NOTES OF SEPTEMBER 22, 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, Interim Fire Chief Thomas Lambert, Police Chief Kevin Walsh, Public Works Director Dennis McCarthy. Not present: Town Finance Director Cyndi Gillespie.
Persons present from the public included: Victor Azzi, Mae Bradshaw, Peter Crawford, Joe Cummins, Deidre Smyrnos, Dominique Winebaum, Sam Winebaum,
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 6:48:11 (0:00 elapsed)
Summary
Announcement of new Town Flag (0:23 elapsed)
Selectman Musselman
apologized for the late start to the meeting, and indicated that they had been
in a conversation with Town Counsel.
Selectman Jenness
announced the selection of a new Town Flag which was based on a design by a
Junior High School Student. She gave
credit to Dr. Michael Mittelman for initiating the competition, noting that he
is presently in the hospital, but that his daughter had shown him the
flag. She stated that the Board of
Selectmen had stated that they wanted to use the Town Seal. She held up an initial 2 by 3 foot version of
the flag. It showed a version of the
town seal on a blue background with yellow ribbons above and below. The other Selectmen, who had not previously
seen the flag, and the audience all reacted
favorably. The seal included three
dates: the date of first settlement, the
date that the Parish of Rye was established, and the date that Rye was
incorporated as a town. Editor’s note: Rye Historical Society President Alex Herlihy
had noted that the date of
incorporation of 1726 on the existing town seal was inaccurate, which led to
plans for a new seal with the three dates. Selectman Jenness noted that Dr.
Mittelman had been persistent in seeing the flag project to completion, and
that he had done so under the auspices of the Rye Historical Society. The vote to adopt the flag carried unanimously.
Consent agenda, Boy Scout popcorn sale (5:04 elapsed)
This event was
unanimously approved without discussion.
Climate Change Committee discussion (6:27
elapsed)
Zoning and Planning
Administrator Kim Reed stated that she had applied for a grant in December
2013. At the 2014 Deliberative Session a
motion had been made to add $10,000 to the budget to address climate
change. Editor’s note: The motion, which
was made by Steven Borne, was withdrawn after the Moderator and the Town
Attorney raised objections, but not until after extensive discussion. Ms. Reed stated that she was not recognized
until the end of the Deliberative Session to point out that the grant had been
applied for. Shortly after the
Deliberative Session the Town was awarded the grant, so the workshop was
conducted at no cost to the Town of Rye.
Ms. Reed then
introduced Julie LaBranche with the Rockingham Planning Commission, as well as
Chris Keely and Amanda Stone with the University of New Hampshire (“UNH”). The Steering Committee consists of her, Kevin
Walsh, Bill Epperson, Phil Winslow, Victor Azzi, Sam Winebaum and Danna
Truslow. Ms. Truslow apologized that she
could not be present, Ms. Reed said. Editor’s note: The resources page on the Town website is at
http://www.town.rye.nh.us/pages/RyeNH_BComm/prepare/S01CD27D1-01E9ABE1. The RCL has also prepared a summary, which is
at http://ryecivicleague.org/?p=1812
Amanda Stone then
explained that UNH has been funded by NOAA.
She explained the communities participating to date, which include
Hampton, Hampton Falls and Seabrook. She
also referred to the New Hampshire Coastal Risk Assessment Commission, of which
Phil Winslow is a member.
Chris Keely then went
through a description of what transpired during the workshops. He stated that all of the discussions are
available online.
Julie LaBranch stated
that the seven communities in coastal New Hampshire, from Portsmouth to Seabrook
are being assessed as to vulnerability and the hazard mitigation plans are
being updated on a five year rolling schedule.
These are required by FEMA and the existence of a plan makes communities
eligible for disaster relief and grants.
(23:34 elapsed)
Ms. LaBranche stated
that there are two impacts. The first is
sea level rise, which has been 6 to 8 inches along the northeast coast over the
past 90-100 years. They will be modeling
additional sea level rises of 1.7 feet, 4.0 feet and 6.3 feet on top of mean
high which is the average over 18 years.
Secondly, the storm surge will be modeled, which will be based on new
data for the 100 year storm surge. There
will thus be six scenarios, the three sea level rises with and without the
storm surge. A series of maps will be
produced showing the extent of flooding.
