NOTES OF JUNE 9, 2014 RYE BOARD OF SELECTMEN MEETING
Final Revision B – Provided by the Rye Civic League
Present: Selectmen Mills. Musselman and Jenness. Also present: Town Administrator Michael Magnant, Town Finance Director Cyndi Gillespie, Fire Chief Skip Sullivan, Police Chief Kevin Walsh (arrived late), Public Works Director Dennis McCarthy
Persons present from the public included Lori Carbajal, Katy Sherman, Tom Farrelly, Devin Farrelly, Peter Crawford, Cecilia Azzi, Victor Azzi, Deb Cross, Larry Rocha, Frank McDermott (arrived at 6:56:52 p.m.)
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.”
Summary
1.
Regionalization to be considered for
fire services.
2.
Permit for Zumba lessons on the beach
denied.
3. Selectmen
deny lot un-merger request from the Tuttles.
Non-public session, acquisition (0:00 elapsed)
The video begins
at 6:44:19 p.m. (0:00 elapsed).
Prior to the doors being opened and the
public being allowed into the meeting, Jaci Grote, Jim Raynes and Sally King of
the Conservation Commission, Tracy Degnan of the Rockingham County Conservation
District and Otto Grote, were observed leaving the courtroom.
Announcement regarding by Selectmen Mills regarding
Fire Department (0:26 elapsed)
Selectmen Mills
announced that, with the upcoming resignation of Fire Chief Sullivan, and in
accordance with suggestions of several residents, there will be consideration
of a regional approach to the provision of Fire Department services. He mentioned Portsmouth, New Castle, North
Hampton and Greenland as possible partners.
This had been proposed in 1993, but had not gotten far. Station Two in Portsmouth is approximately a
mile from the Rye Fire Station and has a ladder truck. On Court St., 2-3 miles away is another
ladder truck. Regional associations in
other parts of the country have worked.
He asked the other two Selectmen to consider this.
Selectman Musselman
stated that he agreed wholeheartedly.
Change in agenda order and Consent Agenda Items (3:14 elapsed)
Selectman Musselman
proposed a change in the order of the agenda so that the Consent Agenda and the
Meeting Minutes would be addressed, followed by the Beach Permit applications
from Vive La Dance and Sole Tranquility.
Three raffles were
approved with a single motion. All were
in favor.
Approval of minutes (4:26 elapsed)
The minutes of the
April 29 meeting on beach issues with State Senator Stiles were approved with
changes. All were in favor except
Selectman Mills, who abstained, not having been present.
The minutes of the May
12 public session were approved with changes.
All were in favor. The minutes of
the non-public session of the same day were approved without changes. All were in favor.
Vive La Dance Beach Permit application (10:46 elapsed)
Selectman Mills noted
that the applicant was not present.
Police Chief Walsh stated that she is aware of the date. Without further discussion, Selectman
Musselman asked Chief Walsh to address the application.
Chief Walsh stated that
he had submitted a memo regarding the sound system that the applicant had
proposed since the prior meeting. He is
against the sound system. If that sound
system were approved he would be unable to enforce anything if there is a
complaint regarding music coming from a sound system.
Selectman Musselman
stated that he had suggested something that was hand held to her at the last
meeting. He was contemplating that it
would be something powered by “D” batteries.
She had proposed a cart supplying 1500 watts. He spoke of additional concerns regarding
non-paying participants adding to the total number present and parking. There would need to be an evening shift for
parking enforcement to deal with the additional cars, he said. Three beach permits have already been
approved. Editor’s note: These are for
Summer Sessions, Cinnamon Rainbows and The Shack.
Selectman Musselman suggested that the sound
was not consistent with others’ use of the beach, which involves “quiet
contemplation.” He suggested that Vive
La Dance be referred to Ragged Neck State Park, with the parking constrained to
that location. The Beach Committee had
also suggested that, he said.
Selectmen Jenness
stated that she was opposed to “magnified” music on the beach, which would be
precedent setting.
Selectman Mills stated
that he would not vote for or against the permit until 8:00 p.m. as he would
have liked to have had her present. It
was taken out of order at his request.
Chief Walsh referred to
tickets having been written for open container the prior day. Clear cups are being distributed by Summer
Sessions and the Juice Box with their logos.
The clear cups make his job easier.
However, he referred to a trash problem as a result. Summer Sessions occupies a space that is
paying Rye taxes but the other business is not.
Selectman Musselman
suggested that they vote now and reconsider if the applicant shows up
later. Selectman Musselman moved to deny
the application, pending reconsideration, and to refer her to the State
Park. Selectman Jenness seconded. All were in favor.
Editor’s note: The applicant,
Marianela Ramirez, arrived later and was given an opportunity to address her
application. See later in these notes.
