NOTES OF JUNE 23, 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, Public Works Director Dennis McCarthy, Alan Bucklin (Public Works).
Persons present from the public included Lori Carbajal, Peter Crawford, Victor Azzi, Jim Raynes (Conservation Commission), Jaci Grote (Conservation Commission), Otto Grote, Mel Low, Tim Phoenix (representing Wallis Road LLC), John O’Neil (representing Wallis Road LLC), Ed Hayes (representing Wallis Road LLC), Crystal Weyers (Portsmouth Herald), Deidre Smyrnos (Recycling Committee), Susan Anderson (Recycling Committee), Diane Bitter and others present who spoke to the “pay-as-you-throw” recycling proposal.
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
The video starts at 6:33:25 (0:00 elapsed)
Announcements (0:00 elapsed)
Selectman Musselman announced the July 4 fireworks, the retirement of Dr. Cushing from the Schools, and that there would be a meeting in late July or early August to review the FEMA flood plain mapping. There is an August deadline for residents to get back to FEMA regarding the changes.
Minutes, including Rye to New Castle bridge and land acquisition (1:42 elapsed)
Selectmen Jenness and Musselman had changes to the June 9, 2014 meeting minutes. Selectman Mills noted that he had received a call from a lobsterman asserting that the Army Corps of Engineers would not dredge if there is not a lift bridge between Rye and Newcastle. Editor’s note: At the prior meeting the Selectmen had voted unanimously to recommend that the bridge, which needs replacing, be replaced with a fixed span which, Selectman Musselman asserted, would save $10 million. A letter from the Selectmen was, shortly thereafter, published in the Portsmouth Herald. The New Castle Selectmen then published their own letter, which encouraged replacement with a lifting span. Selectman Musselman stated that he was not sure that was true. Selectman Mills stated that he would be talking with more lobstermen. All were in favor of approving the minutes with the changes.
The minutes of the June 9 non-public session were approved unanimously with changes. Selectman Jenness noted that “developable” should read “undevelopable.” There was discussion about whether the amount in the next line was correct or not. Selectman Musselman made a comment about the value of the wetland. Editor’s note: It appears that the discussion may have involved the acquisition of the back portion of the former Rand Lumber parcel.
The minutes of the June 17, 2014 meeting were approved without changes as were the minutes of the June 17, 2014 non-public session.
The video jumps from 6:39:05 p.m. to 6:42:08 p.m.
Recycling Committee, discussion of “pay-as-you-throw” (5:40 elapsed)
Mel Low related how he had been involved with the Recycling Committee in the early days. Recycling had started after a number of new sites for the dump had been rejected by the State. He spoke about Eliot and South Berwick having reduced their trash by 40 percent through the sort of program proposed.
Mr. Low introduced the members of the Recycling Committee: Deidre Smyrnos, Susan Anderson and Alan Bucklin.
Sarah Bernier of Waste Zero then provided more details about the program. Her company works with 800 municipalities across the U.S. In analyzing the program, they used a figure of $15 per ton on the additional recycling that would be generated from the program. Under the program, specially marked bags would be sold in local grocery stores so that the bags are available seven days a week. The large bags would be $2.00, the small ones $1.25. She provided data on what they have projected can be achieved through the program:
Now After implementation
Bag revenues $0 $102,000
Tons of trash 1214 681
Tipping fees $87,000 $49,000
Tons of recycling 545 760
In the first year, Ms. Bernier alleged, there would be the following savings to the Town:
Bag revenues $102,000
Tipping fees $ 38,000
Recycling revenues $ 3,200
Total $143,200
Ms. Bernier provided examples of savings for Sandwich, MA and Eliot, ME.
Selectman Musselman stated that he had been a solid waste engineer for 30 years. Rye generates 465 pounds per person per year which is half of the average. He asked why. Ms. Bernier attributed it to recycling and the fact that not all residents were using the Recycling Center. Selectman Musselman stated that residents are charged $84 to $120 per quarter for curbside pickup. He has estimated, based on counting trash containers placed outside on pickup days, that 25-30 percent of Rye residents were using curbside pickup.