The impact will be ascertained with statistics, for example including
the number of road miles impacted or the amount of area flooded.
In response to a
question from Selectman Musselman, Ms. LaBranche indicated that the work should
be done by the end of November.
(32:50 elapsed)
Phil Winslow then
spoke. He referred to an October 1
meeting with the Police and Fire Departments, Public Works and the Building
Inspector. They are looking at
vulnerabilities. The science projects a
rise in sea level of 1.3 to 1.7 feet over the next 35 years, he said.
Selectman Musselman
said that everyone is looking at what can be done. It is a complex question. Once the maps are put together the development
regulations will need to be looked at.
It will be some number of years before the Town is ready to take action,
he asserted. He pointed out that he had
seen a publication that projected a sea level rise of 216 feet if the ice caps
melted. This would take 5000 years at
the current rate.
The discussion then
turned to evacuation routes, bulk generator purchases and cell phone
coverage. Selectman Musselman stated
that the lack of cell phone coverage is a public safety risk in the event of an
injury along the north part of the coast.
There had been discussions about suitable locations for a tower but
these had stopped.
Sam Winebaum stated
that he had been honored to serve on the Committee. A lot of good work has been done. He suggested that the new Town GIS system, as
described in the Town newsletter, might permit assessed values to be overlaid
on the other data so that the risk to private, as well as public, property
under various scenarios could be ascertained. .
Editor’s note: The article appears on pages 6 and 7 of the
September 2014 newsletter. The GIS
system may be accessed at http://www.caigisonline.com/RyeNH/Default.aspx?Splash=True. Microsoft Silverlight (a free download that
runs on Macs and PCs) is needed to access the system. Sadly, there is still a lot of doubt and
dancing around the issue, Mr. Winebaum said.
Rye needs to tackle this issue quickly, he said.
Bacterial contamination in Parsons Creek
Watershed (46:36 elapsed)
Kim Reed introduced
Emily DiFranco of FB Environmental. Ms.
Reed stated that the town had been trying to identify problems with Parsons
Creek (“Stinky Creek”) since 2008. In 2012
a grant was used to hire FB Environmental.
“Hot spots” were identified.
During the summer of 2013 planting was done along the buffers with the
help of the DPW team. A rain garden was
also installed on Brackett Rd. This work
was used as a match for the grant.
Wright Pierce was also hired for an environmental study that has not yet
been implemented. Last summer, septic
sniffing dogs were utilized.
Door-to-door surveys were conducted to ascertain where the septic
systems are. It has been ascertained
that the contamination is human, not animal.
The residents were generally very cooperative, although a few denied
access. There were also a lot of
renters, who could not answer the questions.
She and Emily DiFranco met with New Hampshire DES for an interview. They want to do a second phase to take this a
step further.
Emily DiFranco then
made a presentation. She showed a map of
the Parsons Creek Watershed, which consists of approximately 2.5 square miles
and extends from Concord Point to Wallis Sands State Beach and beyond. This watershed, which consists of all of the
land that drains into the ocean near Concord Point, is considered impaired due
to the high bacteria count. Although
this is one of many such areas on a “303(b)” list, the impairment means that
something must be done to bring the numbers down. In addition to bacteria, there are issues
with PCBs, mercury and dioxins. These
are more difficult to deal with as they are in the sediments. When counts exceed a limit, the related beach
is closed for 24 hours and the test is repeated. The beach remains closed until the levels are
reduced. Wallis Sands State Beach and
Wallis Rd. Extension have not had advisories.
There have been 4 advisories at the Parsons Creek outlet since 2003,
which is not too bad, she said. Editor’s note: Subsequently, Ms. DiFranco indicated that the
water generally flowed south after exiting Parsons Creek and flowing into the
ocean.
Ms. DiFranco showed the
cover page of a May 2011 report entitled “Parsons Creek Adaptive
Watershed-based Management Plan.” This
was based on work that FB Environmental had done with the Town of Rye.
The sources of
contamination, based on the models and times of year that bacteria counts are
high, are from storm water runoff and septic systems. Properly maintained septic systems are not a
problem, it is those that are not properly maintained that are a problem. Wallis Sands State Park has a large septic
system, she said.
