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
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.