Sole Tranquility (Andrea Montgomery) Beach Permit application (19:19
elapsed)
Police Chief Walsh
stated that the Release and Indemnification had not been notarized. The applicant had been advised of this and
did not correct the problem. He had also
requested that the applicant be present and she was not. He suggested that the application be denied
based on the lack of notarization.
Selectman Musselman
asked whether music was involved. Chief
Walsh did not know. There was also
discussion about the number of people involved.
The application was contradictory because in one place it says a maximum
of 1 and in another 10-15.
All were in favor of
denying the application, pending reapplication and the provision of more
information.
Utility Pole License (21:06 elapsed)
The motion to grant the
license at 320 South Rd. carried unanimously.
Solid Waste District (23:34 elapsed)
Public Works Director
Dennis McCarthy reported that Hampton and South Hampton will be requesting to
withdraw from the District. New Castle
is also discussing withdrawal. The
District is powerful as it can float bonds and build facilities. However, it is not as important as it once
was. The other towns in the District
would need to vote to permit these towns to withdraw.
Selectman Musselman
stated that the conditions for withdrawal have not yet been set. The conditions should include a fair
distribution of the assets and costs.
The issue of a continuing obligation in case the District is sued after
it has been dissolved must also be addressed.
They should be let out on a fair basis as Rye may want to do the same
thing.
Selectman Musselman
stated, however, that he will not be voting on this issue as he is the District
Engineer. However, the rest of the Board
may want to consider a motion to allow the towns to exit.
Selectman Jenness then
stated that she was making such a motion.
Selectman Mills seconded. The two
of them then voted in favor and Selectman Musselman abstained.
Mr. McCarthy stated
that the District has no real assets other than approximately $55,000.
Hiring of Mechanic (32:07 elapsed)
Editor’s note: The former
mechanic, Skip Gaucher, passed away. See
the notes of the May 12, 2014 meeting.
Mr. McCarthy stated that Jared Wile-Marble
of Newmarket was his recommendation.
There were three interested candidates, all excellent. Mr. Wile-Marble has three years with Exeter
Public Works and was a part-time mechanic.
There was a question
about Steven Drewniak. It was confirmed
that he is related to a town employee. Editor’s note: Joanne Drewniak works in the Assessor’s
Office. Mr. McCarthy stated that he
had withdrawn as he lived too far away.
All were in favor of
approving the hiring of Mr. Wile-Marble.
Results of fuel bid (35:37 elapsed)
Mr. McCarthy reported
that there had been four bids, from the usual bidders. This year, Atlantic Fuel was the low bidder
for heating oil at $3.13 and $3.19 for blended.
Hanscom Truck Stop was the low bidder for diesel and the only bidder for
gasoline. He recommended splitting the
contract award.
Selectman Musselman
asked whether there would be any effect from the sale of Hanscom. Mr. McCarthy stated that only the fuel
station was sold. The fuel business
would remain but would need to be relocated.
The motion to approve
the two bids carried unanimously.
Fireworks approval (39:36 elapsed)
The applications for
fireworks on July 3 at Sawyers Beach by the Beach Club, and by Jack Tobey for
the July 4 fireworks at Parsons Field were unanimously approved.
Sign request from Recreation regarding Parsons Field Independence Day
(41:15 elapsed)
The request was
unanimously approved.
Resignation of Anastasia Pickford from Recreation Department (42:22
elapsed)
Recreation Director Lee
Arthur reported that Anna had gotten a full-time job with benefits. She is sorry to see her go. The motion to accept the resignation with
regret carried unanimously.
Sole source contract for new phone systems for Town Hall and Public
Safety Building, TeleTechniques, Inc. (43:34 elapsed)
Editor’s note: As Cyndi Gillespie started to address this
issue, Marianela Ramirez of Vive La Dance walked in and picked up an agenda.
Ms. Gillespie explained that a waiver would
be needed to award this contract as a sole source. It was explained that TeleTechniques is an
agent for Bay Ring, the Town’s current provider of “dial tone.” They had done
the Public Safety Building last year. In
response to a question from Selectman Jenness regarding expansion of the system
in the event that the Town “manages” to expand Town Hall, Ms. Gillespie
indicated that the system could be adjusted.
Selectman Musselman stated that he had purchased three phone systems for
CMA. Editor’s
note: Selectman Musselman is a principal
in CMA Engineers. It is not
something that you bid, he said.
The motion to approve the contract carried
unanimously.
Records retention policy (50:06 elapsed)
Ms. Gillespie addressed
this draft policy. Recommendations were
received from Town Counsel earlier in the day, so it is still being
improved. It also needs to be discussed
with Town Clerk Beth Yeaton, she said.
However, she would like feedback tonight.
