NOTES OF DECEMBER 8, 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, Police Chief Kevin Walsh, Public Works Director Dennis McCarthy (arrived late), Interim Fire Chief Tom Lambert.
Persons present from the public included: Nancy Braese, Peter Crawford, John and Toby Heisey, Alex Herlihy (left after town flag presentation), Ralph Hickson, Ray Jarvis (left as Harbor Rd. pole request discussion started), Connie Olson, Tim Phoenix.
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 6:38:43 p.m. (0:00 elapsed).
Summary
2.
New Town Flag was awarded to the
designer, former Rye Junior High School student William Gerrish.
7.
Warrant article for additional
police officer was recommended 2-1.
8.
Warrant article to dissolve
the Beach Commission will be placed on the ballot.
Announcement (0:41 elapsed)
Selectman Musselman
stated that he would be seeking reelection as a Selectman in 2015. He said that he had been receiving inquiries
regarding this for the last month or two.
Selectman Mills stated that he is very thankful that Selectman Musselman
would be seeking reelection.
Petitioned Warrant Article signature
collection at Recycling Center (1:51 elapsed)
Selectman Musselman
stated that there was interest in pulling both items on the consent agenda off
of that agenda.
Selectman Musselman
stated that the first item on the consent agenda was a letter from Peter
Crawford, requesting permission to collect signatures for Petitioned Warrant
Articles at the Recycling Center on Saturday January 3 and Saturday January
10.
Selectman Mills stated
that he would like to know the subject matter of the warrant articles, inasmuch
as it is Town property. Selectman
Musselman asked Mr. Crawford what the warrant articles were about. Mr. Crawford stated that “we don’t know,”
although there are drafts. Selectman
Musselman asked who “we” is. Mr.
Crawford stated that it was him and some other people. Selectman Musselman asked whether it was the
Civic League or individuals. Mr.
Crawford stated that the Civic League does not sponsor warrant articles.
Selectman Mills then
asked whether they had in the past. Selectman Mills pointed his finger at Mr.
Crawford and at Alex Herlihy, and indicated that both were saying “no.” He raised his voice and asked whether there
were one or two people present. Alex
Herlihy stated that he would answer the question. Selectman Mills asked about the warrant
article regarding the Board of Adjustment sent in three years earlier. Mr. Herlihy stated that there had not been a
formal vote, and that facilitation does not mean that there was a vote. Editor’s
note: After the Town voted in favor of
2012 Warrant Article 28, 1013-296, which provided for the election of Zoning
Board of Adjustment (“ZBA”) members, rather than appointment by the Board of
Selectmen, the Selectmen initially intended to fill two positions for three
year terms notwithstanding Article 28, arguing that that it construed the
Warrant Article to not be in effect for another year. The RCL challenged this position in a
letter. Although one ZBA member was
appointed after the 2012 election, he resigned without having attended a single
subsequent meeting, and both positions were filled by election in 2013. Selectman Mills is confusing the issue of
taking a position prior to an election and supporting the will of the voters
after one.
Selectman Mills stated
that he would not vote for the request until he finds out the subject matter of
the warrant articles.
Peter Crawford added
that the Recycling is Town property and is a public forum. Under the First Amendment, the Selectmen need
to be content neutral in terms of what is restricted, he said.
Ray Jarvis, 83 Liberty
Common, stated that on Saturdays the cars easily become backed up at the
Recycling Center. He expressed caution
about traffic jams resulting from a need to explain what the warrant articles
are about.
Selectman Musselman
said that he had raised that issue in the past.
There are three levels of activity.
People running for office hold signs.
People selling popcorn and girl scout cookies
results in people stopping. He
questioned whether describing warrant articles to those who stopped would be
even more involved. He said that he
would like input from the Public Works Director. He said that he is not present tonight, but
could be asked to attend next time. Mr.
Crawford stated that he would be out of town.
