NOTES OF OCTOBER 15, 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,

Interim Fire Chief Thomas Lambert, Police Chief Kevin Walsh, Public Works Director Dennis McCarthy, Recreation Director Lee Arthur. 

Persons present from the public included: Victor Azzi, Cecilia Azzi, Mae Bradshaw, Peter Crawford, Tracy Degnan, Paul Goldman, Sally King, Ned Paul, Jim Raynes, Diedre Smyrnos.

 

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 6:33:34 p.m. (0:00 elapsed)

 

Summary

 

1.                            Capital Improvement Plan with four major projects totaling $14.775 million through 2020 was accepted by the Selectmen.

2.                            Fees were increased for ZBA and Planning Board applications.  ZBA applicants will be required to post signs prior to hearings.

3.                            The Selectmen are moving towards approval of the conservation acquisition of the back portion of the former Rand Lumber parcel for $1.25 million with the scheduling of a site walk.

4.                            Selectmen approved application by the town for a grant aimed at cleaning up septic problems in the Parsons Creek watershed.

5.                            Wallis Rd. will be closed for a week, permitting a $10,000 reduction in the cost overrun on the culvert replacement.

6.                            The Selectmen will pursue a contract with Waste Management for waste disposal.  Selectman Musselman recused himself from the vote as his firm was involved in the evaluation of bids.

7.                            A short list of four pre-qualified firms for Town Hall construction was approved.  The process of hiring a Clerk of the Works to monitor construction will proceed.  The Town Hall Committee would be responsible only for details like color selection and flooring.

 

Announcements (0:37 elapsed)

 

            The election on November 4 was announced.  Selectman Jenness stated that town property was not the place for yard sale signs.  Selectman Mills referred to Shaheen signs on Grove Rd.

 

Consent agenda (1:52 elapsed)

 

            All six consent agenda items were approved without discussion.

 

Capital Improvement Plan public hearing (3:39 elapsed)

 

            Ned Paul of the CIP Committee introduced the plan.  He enumerated the other members, including Ray Jarvis, Chairman, Mae Bradshaw, Clerk, Jeanne Moynahan, School Board Representative, and Phil Winslow, Planning Board Representative.  This is the fifth year that the plan has been done.  The program has been condensed down to four months.  Mr. Paul passed out a single page summary.  He then listed the projects for the upcoming year and their priorities.  He referred to a “quint” fire truck replacement at a total cost of $350,000, with a first-year cost of $80,000.  Another large expenditure is a second ambulance.

 

(8:41 elapsed)

            Selectman Mills asked whether there was a way to separate out the Rye Water District.  They don’t want to be involved with us and vice versa, he asserted.  He said that the District has been “screaming” at him.  They do not want to be bothered by project requests, he said.

            Selectman Musselman stated that public input in the past was that all of the capital improvements needed to be seen.  However, they are different political entities.  Water projects are not being seen for Rye Beach and Jenness Beach.  Editor’s note:  Water service in that area is provided by Aquarion, which is a company, not a political entity with taxing authority.  Selectman Musselman stated that he agrees with Selectman Mills.  They have their own process and approval mechanism and a different set of voters, he said. 

            Mae Bradshaw stated that the CIP Committee had felt that the Selectmen should weigh in, as well as Town Counsel.  Selectman Musselman stated that he did not feel that there was a constraint, but agreed that this should be looked into.

            Mr. Paul referred to four projects which will require bonding.  These are (1) Town Hall renovation, with a cost of $3.8 million in 2016 (the year of first payment on the bond), which he recognizes is not the final number; (2) the Recreation Community Center building, $2.475 million, which was agreed by Recreation to be pushed out to 2017; (3) another $3 million for Conservation in 2017; and (4) the Water Treatment Plant for $5.5 million in 2018.  This has been in the plan as a “place holder” for a number of years, he said, in case the water quality declines.

 

(14:46 elapsed)

            Mr. Paul stated that the tax effect is one cent per $1000 in property value for every $17,682 spent on capital projects.  He referred to the 2015 projects adding $.92 per $1000 in property value.

            Selectman Musselman opened the public hearing and then suggested that, prior to expenditures for the Recreation Community Center a Building Committee should be formed, including representatives from the Recreation Commission, town staff, the Budget Committee, contractors and Recreation users.  This would allow lots of input into the process and start building community support for the project if it is ever going to go forward.  With regard to the bridge at Rye Harbor, he suggested that the project, which had been pushed out to 2018, be tackled sooner, while it was still possible to rehab the bridge.