Ms. DiFranco referred
to BMPs consisting of rain gardens and bio filtration. Editor’s
note: BMP refers to “best management practice.”
These are on Wallis, Brackett and Marsh Roads and Geremia St.
The town does not have
septic records unless a septic system has been upgraded or some sort of permit
has been needed. If that was ever done
an approval would be in the file. They went
through the Town and State files and put the information in a database. There are quite a few properties for which
they have no data. Of 123 parcels
investigated, 107 have been built on. Of
those, they have installation dates for 61 septic systems. Of these 26% were installed since 2000. This is not many. Septic systems have a typical lifetime of
20-40 years, depending on maintenance.
Selectman Musselman
stated that a lot of these are on a barrier beach. These are a lot more at risk, particularly
when there is a salt marsh in the back yard of the property. He asked Ms. DiFranco whether she was
confident that all of the parcels could support a septic system that works
well. Ms. DiFranco responded that she
was not. Parcels on the beach often have
no room for a leach field, which may mean a variance allowing for a holding
tank, she said.
Ms. DiFranco pointed
out problem areas on a map. These were
on the eastern part of Wallis Rd., Brackett Rd. near Geremia St., Marsh Rd. and
at the Parsons Creek outlet.
She showed the
contamination data for 2014, which appeared to be down from 2013. However, there were more flash storms in 2013
so it cannot yet be said that this is a downward trend. There is also a seasonal component to the
contamination, with levels low prior to July, and increasing in July as people
arrive. After rain storms there are very
high bacteria contamination levels which likely indicates storm water runoff
issues.
In response to a
question from Selectman Musselman, Ms. DiFranco indicated that the runoff
issues could be coming from septic systems.
She described how high water tables often cause leach fields to be
washed out when it rains, increasing the contamination levels in the water
runoff.
With regard to the
contamination near Brackett Rd. and Geremia St., Selectman Musselman asked
whether that was the area that had buffalo.
Selectman Mills interjected that he had spoken with the resident, and he
has only two buffalo. Kim Reed said that
the problem is near the Massacre Site and referred to a clogged culvert. Ms. DiFranco disagreed and described that as
a separate location.
Ms. DiFranco then
showed the map indicating where the septic sniffing dog had indicated positive
responses. Four locations were near the
Parsons Creek outlet and one was between Wallis Rd. Extension and Wallis Sands
State Beach. Ms. DiFranco indicated that
she had never seen the dog so adamant that he had found something. The particular septic sniffing dog used is
trained to sit down if he detects human waste in the water sample, she said.
In response to a
question from Selectman Musselman, Ms. DiFranco indicated that Appledore Ave.
and Marsh Ln. (sic) had not been investigated.
In response to another question from Selectman Musselman, Ms. DiFranco
confirmed that the absence on the map of red dots inland does not indicate the
absence of dog response, but simply the fact that they did not go there.
Ms. DiFranco indicates
that DES had come out while they were there and took a sample near Petey’s
Restaurant that showed a very high bacteria count. DES also paid for the lab analyses, which is
unusual.
The discussion then
turned to septic pump out ordinances. A
lot of towns now have these, she said.
Some apply only within 250 feet of a water body, others are town
wide. The initial evaluation is the most
work. There are then often required
intervals for pump outs, typically 3, 5 or 10 years. York, ME has one of the most advanced
ordinances which provides for pumping every 3 years in watershed protection
areas and every 5 years elsewhere.
Selectman Musselman
stated that Rye had talked about this 30 years
ago.
Ms. DiFranco stated
that the Meredith, NH ordinance requires proof that a septic system is not in
failure every 5 years if the system is within 250 feet of a water body. In Yarmouth, ME all residents pay a sewer
bill, and the town provides pumping at no additional charge for those with
septic systems.
Ms. DiFranco indicated
that there is not a lot of money available to help residents with septic
systems. A lot of people cannot afford
the $20,000 to $40,000 cost, she said.
The discussion then
turned to the new grant application. It
includes money for up to 20 free septic evaluations, $5000 towards septic
replacement for each of 5 homes (the funds flowing through the town). Meredith, NH is doing something similar and
is working off of a list of “dirty 30” homes.
