RYE 2014 ELECTION: BACKGROUND ON
WARRANT ARTICLES 7-11
Final
Revision D -- Provided by the Rye Civic League
Quick links
ARTICLE 7: CONSERVATION BOND ($3,000,000)
Text of
warrant article
To see if the Town will vote to raise and appropriate up to the
sum of three million dollars ($3,000,000) to be placed in the Conservation Land Acquisition
Fund for the acquisition of conservation easements or open space lands by the Town, all for the
permanent protection of appropriate underdeveloped
land in the Town of Rye, and to
authorize the Conservation Commission and Selectmen to act on behalf of the
town in connection with such
acquisition of conservation easements or open space lands (subject to the
hearing and procedural requirements
of NH RSA Chapter 36-A) and to further authorize the issuance of not
more than three million dollars
($3,000,000) of bonds and/or notes in accordance with the provisions of the
Municipal Finance Act, NH RSA Chapter
33 as amended, and to authorize the Selectmen to issue and
negotiate such bonds and/or notes and
to determine the rates of interest thereon? (3/5 ballot vote required.)
This
article is recommended by the Selectmen (3-0)
This
article is recommended by the Budget Committee (8-0)
Background and explanation
In 2003, the voters
approved a $5 million bond issue for the purchase of conservation land and
easements. Those funds were exhausted in
2012 with the purchase of an easement on the Lium property on Washington Rd.
for $725,000, however principal repayments and interest on the bonds will
continue through 2020.
In 2013, the former Rand Lumber parcel on Wallis Rd. was
sold. The developer is seeking to
develop the front portion and sell the back portion for conservation, at a
reported price of $1.2 to $1.5 million.
Conservation Commission Chairman Jim Raynes has stated that there are a
total of 3-4 parcels that may require the investment of conservation funds over
the next few years. If the bond passes,
under New Hampshire law, the Conservation Commission would approve any land or
easement purchases following a public hearing, and the approval of the Board of
Selectmen would also be required.
Initially, Selectmen Musselman preferred that the voters individually
approve each acquisition at the annual Town meeting, and Selectman Mills was
undecided. However, once a process was
agreed to at the January 6, 2014 Board of Selectmen meeting, the Selectmen
voted unanimously to recommend the warrant article. An attempt to amend this warrant article at
the Deliberative Session to require the Board of Selectmen to follow their own
procedure, and to require an appraisal for each property, was defeated.
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.
Presentation
by Tracy Degnan at the Deliberative Session:
Click
here.
Town Minutes
of the Deliberative Session: Click
here (pages 3-5).
Notes of
January 6, 2014 Board of Selectmen meeting approving the process: Click
here.
Conservation
Land Acquisition Approval Process agreed to at January 6, 2014 meeting: Click
here.
Video of the
above: Click
here (entire meeting)
Town minutes
of the January 6, 2014 Board of Selectmen meeting: Click
here (entire meeting).
Notes of
discussion regarding Conservation Warrant Article at December 9, 2013 Selectmen’s
meeting: Click
here.
Video of the
above Click
here (at 132:00 elapsed. See in
particular 156:44 where $1.5 million is mentioned)
Town minutes
of the above: Click
here (pages 12-14).
Notes of
discussion at December 12, 2013 Budget Committee meeting: Click
here.
Video of the
above: Click
here (at 73:44 elapsed).
Town minutes
of the above: Click
here (pages 3-5).
Notes of
further discussion at December 23, 2013 BOS meeting: Click
here (no video available).
Town minutes
of the above: Click
here (pages 1-4).
Video of the
Budget Committee approving at Jan. 16, 2014 meeting: Click
here (5:51 elapsed)
ARTICLE 8: TOWN HALL DESIGN ($250,000)
Text of
warrant article
To see if the Town will vote to raise and appropriate the sum of
two hundred fifty thousand dollars ($250,000) for the purpose of completing the design
process, including Schematic Design, Design Development, the preparation of Construction Documents
(including drawings and specifications) and the solicitation and analysis of competing construction bids
from pre-qualified general contractors for the purposes
of renovating the Town Hall 1839
building and building separate, connected new Town Hall office space. This
project is under the direction of the
Board of Selectmen with the advice and concurrence of the Town Hall
Building Committee. This
appropriation is in addition to the operating budget. (Majority vote required.)