            Selectman Jenness agreed.  She stated that, if the Recreation Commission is solely responsible, they would be working in a vacuum.  She also stated that the effect on the tax rate would need to be recomputed after taking out the Hampton water and Rye Water District projects.

            Selectman Musselman stated that estimating the rise in the tax rate is probably an unfair characterization.  The tax rate is set based on expenditures, assessed value and revenues.  All of those things come into play.  The expenditures represent $.92 in the tax rate but it doesn’t result in a rise in the tax rate rise of any amount.  That is mostly dictated by other things, he said.  They regularly find revenue going down and the tax rate going up, and vice versa.  We have no idea what our taxes are going to be, he said.  Editor’s note:  This statement is misleading. The largest portion of the revenues is vehicle registrations (property taxes are not considered revenues in the tax rate calculation as they are the end result of the tax rate calculation, not a component of it).  Also deducted from taxes is an amount from the prior years’ surpluses (in recent years the maximum possible amount has been applied to reduce taxes).  Added to taxes is an estimate for abatements that will need to be granted.  While there can be fluctuations from year to year, to suggest that taxes are not driven primarily by expenditures is misleading.

            Ned Paul stated that the Transfer Station Renovation is not included in the document as it came late in the process.  It should be part of the CIP plan next year.

            Paul Goldman thanked the CIP Committee for the report, which is a good tool.  He asked whether the Town Hall boiler and oil tank should be a priority 2 given the ongoing Town Hall project. 

 

(23:27 elapsed)

            Mike Magnant stated that he had discussions about these items with the CIP Committee.  They wanted to be comprehensive.  Seventy percent of the load has been taken off of boiler by the geothermal system.  The tank has been pumped and inspected.  It is felt that the tank is secure.  Selectman Musselman asked whether the items were budgeted in case the vote on the Town Hall fails to pass.  Mr. Magnant said that this would be up to the Selectmen.

            Mr. Magnant clarified that the proposal for the new building includes a new boiler, which would probably be propane.

            Recreation Director Lee Arthur clarified that sufficient funds are on hand to pay for the $50,000 study on the Recreation Community Center.  It would need to be appropriated, but would not increase the tax rate, she asserted.

 

(26:27 elapsed)

            Peter Crawford stated that a very comprehensive and very thorough job had been done, as usual. 

            With regard to the Recreation Community Center, he said that Selectman Musselman’s idea of forming a Building Committee is a good one.  The Town needs to decide what they want to do and how much they want to spend.  His personal feeling is that the $2.5 million is larger than what would pass, but something needs to be done at Rec., just not something that is so grandiose.

            The Conservation bond of $3 million in 2017 is a concern.  The Town had been spending about $.5 million per year on conservation acquisitions.  Five million dollars had been voted around 2002 and that lasted through about 2012.  If there’s another $3 million bond in 2017, the Town would be on a track where it is spending about $1 million per year on Conservation.  Editor’s note:  The voters approved a $3 million bond in early 2014.  It is a good thing to spend money on Conservation, but if it goes up to a million dollars a year that has a tax impact.  It may well be that the voters would be unwilling to vote for this, particularly considering that the bond issue passed by only six votes last time, he said.  He stated that he believed that people had in mind a continuation of the $.5 million annual spending rate, rather than $1 million annually.

            With regard to the Water District, Mr. Crawford stated that he believes that capital items go into the Water District tax rate, which is $.50 or $.60.  The fees to the customers pay for the operating costs:  the salaries, the costs of running the trucks, and the electricity to run the pumps.  If this goes through it would have an impact on the tax rate in the Water District.  In fact, it’s a “double whammy” because the assessed valuation in the Water District is only approximately $1 billion.  In the Town as a whole, it’s approximately $1.7 billion.  The Water District is 60% or two-thirds of the Town’s total assessed value.  The rule of $17,682 does not apply to the Water District taxpayers.  It is a smaller number.  Editor’s note:  He was referring to an expenditure of this amount raising the tax rate by $.01, referred to earlier.  The $5.5 million for the Water Treatment Plant is the equivalent of a $7 million to $8 million project for the Town in terms of its impact, he said.