Selectman Mills then discussed issues with North Hampton residents using the Recycling Center, and the possibility that some residents might drop their garbage off in the barrels at the beach. He also asserted that even though he and Mel Low were hard of hearing, they could both hear the bottles in the bags thrown in the dumpster.
In response to a question from Selectman Musselman, Ms. Bernier stated that the larger trash bags, which are 30 gallons, average 24-25 pounds of trash. The small bags are 15 gallons and average 11 pounds.
Ms. Smyrnos noted that an advantage of the “pay-as-you-throw” bags is that they would not need to police whether someone discarding trash was a resident as they would not care as the costs would be covered.
(36:54 elapsed)
Diane Bitter, 875 Central Rd., asked questions about the process. She says that she, and most of her neighbors, use a private service, although many use the Recycling Center at times. She asked whether the savings would be turned back to the taxpayers. She relayed a comment from Barry and Claire Russo, whose son sits on the Planning Board in Nottingham. That town is discussing a similar program. They have determined that there would be an increase in the disposal of plastic waste. There was also a concern about the cost being pushed back on taxpayers. She asked whether the program would be voluntary.
Selectman Mills stated that, based on a Town Meeting vote 15 years ago, recycling was mandatory. Editor’s note: Selectman Mills appeared not to understand that her question applied to the new program, not the old one. Selectman Musselman stated that, if trash was brought to the Recycling Center it could only be thrown in the hopper using a Rye bag that had been purchased. Everything else is recycled and not placed in the bag. It would not affect curbside pickup and there would be a reduction in taxes, he said. She would save money through the program as she would be hiring a hauler in any event, he asserted. Ms. Bernier added that the revenue from the bags would be turned over to the Town in a monthly check. She also asserted that, since the bags replace existing plastic bags used for trash disposal there would not be additional plastic waste.
Tom Pearson, Pine St., expressed concern with there being a sole source supplier for the bags, which would tend to raise the price. He spoke of the Recycling Center attendants often being occupied with other duties. There would need to be someone stationed at the dumpster all of the time to keep unofficial bags from being thrown in the dumpster, at a cost of $70,000 annually with benefits. He argued that transients would leave bags of trash at the curb, where it would be picked up. People object to being pushed around. Too many rules drives people crazy, he said.
Julie Tucker, 900 Washington Rd., referred to the $2.00 per bag being another tax. She spends a lot of time separating the recycling already. They will never see a tax reduction, she argued. Low income people will be hurt, she said.
David Rimbach, Washington Rd., asked about the revenue from the beach trash pickup. He spoke of seeing beach chairs in the dumpster and argued that $1.00 per bag would be more reasonable.
Peter Crawford asked whether Market Basket would make a profit on the bags. Ms. Bernier stated that that would be optional, but typically the retailers sell them as a public service for the Town. Mr. Crawford summarized the figures that Ms. Bernier had provided, which add to approximately $140,000 annually. Assuming, for ease of calculation, 2000 households in Town, that would be about $70 savings per household in taxes, he said. The $100,000 in revenues from bags would only be about 25 bags per household. The $70 savings in taxes would work out to a break even of 35 bags per year. Very few households in Town that use the Recycling Center are only going to need 35 bags per year, he asserted.
Ms. Bernier clarified that the $102,000 in bag revenue was after their cost of manufacturing the bags. Selectman Musselman asked how much of the $2.00 the Town would receive. Ms. Bernier responded that the Town would spend 30 to 35 cents on the bags, including the cost of delivering the bags to the stores and processing the collections.
Selectman Musselman asked whether the Town could change bag manufacturers after the first year. Ms. Bernier responded that they would ask for a three year contract. The $2.00 per bag was used as an assumption. The cost per bag is something that the Town would set, she said. Mr. Crawford stated that the additional information supports his point even more, as not all of the revenue from the bags would be going to the Town to be used to reduce taxes.
Ms. Bernier stated that households that use the program average 1.2 bags per week.
Monica Cornelia said she was dismayed with Mr. Low’s statement that they just wanted people to use the bags, they don’t care what people put in them. She thought that the goal was to become better citizens. She spoke of a 15 minute wait on Grove Rd. to get into the Recycling Center. “We have good citizens in Rye. They’re recycling their little hearts out. And, they’re enjoying every minute. It’s a social event.”
