,712,201)
which is the same as last year, with
certain adjustments required by previous action of the Town or by law; or
the governing body may hold one
special meeting, in accordance with RSA 40:13, X and XVI, to take up the issue
of a revised operating budget only.
(Majority vote required.)
NOTE: This operating budget warrant article does
not include appropriations in ANY other warrant articles.
This
article is recommended by the Selectmen. (3-0)
This
article is recommended by the Budget Committee. (9-0)
Background and explanation
The
operating budget provides ongoing funding for the operations of the Town,
including the Library, but excluding the Schools and the three districts (Rye
Water District, Rye Beach Village District and Jenness Beach Village District)
which have each have their own budgets and separate components of the tax
rate. Also, there is a county portion of
the property tax based on the Rockingham County budget. The budget may be amended, up or down, and in
total or by line item, at the Deliberative Session, and it appears on the
ballot as amended. This year, a motion
was made to add $10,000 to study sea level rise, however the motion was
withdrawn without a vote having been taken after legal issues regarding the
relationship between the purpose and the specific line item to be increased were
raised.
After
the Deliberative Session, the voters are presented with a choice between the
budget placed on the ballot at the Deliberative Session and the default budget,
which is the spending level from the prior year with reductions or increases made to account for debt service, contracts, and other obligations
previously incurred or mandated by law.
There are also reductions made for one-time expenditures contained in
the operating budget. RSA 40:13, IX(b). For example, a
bond that was paid off in the prior year would result in a reduction in the
default budget for the following year. A
union contract mandating wage increases, on the other hand, would result in an
increase above the spending in the prior year in the default budget to account
for the contractual commitment. The
Board of Selectmen is not, however, restricted to the default budget if this
warrant article does not pass. It may
also call a special Town Meeting to take up the issue of a revised operating
budget.
The operating budget does not include appropriations that
are made in other warrant articles. The
distinction between expenditures that must be broken out as warrant articles
and those that may be part of the operating budget is not always entirely
clear. In general, major capital
expenditures are presented as separate warrant articles,
however there are smaller capital expenditures that are part of the operating
budget. An example this year is new
phone systems for the Public Safety Building and the Town Hall. In some cases, increases in operating
expenditures of an unusual nature are presented as warrant articles in their
first year, but once approved, become part of the operating budget in
subsequent years. This was the case with
the records management and video streaming warrant articles in 2013 (Articles 8
and 9 respectively) and would presumably be the case with the additional police
officer (Article 17) this year.
Based on the Town Budget Worksheet (see link below), the
increase between the 2013 budget and the 2014 budget (assuming all warrant
articles pass, as was the case in 2013) is as follows:
|
|
2013 Budget |
2014 Budget |
Increase |
Percentage |
|
Operating Budget |
$8,680,477 |
$9,079,898 |
$399,421 |
4.6% |
|
Warrant articles |
$368,800 |
$894,736 |
$525,936 |
142.6% |
|
Total |
$9,049,277 |
$9,974,634 |
$925,357 |
10.2% |
|
Less: from reserve |
|
($215,000) |
|
|
|
Total from 2014 taxes |
$9,049,277 |
$9,759,634 |
$710,357 |
7.8% |
All warrant
articles passed in 2013. The 2014 total
assumes that all warrant articles pass in 2014.
To be fair, the warrant article total (the Town Budget Worksheet breaks
out the warrant articles in the Capital Reserves and Expendable Trust
categories as well) should be reduced by $215,000, which is the amount of
Warrant Articles 10 and 16, the trucks which are to be funded from the Highway
Equipment Capital Reserve rather than taxes (although the money was taxed when
put into the Reserve). Even with this
reduction, the increase is over $700,000, or 7.8 percent.
Links
Deliberative
Session notes of the discussion regarding this warrant article: Click
here.
Video of the
Deliberative Session discussion of this warrant article: Click
here.
Town Minutes
of the Deliberative Session: Click
here (pages 16-19).
Rye Civic
League Budget Presentation: Click
here.
Town Budget
Worksheet: Click
here.
Notes of the
October 30, 2013 all-day Board of Selectmen meeting on the budget: Click
here.
Video of the
above: Click
here.
Town minutes
of the above: Click
here.
