NOTES OF AUGUST 11, 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, Recreation Director Lee Arthur, Public Works Director Dennis McCarthy.

Persons present from the public included: Mae Bradshaw, Beverly Giblin (both left after Ms. Giblin’s appointment to the Heritage Commission), Joe Cummins, Chris Muns, Janet Stevens (Chairman, Recreation Commission, left after discussion of the Recreation Department relocation).

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 6:30:54 (0:00 elapsed)

Summary

1. Discretionary easement to permit eight acres of land owned by James Philbrick to remain in current use is discussed following site walk. Town Administrator is directed to confer with Town Counsel and the Town Assessor. The matter will be discussed at a subsequent Board of Selectmen meeting.

2. Recreation Commission decision to move operations to modular building at the Recreation Area pending completion of the Town Hall leads to extensive discussion about the poor timing of the request and concern that citizens will now argue that the proposed Town Hall can be reduced in size.

3. Paving of Parsonage Apartments parking lot will proceed this year. Paving of town-owned Congregational Church parking lot is deferred.

4. Request for more frequent bacteria testing of Parsons Creek leads to discussion about testing protocol and the lack of problem resolution after many years.

Announcements (0:00 elapsed)

Selectman Musselman announced that this meeting was the third session of the day, following the award of the Boston Post Cane to 104 year old Bob Mitchell and a site walk on Central Rd.

Consent agenda (2:57 elapsed)

Both event permits were approved without discussion.

Minutes (3:45 elapsed)

The minutes of the July 28, 2014 meeting were approved with a minor change. The minutes of the non-public session of the same day were approved without changes.

Appointment of Beverly Giblin to the Heritage Commission (4:42 elapsed)

Selectman Musselman noted that the matter had been tabled due to the absence of Ms. Giblin at the prior meeting. She was now present and reported that she moved to Rye about a year ago, however she had lived in the area for 20 years. Selectman Jenness moved to appoint Ms. Giblin to the Commission as an alternate for a three year term expiring in 2017. Selectman Musselman seconded. Selectman Mills then asked whether Ms. Giblin was a client of Ms. Bradshaw’s. Ms. Giblin responded that she was not. Ms. Bradshaw interjected that the question would be extraordinary, due to the attorney client privilege. Selectman Mills stated that the question had been addressed to Ms. Giblin. Selectman Mills stated that he was “trying to break up the cronyism on the Heritage Commission.” All were in favor.

Event permit for July 18, 2015 Kendall/Tassinari wedding on beach (6:49 elapsed)

Town Administrator Magnant indicated that he and Police Chief Walsh had met with the applicants. They have requested a continuance as they are looking at other sites for a significantly larger event and the beach might not be the best location for the wedding.

Discretionary easement request, James Philbrick (7:31 elapsed)

Selectman Musselman reported that the land on Central Rd. had been “walked” that afternoon at 5:30 with two members of the Conservation Commission. The parcel is eight acres, part of which is field and part of which is woods. It provides excellent access to conservation land behind it. The parcel is in current use but should not be, as it is too small, due to a 20 foot gap between it and an adjacent parcel under common ownership. Alden Philbrick, who owns the intervening land, is willing to agree to an easement and to permit signs pointing out the access to the conservation land beyond, Selectman Musselman indicated.

Selectman Mills suggested that the matter be tabled pending input from Town Assessor David Hynes. Selectman Musselman indicated that there were possible legal issues. Also, Conservation Commission member Jim Raynes requested that the easement be for as long a period of time as possible, not just ten years. The motion to authorize the Town Administrator to confer with the Town Counsel and Mr. Hynes regarding the matter and to come back to the Selectmen carried unanimously.

Recreation Commission relocation to modular building (12:51 elapsed)

Recreation Commission Chairman Janet Stevens addressed the matter. She stated that the existing square footage is 289 sq. ft. which, they expect, would be impacted during construction. They have 702 sq. ft. at the Recreation Area. Costs to move to the Rye Recreation modular building would include Internet access installation of $180 plus $42 per month. People coming to Town Hall for recreation matters typically do not have other town hall business. Recreation material is stored on 16 different sites. This would allow consolidation.

Selectman Jenness asked about the effect on heating. Recreation Director Lee Arthur indicated that the heat is turned up and down. As the area is used for storage, the heat is not turned off in the winter, she said. While the modular was put in place for programs, it is too small for those. Thus, the Congregational Church is primarily used for those, as well as the school. The Department would return once Town Hall has been completed, she said.

Selectman Musselman said that the existing building would not be impacted while the new building was being constructed. He asked whether they wanted to move out immediately. Ms. Arthur confirmed, stating that the current space is inadequate.

Selectman Musselman asked whether the idea of moving Recreation might work permanently, thus permitting a smaller building to suffice for Town Hall. He said that the timing was terrible. It might have been a different issue had it been raised two months earlier. He is surprised that there had been no discussion regarding this with the Town Administrator. He asked how long discussions about this had been ongoing with the Recreation Commission.