This
article is recommended by the Selectmen (3-0)
This
article is recommended by the Budget Committee (9-0)
Background
and explanation
In 2011, the voters approved by a
vote of 610-455, Warrant Article 14 for a structural analysis of Town Hall and
a space needs study. In late 2012, AG
Architects, the firm hired to perform the work presented a sample design which
showed a brick building connected to the existing white clapboard Town
Hall. The sample design purported to
fulfill the Town’s space need of 15,090 sq. ft., including the existing Town
Hall of 6,168 sq. ft. Despite
recommendations by the Selectmen and the Budget Committee, there was general
opposition to the size and appearance of the building, and in 2012, the voters
rejected Warrant Article 10 (by a vote of 484-830), which would have proceeded
with the Design Development phase of the project. Petitioned Warrant Article 27, which required
a broader look at the options and an investigation of the square feet per
employee of other towns passed 1070-268.
During 2012, a Space Needs Committee
was formed by the Selectmen. It included
a number of Town residents. That
Committee determined that a reduced space need of 10,500 sq. ft., plus or minus
ten percent, would suffice. In 2013, the
voters approved Warrant Article 4 by a vote of 699-384 which provided $60,000
for the retention of an architect to produce schematic designs for two options: An additional, separate building on the Town
Hall site, and an extension to the existing building that would add a maximum
of 1/3 to the existing length.
SMP Architecture was retained to
provide the schematic designs and a Town Hall Committee was formed to oversee
the process. SMP suggested a design with
a second building located approximately 20 feet from the existing one, but
connected at ground level with a corridor buried underground below a plaza
above. The plaza would provide access to
the second floor of both the new and old buildings from the adjoining parking
lot of the Congregational Church, which is owned by the Town. The first floor of both buildings would be
accessible from the existing parking lot.
As required by 2013 Warrant Article 4, the Great Hall (Meeting Hall) on
the second floor of the existing Town Hall, which is currently partitioned into
individual offices, would be restored to its prior state for use by large
assemblies. The curvilinear staircases
at the entry to the building would also be restored. SMP determined, and the Town Hall Committee
agreed, that the single building option was not feasible within the constraint
permitted, given the space needs of the Town.
The current schematic design
provides for 12,700 sq. ft., however the design and square footage are subject
to further change as the project proceeds.
This schematic design has been scaled back somewhat since the November
7, 2013 presentation to the public, where concern was expressed with regard to
the size. The $250,000 requested in this
Article will complete the design and allow bids to be obtained, such that the
Town would be in a position to vote up or down a firm price for construction in
March 2015.
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 5-6).
One page
project summary and Concept Video played at Deliberative Session: Click
here.
Town Hall
presentation video: Click here.
Town Hall
Facebook page: Click here.
Document
relating to the upstairs Meeting Room, or Great Hall: Click
here.
Video of Town
Hall Committee Meeting, January 10, 2014:
Click
here.
Town minutes
of Town Hall Committee meeting, December 19, 2013: Click
here.
Notes of Town
Hall Committee meeting, November 19, 2013:
Click here.
Video of
above: Click
here.
Town minutes
of above: Click
here.
Notes of Town
Hall Committee Public Discussion, November 7, 2013: Click
here.
Town minutes
of above: Click
here.
ARTICLE 9: FRONT END LOADER ($175,000), FIRST YEAR
COST: $45,000
Text of
warrant article
To see if the Town will vote to authorize the Selectmen to enter
into a three year lease/purchase agreement for one hundred seventy-five thousand dollars
($175,000) for the purpose of leasing to purchase a
front end loader for the Public Works
Department and to raise and appropriate the sum of forty-five thousand
dollars ($45,000) for the first
year’s payment for that purpose. This lease agreement contains an escape
clause. This appropriation is in addition to the operating budget.