Mel Low responded that the Committee had been assigned with coming up with a way to make improvements. They visited seven towns. If people have to buy bags, they’re going to be very selective about what they put in them. Bud Moynahan, in six months, has used five bags. He had been in charge of our recycling program before, Mr. Low said.
Selectman Musselman said that this was the first discussion and a decision would not occur for some time.
Lisa Moll, 21 Gray Ct. asked about the percentage of people who actually recycle. There have been contradictory statements tonight, she said.
Lori Carbajal, 18 Tower Ave., asked why solo cups (number fives) are not being recycled. Mr. McCarthy spoke about the need to bale and store, and a lack of space. A lot of products don’t have enough value to justify the effort, he said. They hold until there is a truckload in order to reduce shipping costs.
Diane Pearson, Pine St., asked whether there would need to be a scale. Ms. Bernier stated that the Town pays by weight, $72 per ton, but the residents would not be charged by weight. Ms. Pearson said that she was opposed to selling bags to those who do not live in town. Selectman Musselman said that a sticker would still be required to use the Recycling Center. Ms. Pearson stated that she viewed this as another form of taxation. The New Hampshire way, especially in Rye, is frugality, and keeping costs down to keep taxes down.
Ms. Bernier stated that, with no limit to what can be brought in on any day, there is an opportunity for abuse.
Susan Anderson, Long John Rd., asserted that almost 50 percent of the people in Rye do not recycle. The next step would be a warrant article, if the Selectmen approve. She suggested information sessions.
Frank Kennedy, Fielding Way, asked whether the process would be single stream. Ms. Bernier responded that there would be no change to what was recycled.
Jaci Grote, 124 Washington Rd., thanked the Committee for doing its work. She feels badly that they are not getting any credit. They are always looking for ways to improve. Change is not easy. She knows there are people who do not recycle. There is no answer today.
Mr. Rimbach stated that he would go for the program if he could get the bags for 25 cents. There was laughter. Selectman Musselman suggested that the bag price should be on the warrant article.
Mr. Low stated that their research indicated that additional supervision was not required.
Selectman Jenness stated that she recycled everything and also composted. Alan Bucklin interjected that she could do more if she tried. There was laughter. She referred to people who had asserted that they needed only one bag per month. She questioned what would be done with month old chicken parts. There was more laughter.
Selectman Mills stated that there are two persons on duty only on Wednesday, Thursday and Friday. On Tuesdays and Saturdays one of the attendants must be diverted to handle the brush dump. Editor’s note: The Recycling Center is closed on Sunday and Monday. Mr. Low responded that other towns are doing similar things and also have brush dumps.
Selectman Musselman said that “pay-as-you-go” would need to be added to dogs and frog jumping on the list of things that got the juices flowing of people in Rye. He thanks the Committee for raising the issue. There was applause.
Introduction of new mechanic (85:07 elapsed)
Jared Wile-Marble was introduced as the new mechanic for Public Works who had started that day.
Request to sponsor USS Scranton while it is at Portsmouth Naval Shipyard (86:08 elapsed)
Gary Hildreth, Public Affairs Officer, explained that there are no submarines home ported in Portsmouth. Thus, the crews are not familiar with the City. The crew of a sponsored submarine would be available for things such as painting and mentoring in the schools. On the other side, there might be a holiday party by the Town for the crew. The USS Alexandria has been sponsored by Saco/Biddeford, the USS Topeka by Kittery and the USS Miami by Sanford, ME. The Scranton would be arriving sometime in August of this year. The ships are typically present for 20-22 months.
Selectman Musselman said that a critical mass of volunteers would be needed. He referred to the Lions Club. Selectman Mills added that the Congregational and Catholic churches in Town should be included. Mr. Hildreth indicated that a response would be needed within the next few weeks. Selectman Musselman indicated that the Town is interested but the time frame is tight. Mr. Hildreth mentioned the possibility of a later ship if this doesn’t work out. It was agreed that the Town Administrator would get in touch with the Lions Club and that the Selectmen would research this and get back to Mr. Hildreth.
