NOTES OF OCTOBER 27, 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 (arrived at approximately 6:55 p.m.).
Persons present from the public included: Victor Azzi, Mae Bradshaw, Marty Chapman, Lynde Karrin, Mel Low, 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 6:42:09 p.m. (0:00 elapsed)
Summary
2.
Health insurance rates will be
down significantly next year, allowing significant budget reductions.
7.
Selectmen agree to warrant
article banning fireworks.
9.
Booting ordinance to be drafted for
possible consideration by the voters next year.
Non-public session (0:00 elapsed)
As the video begins,
the selectmen are voting to seal the minutes of the non-public session. Editor’s
note: The agenda refers to a non-public
session for “acquisition.”
Announcement of the passing of Treasurer
Leon Blaisdell (0:26 elapsed)
Selectman Musselman
announced that Treasurer Leon Blaisdell had passed away earlier that day. In recent years he had served as
Treasurer. Previously, he had been with
the Rye Fire Department for 34 years, 4 as Chief. There was an extended moment of silence. Editor’s
note: Towards the end of the meeting
Jane Ireland was appointed Treasurer through the election next year. See below.
Announcement of reduced health insurance
rates and election (1:36 elapsed)
Selectman Musselman
announced that the quotes had been received on health insurance. One plan is up 3.9 percent, the others are
down 5.6 percent, 6.3 percent, and 9 percent.
The short-term disability coverage is going down 11 percent. That will have a significant budget
impact. The budgets for all departments
will be revised downward.
The election on
November 4 was also announced.
Consent agenda and Recycling Education Committee appointments (3:18
elapsed)
Item B(1)(b), the
increase of the length of the term to 3 years for the Recycling Education
Committee was tabled until April 2015 as the Committee had been formed in April
2014.
Item B(6), the
appointment of Alan Bucklin as a member of that committee, was then
discussed. Selectman Jenness noted that
he is a resident of North Hampton and should perhaps be appointed as a
non-voting member. Editor’s note: Mr. Bucklin works
at the Recycling Center. Mel Low
stated that Mr. Bucklin’s input is needed.
Editor’s note: Mr. Low is a member of the Recycling
Education Committee. Selectman
Musselman stated that if Mr. Bucklin is attending as a staff member he would
need to be paid. Selectman Mills stated that his input and vote are both
needed. Unlike the other male member of
the Committee, he is honest, he said.
Selectman Musselman indicated that this was maligning Mel Low. Town Administrator Magnant suggested that
hourly employees of the Town are not permitted to volunteer and would need to
be paid or receive comp. time. Selectman
Mills stated that Mr. Bucklin could vote down a “wacky” proposal by Mr.
Low. Deidre Symyrnos clarified that the
Committee appointments had actually been made in August 2013. The matter was tabled until Public Works
Director Dennis McCarthy arrived.
The Selectmen then
voted unanimously to approve the other items on the consent agenda. Lynde Karrin of 190 South Rd., Rye Beach,
briefly introduced herself. Editor’s note: By the vote on the consent agenda, she was
appointed as a member of the Recycling Education Committee.
Minutes (12:36 elapsed)
The minutes of the
October 15, 2014 meeting were unanimously approved with changes. Selectman Musselman noted that the CIP
Committee is not a subcommittee of the Board of Selectmen but is a committee
appointed by them. He also clarified
that the Building Committee for the Recreation Community Center that he had
proposed would be a Selectmen’s Committee.
The minutes of the
October 20, 2014 site walk at the former Rand Lumber property on Wallis Rd.
were unanimously approved without changes.
Proposals for Parsonage Apartments (15:15
elapsed)
Marty Chapman came to
the table to discuss this. Editor’s note: Mr. Chapman is Executive Director of the
Housing Partnership. Although the Town
owns the Parsonage Apartments, the Housing Partnership manages it and collects
the rents from tenants, which it retains to cover costs, paying the Town an
annual lease payment of $10,000. The
Parsonage Apartments are located next to the Library.