Notes of the
November 14, 2013 all-day Budget Committee meeting on the budget: Click
here.
Video of the
above: Click
here.
Town minutes
of the above: Click
here.
ARTICLE
23: BEACH PERMITTING ORDINANCE
Text of warrant article
To see if the Town will vote to amend the BEACH ORDINANCE as proposed by the Beach Use Ordinance Committee by adding new Section 13, as follows:
13. Beach Permits
a) The purpose of the Beach Permit program outlined herein shall be to allow management of the time, location, impact and intensity of commercial beach activities to facilitate the safe, enjoyable, and accessible use of public beach resources by all beach users.
b) Any person or entity
proposing to conduct a group (more than two people, including the instructor)
lesson, event or other activity at the
beaches designated in section 13 d, if for a fee or other compensation, or any
entity proposing to rent beach equipment as designated in
section 13 e for use at beaches in the Town of Rye, shall first obtain approval of the Board of Selectmen.
c) For the purposes of this section, the word “entity” refers to businesses, whether corporations, partnerships or proprietorships; and organizations such as non-profit corporations, religious institutions and educational institutions.
d) This section shall apply to beach activities, whether in the ocean or on land, in the following beach areas:
1. Wallis Road Extension – the area between Wallis Sands State Park and Concord Point;
2. Foss Beach – the area starting to the east of Washington Road and extending to the Rye Harbor State Park.
3. Cable Road Extension – the area between the inside sand beach corner of Lockes Neck to Jenness Beach State Park;
4. Brown Cottages Beach – the area between Jenness Beach State Park on the north, southerly to the Eel Pond outlet pipes;
5. Sawyers Beach – the area starting at the Eel Pond outlet pipes and extending south to the end of the sand beach just south of the Beach Club parking lot;
6. Philbrick’s Beach – the area from the east of South Road, southerly to the Rye Ledges;
7. Farragut Beach – the sand beach east of the intersection of Central Road and Ocean Boulevard;
8. Bass Beach – the area from the Bass Beach cottages southerly to the North Hampton Town line; and
9. Seavey Bridge – the beach/boat landing area on the northwest corner of the Seavey Bridge on Pioneer Road, west of Odiorne Point State Park.
e) “Designated Beach Equipment” shall mean: surfboards, paddle boards, kayaks, or other equipment as designated by the Board of Selectmen.
f) Instructors and leaders of lessons, events or activities subject to the provisions herein shall be certified to perform cardiopulmonary resuscitation (“CPR”), unless waived by the Board of Selectmen. Such instructors or leaders shall be deemed “CPR qualified” for the purposes of this ordinance.
g) Applications for Beach Permits shall be filed with the Board of Selectmen on forms provided by the Town at least thirty days prior to the event or proposed initiation of activities.
h) For Beach Permits for activities utilizing Designated Beach Equipment, initial permits for applicants that used Rye beaches in 2013 shall be issued for an initial two year period by the Board of Selectmen for 2014 and 2015 if the frequency, magnitude and impact of activity proposed are at most equivalent to that which occurred in 2013. Such applications and/or permits issued annually in subsequent years, or for those without a history of activity in 2013, shall reflect a frequency, magnitude, location and impact that assures that the purpose outlined in section 13 a) is met.
i) Activities permitted in the immediately prior year that were compliant with permit requirements and that continue to meet the purpose outlined in Section 13 a) shall have priority with respect to the size, location and time of approved activities over applications for new activities if an application for such prior activities is submitted prior to April 1 of the following year.
j) All applications for Beach
Permits shall be accompanied by a signed “Release and Indemnification” form
provided by the Town and a certificate of insurance from
an insurance company authorized to do business in the State of New Hampshire designating the Town of Rye as an
additional named insured in the amount of at least $1,000,000.
k) All applications for Beach
Permits involving the use of Designated Beach Equipment shall include a “Certification of Participant Release” on a form provided by the
town and signed by the Applicant committing the Applicant to
obtaining from each individual participant a signed “Release of Town of Rye by
Participants” form to be provided by the Town, to
be retained by the applicant for a period of at least one year after the date
of the lesson, rental or event, and to be
provided to the Town of Rye upon demand within that time.
l) Permits issued for the rental of Designated Beach Equipment, and for lessons involving groups of three or four, including the instructor, shall require proof of insurance and signed Certification of Participant Release and Release of Town of Rye by Participants forms, but shall not stipulate the frequency, magnitude and location of these activities.
m) Fines – Failure to obtain a
Beach Permit for a lesson, event or activity subject to the provisions of this
ordinance or to otherwise comply with this ordinance shall
be a violation subject to a fine of $50. Each noncompliant
lesson, event or other activity shall be considered a separate violation.