Selectman Musselman
again questioned whether all of the homes in this drainage basin that are
contributing to the bacterial contamination exist in conditions where they
could have septic systems that would work.
That should be the first question to answer, basin wide, he said. He also raised legal issues with regard to
providing $5000 to only some homeowners when there may be others where a septic
system would not work.
(98:04 elapsed)
Selectman Musselman
continued, stating that, after fixing five homes, the town may “conclude later
that we have no choice but to get this wastewater collected and dealt with in a
community leach field off site or connected to Hampton, or something…” The next step, rather than to fix four or
five problem homes, should be
“an eyes open assessment as
to whether or not this drainage basin can be served by on site septic
systems. And that’s been a question in
Rye for 30 years. We now have a smoking
gun. We know that it doesn’t work at
Concord Point. We know it doesn’t work in
the east end of Wallis Beach (sic) and there are questions as to whether it’s
working at Wallis, Appledore and Marsh Rd. and what not...”
He suggested an evaluation of homes in problem areas and indicated that
half of those might need to be served by something other than an on site septic
system.
Ms. DiFranco indicated
that the grant funds could not be increased.
The allotment might be changed, she said. The DES would want to see some replacements
however, she said. She said that all of
the homes that would have a septic system replacement would have a site
evaluation first.
Ms. DiFranco stated
that they had asked for $100,000 and DES agreed to provide $70,000. A match of $45,000 would be needed, most of
which could be in kind.
There was then
discussion about the signs warning of water quality issues. Public Works Director Dennis McCarthy
indicated that he believed that they had been picked up for the season. Selectman Musselman indicated that a
permanent sign was needed. Victor Azzi,
speaking from the audience, indicated that there were no signs at Wallis Sands
State Park or at Wallis Rd., points at which the beach can be accessed. Those traveling to the Parsons Creek area by
walking along the beach would not see any signs, he said. Mr. McCarthy indicated that there were signs
at multiple locations, but the ones on the beach frequently fell down due to
the tides. Only those in the parking
area stay up, he said. Editor’s note: See the notes of the July 14, 2014 meeting,
at which permanent signs at the Parsons Creek outlet were agreed to.
(109:50 elapsed)
Mr. Azzi asked about
Hampton Beach and Wallis Sands Beach which he said are invariably are said to
be among the cleanest beaches in New England.
Selectman Mills responded “you can figure that one out, you ain’t that
dumb. I said it’s promoted by the State
of New Hampshire as a tourist attraction. Hampton Beach and Wallis
Sands. That’s why you’ve got
clean beaches.”
Ms. DiFranco asserted
that the water from Parson’s Creek flows south and does not come near Wallis
Sands State Beach. Mr. McCarthy said
that the problem is only at low tide. “The
answer to pollution is dilution,” he said.
Joe Cummins asked about
the rate structure in Meredith.
Sam Winebaum referred
back to the earlier presentation and said that rising sea levels will make
water tables higher and septic systems less and less feasible. He questioned whether many of the homes west
of Route 1A even have septic systems.
Selectman Mills asked
about FP Environmental’s suggestion about moving the portable toilet from the
bank near Wallis Rd. Ms. DiFranco stated
that there are high bacteria counts in the area and any sort of crack or a leak
would be a problem. Mr. McCarthy said
that these were not the Town’s toilets.
Selectman Musselman questioned whether the toilets could really be a
risk. Kim Reed clarified the ownership
of the toilet and referred to it as belonging to the same person who owns the
Red Roof Market and the little surf shop.
The Town has no control over it unless he sells the property or comes
before the Planning Board for a site review, she said. Selectman Mills asked whether it was a public
health issue. Selectman Musselman said
that it was probably not a public health issue unless it overflows.
Victor Azzi stated that
he supported the proposed direction. He
stated that, in the beginning, regular, recorded pump outs are needed, and the
failed systems need to be replaced. But,
there are houses with no systems at all.
He asked how these would be identified.
Selectman Musselman stated that the process would be to go house by
house to determine which lots would support systems.
Selectman Mills
mentioned that Concord Point had only one house in 1978 and the road has since
been rerouted. There was then discussion
about the homeowners in that location. Selectman
Mills questioned paying $5000 to help someone with a summer house on the beach
put a septic system. There would be a
lot of objections from those inland.