Mr. Chapman went through the history. The relationship with the Housing Partnership
goes back to 1999, although he has been with the Housing Partnership only since
2007. The Housing Partnership obtained a
$250,000 loan, secured by rents as it does not own the building. This was used for a moderate
rehabilitation. For comparison purposes,
the construction cost of new units is currently about $200,000, he said. The agreement with the Town is a 20 year
lease. Priority for rentals is given to
Rye residents. As rents are at a reduced
rate, the apartments do only a little bit better than break even. The Housing Partnership pays utilities,
including propane and electricity. The
modest cash flow is used to increase reserves.
Nothing has been paid to the Housing Partnership in the last 6-7
years. The reserve had built up to about
$20,000 last year when it was needed to address immediate needs based on an
assessment by Building Inspector Peter Rowell.
Some donated labor was obtained through United Way. Now, the improvements from 15 years ago are
reaching the end of their useful lives.
These include the electrical and heating systems and the roof. The Housing Partnership is able only to spend
money that the property generates. A
total of $5000 to $10,000 per year could be used just to stay in place.
Mr. Chapman suggested a
refinancing to keep the project going.
Cycles of 15-20 years are typical for this type of property. A restriction in the deed requires that the
property be kept affordable, he said.
There was a discussion of diverting the current rent of $10,000 paid to
the Town into a reserve, but Mr. Chapman indicated that this might not be sufficient.
In response to a
question from Selectman Musselman, Mr. Chapman stated that the loan had been
paid down so approximately $40,000 was now outstanding. In response to a question from Selectman
Mills, Mr. Chapman stated that the rent, which is a payment in lieu of taxes,
is approximately $10,000. A new roof
could cost $15,000 to $20,000. The
electrical system is now up to code after spending approximately $3000.
Mr. Chapman suggested
that the building be transferred to another entity so financing could be
obtained. He suggested a subsidiary of
the Housing Partnership could own it.
In response to a
question from Selectman Jenness it was revealed that there were eight units,
including a small house.
Mel Low indicated that
the original idea had been to sell the property, but the voters determined that
the property should be retained by the Town.
Although the Housing Partnership wanted to purchase the property, that
could not be done due to the vote. As a
result, the arrangement worked out was a 20 year lease with an escalation clause. The lease ends in 2019.
Mr. Magnant suggested a
more comprehensive assessment of the building as Building Inspector Peter
Rowell only conducted an inspection.
Selectman Musselman
indicated that, over the long-term, a transfer should be pursued. That would require a Town Meeting vote, he
said.
Mel Low asked whether
the lease could be extended, enabling more money to be borrowed. Mr. Chapman stated that the value is in the
property itself. He suggested a ground
lease for $1 as a way to help the Housing Partnership obtain financing. Selectman Mills stated that that is the
arrangement for the Rye Historical Society Building.
Mr. Chapman asked
whether the residents were happy. Mr.
Low stated that the people were fairly happy and are using the Senior Van. He noted, however, that he was glad that the
tenants are dealing with the Housing Partnership. Editor’s
note: See the notes of the July 22,
2013, October 15, 2013, October 28, 2013 and November 25, 2013 meetings. Certain residents, particularly including
Anne Morrissey, have been particularly vocal regarding the problems at the
Parsonage Apartments.
A draft warrant article
has been prepared by Ms. Gillespie to allow use of the rent paid to the Town
for repairs, he said. Mr. Chapman indicated
that a new roof is needed. He indicated
that funding may be available from the National Park Service with a transfer of
ownership as it is an historical building.
Mel Low stated that the building was built in 1810.
Pay-as-you-throw proposed warrant article
(39:24 elapsed)
Mel Low indicated that
the name of the program had been changed to Save Money and Reduce Trash
(“SMART”). He argued that, based on the
experience in Eliot, South Berwick and Exeter, a savings of $143,000 annually
could be expected.