            All of the projects in Town need to be included in the CIP Plan, but it needs to be broken out so that the effect for the total town and for the Rye Water District could be seen.  The same could be done for the Rye Beach and Jenness Beach Districts.  Currently, there are no large projects in those districts, so it really doesn’t make much difference.  However, there is a huge impact in the Rye Water District in terms of the projected taxes if the Water Treatment Plant goes through, he said.

            Mr. Crawford stated that he has not redone the analysis based on this year’s plan, but when he did it based on last year’s plan, even with all of the items that are being paid off, including the Conservation Bonds and the Public Safety Building, if everything goes through we’re looking at a couple of dollars increase in the tax rate, particularly in the Rye Water District.  It’s not like there’s a lot of extra money to spend, and that figure was before the $3 million additional Conservation bond in 2017 was added to the plan.

            Most of the projects this year are fairly small, Mr. Crawford said.  He referred to the $350,000 fire truck, and asked when that was actually going to be bought.  Selectman Musselman said that it had not even been proposed.  He asked whether the $80,000 appears this year so that the money could be accumulated for the purchase of a truck three or four years down the road.  Ned Paul indicated that they are requesting the purchase of the truck in 2015.

            Selectman Musselman made a distinction between purchases that have been requested vs. those that had been proposed.  The metrics are not accurate enough, he said.  Mae Bradshaw indicated that her information shows that the current fire truck is not functioning properly. 

            Mr. Crawford stated that the $1,078,767 for existing bond debt service should not be included in the calculation of the $.92 tax impact as the town has no choice.  It does not represent an increase in taxes as the debt service has been included in the tax rates for prior years as well.  Selectman Musselman agreed, stating that this was a good point. 

 

(34:46 elapsed)

            Jim Raynes, 24 Fairhill Ave., spoke to “correct a false statement that the previous speaker made.”  He stated that Tracy Degnan was present.  Editor’s note:  Mr. Raynes is on the Conservation Commission and, until earlier this year was the Chairman.  Tracy Degnan is with the Rockingham County Conservation District.  Mr. Raynes stated that the $5 million had turned into about $9 million as they had gone after outside funds.  He referred to $750,000 from the Trust for Public Land that did not have to be matched.  For the Goss Farm, over $600,000 was received from the federal Farm and Ranchland program.  For Joan LaFrance’s property $730,000 was received from the wetland reserve.  Editor’s note:  In fact, the document in the CIP Plan, which Mr. Crawford refers to below, lists this acquisition under “Brindamour,” the last name of Joan LaFrance’s daughter.  It shows $329,420 in “other” money applied towards this acquisition, not $730,000.  Mr. Raynes continued, saying that that type of money is drying up.  The closing on the property being discussed later in the meeting has been postponed until 2015 so Tracy could obtain funding.

            Mr. Crawford referred to a chart in the CIP Plan which is the conservation acquisitions.  It has been updated this year.  He appreciates the good work that the Conservation Commission does and the fact that they have leveraged the money.  He read the figures from the chart in the CIP Plan.  Since 2003, $5,562,000 has been spent on conservation acquisitions.  This includes money from the bond, plus money that had been there before and interest accruing while the money was awaiting expenditure.  There was $2.9 million in other funds, for a total of $8.462 spent on the acquisitions, some of which came from the Town and some did not, he said.

 

(37:56 elapsed)

The public hearing was then closed and the Selectmen then unanimously voted to accept the CIP Plan.

 

Public hearing:  ZBA and Planning Board fee increase (38:46 elapsed)

 

            Planning Administrator Kim Reed addressed this issue.  She stated that the Zoning Board of Adjustment has been looking into the fees and signs.  Patty Weathersby in particular has done a lot of work looking into the signs.  The signs would be similar to political signs, four square feet in size.  The sign would need to be posted for seven consecutive days prior to the hearing.  While abutters receive notices, someone two or three houses down might have missed the fact that there was going to be a hearing.  There have been legal issues in the past with regard to the adequacy of notice.  It would cost $500 for 500 signs.  These would be sold for $8, she said. 

            Currently the fees are $100 for the application, $50 for the legal notice, and $8 per abutter.  The proposal is to increase the legal notice fee to $80 and also charge $8 for the signs.  The Herald charges $24.19 per column inch in the paper and there is flat charge for online posting.  The Planning Board is in agreement with an increase in the legal notice fee to $80, but does not want to do the signs, she said.