Ms. Arthur responded that it had been 2-3 months, and that it had not been brought to the Town Administrator’s attention earlier as she had not been sure that the Commission would move forward with the plan. Selectman Musselman responded that the design was now locked in. Now, people are going to say that, if the modular building is adequate, that the proposed Town Hall is too big and that space at Town Hall is not needed for Recreation. Ms. Arthur responded that they are not saying that the modular building is adequate, only that the space is better than what they have now.

Selectman Musselman appeared upset. He indicated that this was the wrong time, but they were now going to need to deal with the issue.

Selectman Jenness stated that the Recreation Commission would need to do the legwork to demonstrate that the modular building is not an adequate long-term solution. A number of citizens are seeking to shrink the size of the Town Hall addition, she said. Selectman Musselman asked whether, if the Town Hall is reduced in size so as not to accommodate Recreation, whether they would still want to move to the modular building. Ms. Arthur responded that she did not know. Selectman Musselman referred to the Town Hall project being on the verge of a “tenuous compromise” with regard to how much space is needed. He referred to traffic problems with the Recreation offices being located at the Recreation Area long-term.

Selectman Musselman indicated that, since Recreation had acknowledged that the modular building is acceptable the Selectmen would need to permit them to move. However, they will be faced with a decision on whether to build a smaller Town Hall that does not include Recreation. If that is an acceptable risk to them, they will proceed.

Town Administrator Magnant indicated that he has had concerns regarding the Recreation Department space, including the loss of storage space to accommodate the geothermal system. In addition, the back stairway is a safety issue for senior citizens, which are an increasing clientele, particularly during the winter. If this moves forward, the Recreation Commission will need to demonstrate why space is needed at Town Hall.

Selectman Musselman indicated that Recreation was asking that money be spent to accommodate them at Town Hall to move back in, and then move out again to better space. Editor’s note: This is a possible reference to the Recreation Community Center, included in the 2014-2019 CIP Plan at a cost of $2.545 million. Ms. Arthur responded, indicating that the request to move underscores the need for a new Town Hall.

Selectman Musselman asked whether the Sewer Office would also move. Ms. Arthur responded that she would drive between the Town Hall and the Recreation Area during the time that Recreation is located at the Recreation Area. Editor’s note: Ms. Arthur serves as head of the Sewer Department as well as the Recreation Commission.

(29:39 elapsed)

Selectman Mills indicated that he had been in favor of the proposal until he heard Selectman Musselman’s comments. He asked whether one or two members of the Recreation Commission could commit to attending the next few meetings of the Town Hall Committee. One “gentlemen” is indicating that, if a cellar is added, the size of the building should be reduced. “These people having been, you know, scrounging here and scrounging there to get… I mean you got a guy walking around with a tape measure, measuring out how big the office is going to be for a person to work with.” This is the wrong time to bring this up prior to an article being ready to go to Town Meeting which would include the size of the building. He suggested that the minutes or the videos be reviewed to see the “battles that these people have had to go through with a certain element.”

Lee Arthur indicated that she had attended some meetings and watched others. Unfortunately, she said, the Town Hall may be built too small. Selectman Musselman interjected that it may get smaller.

Selectman Mills indicated that “you Rec. people” would need to make a commitment to stand behind the Selectmen, as they were standing behind Rec. Some of those people are going to make the thing as small as they possibly can, he said.

Selectman Musselman indicated that, if that is not the case, people in the ramp up to Town Meeting will be arguing against the Town Hall.

Selectman Musselman explained the sequence of construction. The only impact during construction of the new building will be the loss of a few parking spaces. But, everyone would subsequently need to move into the new building for 4-5 months while the existing building is renovated. Those months are the real impact on Recreation, he said.

Selectman Mills indicated that, if Recreation goes to the meeting later in August, the first issue that will come up will be a reduction in the size of the building. Selectman Musselman stated that any reduction would need to occur in the next two weeks.

Joe Cummins, speaking from the audience, supported the convenience of having Recreation located at Town Hall.

Although no vote was taken, Selectmen Musselman and Mills agreed with the move and Selectman Jenness did not express opposition. Selectmen Mills asked whether the move would be completed by September 1. Ms. Arthur indicated that it could be before or after, depending on the level of activity.

Appointment of deputy forest wardens (40:34 elapsed)

Fire Chief Sullivan proposed that the new firefighter/paramedic, Jessica Downing, and two call lieutenants be authorized to issue burn permits as deputy forest wardens. The warden should be left in place until a new Fire Chief is in place. The motion to appoint the deputy wardens, and the incoming Fire Chief Lambert as forest warden when his appointment is official carried unanimously.