Editor’s note: See the notes of
the June 23, 2014 meeting. The proposal
was that residents would be required to purchase bags to contain the trash that
they discard (recycled trash would remain free). The large bags would be $2.00 and the small ones
$1.25. At that meeting, bag revenues
were estimated at $102,000 annually, tipping fees (the cost to the Town of
depositing the trash in a landfill) were estimated to be reduced from $87,000
to $49,000 annually and recycling revenues were estimated to increase by
approximately $3000 annually. The total
of the increased revenues and the reduced tipping fees would be $143,000
annually. It appears that this is the
source of Mr. Low’s figure. While this
savings would presumably flow to those residents that do not use the Recycling
Center through tax reductions, the residents that use the Recycling Center
would incur the cost of bags. At the
June 23 meeting, one resident calculated a break even of 35 bags per year for
an average household. In other words,
the cost of bags would outweigh the tax savings for the average household using
more than this number of bags annually.
In response to a question from Selectman
Mills, Mr. Low stated that the Town pays tipping fees for 1200 tons annually
and that these would be reduced by 40 percent.
It won’t cost anything, he asserted.
The Recycling Education Committee had asked to present to the Budget
Committee and the Energy Committee. They
had been told to go back to the Board of Selectmen. They would like the Board’s support, but are
prepared to do a petitioned warrant article.
Town Attorney Michael Donovan is prepared to work with them on a warrant
article if the Selectmen approve. Mr.
Low asserted that Mr. McCarthy was supportive but is concerned because it is a
political issue.
Mr. Low stated that he
does not know why the waste would be down 40 percent but the recycling only up
15 percent. He speculated that people
hire Waste Management to haul their trash or restrict their purchases.
(46:51 elapsed)
Selectman Musselman asserted that there is a
difference for towns where there is curbside pickup up. A significant percentage of the residents in
Eliot hired haulers after the program was instituted, suggesting that this
accounts for a significant part of the reduction in trash. He asserted that there were people in the
room with relatives in pay-as-you-throw communities who bring their trash to
them for disposal. He stated that he
would personally vote for the warrant article as he hires a hauler and would
experience savings. He believes that Mr.
Low’s figures as to the savings are correct.
However, as a Selectman he works for everyone and he does not know what
the people in Rye want. He does not like
encouraging people to take their trash to relatives, he said.
Selectman Jenness said
that inaccurate figures for the number of households had been cited. She also asserted that people who recycle
would be generating savings for those who do not.
Selectman Mills stated
that he is against the program. He cannot
recycle any more and goes once a week with a 13 gallon trash bag. At the earlier meeting the second row was
filled with opponents of the program, he said.
Mr. Low asserted that
the recyclers can be sold on this program.
Selectman Jenness interjected that this was the case only if the bags
were given away. Mr. Low asserted that
his trash is a 30 gallon bag every two weeks.
He reiterated that the reduction in tipping fees would be 40 percent.
Selectman Jenness
suggested a citizens’ petition warrant article.
(56:31 elapsed)
After the issue of
legal review of the pay-as-you-throw warrant article came up, Selectman
Muselman stated that he had been pleading with those who submit citizens
petitioned warrant articles to get them in in December so that the Selectmen
could look at them. Although he had
earlier expressed concerns about using Town funds to review petitioned warrant
articles, he now stated that they would be glad to have them submitted in draft
form and have them reviewed. They would
do this for any citizens’ petitionwarrant articles What has been done is counterproductive. People should work together with the
Selectmen on warrant articles, he said.
Selectman Jenness
raised the issue of how this would interact with the food waste program. Currently, free bags are being provided for
that program. You can’t give bags away
in one program and charge for them in the other, she asserted.
As the discussion
concluded, Selectman Mills said to Mel Low that the discussion had been “better
this time.” Mr. Low responded that the
Republicans had not shown up. Selectman
Mills asserted that they would.
Selectman Musselman stated that it was not a Democrat/Republican issue.
Increase in Heritage Commission membership
(60:01 elapsed)
Mae Bradshaw stated
that she would like to increase the membership of this Commission from 5 to 7,
as permitted by the statute. Editor’s note: Ms. Bradshaw is Chairman of the Heritage
Commission. She stated that the
Commission needed more members to handle issues relating to the Town Hall and
other projects. She referred to 2011
Article 18, which established the Commission with 5 members. Editor’s
note: 2012 Article 25, which passed
971-284, increased the alternates from 2 to 5.