Failure to obtain a Beach Permit for the
rental of Designated Beach Equipment shall subject the violator to a fine of
$50 per violation. Each individual rental transaction shall be considered a
separate transaction. A second violation in any calendar year
shall result in a fine to the business or event coordinator of $50 for each
participant in the lessons or event.
n) Should any section,
requirement or provision of this ordinance be held to be invalid or
unconstitutional by any court or authority
of competent jurisdiction, such holding shall not affect, impair or invalidate
any other section requirement or provision of this
ordinance, and to such end all sections and provisions of this ordinance are
declared to be severable.
o) If a permit is denied, the
Selectmen shall state the reasons for denial, in writing, and such denial will
appear in the minutes of the Board of Selectmen’s meeting.
Background and explanation
The ordinance, with only the minor
addition of subsection (o) being added at the Deliberative Session, has a
number of provisions.
1.
It applies to all entities charging a fee, whether they be individuals, businesses, non-profit entities or religious
or educational institutions.
2.
It applies on the beach and in the water at essentially all town
beaches, with minor omissions.
3.
It requires CPR certification, releases and proof of insurance.
4.
It regulates not only lessons and events, but any rentals of surfboards,
paddleboards. kayaks or other equipment designated by
the Board of Selectmen for use on Rye beaches, independent of where the rental
transaction occurs.
5.
It applies to all groups of three or more, including the instructor,
except that groups of three or four require only an overall permit, not one
specifying the frequency, magnitude and location.
6.
Entities that conducted business on Rye beaches during 2013 are
grandfathered for 2014 and 2015 if the frequency, magnitude and impact is no
greater that that in 2013. However,
after then, and immediately for new entities or entities seeking to increase
their activities, permits are issued at the discretion of the Board of
Selectmen, subject only to a requirement that the granting of a permit must be
such that the frequency, magnitude, location and impact are consistent with the
purpose of ensuring safe, enjoyable and accessible use of the beach by all.
7.
Entities reapplying for a permit in a subsequent year have priority
over other applicants for the same size, location and time if they apply by
April 1, but there is no assurance that a permit will be issued to any entity
unless the grandfathering provision above applies.
8.
Fines are $50 per event, lesson or individual rental transaction,
however after the first offense the fine increases to $50 per participant in a
lesson or event.
In 2013, Warrant Article 15, which was to have required a permit from
the Board of Selectmen for certain business activities and events on town
beaches, including surf camps, surf lessons and surfboard rentals, was amended
at the Deliberative Session to require only that the Board of Selectmen and the
Beach Commission study the issue. The
amended article passed 590-487. In
response, the Beach Use Ordinance Committee (“BUC”) was formed. The Committee had its first meeting on May
30, 2013, and its last meeting on January 6, 2014.
Members
of the BUC included Selectmen Mills and Musselman, Chairman of the Beach
Commission Mike LaBrie, Chairman of the Planning Board Bill Epperson, residents
Tom Farrelly, Katy Sherman, Del Record and Tyler McGill. Mr. McGill is co-owner of Summer Sessions, a
surf shop and provider of surf lessons and surfboard rentals near Jenness
Beach. Mr. Farrelly is head of an informal group known as Save Jenness Beach, which
generally favors greater enforcement of existing laws and ordinance on the
beach, and restrictions on commercial activity.
Ms. Sherman is generally in favor of greater restrictions, as are the
two Selectmen, the Chairman of the Beach Commission and the Chairman of the
Planning Board. Only Messrs. Record and
McGill were generally opposed to restrictions on surfing and commercial
activity on the beach. Police Chief
Kevin Walsh and Fire Chief Skip Sullivan attended most meetings as non-voting
members.