Purchase of road salt (41:54 elapsed)

Public Works Director McCarthy explained that normally this is purchased off of the State bid. International Salt has been used for five years. This company has now been purchased. There are two bids: Granite State Minerals at $48.43 per ton and International at $52.65 per ton. He is concerned that a relationship had been developed with International such that a shortage last year had not affected the Town. The average use is about 1200 tons annually. That would mean a $5200 difference in the salt bill for the year if the higher bid is accepted. Granite State salt is stored uncovered and can be heavy as a result. Granite State’s pile is across from the Sheraton and the closest to Town. Typical annual salt expenditure is $75,000 to $85,000 per ton.

Police Chief Walsh asked what would happen if a supplier ran out of salt and an emergency delivery needed to be obtained. Mr. McCarthy indicated that, once a contract is in place the supplier will do the best they can. Otherwise there is no agreement to assist in getting salt. In the past other bidders have said that they would honor the low bidder’s price so there has been no difference in price.

Mr. McCarthy stated that, although he signed the contract, Paul and D.J. O’Brien deal with the salt and they are the ones that requested that a higher bid be accepted. Selectman Mills asked which company Mr. O’Brien had worked for. Mr. McCarthy stated that he believed that he had worked for “the other one.”

Mr. McCarthy then stated that he did not have a problem going with the low bidder. While the salt may get wet when uncovered, that typically only affects the top portion and does not constitute an insurmountable issue.

There was then discussion about the salt use, despite a heavy winter. Mr. McCarthy stated that the new truck will have ground speed control, which will prevent the deposit of additional salt when the trucks are revving up at intersections. Once the application rate has been set, it will stay the same, regardless of r.p.m.’s.

Selectman Musselman moved to accept Granite State’s bid, while informing them that the moisture content of the salt would be monitored. Selectman Jenness seconded. All were in favor.

Mowing and catch basin cleaning (52:22 elapsed)

Mr. McCarthy stated that there was only one bid for mowing, at $80 per hour. The people last year and three years ago no longer provide the services. As the economy gets better, there will be fewer and fewer companies willing to mow roadsides. Typically towns do this themselves. They are looking at renting equipment for next year, but doing mowing in-house is not possible this year as two part-timers have been lost this year.

Catch basin cleaning has the same low bidder as the last three years, Wastewater Services out of Vermont. He recommends them again this year. There were two new bidders this year.

No action was taken as he is recommending the low bidders.

New business, introduction of Chris Muns as State Senate candidate (54:54 elapsed)

Chris Muns spoke from the audience, indicating that he is running for the State Senate from Rye. He offered to answer any questions. There were none from the Selectmen, however Joe Cummins had a question regarding Mr. Muns’ service on the Hampton School Board that he wanted the Selectmen to ask. Selectman Musselman indicated that this would be inappropriate as it would open the door to others doing the same thing.

Paving of Parsonage and Congregational Church parking lots (56:31 elapsed)

Public Works Director McCarthy addressed. He stated that the Town’s Attorney had looked at the contract last year, apparently referring to the Parsonage, and indicated that major maintenance was the responsibility of the Town. Mr. Magnant had spoken to the entity leasing the building and they had not scheduled the paving. He suggested that they hold off on the church parking lot. Selectman Jenness indicated that, if the Town Hall expansion passes, the church parking lot should be done at the same time. Editor’s note: This lot is on land owned by the Town and the current Town Hall proposal has access to the second level of the Town Hall from the church parking lot.

Little League sign placement (57:57 elapsed)

Selectman Mills suggested that the issue be postponed indefinitely until they get someone to come in.

Beach bacteria testing at Parsons Creek (58:13 elapsed)

Mr. Magnant addressed this under Old Business. He indicated that the most recent test at Parsons Creek had come back negative. As a result of meetings with DES and the testing company, it was suggested that a round of 24 hour testing be done, going from low tide to low tide, with testing every hour. This would help determine whether flushing was removing bacteria. The testing would be done at three different locations, he said.

Selectman Musselman indicated that, on an incoming tide, ocean water is being measured and it is going to be fine. He asked whether half of the samples could be eliminated as these tests are just measuring ocean water. Selectman Musselman suggested that the individual with the testing company get in contact with him by e-mail and respond by Wednesday.

Selectman Jenness said that they had been going around in circles for years. She asked whether it was possible to test individual homes. Selectman Musselman indicated that the problem was that the homes were probably 200 feet away, and the waste water was probably going through sand. Normally dye would be put in septic tanks, but the sand would filter this out. The dogs confirmed that it was human pollution at low tide, he said.

There was then discussion about a $50,000 or $75,000 project with the environmental company and the possibility of a grant.

It was then revealed that the signs that the Selectmen voted to have in place permanently had not been installed. Mr. McCarthy then appeared to agree to do this.

Non-public session on collective bargaining (67:36 elapsed)

Whereupon the Selectmen voted to go into non-public session by roll call vote.