            Selectman Mills asked why the Planning Board was not in agreement.  Ms. Reed stated that they wanted to see how the signs worked for the Zoning Board of Adjustment.  In addition, Planning Board hearings on projects usually extend over 2-6 months.

            Selectman Jenness asked whether the applicant would be required to pay for a new sign if the hearing is continued through no fault of the applicant.  Ms. Reed stated that this was provided for in the Rules of Procedure and the purchase of a second sign would not be required in that circumstance. 

            Paul Goldman stated that one of the problems that they have with the Zoning Board is finding some of the addresses and locating the property.

            Peter Crawford stated that he believes this is an excellent plan.  He said that he is disappointed that the Planning Board did not want to participate.  Nobody reads the paper anymore.  The only way to find out about a hearing is to go to the Town website or the RCL, in its monthly newsletter separately lists the addresses that are coming up.  However, not everyone is a subscriber.  Other ways would be to look at the bulletin board outside Town Hall or to learn of the application by word of mouth.  A lot of these are missed.  If it’s just done for the ZBA, the residents would depend on there being a sign, he said.

            Selectman Jenness made a motion to increase the fees and for the ZBA to charge $8 per sign.  Selectman Mills seconded for discussion, stating that he was in favor of it until Mr. Crawford spoke in favor.  Selectman Jenness asked how he felt about the change in fee.  Selectman Mills responded “you can go ahead and do it, Priscilla.”  There was laughter.  Selectman Musselman called for a vote.  All were in favor.           

 

Meeting minutes (50:22 elapsed)

 

            The minutes of the September 22, 2014 meeting were unanimously approved with minor changes.  The minutes of the October 2, 2014 meeting were unanimously approved with no changes.  The minutes of the non-public session of the same day were unanimously approved without changes.

 

Conservation Commission acquisition, former Rand Lumber parcel (51:44 elapsed)

 

            Selectman Musselman stated that he had gone through the documentation and that it looked fine.  Editor’s note:  The documentation, obtained from Janice Ireland at Town Hall, includes a draft purchase and sale agreement for $1.25 million for the purchase of the back 73.39 acres.  The front portion is currently being developed into a 20 unit Retirement Community Development (“RCD”).  The next step is the scheduling of a site walk and a date for the Board of Selectmen to approve the acquisition.  He then turned to the other two Selectmen and the public to ascertain whether there was interest in a site walk prior to the acquisition.  Peter Crawford raised his hand and stated that she would like to attend.  Later Mae Bradshaw stated that she would also like to attend.

            Mr. Magnant leaned over and said something to Selectman Musselman.  Selectman Musselman stated that he was reminded that the purchase and sale agreement had not been finalized.

            Tim Phoenix, speaking counsel for the property owner confirmed that he and Chris Keenan had been working on this.  Once the site walk has been done and there is an agreement in principle and there is a proposed closing date they will finish it up.  Editor’s note:  Chris Keenan is an attorney who does a lot of work for the Conservation Commission.

 

(54:31 elapsed)

            The site walk was scheduled for Monday, October 20 at 4:00 p.m.  Selectman Mills asked how many people would be going.  Selectman Musselman initially stated that it might only be him, Mr. Crawford and the guides, and then indicated that it might be 6-7 persons.  Selectman Mills said “maybe somebody won’t come back.”  Selectman Musselman said “could be.  There could be hunters out there.”  Selectman Mills said “yeah.”

 

Parsons Creek grant for septic system evaluation (55:36 elapsed)

 

            Ms. Reed stated that they had been before the Board of Selectmen two weeks earlier.  She welcomed back Emily DiFranco with FP Environment and stated that Sally Sewell of New Hampshire DES was now present as well. 

            Ms. Reed stated that some modifications had been made to the proposal and that they hoped to obtain approval for Phase II.

            She summarized the presentation at the earlier meeting, stating that Parsons Creek is considered impaired by the State.  The major issue is bacteria.  In 2011 a watershed plan was done, with a plan of action to reduce the bacteria levels.  Malfunctioning septic systems were identified as a top priority.  In 2012 a grant was applied for and received.  They are now asking for a second phase. 