The BUC voted at its second meeting,
on June 13, 2013, to require permits from the Board of Selectmen for
organizations making use on town beaches, or renting equipment that was to be
used there. The proposed ordinance went
through a number of iterations at the generally monthly BUC meetings.
Warrant
Article 15 required a public hearing prior to any legislation, and also
required a public hearing to present the findings of the study. While initial meetings were generally work
sessions without significant public input permitted, the required public
hearing on October 9, 2013 proved to be well-attended and contentious. A number of residents expressed concern that
the BUC had not adequately studied the impact of activities on the beach, as
required by the warrant article, prior to determining that permitting was
required. Others expressed concerns
about the lack of criteria for granting or denying permits. Still others felt that the activities on the
beach were out of control and required regulation.
Both sides apparently recognized
that the voters might not support their position. Thus, at the next BUC meeting, on November
20, 2013, Mr. McGill suggested a compromise whereby existing commercial
providers on the beach would be grandfathered at their current scope, and would
have their permits renewed as long as they were in compliance with the permit
conditions and no further warrant article regulating those activities was
passed. The motion to approve that
compromise carried unanimously.
At the following meeting, on
December 12, 2013, the new draft ordinance provided for only one year of
grandfathering, an issue that was not part of the motion agreed to at the prior
meeting. Mr. McGill again raised the
issue of the lack of criteria for issuance or denial of a permit, but
ultimately a compromise was reached, on the grandfathering issue only,
providing for grandfathering at current levels in 2014 and 2015.
At the final meeting on January 6,
2014 meeting, Mr. McGill’s attempt to add a denial clause restricting the
reasons for which the Board of Selectmen could refuse to issue a permit failed
to carry. Mr. Record’s motion to have the Committee assemble the supporting data
and present it at a public hearing also failed to carry.
At the Deliberative Session, Mr.
McGill’s motion to amend the warrant article to add a denial clause also failed
to gain a majority.
Links
Deliberative
Session notes of the discussion regarding this warrant article: Click
here.
Video of the
Deliberative Session discussion of this warrant article: Click
here (part 1).
Video of the
Deliberative Session discussion of this warrant article: Click
here (part 2).
Town Minutes
of the Deliberative Session: Click
here (pages 19-26).
Article 15 from the 2013 Town Election:
Click here.
Beach Use Ordinance Committee meetings
Notes of the
initial May 30, 2013 Beach Use
Ordinance Committee meeting: Click here.
Town minutes
of the above: Click
here.
Notes of June 13, 2013 Beach Use Ordinance
Committee meeting: Click here.
Video of the
above: Click
here.
Town minutes
of the above: Click
here.
Notes of July 2, 2013 Beach Use Ordinance
Committee meeting: Click here.
Video of the
above: Click
here.
Presentation
by Joshua Carroll at the above
meeting: Click
here (conclusion is on page 59).
Town minutes
of the above: Click
here.
Notes of the July 24, 2013 Beach Use Ordinance
Committee meeting: Click here***PAC
provided document, insert link.
Video of the
above: Click
here.
Town minutes
of the above: Click
here.
Notes of the August 28, 2013 Beach Use Ordinance
Committee meeting: Click here
Video of the
above: Click
here.
Town minutes
of the above: Click
here.
Notes of the September 18, 2013 Beach Use Ordinance
Committee meeting: Click here.
Video of the
above: Click
here.
Town minutes
of the above: Click
here.
RCL background
and links to BUC documents for October 9, 2013 hearing: Click
here.
Notes of the October 9, 2013 Beach Use Ordinance
Committee public hearing: Click here.
Town minutes
of the above: Click
here.
Notes of the November 20, 2013 Beach Use Ordinance
Committee meeting: Click here.
Video of the above: Click
here.
Town minutes
of the above: Click
here.
Notes of the December 12, 2013 Beach Use Ordinance
Committee meeting: Click here.
Video of the
above: Click
here.
Motion made at
the above meeting by Del Record: Click
here.
Town minutes
of the above: Click
here.
Notes of the January 6, 2014 Beach Use Ordinance
Committee meeting: Click here.
Town minutes
of the above: Click
here.
Other
Data compiled
by Katy Sherman regarding commercial
beach use practices of other towns: Click
here.