Mr. Hildreth said that there would be a total of about 150 sailors. They are not asking that they be brought into people’s homes. The sailors live in barracks at the shipyard and typically have their own cars. The Captain would typically speak at Memorial Day ceremonies and the crew would march in the parade. The Scranton is a Los Angeles class submarine, he said.
Wallis Rd. Properties LLC Conservation Easement (96:06 elapsed)
Tim Phoenix spoke to this issue. He stated that he was accompanied by John O’Neal and Ed Hayes, principals of the LLC. He stated that the total property was about 90 acres, comprising the former Rand Lumber operation. Approvals were received most recently from the Planning Board. Of the RCD portion of 18 acres, 7 will be developed, leaving 11 undeveloped. Editor’s note: The former Rand Lumber property was two parcels. The Planning Board granted approval to merge these and then subdivide them into three parcels: a front one for the RCD (Retirement Community Development), a back one for conservation purposes (or to be further subdivided into approximately 16 single family lots if a deal cannot be reached), and a third parcel which would include the existing structure. Twenty units would be built, Mr. Phoenix said. They are not asking for a decision tonight on the purple portion of 73 acres, which may be sold to the Town.
As Mr. Phoenix spoke, he displayed a plan with green, purple and white areas. The green area is the proposed conservation easement, the purple area the back parcel, and the white area the land on which the RCD will be built.
They are present tonight because the Planning Board’s notice of decision required that an easement be granted before construction could begin. This is the last of the Planning Board’s conditions to be fulfilled. The 11 acres on which a conservation easement would be placed is a gift. Editor’s note: The Rye Conservation Commission would be responsible for managing this. There are two easements related to the driveway, the first for the condominium owners to have access to Wallis Rd. across a private lot, and the other so that the public can have access to a gravel parking lot of 5-7 spaces to access the 73 acres, Mr. Phoenix said. Editor’s note: the driveway easements are separate from the Conservation Easement. The second easement will only be recorded only if the deed to the 73 acres is recorded.
The Conservation Commission needs the approval of the Board of Selectmen prior to giving its approval, Mr. Phoenix said. Selectman Musselman asked whether the Conservation Commission had held a public hearing. Jim Raynes of the Conservation Commission stated that they or the Board of Selectmen would need to hold such a hearing. It has not yet occurred. Town Administrator argued that this is not an acquisition so no public hearing is required. Mr. Raynes stated that 15 days advance notice of a hearing is needed. This has been thoroughly reviewed by Mike Donovan, Chris Keenan, Sally and Selectman Musselman. Editor’s note: Mike Donovan is the Town Attorney, Chris Keenan is the attorney for the Conservation Commission, “Sally” is an apparent reference to Sally King, Chairman of the Conservation Commission.
Mr. Phoenix stated that the 10-11 page Conservation Easement Deed identifies the green area by metes and bounds. They cannot touch it. It reserves the right to maintenance, if undertaken, of the walking trail. The developers and the condominium association would be responsible for building and maintaining the parking area. The Town would be responsible only for the walking trail, if one is built.
Selectman Musselman asked about the ability of condo owners from using the parking lot. Mr. Phoenix stated that such use, and parking on the roads, is prohibited by the condo documents. There is also a four hour limitation on parking there, and there will be signs. Sally King lives near there and Kevin Walsh is likely to receive a call if there is a problem, he asserted. This led to discussion about it being private property. Selectman Musselman stated that the condo association had authority to enforce the restriction on the public.
There was then discussion about the removal of language relating to biosolids application and what other Conservation deeds might have permitted this, as the language had come from a “template.”
Selectman Musselman and Mr. Raynes then referred to packets of documentation that had been put together. A blue document and a black document were both held up. Selectman Musselman stated that the Board of Selectmen did not believe a public hearing was necessary. He suggested however, that the documents be made available if the Conservation Commission holds a public hearing. Mr. Raynes stated that they would be holding a public hearing at their July meeting. However, they should be permitted to start their work prior to then as it is a gift.
Selectman Musselman stated that a site walk is not needed at this time. If the 73 acre acquisition moves forward in November or December, a site walk could be done at that time, he said.
