NOTES OF JULY 28, 2014 RYE BOARD OF SELECTMEN MEETING

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, Town Clerk Beth Yeaton (left after swearing in of new firefighter/paramedic), Assessor David Hynes (left after Philbrick easement discussion).      

Persons present from the public included:  Peter Crawford, Joe Cummins, Larry Rocha.

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 starts at 6:42:44 (0:00 elapsed)

 

Summary

 

1.      Site walk scheduled to review discretionary easement for James Philbrick.

2.      Jessica Downing sworn in as firefighter/paramedic providing 24/7 coverage.  Her father, the Rockingham County Sheriff, is present.

3.      Paving contract awarded.  The rest of Washington Rd. and parts of Central Rd. and Brackett Rd. will be paved.  Paving at the Parsonage Apartments and the Congregational Church are discussed.

4.      Beach permit suspended for “The Shack” over insurance issue.  Issues with regard to large event planned the prior weekend are discussed.

5.      Oldest resident apparently found.  Boston Post Cane to be awarded.

 

Announcement of Town Hall Committee Public Session (0:29 elapsed)

 

            Selectman Musselman announced the public meeting on August 5 to review where the planning is so far.  He referred to a “separate, smaller office building in the back.” 

 

Consent Agenda, Saunders and Multiple Sclerosis Event Permits (1:36 elapsed)

 

            The two event permits were unanimously approved without discussion.

 

Minutes (2:01 elapsed)

 

            The minutes of the July 14, 2014 meeting were approved with changes, including changing the distance of the crosswalk requested at the Dunes from 10 feet as stated at the prior meeting to 100 feet.  It was noted that the agenda incorrectly referred to June 14.

            The minutes of the first non-public session of July 14, 2014 were approved with a change from “position” to “permanent position.”  It was  noted that the Selectmen were taking action on an interim position.  Editor’s note:  See later in these notes.  It was announced that an interim Fire Chief was being appointed.  The minutes of the second non-public session on July 14 were approved without changes.

 

Discretionary easement for James Philbrick (5:24 elapsed)

 

            James Philbrick indicated that an application for a conservation easement had been submitted in April and that a discretionary easement from the Town of Rye with a 10 year term had been put together.  Selectman Jenness noted a need for a larger map that would show the relationship with the conservation land and the wellhead.  Mr. Philbrick responded that the wellhead was on the other side of Grove Rd.

            There was further discussion from Mr. Philbrick’s attorney, “Chris” and a reference to the land having been owned by Charles Rand.

            Selectman Musselman asked where the access was, which led to a discussion of the value to the public value of such access.  Chris stated that Alden Philbrick was willing to grant a conservation easement.  Selectman Musselman asked about parking for the public. 

There was also discussion regarding whether or not hunting would be allowed.  Selectman Musselman referred to a need to have the Conservation Commission review the proposed easement. 

 

(15:00 elapsed)

Selectman Mills quipped that Assessor Hynes would need a bulletproof vest after stirring up this issue.  Editor’s note:  See the notes of the April 14, 2014 meeting.  Mr. Hynes had noted at that meeting that Mr. Philbrick’s property did not qualify for assessment at current use rates due to a gap between parcels and suggested a discretionary easement as a way to achieve the same effect.

            A site walk was tentatively scheduled for August 11.

 

Jessica Downing appointed as new Firefighter/Paramedic (17:43 elapsed)

 

            Skip Sullivan noted that David Kornechuk was retiring effective August 1.  Jessica Downing will replace him and they will now have firefighter/paramedic coverage on all four shifts.  If all of these persons are available, this will mean coverage 24/7.  Ms. Downing has been working in Manchester as a paramedic, and resides there.  This will be a provisional appointment as the CPAT (physical agility test) has not yet been taken by Ms. Downing.

            Town Clerk Beth Yeaton noted that Ms. Downing had not yet signed all of the required forms.  Editor’s note:  In particular 2012 Warrant Article 26 requires that each Town employee sign a form relating to conflicts of interest.  Ms. Yeaton asked the Selectmen whether she should proceed with the swearing in, which Selectman Musselman agreed to.  Ms. Yeaton then proceeded to swear in Ms. Downing to the provisional position.

            The Selectmen then voted unanimously to enter into the employment agreement, on a provisional basis, with Ms. Downing. 