“That ain’t happening,” he said.
Selectman Musselman
stated that Town Meeting approval might be needed to provide funds to
homeowners. Selectman Mills said that
those who would be getting the benefit are not even voters in Town. Ms. DiFranco said that she would talk with
DES to see if the money could be provided directly from them to the homeowners. Selectman Musselman said that that would be
much better.
Increase in ZBA fees (120:18 elapsed)
Ms. Reed pointed out
the high cost of publishing notices in the Portsmouth Herald. It is $24.19 per column inch with a $30 flat
charge for online posting, she said. The
current fee is $50 per applicant. The
ZBA has approved an increase to $80 which would cover their charges. She rattled off a number of other charges per
application and per abutter.
She then stated that a
lot of complaints were being received from neighbors who are not direct
abutters and thus did not receive notice.
Dover and Portsmouth require the posting of signs. They will be buying signs, which would cost
the applicant $8. The size is 3 by
4. Selectman Mills asked about maximum
size under town ordinances. The response
was that it was 2 by 2. Ms. Reed
indicated that they would be limited to that size. Posting would be required 7 days before the
hearing. Selectman Mills moved to
approve the fee increases. Before there
was a second, Town Administrator Magnant noted that a public hearing would be
needed prior to an increase in fees.
Selectman Mills then moved to schedule a public hearing and Selectman
Jenness seconded the motion. All were in
favor.
Ms. Reed indicated that
she will be asking the Planning Board if they would like to do the same thing
with regard to the signs and legal notices.
Recycling Education Committee, donation of swap shop goods, pay as you
throw (124:23 elapsed)
Selectman Musselman
read the agenda item, which requests permission for the DPW to donate swap shop
items to the local charity New Generation.
Deidre Smyrnos and an unidentified woman were present. The unidentified woman indicated that New
Generation would come weekly on Monday and pick up goods from the swap shop
that would otherwise be thrown out.
Selectman Mills cautioned that they would get some static as some people
are regulars at the swap shop. The woman
indicated that she is referring to items that are being thrown out. She said that it is a “no brainer” as the
Town has to pay for what is thrown out.
Selectman Musselman
indicated that Public Works Director Dennis McCarthy could deal with the
issue. Mr. McCarthy stated that he does
not have the authority to give away items that the Town might believe have
value. That led to a discussion focusing
on the point at which items are transformed into trash having no value.
Mr. McCarthy stated
that the swap shop is cleared once or twice a week as there is insufficient
room. Tuesday mornings the items are put
in the dumpsters. In the process, what
is on the floor is placed on the shelves and items that have been present for a
long time are thrown out. Mr. McCarthy
said that the proposal is that the charity will cull through the items on
Monday, prior to the DPW restocking the shelves. He cautioned that it would need to be done on
Monday when nobody is there, lest there be fights.
Selectman Mills related
a story about how someone had taken his jacket off and had it discarded during
the restocking process. He submitted a
bill for $25. Mr. McCarthy stated that
they can only do work in the swap shop in Mondays, otherwise people will take
the tools.
Selectman Musselman
stated that, as long as the Recycling Education Committee is present, he has
noted that it appears that the Committee is seeking to come before the Budget
Committee to present their proposed pay-as-you-throw program. Editor’s
note: See the notes of the June 23, 2014
meeting during which it was proposed that residents be required to purchase,
for $2.00 each, special trash bags to discard their trash. Recycled trash could still be discarded at no
charge. Selectman Musselman stated
that they do not yet have the support of the Board of Selectmen, in fact he is
not sure that they have any support on the Board of Selectmen. It is not clear that this will become a Town
warrant article, he said. Ms. Smyrnos
indicated that there was interest in this among the members of the Budget and
Energy Committees and they wanted to make a presentation.
Bid results, Wallis Road Box Culvert construction
(130:41 elapsed)
Dennis McCarthy stated
that WP Davis Excavation had provided the lowest bid, which was $137,795. Costs incurred to date include $10,000 to
Wright Pierce for bidding and construction services and $22,000 for the box culvert
which the Town is purchasing. As a
result, they are approximately $20,000 over the warrant article approved sum of
$150,000. Editor’s note: 2014 Warrant
Article 11 provided this sum, passing 1075-534.