Mr. Raynes asked Mr. O’Neil how many Rye residents had reserved units. Mr. O’Neil stated that the process with the Attorney General was starting, and that they had non-binding reservations from Rye residents for 13 of the 20 units.
Selectman Jenness stated that the Easement Deed should prohibit condo owners from using the parking area. Selectman Musselman asked whether it would be enforceable by the Town if in the deed. Mr. Phoenix asserted that it would. It is in the easement deed, he asserted. He read the language. Selectman Musselman responded that it does not say that condo owners are prohibited from using the parking lot. Mr. Phoenix argued that condo owners are members of the general public and should have the same rights. He will add it if the Selectmen require it, he said. Selectman Musselman said that the issue is visitors. Selectman Jenness stated that four hours is enough for a party.
(115:22 elapsed)
Mr. Phoenix reiterated his opposition, stating that this is a gift. There is at least one other area where parking could be provided. However, he will add the restriction if the Selectmen insist.
Selectman Mills changed the subject and asked whether Southeast Land Trust owned the land behind him. Editor’s note: There is a conservation easement on the Philbrick land behind Selectman Mills’ house. Although the funds came from the Conservation Commission Land Acquisition Fund (with some other matching funds), the easement is in the name of Rockingham County Conservation District. Mr. Raynes stated that Southeast is going to be the secondary on this easement. They are also the secondary on the Rolf Lium property and they are trying to push them so that they kick in more money and some other things, he said. Editor’s note: An easement on land owned by Rolf Lium was acquired by the Conservation Commission in late 2012. Mr. Phoenix clarified that, although the language had originally referred to Southeast Land Trust, to avoid losing bargaining power it was changed to refer to a party to be designated.
Selectman Mills asked whether structures were going to be prohibited. Mr. Phoenix confirmed, stating there was only going to be a walking trail. Selectman Mills referred to a situation with Rockingham involving the land behind his house. He asked about a condo owner parking a travel trailer in the parking lot.
Joe Cummins asked what the value of the gift was and what the effect on the tax rolls would be. Selectman Mills raised his voice and asserted that there was no value to the gift and no money involved. Mr. Cummins stated that he would like to know the value of the easement. The Town is spending a lot of money on conservation easements, he assumes that they have value. Selectman Mills, raising his voice, said “we’re not spending any money on this one.” Selectman Musselman stated that the Planning Board’s approval allows building only in the white area. What could have economic value is being developed. Mr. Raynes asserted that it was over ten acres and would be in current use regardless.
Jaci Grote, 124 Washington Rd. stated that the Town had adopted a warrant article to promote cluster development and preserve open space. The first was White Birch, off of Route 1. One requirement is that a certain amount of land has to be reserved for conservation. Mr. Cummins interrupted and said that his question had been answered.
Mr. Phoenix confirmed that new language in the deed would prohibit the residents and their guests from using the parking area, period.
Mr. Musselman indicated that the approval would be to permit the Conservation Commission to acquire the easement following a hearing by them, and subject to the new language in the deed. Selectman Jenness so moved.
Police Chief Walsh asked about the ability of the police to enforce restrictions in the parking lot. Town Administrator Magnant stated that he did not believe the Police Department would be able to enforce parking as the condo association would still own the land. Mr. Magnant said that he was going to have to tell them that it is a civil matter and to call the Town Administrator.
Peter Crawford spoke to alert the board to a hard fought battle before the Planning Board and the fact that the applicant was coming before the TRC to increase the percentage of units that could be larger than provided by the ordinance to 100 percent. Selectman Mills stated that they were aware of that.
All voted in favor of the motion.
As the applicant walked out, Selectman Mills said to Ed Hayes that he had tried to get him on the Space Needs Committee, but they said nobody knew you and you weren’t qualified. He made a comment about a lawyer being on the Committee. Editor’s note: This is an apparent reference to the Town Hall Committee. See the notes of the March 24 and April 14, 2014 meetings. Mae Bradshaw, an attorney, and Mr. Mills’ opponent in the 2014 election for Selectman was appointed instead of Mr. Hayes.
