NOTES OF APRIL 14, 2014 RYE BOARD OF SELECTMEN MEETING
Final Revision B – Provided by the Rye Civic League
Present: Selectmen Mills. Musselman and Jenness. Also present: Michael Magnant.
Persons present from the public included Peter Crawford, Victor Azzi, Cecilia Azzi, Lori Carbajal, Keper Connell, Mike LaBrie, Mae Bradshaw.
Editor’s
note: For ease in finding particular
sections using the archived video and audio on the Town website, the elapsed
time is indicated. Use the slider and
the elapsed time indicated at the bottom of the video window to fast forward to
the desired section. Videos on the Town website may currently be accessed
at www.town.rye.nh.us by clicking on
“Town Hall Streaming” at the bottom left of the screen. Follow the link for “Town Hall Live
Streaming,” then find the meeting by date under “Previous.”
The video begins
at 6:00:56 p.m. (0:00 elapsed), but at approximately 0:40 elapsed it jumps to
6:37:20 p.m., following the non-public session.
Summary
1.
Several abatements, some
substantial, were approved.
4. Mae Bradshaw appointed as Historic District Commission
representative to the Town Hall Committee.
Non-public session, acquisition of land by Heiseys (0:00 elapsed)
As the meeting was
called to order, John and Toby Heisey were observed to be present. Editor’s
note: See the notes of the March 24,
2014 meeting. The Heiseys are seeking to
purchase town-owned land adjacent to their property near Harbor Rd. and Mill
Ln. At that meeting, the possibility of
a non-public session was discussed.
Award to Frank Drake (0:40 elapsed)
Frank Drake received an
award for his time serving on the Zoning Board of Adjustment. He did not run in this last election.
Approval of Minutes (4:48 elapsed)
The minutes of the
March 10, 2014 meeting were approved with minor changes. The minutes of the non-public session of the
same date were also approved, with a correction made of an incorrect date
relating to the unsealing of minutes.
The minutes of the March 20, 2014 meeting were approved with Selectman
Jenness abstaining as she had not been there.
The minutes of the March 24, 2014 meeting were approved without changes,
Selectman Jenness abstaining as she had not been there. The minutes of the March 27, 2014 meeting
were approved without changes.
Discretionary easement, property of James Philbrick, Map 12, Lot 15
(9:33 elapsed)
Town Assessor David
Hynes noted that the property was not qualified for current use status due to a
gap between parcels. A discretionary
easement was another way to achieve the same effect, he said. There was discussion about adjacent
conservation land. Mr. Hynes explained
that a discretionary easement could be for a minimum of 10 years, the maximum
being a perpetual easement. All were in
favor of approving the concept. A form
for the DRA was passed around and signed.
1.
Paul Sinclair Realty, 51 South Rd., Map 002, Lot
041. Granted as proposed (reduction in
value from $1,314,500 to $1,035,900).
2.
Elizabeth Hurley Rev. Trust, Harbor Rd., Map 022, Lot
001. Granted as proposed (reduction in
value from $1,193,600 to $1,005,300).
3.
Edward & Louise Deschamps, 161 Harbor Rd., Map
9.2, Lot 023. Granted as proposed
(reduction in value from $1,172,200 to $925,300).
4.
O’Brien Living Trust, 630 Washington Rd., Map 11, Lot
078. Granted as proposed (reduction in
value from $404,800 to $385,300).
5.
Sean Clarke, 64 Wallis Rd., Map 173, Lot 15, Block
1. Tabled after issues arose about
incorrect valuation of condos under construction, confusion about attribution
of land value to condos.
6.
James Holland, 1035 Ocean Blvd. #11, Map 202, Lot 001,
Block 11. Granted as proposed (reduction
in value from $1,094,900 to $812,600).
Tuttle lot un-merger (53:10 elapsed)
Town Administrator
Magnant reported that the Town Attorney had issued an opinion that there could
be no un-merger as the prior owner had voluntarily merged the lots. It was decided that the owner would be given
an opportunity for rebuttal.
Recreation Turf Management contract (56:25 elapsed)
Recreation Director Lee
Arthur reported that Outdoor Pride was the low bidder at $8925. The contract award was approved.
Diesel fuel for Seacoast Fire Association (59:45 elapsed)
Fire Chief Skip
Sullivan reported that this group would like to purchase 20-30 gallons per
month in Rye. The discussion then led to
other groups not directly part of the town that purchase fuel. Public Works Director Dennis McCarthy
reported that the Cemetery and Senior Serve do so. Selectman Musselman interjected “not Joe
Mills?” Mr. McCarthy reported that he
parks by the pump but does not obtain fuel.