They will be meeting with WP Davis to see if some money can be
shaved off of the bid. There are also
other Public Works funds that can be redirected, he said. They will be coming back to the Board of
Selectmen. The proper process is to
award the contract and then renegotiate with the low bidder.
There was then
discussion about whether the box culvert would be shortened. The guard rails may be shortened and the road
may be shut down as the bidders were concerned about the need to keep the road
open. They may be able to complete the
work with a 2-3 day closure. Mr.
McCarthy stated that the box culvert had already been purchased, so shortening
it is not an option.
Selectman Jenness
raised the issue, which she had seen on television, of guard rails that become
spears during a collision. Mr. McCarthy
stated that the ends of the guard rails has been a
controversial issue. They swing the ends
back in a big curl so they cannot be hit.
Heisey request for restoration of involuntarily merged lots (134:05
elapsed)
The matter was tabled
until requested information is received regarding the lots in question.
Receipt of Roads Scholar status for Roy Hill (135:08 elapsed)
Dennis McCarthy
summarized the program, which is set up through UNH. There is funding from federal highway
funds. After 20 years Roy made Scholar
1. A couple of guys are already Scholar
1 and will be becoming Scholar 2. There
is one Master Scholar is the highest level. There is also a plow driver
competition. That led to discussion of
the course, and whether it still includes the avoidance of hanging
mailboxes.
Letter from Peter Crawford regarding
violation of right-to-know law with regard to Town Hall Committee Working Group
meeting (140:10 elapsed)
Selectman Musselman
suggested that the letter be included in the minutes. He stated that Mr. Crawford had referred to a
Town Hall Committee Working Group meetings had been intended to consist of
three persons. This informal subgroup
had been meeting the previous Thursday.
Unknown to Selectman Musselman and Jenness, both attended. Selectman Musselman said that they:
“both sat and listened to the
first part of the meeting, which was a meeting with the structural engineers
for the first time since an issue regarding the structural renovation of this
building came up and Peter is absolutely correct, with both of us there it
became a Selectmen’s meeting. It was
inadvertent. You can chastise us all you
wish, we apologize for having done that inadvertently.”
The matter will be referred to Town Counsel to see what they need to do
differently, he said. He is of a mind
that they should not have Working Group meetings, but only full Town Hall
Committee meetings, he said.
Selectman Jenness added
that the Working Group came about because the architect wanted to meet during
the day to move things along. As soon as
the discussion was over she left, and she heard Selectman Musselman say that he
needed to leave to go to work. They were
not present for the subsequent discussion.
Editor’s note: The architect
working on the Town Hall design has discovered that the existing building is
structurally deficient. The structural
engineers, working under subcontract to the architect, came to the meeting of
the Working Group to present their conclusions and two options for resolving
the deficiency. The first option
entailed visible interior steel reinforcement, estimated to cost approximately
$67,000. The second option would provide
an invisible solution involving the replacement of eight vertical members
within the walls with steel, estimated to cost approximately $144,000. See the notes of the September 11 and 18,
2014 Town Hall Working Group meetings and the videos of the meetings. The video of the first meeting may be found
at https://vimeo.com/106236576, the
September 18 video is on the Town website.
Following the presentation of the structural engineers, the group
convened upstairs to observe the Great Hall and ascertain how the aesthetics of
the first option. During that
discussion, Selectman Musselman in particular had extensive questions and
comments and Selectman Jenness also participated in the discussion. To say that the Selectmen “sat and listened”
is misleading.
Selectman Musselman denied that a decision
had been made. There was a straw poll taken. The decision would be made by the full Town
Hall Committee at its meeting on September 30, he said. Editor’s
note: In fact, 4 of the 9 members of the
Town Hall Committee participated in the straw poll, and Mr. Crawford’s letter
asserts that Town Clerk Beth Yeaton, who is a member of the Town Hall
Committee, polled the two Selectmen following the meeting, thus ascertaining
that 6 of the 9 members favored the second option.
Selectman Musselman asserted that Mr.
Crawford’s letter incorrectly asserted that the Public Safety Building was over
budget. In fact, expenditures were less
than those authorized and money was returned to the General Fund, he
asserted.