            The concern from the Selectmen at the last meeting was the septic system replacement program, she said.  That program is modeled after one in Meredith, NH.  The first step is evaluation of those within 250 feet of the lake who have no septic system on record or a system over 25 years old.  If the system is in failure the homeowner is eligible to apply for some funds to maintain or improve the system. Ms. Sewell stated that approximately 50 systems plus had been evaluated.  They are in the process of scoring and selecting the applications that have been received.

            Ms. Sewell stated that the funds come from section 319 of the Clean Water Act.  That enables states to address non-point sources.  These are EPA funds that are passed to the State.  In response to a question from Selectman Musselman, Ms. Sewell stated that the funds flow is from the EPA to the DES to the Watershed Assistance Section of which she is a part.  The money is then passed on through a competitive selection process.  That has not ended.  Rye has been selected to go to the next phase, which is a full proposal.  She has 17-18 of these projects going on in the seacoast area.  She complimented FP Environmental’s performance on the project, which she said is why it scored well.

            Selectman Musselman asked whether the State could grant the money to the property owner.  Ms. Sewell responded that they would not.  The town would fund the property owner, she said.  This is about to happen in Meredith, but it hasn’t yet, she said.  Selectman Musselman said that he had legal questions which would need to be brought up with legal counsel before the Town could proceed.  There might be a creative way for the Town to pay the installer, Ms. Sewell said.  Ms. Sewell stated that the proposal is due November 14 and asked whether the legal issues could be resolved in time so that the grant application could proceed. 

            In response to a question from Selectman Mills, Ms. Sewell stated that Meredith is slated to do up to 10 systems at $4000 each.  Selectman Mills said that people had come to him regarding the fairness issue of selecting some residents and not others. 

            Ms. Sewell responded that they would want to make sure that there would be an environmental improvement associated with the systems selected for funding, and that there would be no reason why additional funding could not be obtained in subsequent years.

            Victor Azzi asked who would identify which systems need evaluation and possible upgrading.  He asked what would happen if people having systems that are in failure do not ask for assistance.  Ms. DiFranco indicated that there would be systems that are not identified.   She summarized the effort.  The records for all of the homes in the Parsons Creek watershed have been entered into a database.  A risk model was then run to see which properties would be at risk.  There are many files with no septic approval, she said.  In that case, the age of the home may be relied on.

            Selectman Jenness asked whether income of the homeowner would be a consideration.  Ms. DiFranco indicated that it had not been in Meredith, but it could be. 

            Selectman Musselman indicated that some of the residents may need to be pursued, for example those with salt marsh in their back yards.  He referred to the inland side of Route 1A on both ends of the drainage basin.  They will need to knock on doors and tell people they need to do this. 

            Selectman Musselman indicated that an appropriation from Town Meeting would be needed even if a grant is to cover most of the funds.  Selectman Mills agreed.

            Ms. DiFranco indicated that the number of septic systems to be evaluated had been increased to 25 and a task for a pump out ordinance had been added.  Ms. Reed stated that that would not be a zoning ordinance.  Selectman Musselman stated that he and Selectman Jenness had considered doing that in 1977 but decided against it. 

 

(79:58 elapsed)

            Ms. DiFranco briefly referred to a sewer extension that had already been discussed.

            Ms. Sewell stated that Rye had scored second or third out of 20 in the initial ranking of grant candidates, because of the importance and difficulty of improving water quality when septic systems are an issue.

            Selectman Musselman stated that they have to get at the issue and deal with it as there are signs on the beach advising against children swimming.

            There was then discussion about the mechanics of the funding.  Ms. Gillespie indicated that, in the past, the Selectmen had agreed to accept the funds contingent upon the Town Meeting appropriating the matching funds.

            There appeared to be agreement from the Selectmen to move forward.  Selectman Musselman stated that they would check out the issues.

 

Presentation regarding new GIS system for assessing and tax map data (84:39 elapsed)

 

            Kim Reed then made a long presentation on the GIS system.  Editor’s note:  This is an impressive system which provides data that includes assessment data previously available from visionappraisal.com as well as data that is on the town tax maps.  The system is available from the Town’s home page at www.town.rye.nh.us.  In addition, there are a number of overlays indicating wetland areas, flood zones, topographic maps, aerial photographs, sewer and water lines and other information of interest, with the ability to zoom in and out.  Unfortunately the screen that was displayed during the presentation is not available on the video as the camera was facing the other way.  Those wanting to use the system would be advised to try it out and use the help screens.