All were in favor of granting the request of the Fire Association.
Public Works bid results (62:30 elapsed)
The bid results for
crack sealing and striping were discussed.
Mr. McCarthy passed out information regarding the front end loader bid
results. The price is greater than the
amount of the funding. Editor’s note: 2014 Warrant Article 9 provided
$175,000. Mr. McCarthy reported that
the low bid was $186,000 but it should be possible to reduce the amount by
reducing the horsepower and eliminating some hydraulics.
EPA MS4 Annual Report (67:13 elapsed)
Mr. McCarthy reported
that the existing six year permit is in its eleventh year. There was discussion about providing for this
in the 2015 budget.
Health care consolidation with SAU 50 (70:37 elapsed)
Mr. Magnant reported
that it did not appear that this would work.
The school would be subsidizing the Town due to the latter’s poor
experiential rating.
Assessing contract (72:27 elapsed)
It was explained that
there is a difference in this year’s contract as Mr. Hynes will be doing all of
the pick ups, rather than a separate firm.
All were in favor of approving, although some changes to the termination
provision were suggested.
Emergency notification system, cell service and water main replacement
(76:45 elapsed)
Police Chief Walsh
discussed this system, which will allow voice, text or e-mail notification of
natural disasters. There may be an
ability to blast messages from cell towers to those at the beach, even those
that are not residents.
There was then
discussion about switching the Police cell phone service to Verizon as there
had been problems with dropped calls with the existing carrier. This led to a discussion about cell service
in town and the fact that the Grove Rd. tower is actually a very good site able
to pick up calls from Cape Ann.
The discussion then
turned to the ongoing water main replacements.
Chief Walsh stated that the contractor is doing a poor job. There was then discussion about getting the
State DOT to intervene. Editor’s note: The water main replacements are predominantly
on Ocean Blvd., which is a State road.
Cycle the Seacoast event permit and Seacoast Half Marathon, both May 4
(91:57 elapsed)
There was discussion
about interference between the two events and the numbers of participants. Ultimately, all were in favor of approving
both.
Isabella Hillman regarding smoke-free beaches implementation (103:45
elapsed)
Editor’s note: Ms. Hillman is a
seventh grader at Rye Junior High School.
She proposed 2014 Warrant Article 24 to encourage, on a non-binding
basis, no smoking on Town beaches. It
passed 1193-471. Ms. Hillman
reported that Portsmouth Regional Hospital will be helping with the signs, as
well as the National Surfrider Foundation.
Mr. McCarthy reported that he had heard about a request for cigarette
butt receptacles. He had not understood
that to be part of the program. It was
agreed that this would be delayed a year as there could be problems with
smokers gathered around the receptacles to smoke. Steve Hillman reported that NHDES had awarded
Isabella a vision award for her work.
Cow path abutting Hollie Fremeau’s property (112:11 elapsed)
Mr. Magnant reported
that he does not believe that the Town owns this.
Beach Committee/Commission appointments (113:15
elapsed)
Selectman Musselman enumerated five
applicants for the Commission: Keper
Connell, Lori Carbajal, Larry Rocha, Steve Hillman and Colin Drake. Editor’s
note: Mike LaBrie had originally
intended to leave the Commission when his term was up in 2013, however he
agreed to remain for one year to serve on the Beach Use Ordinance
Committee. Ed Mallen’s term expired in
2014, and Peter Kane’s term expires in 2015.
Thus, there are two positions open this year. Selectman Musselman noted that the enabling
legislation had set up the Beach Commission to manage a Beach Supervisor,
however the Town has not had one. Editor’s note: See 1999 Warrant Article 25. Selectman Musselman noted that the Town
has morphed from having the Beach Commission manage the lifeguards to having
the Fire Department manage the lifeguards.
Steve Hillman offered to concede his seat
because his application was late.
Selectman Musselman noted a problem with the
right-to-know law, as with a three person commission none of the members can
talk with each other on an issue of substance. With five members, any two can
talk.
There was extensive discussion about the
current process of managing the lifeguards and the role of the Beach
Commission.
Keper Connell spoke, stating that he had
been a commercial fisherman out of Rye Harbor the last 10-11 years. He is a surfer and a diver. He grew up here and at the beach club and
knows every point along the ocean. The
issues go beyond the hiring of lifeguards.
He enumerated ideas that he had for sources of revenue and for
addressing parking issues
Selectman Musselman expressed concern about
multiple people interacting with the lifeguards. The Beach Commission should focus on
policies, including a possible subsequent warrant article.