Selectman Jenness indicated that she
supported the increase. Editor’s note:
Selectman Jenness is the Selectmen’s representative on the Commission.
The discussion then turned to the graveyard
program being advanced by the Commission.
Selectman Musselman stated that he had confirmed that there was no cost
to add an overlay indicating graveyards to the new GIS System if that was done
on the next update cycle. He asked how
they knew where all the graveyards were.
Ms. Bradshaw stated that there was information that came from Louise Tallman,
and that they would be doing a walk. She
stated that 65 properties have graveyards and that there is no indication that
any slaves were buried in marked graves.
Selectman Musselman referred to an 1805 History of Rye that describes
the Seavey burial grounds as having slaves buried there, but with no graves
identified.
There was then
discussion regarding the Town Hall and certain dimensions of the stage in
relation to renderings of the Great Hall prepared by Margo Villandry. Selectman Musselman referred to one rendering
showing long gowns and there was discussion of the functions that could be held
in the Great Hall (a.k.a. Meeting Hall) of a restored Town Hall. Ms. Bradshaw referred to weddings. Selectman Jenness referred to a wedding at
the Congregational Church with a reception at Town Hall. She recalled an event in the past like this.
The discussion then
returned to the request for increased membership of the Heritage
Commission. Selectman Mills stated that
he was against it, as the Commission has only been in existence since
2011. He said “keep trying and see what
you come up with. Is that clear?” Selectman Musselman stated that that was
fine. Selectman Jenness expressed her
disagreement. Selectman Musselman
tersely stated that a draft warrant article should be provided and that they
would consider it. Ms. Bradshaw stated
that the draft warrant article had already been provided.
Proposed dissolution of the Beach Commission (68:06
elapsed)
Editor’s note: See the notes of
the April 14, 2014 meeting. After
Chairman Mike LaBrie’s appointment to the Beach Commission ended in 2014 there
were two vacancies on the Beach Commission.
Indications are that the Beach Commission had not met as a group since
2012 and that Mr. LaBrie and the Fire Chief had been managing the lifeguards
and other beach issues since that time.
Initially there were five applicants seeking to be appointed to the
Beach Commission in early 2014, but, citing the excess of applicants over
positions, the Board of Selectmen decided to appoint a Beach Committee without
any authority, effectively making the Beach Commission moribund despite a
warrant article establishing it. See
1999 Warrant Article 25. That article
passed 1142-519 and established a three person Beach Commission. According to that article, the Commission was
to assist the Selectmen in hiring a Beach Supervisor and act as a liaison
between that person and the Selectmen.
It was to ensure that the person performed his or her duties, and also
work on the preparation of the annual beach budget. No Beach Supervisor was ever hired as there
was no budget for it.
Selectman Musselman
referred to a memorandum on the subject of dissolving the Beach Commission,
dated August 14, from former Fire Chief Sullivan. The Commission had been established years ago
with a different purpose, Selectman Musselman indicated, apparently summarizing
the memorandum. It had evolved into a
commission of beachfront property owners who were there anyway and micromanaged
the lifeguards, Selectman Musselman asserted.
That evolved into management by the Fire Department. Other beach and permit functions had been
taken over by the Board of Selectman.
Before they act on this they should hear from the Beach Committee.
Selectman Jenness agreed,
and added that problems relating to the beach had grown and that information
from the parking study and the Beach Committee needed to be considered. When the Beach Commission was formed the Town
did not have paramedics. The main
function of the Fire Department was putting out fires. People are needed with enforcement
power.
All were in favor of
tabling the matter.
Proposed fireworks ordinance (70:47 elapsed)
Police Chief Kevin
Walsh addressed this issue, stating that he would like to ban fireworks, but
believes that is not realistic. He spoke
about property owners with large fireworks displays and the debris from
fireworks landing on public property.
This occurs at all hours of the night, he said. State law is complex as to what is allowed and
what is not. He spoke about an
intoxicated man who could barely stand trying to light off fireworks. Stopping this sort of thing would be easier
if a permit was required. The Police
could simply stop the event by writing a ticket for not having a permit. Injuries would be prevented.