Editor’s note: In fact, the
letter refers to a perception in town that there were “serious cost overruns,”
and did not assert that it was over budget.
The reference to “cost overruns” refers to the fact that there were
assertions that substantially more than the contracted amount was spent, not
that the much higher amount appropriated by taxpayers had been exceeded. See in particular the minutes of the January
12, 2004 Board of Selectmen meeting (referring to a $3,844,105 bond issue for
the Public Safety Building) and the minutes of the October 29, 2004 Board of
Selectmen meeting (referring to a low bid from Horne (to whom the contract was
ultimately awarded) of $2,850,000). These figures are cited merely to
demonstrate that it is misleading to compare the ultimate cost to the budget
when the contracted amount (based on the low bid) was substantially less than
the budget. It must however be
recognized that this is not a true “apples to apples” comparison as there are
differences between what is included in each figure.
Mr. Crawford, responding to Selectman
Musselman, stated that he was not opposed to the Working Group, which is
legal. However, it is itself a public
body and must have noticed meetings and minutes.
Selectman Jenness,
referring to the May 3 minutes of the Town Hall Committee, stated that the
minutes reflect that Selectman Musselman had asked whether the Working Group
meetings would be noticed. Mr. Crawford
acknowledged that this was a positive comment which raised the issue, and
reiterated that the meetings should have been noticed.
(144:13 elapsed)
Selectman Mills raised
his voice and asked whether Mr. Crawford was asserting that they were trying to
do something dishonest. Mr. Crawford
responded that he was not. He stated
that his intent was to make sure that everything is open.
Selectman Musselman
stated that the workings of the Town Hall Committee have been open since day
one and the public has been invited and they have endeavored to notice them and
have people involved. They had not
thought in detail about inviting the public to the Working Group meetings as
the whole Town Hall Committee had not even been invited, although they were
welcome to be present. But, a smaller
group was needed. They are working their
way though it and trying to comply as they know they must, he said.
Beavers and muskrats (145:32 elapsed)
Public Works Director
Dennis McCarthy stated that some complaints from residents had been received
regarding beavers and muskrats on private property and on Conservation
Commission property. He stated that a
policy is needed. He referred to a
complaint at 750 Central that Selectman Mills had received. They went to look at it, and there is a small
beaver that may be looking to relocate into other areas.
Eventually the beavers
may plug up culverts, which is the point at which it
should be dealt with, rather than going onto private property. Trappers are hard to find. They now look at it as varmint control, which
can cost $500 per beaver. The beavers
may be passing through the culverts but are not plugging them yet. They will flush the culvert with water to
make sure that it is not plugged.
Solid waste disposal contract bids (148:37 elapsed)
Selectman Musselman
announced that the Town’s current cost is in the high $70s per ton, and that
proposals have been received for $61 or $68 per ton with some adjustments
depending on how many communities participate in the arrangement. Mr. McCarthy will be coming back to the Board
in October and a decision will need to be made as to which of the two proposals
will be accepted.
Mr. McCarthy stated
that the current cost is approximately $78 per ton. The hauling contract will probably be re-bid
July 1. Selectman Musselman stated that
Rye could not determine which option is best until it is determined whether
other communities want to remain part of the arrangement. If Rye is going to withdraw from the
District, a warrant article to be voted on in March would be needed, which
means that a decision will be needed by December, Selectman Musselman said. Mr. McCarthy stated that the District would
be meeting on October 1. Editor’s note: See the notes of the June 9, 2014 meeting at
which this issue was discussed.
Selectman Musselman stated at that meeting that he would be recusing
himself from this matter as he is the District Engineer for the Solid Waste
District.
Burned out exit sign light (232:11 elapsed)
Selectman Mills
compliment the new Fire Chief, Chief Lambert.
He has only been with the Town for a week and he has already noticed
that the exit light in the back of the courtroom is faulty. The old Fire Chief was with the Town for
seven years and did not notice it.
Selectman Musselman looked at Chief Lambert, who was sitting in the back
of the room, chuckled and said, “congratulations,
Sir.”
Adjournment (152:49 elapsed)
Whereupon
the meeting adjourned at 9:21 p.m.