There was then discussion about there being
more applicants than positions. Victor
Azzi, speaking from the audience, suggested that, if there are five qualified
people, all five be appointed. Selectman
Mills noted that there were only three slots on the Beach Commission. Selectman Musselman suggested that it could
be a Beach Committee. Lori Carbajal
suggested that there be three commissioners plus two alternates. There was then discussion about the Beach
Commission becoming moribund. Mike
LaBrie stated that he did not believe Peter Kane would be upset by that.
The five applicants were then all appointed
to a Beach Commission, which would advise the Fire Department, consider beach
policies and provide recommendations to the Board of Selectmen later in the
year. There would be a written charge.
Heritage Commission appointments (151:12 elapsed)
Mae Bradshaw explained
that Peter White was resigning as a regular member and seeking appointment as
an alternate because of an issue relating to the Demolition Review
Committee. Ms. Bradshaw was reappointed
to a three year term, Jane Holway was appointed to a two year term replacing
Mr. White, Alex Herlihy was appointed to a three year term as an alternate and
Peter White to a two year term as an alternate.
All were in favor, except that Selectman Mills opposed the appointment
of Alex Herlihy as an alternate.
Town Hall Committee appointment (155:43
elapsed)
There was discussion
regarding a representative from the Historic District Commission on the Town
Hall Committee. Editor’s note: Paula Merritt was
the prior representative, however she has moved out of town. Selectman Musselman stated that the Town Hall
Committee would need to go before that Committee for approval. If there is a representative from the HDC,
that person will need to recuse himself or herself. Alternatively, the HDC could send a
non-voting member to the Town Hall Committee.
Mae Bradshaw indicated
that HDC approval was not necessary. She
stated that Selectman Mills is also on the HDC and that he would also need to
recuse himself. Selectman Musselman
disagreed, stating that Selectman Mills is not on the Town Hall Committee. Mae Bradshaw stated that the HDC would like
representation on the Town Hall Committee.
HDC Chairman Phil Winslow had seen her as the right person, she
said.
Victor Azzi stated that
there is a tradeoff between continuous regular input and recusal. He indicated that more would be obtained from
the regular input that would be lost from recusal. Editor’s
note: Mr. Azzi is Chairman of the Town
Hall Committee.
Selectman Mills asked
about Ed Hayes. Editor’s note: Mr. Hayes had
offered his services in 2013. Mr. Hayes
is a principal of Ricci Lumber in Portsmouth and is involved as one of the
principals of the entity that acquired the former Rand Lumber parcel and is
seeking to develop it as a Retirement Community Development and to sell the
back portion to the Town through the Conservation Commission.
Selectman Musselman indicated that he had
two concerns. He referred to
negotiations regarding the sale of property to the Town, and Mr. Hayes’
connection with a building supply business.
He would need to know that that supplier would not be involved. Selectman Jenness stated that she had a
different objection. It was too late to
bring someone new in. Ms. Bradshaw has
been at the meetings. That has been
valuable.
Selectman Mills
emphasized the advantage of someone involved in the building trade compared to
an attorney.
Selectman Musselman
moved to appoint Mae Bradshaw to the Town Hall Committee with the understanding
that she would need to recuse herself when the matter comes before the
HDC. Selectmen Musselman and Jenness
were in favor, Selectman Mills was opposed.
Consent calendar and facilities use policy (168:13 elapsed)
Selectman Musselman
referred to a consent calendar that he had proposed. He stated that letters would need to arrive
prior to 3:00 p.m. to be included on the calendar.
There was further
discussion about the facilities use policy.
After Victor Azzi asked whether the Library had received a copy and Mr.
Magnant could not answer, it was agreed that a decision on the policy would be
postponed to see if additional input can be obtained.
Adopt a Graveyard program, Senator Stiles session and sewer extension
(173:09 elapsed)
Selectman Jenness
stated that how a right of way is obtained to access a grave site is laid out
in the RSAs. Selectman Musselman noted
that permission from the owner is needed.
That’s fine, but he heard something different last time. All were in favor of the policy.
It was stated that
Senator Stiles would like to meet with the working group on beach issues on
Tuesday, April 29 at 6:30 p.m.
Fire Chief Sullivan
stated that the sewer extension to Foyes Corner would be starting soon. It will be a low pressure force main. A stub will be provided for each house.
Non-public session
Whereupon the Board went into non-public
session for personnal, reputation and collective bargaining at approximately
9:36 p.m.