            Selectman Mills then asked Ms. Downing, who had left immediately after taking the oath with Chief Sullivan, to come back in.  He asked whether she had any questions for the Selectmen after being “rudely interrupted” by the Fire Chief.  He told Ms. Downing to be thankful that she only had a month to go with the current Fire Chief.  Pointing to someone in the audience, Fire Chief Sullivan asked Selectman Mills whether he had met Jessica’s father, the Sheriff.  He stated that, if not, he probably would, one of these days.  Editor’s note:  Mike Downing is the Rockingham County Sheriff.  There was then a discussion between Selectman Mills and the Sheriff regarding bags in Selectman Mills’ truck.  Following that, a person appearing to be Sheriff Downing is observed leaving the courtroom on the video.

 

Award of paving contract to Bourassa Construction (24:15 elapsed)

 

            Public Works Director McCarthy announced that Bourassa was the low bidder, and later in the conversation, that Pike was the runner up.  No motion to award the contract was needed as Bourassa was the low bidder.

            This led to discussion regarding which areas would be paved.  Mr. McCarthy referred to paving needed at the Parsonage Apartments at a cost of $6000 to $10,000. 

Mr. McCarthy stated that, this year, the rest of Washington Rd. would be paved from where they had left off at Central Rd. to the Washington/Wallis split.  Central Rd. from Causeway to, they hope, Perkins, would also be paved.  This led to a question from Selectman Mills about drainage in the area.  Selectman Musselman noted that there was a proposal at one time to run a drain pipe from the water tank on Central Rd. to Love Ln.  He assumes that that is not part of the drainage plan any more.  He also noted that, in a bad flood, there are 4-5 houses along Huntervale that are only accessible by boat. 

Mr. McCarthy stated that the section of Brackett Rd. from Washington to Geremia would also be paved.  He also stated that the Congregational Church’s front driveway needs paving.  It is their driveway, but Town property.  That led to a discussion regarding who was responsible for the paving.

Mr. McCarthy stated that the budget is very tight this year with all of the paving being planned.

 

Firefighter’s Association Boot Drive (35:27 elapsed)

 

            This benefit was unanimously approved.

 

Appointment of Beverly Giblin as an alternate on Heritage Commission (37:01 elapsed)

 

            The matter was tabled as Selectman Mills had not met the person.

 

Resignation of Police Officer Scott Sullivan (37:49 elapsed)

 

            Police Chief Kevin Walsh reported that Officer Sullivan had joined the Sheriff’s Department.  The primary reason for the resignation had to do with the hours, Chief Walsh stated.  With the Sheriff’s Department, weekend work is only required every eight weeks, while the Rye Police Department is on a “four and three” rotating schedule.  He had been with the department for six years.  The motion to accept the resignation with regret carried unanimously.

 

Freddy Millett motorcycle accident and new person to do mowing (39:07 elapsed)

 

            Mr. McCarthy reported that Mr. Millett had been injured in a motorcyle accident and is not expected to be back this year.  He had been mowing the Town’s fields.  He would like to hire another retired person to replace Mr. Millett.  The person is Erik Jones’ stepfather, he said.

            Mr. McCarthy reported that Mr. Millett had sustained injuries to his ribs and sternum and had a lot of bruises and abrasions.  He is at home.  He is having some breathing problems.

 

 

Replacement of fence adjacent to Old Police Station (41:10 elapsed)

 

            Mr. McCarthy reported that Pete Scofield, who lives next to the Old Police Station had asked whether the town planned to replace the fence, which had rotted.  Mr. McCarthy had told him no, whereupon Mr. Scofield offered to pay for a new fence.  Mr. McCarthy stated that he is not sure where the property line is.

            Selectman Musselman reported that the consensus of the Town Hall Committee in the spring had been that the Old Police Station should be demolished.  That will probably be a warrant article in a future year, not this coming one, he said.  Mr. McCarthy indicated that, given the items stored there, and plans for the Town Hall, he does not believe that this is feasible without another place being provided for storage.

            That led to discussion as to whether a survey was needed.  The conclusion appeared to be that the letter authorizing the replacement would indicate that the Town was not acknowledging that the fence constituted the property line. 

            Selectman Mills indicated that the septic system runs onto Mr. Scofield’s land.  It was agreed that the system is no longer functional.