Chief Walsh spoke about
a fireworks distributor that advertises that Rye is one of the towns where
fireworks can be lit off. He stated that
he believes that fireworks are not allowed in Portsmouth. Town Administrator Magnant confirmed, stating
that when the State legalized fireworks they allowed cities and towns to enact
partial bans. Editor’s note: Mr. Magnant is
the former Police Chief of Portsmouth.
In response to a
question from Selectman Musselman, Chief Walsh stated that there is a
significant amount of fireworks other than around July 4. These are lit off at 11:00 p.m., midnight, or
1:00 a.m. Selectman Musselman suggested
a ban, except for the week around July 4.
Chief Walsh stated that he did not believe that would pass.
Selectman Mills
referred to a fireworks display at 1369 Ocean Blvd. and asked how many officers
were on duty on July 4. Chief Walsh
stated that it was typically four, plus him.
Selectman Mills stated that that would not be enough to stop that sort
of thing.
Chief Walsh suggested
that Town Counsel should review the warrant article. He expressed concern regarding Town liability
in the event of an injury if the Town had issued a permit.
Selectman Musselman
proposed a warrant article to ban fireworks and asserted that there would be
significant support. Let the Town vote
it down, he said. Selectman Jenness
stated that that was fine with her and that people enjoyed professional
displays such as the one at Parsons Field.
Chief Walsh referred to a “circus,” and a particular Jenness Beach
property owner regarding which multiple calls had been received. Editor’s
note: Civic News editors living near
Jenness Beach and Wallis Sands Beach confirm significant displays of fireworks
at late hours during the summer.
Selectman Musselman stated that all of the Selectmen would need to
agree. If there is a split that would be
a problem. He asked Selectman Mills what
he thought. Selectman Mills stated that
four officers would not be able to control the situation on July 4. Chief Walsh suggested officers from other
towns could be enlisted to do sweeps.
Interim Fire Chief Tom Lambert stated that it has not been a significant
issue in North Hampton as fireworks have been banned there for a long time. Editor’s
note: Chief Lambert is the former Fire
Chief of North Hampton.
Selectman Jenness stated that renters and
out-of-towners don’t vote. Chief Walsh
stated that he would draft an ordinance.
Selectman Musselman stated that they may have another “Live Free
Outside” campaign. Editor’s note: This was
reminiscent of the signs opposing the 2013 warrant article requiring bicycles
to ride single file. That barely passed,
554-537.
Model A Fire Truck (85:21 elapsed)
Selectman Magnant
summarized the issue. Former Fire Chief
Sullivan had discovered that this truck was on the town insurance, but belonged
to the Rye Beach Village District. A
bill of sale has been prepared to transfer the fire truck at no cost. All were in favor of the transfer.
Stone planter at 616 Central Rd. (86:40 elasped)
Public Works Director
McCarthy described the issue and passed out charts. The blue line indicates the edge of the right
of way and the red line the edge of trees and growth, he said. Selectman Musselman noted that the planter
was already out of the right of way behind the blue line. It was then revealed that the stones had
recently been moved back. A person,
apparently the male property owner, indicated that the planter was now 22 feet
from the asphalt.
Selectman Musselman
spoke about problems with people planting vegetation in the right of way, or
moving large stones into it, to prevent parking. Editor’s
note: This was done by the Wentworth by
the Sea Country Club near Sanders Poynt and is one of the issues involved in
litigation involving the Country Club, resident Robert Jesurum and the Town
asserting that public access to the beach has been blocked by the County Club
and seeking a prescriptive easement restoring access. Case 218-2013-CV-00134 in Rockingham County
Superior Court. Trial was delayed and
the judge is reviewing summary judgment motions to determine whether a trial is
necessary. Selectman Musselman
expressed concern about establishing a precedent.
Another person,
apparently the female owner, Mrs. Hodson, said that the stones had been moved
back the prior weekend.
Selectman Mills
suggested a statement on the deed agreeing that the wall would be moved back if
requested by the town. The woman
indicated that she would like to align the stones with the neighbor’s
hedge.