            There was discussion about additional layers that might be added to the system and the cost, which is $500 per layer.

           

FEMA flood maps and reapplication by the town for community rating (121:49 elapsed)

 

            At the end of Ms. Reed’s presentation there was discussion about the new flood plain maps that are not final and have not yet been loaded.  Ms. Reed spoke about the Town putting its best foot forward and reapplying for a community rating, which would require a visit scheduled 4-6 months later.  This could result in savings of 5 percent or more to residents, she said.

            Mr. Magnant stated that this rating had been lost in 2009 with 22 homes not being compliant.  That list is now down to one property.  There have been discussions with FEMA and they were receptive to the town reapplying.  Editor’s note:  Residents are able to obtain less expensive rates for flood insurance when the entire town complies with certain requirements of the FEMA program.

 

Replacement for Mark Luz of the Recreation Commission (124:31 elapsed) 

 

            Selectman Musselman stated that all they have is an e-mail from Mr. Luz indicating that he intended to resign.  Recreation Director Lee Arthur stated that he was working on the west coast, but still owns property in Rye.  They have tried to contact him several times by phone and e-mail.  The position has been vacant for 9 months. 

            Ms. Arthur stated that she has heard that his wife still lives in the Rye house.  It was agreed that someone would try to go there personally to see if a contact phone number or e-mail address could be obtained from the family.

 

Kitchen waste recycling program (129:57 elapsed)

 

            Public Works Director Dennis McCarthy addressed this program.  The cost is $96 per ton, which is compatible with the other trash removal costs once transportation is considered.  He recommends that the pilot program be allowed to keep running.  If upsized, the program would require the purchase of containers and bags to be provided to the townspeople.  The fifty people in the program rave about it.  The biggest problems are flies and rodents. 

            There was then discussion about the bags and containers.  Mr. McCarthy indicated that the bags need to be biodegradable. 

 

Wallis Rd. box culvert (134:31 elapsed)

 

            Mr. McCarthy stated that he had been able to obtain a $10,000 reduction in the price if the contractor is permitted to close the road for a week. Editor’s note:  2014 Warrant Article 11 provided $150,000 for the replacement of this culvert, passing 1075-534.  At the September 22, 2014 meeting, Mr. McCarthy indicated that the project was approximately $20,000 over budget based on the prior bid and other expenditures needed. 

            The motion to approve the closure of the road for a week carried unanimously.

 

Water service on Brackett Rd. (135:39 elapsed)

 

            Mr. McCarthy indicated that there is a new house lot that needs a water connection.  Ledge may be involved so the contractor does not believe the road can be crossed in one shot.  The hope is that it can be completed in a day.  The location is between Washington and Wallis Roads.  The motion to approve the road closure carried unanimously, with the proviso that the contractor hang notices on doors beforehand.

 

Fencing and survey contracts (138:31 elapsed)

 

            Mr. McCarthy indicated that both contracts would be awarded to the low bidders.

 

Solid waste tipping fees (139:21 elapsed)

 

            Mr. McCarthy addressed this issue and passed out a summary of the proposals that CMA Engineers put together.  Editor’s note:  Selectman Musselman is President of CMA Engineers.  Mr. McCarthy stated that excellent proposals had been received.  For Waste Management, Inc. which has a landfill in Rochester, the Municipal Solid Waste (“MSW”) rate is currently $73.26  per ton, bulky and C&D are $88.44 per ton.  Editor’s note:  C&D apparently refers to construction and demolition waste. 

            Covanta is a waste to energy plant in Haverhill.  Their bid has MSW and bulky priced at $61.  They do not take C&D.  Ecomaine has a small landfill and a waste to energy facility.  Their price for MSW is $55.85 per ton, bulky is $49 and C&D is $65.35.  Waste Management, Inc. proposed the ability to dispose of waste at either their landfill or their waste to energy plant in North Andover.  Their proposal has a few caveats.  If enough of the communities in the Waste Management District participate such that the commitment does not reach 4000 tons, the price would be $68.50 per ton.  If the commitment is 4000-8000 tons the price would be $61.85.  If enough of the ten towns within the group go in so that the 8000 ton per year threshold is reached, the price would be $65.25.  Editor’s note:  This is how Mr. McCarthy stated it.  It would appear that the price should be lower for the higher tonnage and that the figures have been reversed.  The bulky rate is $73.50 per ton and C&D is $73.50, Mr. McCarthy said.