(Majority vote required.)
This
article is recommended by the Selectmen (3-0)
This
article is recommended by the Budget Committee. (6-0)
Background and explanation
At the Deliberative
Session, Public Works Director Dennis McCarthy explained that this was not to
replace the existing front end loader, but rather to replace a “bucket dozer”
that had been purchased in 1986. The
latter is no longer needed due to a change in the way that they operate. Normally, this type of equipment is purchased
from funds accumulated in the Highway Equipment Capital Reserve Fund. There have been warrant articles the past few
years to add $100,000 each year to that Fund.
The voters approved both additions to the Capital Reserve, which
increased taxes in the year made, as well as withdrawals from the Fund which do
not affect taxes in the year made as the money has already been set aside. The Capital Reserve earns only nominal
interest, about .1 percent annually.
While normally, equipment
of this type is paid for out of the Capital Reserve, Warrant Articles 10 and 16
seek to withdraw $215,000 from the Capital Reserve, which has a current balance
of approximately $278,000. While Warrant
Article 19 would add another $100,000 to the Capital Reserve, passage of that
Warrant Article cannot be assured. In
any event, there would not be an extra $175,000 to pay for this equipment, thus
it must be leased. At the Deliberative
Session, Mr. McCarthy estimated that the interest rate on the lease would be
about 4 percent annually, amounting to approximately $12,000 over the life of
the lease in extra charges relative to buying the equipment using cash.
As discussed at the
Deliberative Session, the intent is that future years lease payments will be
added to the operating budget, and would not be separate warrant articles. While the lease would enable the Town to
return the equipment and get out of the lease, that is not the intent, and if
the Town wants to retain the equipment, taxes would be raised for an additional
2-3 years until the lease has ended, at which point some expenditure may be
required to purchase the equipment from the lessor.
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 6-7).
Town 2014-2019
Capital Improvement Plan (“CIP”): Click
here.
Notes of the
December 9, 2013 Board of Selectmen meeting where this was approved: Click
here.
Video of the
above meeting: Click
here (171:23 elapsed).
Town minutes
of above: Click
here (pages 14 and 15)
Notes of the
December 12, 2013 Budget Committee meeting where this was recommended: Click
here.
Video of the
above meeting: Click
here (100:38 elapsed)
Town minutes
of the above: Click
here (page 5)
ARTICLE 10: SIX-WHEEL DUMP TRUCK ($150,000)
Text of
warrant article
To see if the Town will vote to raise and appropriate the sum of
one hundred fifty thousand dollars ($150,000) to purchase a new six wheel dump truck to
replace an existing older, high mileage six wheel dump truck and to authorize the withdrawal of one hundred
fifty thousand dollars ($150,000) from the Highway
Equipment Capital Reserve Fund
created in 1994 for this purpose. This appropriation is in addition to the
operating budget. (Majority vote
required.)
This
article is recommended by the Selectmen (3-0)
This
article is recommended by the Budget Committee. (6-0)
Background and explanation
The six wheel dump trucks are used
for plowing and other uses related to Public Works. In 2013, a decision was made to defer
replacement. Now, there are two trucks
that need replacing. When the time comes
to replace the trucks later in 2014, a decision will be made as to which one
will be replaced. The trucks have only
60,000 to 70,000 miles on them, but are 16-17 years old, Public Works Director
Dennis McCarthy said (however, the CIP Plan states that the mileages are 31,662
and 25,500, respectively). The key
determinant of life is the number of winters they have gone through, according
to Mr. McCarthy.
There is $278,200 in the Highway
Equipment Capital Reserve Fund, which will be drawn down to replace this truck
and another one (see Article 16), for a total of $215,000. The $175,000 front end loader being replaced
this year (see Article 9) will need to be leased, at a $12,000 cost over the
term of the lease for interest, as there is not enough in the Capital Reserve
to pay for all three pieces of equipment.