Selectman Musselman
asked whether the 7 and 10 year retention periods are required. Editor’s
note: The lengthy draft document mirrors
the list in N.H. Rev. Stat. Ann. (“RSA”) 33-A:3-a. Most of the documents with 7 and 10 year
retention periods are financial records.
Ms. Gillespie responded that they were not. Editor’s
note: In fact RSA33-A:33-a has, in many
cases, the same retention periods as the draft policy. In other cases, a year has been added. The statute would override a policy providing
a shorter retention period. Selectman
Musselman asked what the auditors required.
Ms. Gillespie and Selectman Mills stated that, once the audit has been
completed, they do not care. Selectman
Musselman stated that he would not be upset if the period was shortened.
Policy regarding restoration of previously merged lots (52:44 elapsed)
Town Administrator
Magnant explained that a 2011 change in the law permitted lots to be
un-merged. A number of these have come
before the Board. The Town Attorney is
recommending the adoption of a procedure.
The procedure provides notice to abutters, which would be required if
the request is denied and then appealed to the Board of Adjustment. There is a fee of $525 to cover the $175 cost
of providing a notice in the newspaper and the Town Attorney’s hourly
rate. Selectman Jenness stated that they
may see a few of these. The townspeople
should not have to bear the cost. All
were in favor of approving the policy.
Further discussion regarding Vive La Dance Beach Permit application
(56:50 elapsed)
Marianella Ramirez now
being present, showed photographs. She
asserted that the sound system could not even be heard. Selectman Jenness stated that controlling the
number of persons present was a problem for them. This would be precedent setting. She had suggested a headset last time.
Ms. Ramirez asserted
that headsets could not be used as they are not licensed to distribute
music.
There was then
discussion about participants in wheelchairs and why it was a problem for them
on the grass at Ragged Neck while it was not on the sand at the beach. Selectman Jenness stated that the wheelchairs
would get bogged down in the sand. Ms.
Ramirez responded that the wheelchair-bound participants are picked up and
carried.
Selectman Musselman
stated that there was a lot of opposition.
People do not want to hear the music.
They would be able to hear it if walking laterally on the beach.
Ms. Ramirez asked
whether they would allow one event for one hour. A number of persons in the audience
interjected “no.” Chief Walsh stated
that that would be opening the door.
Selectman Musselman stated that they were concerned about setting a
precedent that they would never get out of.
Ms. Ramirez thanked the
Selectmen, and said “gracias” to them and the audience as she left.
Correspondence on Beach Issues (66:30 elapsed)
Selectman Musselman
stated that they had correspondence, all of which is related to beach
activities. He suggested that they be
accepted, added to the minutes and placed on file. The motion to do so carried unanimously.
Editor’s note: The agenda
includes an e-mail from Lynn McLaren regarding non-beach activities on Rye
beaches, an e-mail from Katy Sherman opposing large group commercial activities
on the beach, and a letter from Larry Rocha, Chairman of the Beach Committee,
regarding activities on the beaches.
Frank McDermott, speaking from the audience,
stated that he wanted to make sure that his correspondence was part of the
record as well. Selectman Mills stated
that it would be unfair to consider his correspondence as the others had been
tabled. He stated that the Breslins had
also sent a letter.
New Business, Inventory form (68:30 elapsed)
Selectman Jenness
stated that the Inventory Form provided for by RSA 74:4, has not been used
since 1999. She moved that the town
continue to not use the form. All were
in favor. Editor’s note: RSA 74:4 requires
taxpayers to provide information regarding their real estate for taxation
purposes, and also requires a census of persons occupying the premises by name
and age. RSA 74:4-a permits towns to
waive the requirement of the form. The School Administrative Unit Business
Manager, has, in the past, discussed the difficulty, absent the form, of
estimating future student populations from birth data, which seems to reflect
much lower numbers than end up attending kindergarten or first grade.
Tuttle un-merger request (69:07 elapsed)
Mr. Magnant stated that
Mrs. Tuttle had provided additional data, which the Town Attorney has reviewed,
however his position has not changed. Editor’s note: See RSA 674:39-aa, II (all involuntarily
merged lots must, upon request to the Board of Selectmen prior to December 31,
2016, be restored to their premerger status unless an owner in the chain of
title has voluntarily merged his lots.
The town has the burden of proof on this issue. The law on this issue was changed in 2010 and
2011.
Mrs. Tuttle stated
that, while the Town Attorney’s letter refers to the Planning Board, she has
found nothing in their minutes regarding the issue. She did find something in the ZBA
minutes. Her attorney tells her that
there was never consent to the merger.
There was further discussion regarding the
facts.
Selectman Musselman
then asked whether there had been an objection by the owner at the time that
the lots were merged. Mrs. Tuttle
responded that there could not have been an objection then, because of the
state of the law at the time.