Notes of June
24, 2013 Board of Selectmen attended by many residents regarding beach
concerns: Click here
Video of the
above: Click
here.
Notes of July
9, 2013 meeting with Senator Stiles regarding beach issues: Click
here.
Town minutes
of the above: Click
here.
Notes of
September 24, 2013 meeting with Senator Stiles regarding beach issues: Click
here.
Town minutes
of the above: Click
here.
ARTICLE 24: SMOKE FREE BEACHES
Text of
warrant article
(By
Petition) Shall the Town of
Rye adopt a non-binding resolution declaring all town beaches
as Smoke-Free Zones? Estimated cost:
$25.00/sign, 10-15 signs +/-
This
article is recommended by the Selectmen. (3-0)
This
article is recommended by the Budget Committee. (9-0)
Background and explanation
This warrant article was
proposed by Isabella Hillman, a seventh grader at Rye Junior High School who
presented a substantial amount of data on the hazards of smoking and of
cigarette litter on beaches.
Links
Deliberative
Session notes of the discussion regarding this warrant article: Click
here.
Video of the
Deliberative Session discussion of this warrant article: Click
here.
Town Minutes
of the Deliberative Session: Click
here (pages 18-19).
ARTICLE
25: BAN ON COMMERCIAL BEACH ACTIVITIES
EXCEPT OCEAN-BORNE
Text
of warrant article
(By Petition) If Article 23
does not pass, shall the Town of Rye, NH consider preserving
public beach access by allowing only
ocean borne commercial activities such as surf, kayak and stand up
paddle board lessons and camps
banning all other commercial uses of the beach?
Background and explanation
This petitiioned warrant
article was presented by Lori Carbajal, a Town resident. As originally presented, it provided for a
ban on all commercial activities on the beach, however it was amended at the
Deliberative Session to condition the ban on Article 23 failing to pass. After multiple attempts to amend it further
failed, it was amended to turn the outright ban into a measure asking only that
the Town consider banning commercial activities that are not ocean borne.
Links
Deliberative
Session notes of the discussion regarding this warrant article: Click
here.
Video of the
Deliberative Session discussion of this warrant article: Click
here.
Town Minutes
of the Deliberative Session: Click
here (pages 26-27).
ARTICLE
26: BAN COMMERCIAL BEACH ACTIVITIES AT
PEAK TIMES
Text of
warrant article
(By Petition) If Article 23
does not pass and Article 25 does not pass, to protect public access
on Town beaches, shall the Town of
Rye consider prohibiting commercial activity on Town beaches from Memorial
Day through Labor Day, Mondays
through Friday, between the hours of 10:00 am and 5:00 pm and at all times
on the weekends and holidays?
A “YES’ vote directs the Selectmen to consider submitting a
subsequent warrant article prohibiting commercial activity on Town beaches from Memorial Day through Labor
Day between the hours of 10:00 am and 5:00 pm Monday through Friday and at any time on the weekends and
holidays.
Background and explanation
This petitioned warrant
article was presented Keith Evelund, who is the father of Katy Sherman, who
served on the Beach Use Ordinance Committee.
As originally presented, it provided for a ban on all commercial
activities, both ocean-borne and not, during the indicated times. It was amended at the Deliberative Session to
condition it upon both Articles 23 and 25 failing, and to require only that the
Selectmen consider presenting a subsequent warrant article.
Links
Deliberative
Session notes of the discussion regarding this warrant article: Click
here.
Video of the
Deliberative Session discussion of this warrant article: Click
here.
Town Minutes
of the Deliberative Session: Click
here (pages 28-30).
ARTICLE 27: SALE OF
SURPLUS TOWN EQUIPMENT
Text of
warrant article
To see if the Town will vote to authorize the Selectmen to sell
to the highest bidder at public auction, or sealed bid, such surplus Town equipment as is not
traded in on new equipment in 2014.
Background and explanation
This is a standard
warrant article that appears on the warrant every year and permits the
Selectmen to sell surplus equipment without further action by the Town.
Links
Deliberative
Session notes of the discussion regarding this warrant article: Click
here.
Video of the
Deliberative Session discussion of this warrant article: Click
here.
Town Minutes
of the Deliberative Session: Click
here (page 30).