The Capital Reserve has been added to at a rate of $100,000 annually in
recent years. Such additions increase
the tax rate in the year that the Capital Reserve is added to, but there is no
direct tax effect when the money is withdrawn.
However, withdrawals reduce the Capital Reserve balance, which will need
to be replenished if it is to be used for equipment purchases in the future.
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 7).
Town 2014-2019
Capital Improvement Plan (“CIP”): Click
here (see pages 35 and 38).
Notes of the
December 9, 2013 Board of Selectmen meeting where this was approved: Click
here.
Video of the
above meeting: Click
here (173:10 elapsed).
Town minutes of
above: Click
here (page 15)
Notes of the
December 12, 2013 Budget Committee meeting where this was recommended: Click
here.
Video of the
above meeting: Click
here (106:39 elapsed)
Town minutes
of the above: Click
here (page 6)
ARTICLE 11: WALLIS RD. BOX CULVERT REPLACMENT ($150,000)
Text of
warrant article
To see if the Town will vote to raise and appropriate the sum of
one hundred fifty thousand dollars ($150,000) for the purpose of replacing the Wallis Road
Box Culvert by public bid. Said sum to include engineering services for bidding and inspecting of the
project. This appropriation is in addition to the operating
budget. (Majority vote required.)
This
article is recommended by the Selectmen (3-0)
This
article is recommended by the Budget Committee. (9-0)
Background and explanation
This culvert is the easternmost of
two behind the Red Roof Market at the intersection of Wallis Rd. and Ocean
Boulevard. The surrounding area is the
subject of ongoing litigation between the Town and the Beliveaus, property
owners at 21 Wallis Rd., the northeast corner of Wallis Rd. and Appledore
Ave. According to admissions by the Town
of Rye in court filings, in September 1997, the Town began a multi-year salt
marsh restoration project which involved the installation of new twin box
culverts approximately 164 feet to the west of the existing culvert and the
main channel of Parsons Creek was relocated to align with the new
culverts. According to the Beliveau’s
court filing, this caused Parsons Creek to flow through their land, reducing
the available uplands upon which they could build.
In 2011, the Believeau’s were denied
a variance by the Rye Zoning Board of Adjustment to tear down three existing
structures and build a 3630 sq. ft. house.
While the Rockingham Superior Court affirmed, the New Hampshire Supreme
Court, on August 30, 2013 reversed, sending the case back to the Superior Court
for further fact finding. Meanwhile, on
August 2, 2013, the Beliveaus had filed a second case, seeking compensation for
the diminution in value of their property and requesting that the court
“[o]rder Defendant [i.e. the Town of Rye] to restore Parsons Creek and [their]
Property to its original conditions.”
Both cases remain pending.
According to information provided by
Public Works Director Dennis McCarthy at the Deliberative Session, the Town had
wanted to fill in the culvert, under which is the original watercourse flowed,
however, the State, the EPA and the Army Corps of Engineers would not permit
this, although they would permit the culvert to be replaced with one of the
same size as the existing one. Mr.
McCarthy stated that the culvert is badly deteriorated and is in need of
replacement.
In response to a question from the
audience, the Selectmen and Town Counsel denied that the ongoing litigation
would have any impact on the replacement of the culvert, but did not explain why. At the February 19, 2014 Candidates Night,
Selectman Mills acknowledged that a mediation hearing earlier that day had been
to “no avail.”
Links
New Hampshire
Supreme Court decision in the Beliveau’s zoning appeal: Click here
United States
District Court filings in the second Beliveau case seeking restoration of the
creek: Click
here
Answer of Town
of Rye in the above case: Click
here
Video of
Selectman Mills stating that the mediation was to “no avail”: Click
here (4:05 elapsed)
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 8).
Town 2014-2019
Capital Improvement Plan (“CIP”): Click
here (see page 37).
Video of the
January 13, 2014 Board of Selectmen meeting approving the culvert: Click
here (106:00 elapsed).
Town minutes
of above: Click
here (page 7)
Video of the
January 16, 2014 Budget Committee meeting recommending it: Click
here (30:21 elapsed)