Selectman Mills made a
motion to approve the encroachment, provided there is a statement on the
deed. Public Works Director McCarthy
added that a hold harmless clause should also be a requirement. Selectman Jenness seconded, noting that the
wall was to be 20 feet long. All were in
favor.
Alan Bucklin appointment to Recycling Education Committee (100:13
elapsed)
Editor’s note: This was
initially discussed as part of the Consent Agenda, but the topic was deferred
pending the arrival of Mr. McCarthy.
Selectman Musselman asked whether Mr.
Bucklin could be appointed as a non-voting staff member as non-residents could
not vote. He asked about night meetings
and whether Mr. Bucklin could be paid or given comp time. Mr. McCarthy stated that he would be a
volunteer. Mr. Magnant indicated that,
according to the Department of Labor, there is a problem with an employee
serving in a work-related function as a volunteer and not being paid for his
time. Mr. McCarthy suggested paying him
as they do not have enough people to provide coverage at the Recycling
Center.
Selectman Mills
referred to a problem if Mr. Bucklin is on the payroll and gets into an
accident. The Town would be liable, he
asserted. Mr. McCarthy acknowledged two accidents
involving Mr. Bucklin, including one where he had run into a car with the
backhoe.
Selectman Musselman
suggested that he be crossed off the list of appointments. He could then choose to go as a
volunteer. The matter was then tabled.
Mr. McCarthy then asked
for confirmation that he could go to the meetings but not vote. This appeared to be agreed.
Solid Waste District (104:03 elapsed)
Editor’s note: See the notes of
the October 15, 2014 meeting at which this topic and that of the bids for solid
waste disposal were discussed. Selectman
Musselman’s firm, CMA Engineers had assisted in the evaluation of bids.
Mr. McCarthy stated
that the costs had changed as Hampton and South Hampton had requested to leave
the District. Selectman Musselman stated
that Hampton Falls and New Castle would also be leaving. This leaves only 6 of the 10 towns. Mr. McCarthy asserted that the District would
permit the Town to leave if the Selectmen agree. Selectman Musselman stated that the remaining
towns are an odd group geographically:
Fremont
Brentwood
Kensington
North Hampton
Rye
Sandown
Selectman Musselman indicated that these towns could only support one
hazardous waste day per year, compared to the current two.
Mr. McCarthy stated
that he would have initially said that the Solid Waste District was not
needed. However, he has now seen what
they have done together on the new contract.
The costs to pay for a very competent engineer and attorney have been
split among ten towns. Editor’s note: The engineer referred to is apparently CMA
Engineers, of which Selectman Musselman is President.
Selectman Musselman agreed, stating that in
ten years the town would be happy to have the District. The town is too small to go through this sort
of process on its own, he said. As he
started to refer to the hazardous waste day he stopped himself and indicated
that he needed to be careful and should perhaps not say any more.
Mr. McCarthy stated
that Selectman Musselman could explain.
Selectman Musselman suggested that the Town get a cost from Portsmouth
for permitting the Town to participate in its hazardous waste day.
Selectman Mills stated
that, when he was working at the Recycling Center on Saturdays, he noticed that
the hazardous waste disposal levels were dropping every year. Mr. McCarthy disagreed, asserting that levels
were staying the same or going up. The
caps on the amount that can be disposed of are not enforced and they are
accepting latex paint even though the State does not provide reimbursement for
that.
Selectman Musselman
referred to an audit done for the Solid Waste District every year by Jane
Ireland. Editor’s note: Later in the
meeting Ms. Ireland, who is the mother of the Selectmen’s Assistant Janice
Ireland, was appointed Town Treasurer.
Mr. McCarthy stated that the Town pays 69
cents per ton to the District. He stated
that there is a District Meeting on November 12 and asserted that it makes
sense to remain in the District. Mr.
McCarthy stated that two more towns might leave. Selectman Musselman interrupted, stating that
it was best not to discuss this issue.
He said that the contract would apply even if towns leave. Editor’s
note: At the October 23, 2014 all-day
budget meeting, there was discussion that appeared to indicate that Fremont and
Brentwood might leave the District. See
the video of that meeting starting at 10:29:27 a.m.
Mr. McCarthy stated
that the contract had been structured by the consultant so that towns could
either leave the District or remain in it.