            Selectman Musselman noted that the lower tipping fee with Waste Management would back up to January 1.  Mr. McCarthy agreed, indicating that, if the new contract is signed by the end of the year, the new rate would start January 1 rather than July 1, which is when the current contract runs out.

            Selectman Jenness asked about Mr. McCarthy’s opinion of Ecomaine.  Mr. McCarthy stated that they are a good organization also, however, a document was done by CMA that analyzes the distances to the facilities.  From Rye, the distances to Covanta and Waste Management are within a mile.  The distance to Ecomaine is almost double that, which in theory could double the transportation cost.  When that is taken into account their proposal is not attractive.  Selectman Musselman stated that Rye does not have large enough trailers to haul trash economically.  Mr. McCarthy indicated that enough communities expressed interest such that the 4000 ton break would be reached.  Although Covanta is somewhat less, they would not take C&D, which would necessitate an additional dumpster and splitting of the load.

            Selectman Musselman stated that the Waste Management District had authorized his firm, CMA and the District’s attorney to negotiate contracts with Covanta for some communities to use, and Waste Management, Inc. for others to use.  The Waste Management proposal has more fine print than had at first been realized.  The acceptance is contingent upon Waste Management accepting the RFP terms.  Otherwise Covanta could be used.  He agrees with Mr. McCarthy that, for Rye, the Waste Management proposal is better, if an appropriate contract can be negotiated.

            Mr. McCarthy stated that the District wanted to get a sense of the preferred suppliers for each community.  Selectman Musselman suggested a motion that the Waste Management proposal is preferred as long as the contract meets the requirements of the District’s RFP.  Selectman Mills made the motion, Selectman Jenness seconded the motion.  Selectman Musselman stated that he would be abstaining.

            Selectman Mills asked what CMA knows about trash.  Mr. McCarthy responded that they don’t know, but they are able to “talk trash” pretty well.

            Mr. McCarthy stated that the savings would occur for the length of the contract, five years, with a five year extender.

            Selectman Musselman then called for a vote.  The other two selectmen voted in favor and he abstained.

 

Stone wall construction at 63 South Rd. (148:31 elapsed)

 

            Mr. McCarthy indicated that construction had been stopped because the wall was within the Town right of way.  Selectman Jenness asked whether this was near where Dan Brown used to leave.  Selectman Musselman stated that a prior issue with a wall in the right of way had resulted in the Selectmen having been snookered.  It involved Dan Brown and the need for security around the time “the book” came out.  Editor’s note:  This is an apparent reference to the Da Vinci Code.  The side and back fences needed for security were never built. 

            Mr. McCarthy pointed out an extenuating circumstance relating to a large knob of ledge into which the fence will tie.  Selectman Mills indicated that only 3-4 feet would be in the right of way.  Mr. McCarthy stated that the owner would sign a hold harmless agreement and also an agreement to tear down the wall if the town needs to use the right of way. 

            Mr. Magnant, looking at the photograph, noted that the sidewalk appeared to be in bad shape.  Mr. McCarthy indicated that they do not do the sidewalks there.  They only tear them out and back fill them.  Editor’s note:  The sidewalks in the Rye Beach Village District have been an ongoing area of dispute after it was revealed that the District at one point owed for two years of sidewalk work, contracted out to the Town Public Works department.  Selectman Musselman asked whether the sidewalk bill had been paid.  Mr. McCarthy confirmed that they were up to date on what was owed.

            Mae Bradshaw asked whether the abutters had been spoken with.  Mr. McCarthy responded in the negative. 

            Selectman Mills made a motion to approve the wall, contingent upon Mr. McCarthy’s approval and a building permit, if necessary.  All were in favor.

 

Rock garden at 616 Central Rd. (156:58 elapsed)

 

            Selectman Mills indicated that the owner there wants to put in a rock garden.  Mr. McCarthy indicated that that section of Central Rd. has a 66 foot right of way as the trolley used to run there.  He indicated that he did not see a problem with it and suggested a site walk.  Selectman Musselman said that they could not approve what he suggested in the right of way.  Selectman Mills stated that they had done so for Dan Brown.  Mr. McCarthy responded that that had not worked out well.  Ultimately it was agreed that the Selectmen would individually look at the site rather than schedule a formal site walk.

