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.

2.    The front end loader bids came in above the $175,000 appropriated by the warrant article, the Town is working to reduce the scope.

3.    Five member advisory Beach Committee appointed, with Beach Commission to be moribund in the coming year.

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.

 

Abatements (19:03 elapsed)

 

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.