Beach permit application, Namaste Yoga (126:42 elapsed)
Magnolia Barrett spoke to the application, saying that they could call her Maggie. She stated that she grew up in Town and her mother is a teacher here. She recently moved back to Town after living in Hawaii for the past three years. The classes will be small, 5-12 people, with no music.
There was discussion about the hours of operation, where the classes would be conducted.
Chief Walsh stated that this would be the first permit granted for yoga. He asked how many permits there would be.
There was then discussion about a maximum class size of 25 referred to on the application. Chief Walsh stated that he would prefer a maximum of 10. It was ultimately agreed that 15 would be allowed.
Various conditions as to time and location were provided for, and the application was unanimously approved.
Event permit application, CF Cycle for Life (154:02 elapsed)
Chief Walsh stated that there would be 200 participants over two days. The permit was unanimously granted for July 19 and 20, 2014.
Event permit application, America by Bicycle (155:37 elapsed)
Chief Walsh described the event. The permit was unanimously granted for July 22, 2014.
Event permit application, Granite State Quest (156:19 elapsed)
Chief Walsh stated that this had not been on the agenda. It involves 125 people on July 12. The permit was unanimously granted.
Firefighter/Paramedic position (157:22 elapsed)
Fire Chief Skip Sullivan referred to his memorandum of June 17 regarding the issue. There is a firefighter retiring effective August 1, and this has been approved by the New Hampshire Retirement System. The firefighter is not being paid, he is strictly receiving funds from long-term insurance. He would like immediately to fill the position, which would reduce overtime. Another firefighter is out with a torn Achilles; he should be back soon. They have a couple of good candidates. One is a Rye native. Selectman Musselman stated that he does not believe that a vote is needed. They have the consensus of the Board. Editor’s note: See the notes of the May 12, 2014. An existing firefighter is retiring. It appears that this will allow a fourth firefighter/paramedic to be hired, providing paramedic coverage for all four shifts.
One ton dump truck (160:07 elapsed)
Public Works Director Dennis McCarthy stated that this approval will complete the one ton dump truck. The chassis is being purchased off of the state bid. Donovan is the low bidder for the remaining items. All were in favor of accepting the bid of $29,725.
Utility pole license, Cole Noyes Rd. (161:27 elapsed)
All were in favor of granting this license.
Lions Car show approval (162:55 elapsed)
This show was approved for September 21, 2014, together with waiver of the $50 fee. All were in favor.
Smoke free zones on beaches resolution (163:55 elapsed)
Selectman Musselman summarized the resolution. All were in favor. Mr. McCarthy stated that a majority of the signs have already been installed.
Seabrook Nuclear Plant, EPZ annual assessment (165:24 elapsed)
Selectman Jenness asked what a radiological emergency was. Chief Walsh described the program and stated that the Police and Fire Chiefs and the Town Administrator would be notified. Selectman Jenness asked whether the Town could actually be evacuated. Chief Walsh asserted that there was more than enough time to evacuate or shelter in place. That led to comparison between Three Mile Island, which developed over several days, and the Tsunami in Japan, which was more sudden.
Later, as the meeting was about the adjourn, Joe Cummins asked whether iodine pills were stockpiled at the Police Station. Chief Walsh asserted that the preference was that people evacuate.
Website link, Affordable Colleges Online (168:21 elapsed)
There was discussion about the colleges being non-profit, but the website not being. The consensus was to not permit a link. Selectman Jenness stated that she was appalled at the grammatical errors in the e-mail.
Little League request for sign (170:09 elapsed)
Selectman Mills referred to this request for an additional sign referring to the Little League team being state champion. The consensus appeared to be that it would be better to place the sign on Mill Rd. which is a cut through and receives more traffic than to place it at Woodland and South Roads.
Beach shale piles (171:57 elapsed)
Selectman Mills stated that the State had flattened the tops of the shale piles, however residents could still not see over them. There was also discussion about the wooden walkways and trails down the other side and which the Town and the State were responsible for. Mr. McCarthy stated that he believed that the Town was responsible for the entire thing. The liability issue of not having a proper trail was raised.
Adjournment
Whereupon the meeting adjourned at approximately 9:35 p.m.