 

Town Hall sign (46:36 elapsed)

 

            Selectman Mills indicated that the sign saying “Town Offices” had faded.  He suggested that Norman repaint the sign.

 

Little League sign (47:31 elapsed)

 

            The matter was tabled.

 

“The Shack” Event Permit suspended (47:36 elapsed)

 

            Police Chief Walsh noted a problem with the business’ insurance and the way that the Town was named as an additional insured.  “Wes” and another individual identified as the owner of “The Shack” were present.  The owner reported that getting the Town named as an additional insured would only require one day to complete.  Chief Walsh requested that the Shack’s permit be suspended until that had been done. 

Chief Walsh also stated that he had discovered that an additional event had been scheduled for the prior weekend.  Editor’s note:  “The Shack” is located at the intersection of Wallis Rd. and Ocean Blvd., across from Wallis Rd. Extension, also known as Pirates Cove beach.

            There was then discussion about whether all of the businesses conducted by “The Shack” had been disclosed to the insurer, and whether “The Shack” was covered for lessons.  The owner indicated that, if insurance for that was not available, they may decide not to offer lessons.

            There was then discussion about a large event the prior weekend and the fact that “The Shack” had been acting to coordinate it as a “hub.”  Chief Walsh indicated that a liquor company had been proposing to be present and there was the question of whether free samples would have been passed out at “The Shack.”  There was also discussion about the limit of 50 persons on the original permit and whether the planned event would have exceeded that.  There had also been a person organizing Yoga as part of the event that was positioning the charge as a “donation.”  There was then discussion appearing to indicate that the event had been downsized from what had originally been planned.

            Larry Rocha of the Beach Committee interjected that Wes had been very helpful and everyone had been cooperative.

            The motion to suspend the permit until the Chief determines that the insurance is in place carried unanimously.

 

Thomas Lambert, former North Hampton Fire Chief to be interim Chief (58:01 elapsed)

 

            It was announced that Mr. Lambert would be named as part-time interim Chief.  He is the retired Fire Chief of North Hampton.  He will be present in August and will overlap with Chief Sullivan.  There is no end date specified for Mr. Lambert’s service.  The motion to authorize entering into an employment agreement with Mr. Lambert carried unanimously. 

 

Town disability policy

 

            Town Finance Director Cyndi Gillespie reported a problem with the Town’s disability policy from 2004.  Among other problems, it permitted sick leave to be drawn down to offset long term disability, which is illegal.  The motion to adopt a replacement policy carried unanimously.

 

Gathering for retiring Firefighter David Kornechuk

 

            Chief Sullivan made an announcement regarding this.  This led to a question by Selectman Mills relating to a week-long class that Mr. Kornechuk had been sent to regarding proper use of the exercise equipment at the Public Safety Building.

 

Boston Post Cane to be awarded to 104 year old resident (63:46 elapsed)

 

            Selectman Jenness related that the old Boston Post newspaper had presented similar canes to 700 towns.  It was meant to be provided to the oldest living resident.  It has become increasingly difficult to figure out who that person is.  Beth is unable to provide this information and HIPAA prevents the Webster from disclosing it.  A replica of the cane has been made so that the old one may be placed in the vault.  The town policy has been to award the cane to the oldest resident who has lived in Rye more than 10 years.  Return of the cane is required upon death or removal from town.

            Kathy at the Webster had reported to Selectman Jenness an upcoming 104th birthday celebration for Robert Mitchell, who lived on Brackett Rd. before moving to the Webster.  She proposed awarding the cane to him at that time.  Given the age, she does not think that there will be a lot of competition.  She said that the presentation was to be a surprise.

            Selectman Musselman suggested that they vote to award the cane to Mr. Mitchell.  In the event that an older resident steps forward, another replica can be made, he said.

            The motion to award the cane carried unanimously.

 

Town flag (69:51 elapsed)

 

            Selectman Jenness reported that she had met with Mike Mittelman regarding this.  There are minor tweaks as to the design (different shade of blue) and the question of the size and whether there would be grommets installed.

 

Captain John Smith ceremony

 

There was discussion about this ceremony and who would speak.  The governor and Senator Stiles will be present.  Selectman Mills stated that, since Mae Bradshaw would be in charge, it would be best that he not attend.  Editor’s note:  Ms. Bradshaw was his opponent in the 2014 election.

 

Adjournment (72:36 elapsed)

 

            Whereupon the meeting adjourned.