Mr. Tuttle explained that the Town had made
a mistake, which they acknowledged, and created a lot with two structures. They corrected the error, which resulted in
four lots. The contiguous lot rule was
then applied to combine developed and undeveloped portions to create two lots. The law says that these can now be broken
apart.
Mr. Magnant stated that
there had been a disagreement at the time between attorneys.
Selectman Mills stated
that the Town Attorney’s advice was to deny the request. Selectman Musselman stated that they were
doing so on the basis of what the record shows.
Selectman Jenness moved to deny the un-merger request. All were in favor.
After the Tuttles had
left, Joe Cummins, speaking from the audience, asked whether he could ask a
question regarding the un-merger.
Selectman Mills stated that it was too deep, and that he should have
asked it while they were there. He asked
whether the tax liability had changed when the lots were merged. Selectman Musselman responded that he had no
idea.
Other business, Wentworth Bridge (78:52
elapsed)
Selectman Musselman
stated that DOT is planning to replace the bridge between Rye and New
Castle. It is a bascule bridge which is
raised three times per year. A fixed
bridge would cost $6 million, a bascule bridge $16 million. Over the 75 year life of the bridge this
would work out to $40,000 for each lift.
Editor’s note: There are two bridges that connect New
Castle, which is an island, with the mainland.
According to NOAA Chart 13283, corrected to November 4, 2000, the
northernmost bridge, which connects to Portsmouth, is fixed and has a vertical
clearance of 14 feet, the southernmost bridge, which is the one that connects
to Rye has a vertical clearance of 12 feet when lowered. Nautical charts are based on clearances at
high tide.
Selectman Musselman
explained that there have been various arguments. Some have said that the Coast Guard needs to
get buoy tenders under the bridge. There
is also a need to dredge. There are a
number of docks north of the bridge that might accommodate sailboats. However, these typically do not now. Lobsterman may need the area for shelter
during a storm. He appeared to refute
all of the arguments.
The question, Selectmen
Musselman said, was whether the Rye Board of Selectmen would like to provide
input. It is not their decision. If this
is done, he should not sign the communication as his firm had bid on the
project, but did not have the winning bid.
Selectman Jenness
stated that she would have no trouble signing.
She had spoken with David Borden.
One of the issues is sailboats, but they can have their masts brought
down. Editor’s note: This is generally
not possible for larger boats, unless specially equipped, without using a
crane.
Selectman Mills said that the larger amount
of money had already been approved.
Victor Azzi, speaking
from the audience, asked what the history had been. What kind of boats had needed the three
bridge openings? He asked whether the
new bridge would be the same height. Mr.
Magnant stated that this is the current plan, although originally it was going
to be significantly higher.
Selectman Musselman
said that the Coast Guard might say that the new bridge would need to lift
according to maritime law. In that case
their opinion would not carry the day.
Selectman Mills moved
to send the letter. Selectman Jenness
seconded. All were in favor, including
Selectman Musselman.
Other business: Grove Road
cellular antenna, Manure pile, shale piles, FEMA maps (101:57 elapsed)
There was discussion
regarding whether the carrier should be asked to remove their antenna on Grove
Rd., which is purportedly no longer in use, and whether the carrier had stopped
paying. Ms. Gillespie stated that she
did not know whether the payments had stopped.
Selectman Mills brought up the issue of the
manure pile on South Road, which had been referred to the Planning Board. Selectman Musselman stated that it had been
referred so that a change to the zoning ordinance could be considered.
Selectman Mills asked about the shale pile
near 1500 Ocean Blvd. The rocks have
been pushed up such that the view of the ocean has been obstructed. The State used to flatten the top of the
wall.
Selectman Mills then brought up the issue of
the FEMA maps. He asked what would
happen if someone is forced to do repairs.
This is like the problems with KRT, he said.
Mr. Magnant said that there had been only
one call on the issue. The person had
told the Building Inspector that he or she planned to challenge the map.
Victor Azzi asked about the agreement that a
presentation would be made. Selectman
Mills stated that this had been done in Hampton. Selectman Musselman said that the meeting
wasn’t for the public. Mr. Magnant said
that FEMA had declined a request to meet with residents. They responded that they would train town
officials, who could then do this.
Selectman Jenness stated that she had gone
to the Hampton meeting with Mr. Magnant.
The teaching was poor. They
rattled off technical terms using acronyms.
Selectman Musselman stated that it seemed
that the process was rigged. They know
that those responsible do not have the information to challenge the maps.
Mr. Azzi asked when the clock would start
running on challenging the maps. Mr.
Magnant responded that the 90 day period would run starting when the maps went
from preliminary to draft status, which has not yet occurred.
Non-public session on personnel (112:14 elapsed)
Whereupon the Selectmen voted unanimously by
roll call to go into a non-public session at approximately 8:37 p.m.