As he referred to the “consultant” he extended his right arm towards
Selectman Musselman.
Selectman Mills asked
whether New Castle had curbside pickup.
That was confirmed. Selectman
Musselman stated that they had a small vehicle.
Mr. McCarthy said that
Sandown is now the largest community in the District after the departure of
Hampton. They don’t come to meetings but
they pay the bills, he said.
Selectman Musselman
indicated that Waste Management or Covanta would bill the Town directly so that
the District only needs to have quarterly meetings rather than monthly. Editor’s
note: It was unclear whether he was
referring to the 69 cent per ton fee or something else. Mr. McCarthy stated that Waste Management
had been sending a representative to each District meeting.
Selectman Musselman
asked the others how they felt about remaining in the District. Selectman Jenness stated that she had no
preference. It was a financial issue,
she said. Selectman Mills asked Mr.
McCarthy what his preference was. Mr.
McCarthy referred back to his earlier statement, indicating that he had
originally thought that leaving the District was appropriate, but he had seen
how well the process of obtaining bids for disposal had worked.
Selectman Musselman
interjected that the process was not yet complete. Legal fees were $20,000 to $30,000. A single town would not have paid that. They would not have gotten the tipping fees
that they have gotten without that, he said.
Selectman Jenness
expressed concern about hazardous waste being discarded in the regular
trash. She asked about storing hazardous
waste, apparently in lieu of having hazardous waste days. Mr. McCarthy indicated that that was not
feasible as there are people who specialize in these and are able to identify
and separate the various types of waste.
Selectman Musselman stated that it is very difficult to manage and
separate the waste. A storage facility
in Vermont had lasted six months.
Selectman Musselman
indicated that a price should be obtained from Portsmouth for the hazardous
waste day. If the Town chooses to get
out of the District they will need a letter from the Selectmen so stating and
then a warrant article placed in January.
If the Town does not get out this year then it will likely be another 10
years before they can. If the Town stays
in they will need to commit to a contract with either Waste Management or
Covanta by December. Hampton had wanted
to get out as they were concerned that the District would choose to build a
facility, making them liable for their share of the costs, he said. He indicated however, that there was a
process to leave the District if that occurred.
Public Works Department Fence (123:26 elapsed)
Mr. McCarthy indicated
that this was ongoing. Money is still
left in the $14,000 budget. He requested
an expenditure of $1800 from the remaining funds, acknowledging that some trees
would need cutting. The property extends
680 feet, he said. There was no
objection to the expenditure.
Precision weather forecasting (125:46 elapsed)
Mr. McCarthy requested
that a precision weather forecasting service be retained at a cost of $1500
annually. A meteorologist would be
working for the town, producing forecasts tailored to the location and isolated
to a two hour block of weather. Many
towns are using this service, he said.
Currently, they watch the statewide weather forecast and monitor the
radar to try to determine when snow will arrive and how long it will last. Information would be received by computer and
consultation with a meteorologist would be available 24 hours per day. The center is staffed by meteorologists who
also work for the television stations.
They will also be able to predict black ice to allow the Town to get a
jump on it before the morning traffic, he said.
Stormwater management plan (131:26 elapsed)
Selectman Musselman
indicated that he had put this on the agenda as he had noticed a budget item to
design the first two culverts. He does
not know whether the drainage-related projects are included in the CIP
Plan. Mr. McCarthy indicated that there
was a list of 66 locations. He indicated
that he would do a breakdown by the size of the pipe and try to budget by year. Selectman Musselman requested a map showing
the Town priorities. As Mr. McCarthy
spoke he held up, and appeared to refer to, a bound inch thick report.
Helicopter Regulation Working Group (133:01 elapsed)
Selectman Musselman
stated that he had received a letter from Portsmouth Mayor Bob Lister, an old
friend. Seacoast Helicopter had been conducting
tours out of Pease, which had generated complaints from both Portsmouth and Rye
according to Mr. Lister. The Working
Group would be meeting on November 20.
Police Chief Walsh
stated that he had been working with Building Inspector Peter Rowell regarding
helicopters landing at a restaurant.