 

Town Hall contractor pre-approved list (160:56 elapsed)

 

            Mr. Magnant stated 11 responses had been received to the RFQ.  A subcommittee consisting of him, Craig Musselman, Peter Kasnet, Dennis McCarthy, Victor Azzi and Jason LaCombe had been formed to evaluate the responses.  Editor’s note:  Messrs. Musselman, Kasnet and Azzi are on the Town Hall Committee.  Mr. McCarthy is Public Works Director.  Mr. LaCombe is with the architect, SMP Architecture.  He stated that Milestone, Meridian, Hutter and Dew had been selected as the four to be short listed.  References have been checked and all came back fine.  He would like to notify the four companies of their selection and the others of the fact that they have not been selected. 

            Selectman Musselman stated that all four are good firms and that this was the consensus of the group.  His firm is doing business with Hutter, thus if they are the low bidder he will be abstaining a lot.  He will also abstain from this vote because of that.

            Selectman Jenness moved that they proceed with this list of four contractors.  Selectman Mills seconded.  Those two selectmen voted yes, Selectman Musselman abstained.

 

Clerk of the Works for Town Hall project (196:85 elapsed)

 

            Selectman Musselman discussed the need for a Clerk of the Works, if and when a warrant article for the Town Hall is approved.  This would provide both independent eyes and a representative of the owner.  Someone is needed who is independent of both the architect and the contractor. He suggested that the Town look into hiring for this position now, with the understanding that, if the warrant article fails to pass, there would be no position to fill, he said.

            This is not a role that the Town Hall Committee can or should play, Selectman Musselman siad.  Some things might come back to that committee, for example colors, flooring and window details, he said.  That will come up when the shop drawings are done.  That committee might meet a couple of times.  Mr. Magnant has come up with a draft description, he said. 

            Mae Bradshaw handed a document with some thoughts regarding the job description to the board. 

            There appeared to be no objection from the other Selectmen to proceeding with the initial steps towards the hiring of a Clerk of the Works.

 

Deliberative Session set for January 31, 2015 (167:35 elapsed)

 

            This date, a Saturday was set, with a snow date of Saturday, February 7.  All were in favor.

 

Letter from Cathleen Crowley re:  water issues (168:06 elapsed)

 

            Mr. McCarthy indicated that he and Paul had been there earlier in the day and taken pictures.  His belief is that the ground around the driveway had risen over time, directing the water into the driveway.  They are going to see if they can make the water move.  Selectman Musselman indicated that his property at 649 Long John Rd. has a similar problem. 

            There was then discussion as to whether the property was adjacent to the Hungry Horse or one house away.

 

Beaver infestation near Red Mill Ln., letter from E. Scott McQuade (170:25 elapsed)

 

            Mr. McCarthy stated that there is a lot of beaver activity near Red Mill Ln.  Under the prior Public Works Director, the Town had sent people in to take care of the issue.  The property owner had offered to split the cost of a trapper.  He had recommended that the owner shoot the beavers, but his wife was opposed.

            Selectman Musselman stated that he had wanted the beavers removed from near his property on Long John, but the Conservation Commission would not go for this. 

            Selectman Jenness asked about the beaver budget.  Mr. McCarthy said that there is no beaver budget.  There was laughter.  There was concern about setting a precedent.  Selectman Mills indicated that, in the event of a large storm, there would be a problem with flooding.  Selectman Jenness suggested that the beaver dams might actually keep the flood waters out.  There was more laughter.

            The Selectmen agreed to defer a decision on this.  Mr. McCarthy indicated that he would look into this further.

 

Quitclaim deed to Loretta Platt re:  paper street (176:01 elapsed)

 

            The motion to approve this deed carried unanimously.

 

Unit citation for fire on U.S.S. Miami (176:36 elapsed)

 

            Interim Fire Chief Lambert brought to the Board’s attention that, on the same night that Lt. Gallant was awarded the Medal of Valor, the Fire Department had received a unit citation.  Editor’s note:  This was a fire on May 23, 2012 on board the nuclear submarine Miami while in dry dock at Portsmouth Naval Shipyard. 

           

Adjournment (177:31 elapsed)

 

            Whereupon the meeting adjourned.