This had been shut down.
Helicopters had been flying right over houses and there is no federal
regulation limiting the altitude. There
was also discussion about helicopters flying low along the beach.
Town Administrator
Magnant volunteered to go to the meeting.
Chief Walsh stated that
there is no teeth to a restriction on the height over houses. However, the helicopters could be inspected
at their landing locations.
Selectman Musselman
asked Victor Azzi what he had noticed. Editor’s note: Mr. Azzi has a house on the beach near Wallis
Sands State Park. Mr. Azzi confirmed
that the helicopters fly low and sometimes land on the beach, sometimes meeting
up with boats. This flights are not
frequent, he said.
Appointment of Jane Ireland as Treasurer (138:21 elapsed)
The motion to appoint
Ms. Ireland as Treasurer through the election next year carried unanimously
without discussion. Editor’s note: At the beginning
of the meeting it was announced that Town Treasurer Leon Blaisdell had passed
away earlier in the day. Janice Ireland,
the Selectmen’s Assistant, is the daughter of Jane Ireland. The Town Treasurer is an elected position,
and thus can be filled by appointment only through the next election. Jane Ireland was the Deputy Treasurer.
Beaver infestation (138:46 elapsed)
Mr. McCarthy referred
to the ongoing issue involving 750 Central Rd.
The owner has agreed to pay 2/3 of the cost. He has looked into the issue and most towns
do not take care of beaver control. Some
even insist that beavers be taken care of by the property owners when beaver
dams cause flooding on adjacent properties.
He said that, unfortunately, this is a “one way trip” for the beaver as
they cannot be enticed to go into a cage.
Selectman Jenness
asserted that the animals were muskrats, not beavers. She discussed dam and hutch locations. If this is a beaver, it is demented as it is
not working where it should, she asserted.
The subject of having
the Rye Beach Village District take care of the issue came up. Selectman Musselman stated that they had no
authority relating to waterways. Mr.
McCarthy interjected that the situation might be different if the sidewalks
were being flooded. Editor’s note: The Rye Beach Village
District is responsible for its own sidewalks, always a topic of much debate as
the Public Works Department assists by excavating for the sidewalks and the
Village District has not always paid its bills on time. See the notes of the October 15, 2014 meeting.
The conclusion seemed to be that someone
would ask the property owner whether he had actually seen a beaver.
Booting ordinance (145:51 elapsed)
Police Chief Walsh
stated that he had found an ordinance from 2006, however this had not been
presented to the voters. He had marked
this up with suggested changes.
The discussion then
turned to why the Town’s boot had never been used. Chief Walsh confirmed that this was under
Police Chief Alan Gould. There was
discussion about him having insisted that the boot be purchased.
Chief Walsh referred to
“red tag” warnings posted on cars warning of impending booting, and three
outstanding tickets being required for booting eligibility.
Selectman Mills asked
who would be liable if a car was broken into while booted. Chief Walsh stated that they would not be on
the street more than a day before they were towed and inventoried. Selectman Jenness stated that Alan Gould had
not wanted to tow cars due to the possibility of damage. She stated that she disagreed with this. If the car is where it should not be, it
should be towed, she asserted.
Selectman Musselman
asked why cars could not be booted if three tickets had been issued over a
number of months. He asked whether due
process required more.
Town Administrator
Magnant responded that the owner might have lent the car to someone. While the owner was still responsible, the
person might not know about the liability.
He referred to a certified letter being sent to the owner stating that
the car was being place on the “boot list.”
There appeared to be
agreement that an ordinance was required.
2015 Police Cruiser (154:51 elapsed)
Police Chief Walsh
stated that he was getting a quote for a Tahoe SUV. He explained that the officers preferred the
Chevy Caprice. Selectman Mills stated
that the Ford SUV was less expensive.
Chief Walsh disagreed, stating that the costs were comparable if the
lack of a second battery and a full size spare tire are considered.
Cop Sync grant (156:36 elapsed)
Chief Walsh had the
Selectmen sign this grant application relating to a school safety program.
Adjournment (158:27 elapsed)
Whereupon the meeting
adjourned.