Selectman Jenness moved
to postpone consideration for two weeks.
All were in favor.
Editor’s note: See later in
these notes at 140:47 elapsed. Mr.
McCarthy arrived late and Mr. Crawford’s request was granted.
Waiver of late fee and interest on Patricia Henschke’s tax bill (7:07
elapsed)
Selectman Musselman
stated that there had been a problem with mail delivery during the Water
District’s construction. The family
never got the tax bill. When it was
finally paid it was late. Town
Administrator Mike Magnant stated that he had confirmed with Town Clerk Beth
Yeaton that a letter had been written out to the Selectmen in August,
apparently at the time that the bill was paid.
Mr. Magnant stated that the amount was $125.18, and that Ms. Yeaton had
stated that she lacked the authority to waive the interest and fee.
Selectman Mills stated
that he did not have a problem, but wanted to see a hard copy with a
signature.
Selectman Musselman
stated that the issue would be dealt with at a subsequent meeting.
Minutes (9:42 elapsed)
The minutes of the
October 23, 2014 all-day budget session were approved with changes. The minutes of two non-public meetings on
November 24, 2014 were approved without changes.
Town Flag presented to flag contest winner
William Gerrish (11:33 elapsed)
Selectman Jenness
announced the results of the competition for the new Town Flag, which was
initiated by Michael Mittelman. Editor’s note: Dr. Mittelman passed away earlier in 2014. She announced that William Gerrish of New
Castle is the winner. Editor’s note: New Castle sends their seventh and eighth
graders to Rye Junior High School. Selectman
Jenness stated that the central seal was part of the design, however the seal
was being changed at the same time of as the flag competition to include the
dates of settlement, becoming a parish, and incorporation.
Selectman Musselman
stated that the flag would be around for a very long time, and he held up a
small version, which showed the new town seal on a blue background, with yellow
banners above and below. There was
applause. Selectman Musselman then
presented the flag to Mr. Gerrish.
Alex Herlihy of the Rye
Historical Society then spoke of fond memories of having Dr. Mittelman on the
board. He stated that the 1726 date that
Rye became a parish is fascinating.
There was not much separation of church and state at that time. That was the year in which Rye got its first
selectman which meant a political separation.
He knew that 1785 was the date of incorporation as he recalls a huge two
day party celebrating the 1985 bicentennial.
He stated that the Rye Historical Society would be posting, on its
website, information on purchasing a flag.
Utility pole request by Braese opposed by
the Heiseys, Harbor Rd. (21:31 elapsed)
Nancy Braese, 146
Harbor Rd. explained that their property, lots 19.1 and 19.2 on tax map 9.2 is
in need of electricity for a house that she and her husband are building.
Tim Phoenix of Hoefle,
Phoenix, Gormley and Roberts presented on behalf of Ms. Braese. He stated that Mike Travers, the other owner,
is traveling. The prior structures on
the lot were torn down, and the necessary variances obtained to put up a new
structure. He pointed out Mill Ln.
which, he stated, is a private road owned by Nancy and Mike. He displayed a colored version of the tax map
and pointed out that a portion in green was owned by the Heiseys next
door.
Editor’s note: According to the
data on the Town’s GIS system, lot 19.2 leads from Harbor Rd. to the Heisey
property (lot 21), but is not contiguous with the main property owned by Braese
and Travers, which is lot 19.1. A road,
apparently Mill Ln. goes from Harbor Rd., follows the narrow lot 19.2
initially, but then curves across lot 19, presently owned by the Town of Rye,
then across the Heisey property, which is lot 21, and ultimately arrives at lot
19.1. See the notes of the December 23,
2013 meeting in which the Heiseys sought a determination that Mill Rd. is
public, not private. The notes of that
meeting state that “the Heisey’s concern is that, if the road is private
and under joint ownership with neighbors, a vote of the neighbors could require
them to pay for costly aesthetic improvements to the road.”
Mr. Phoenix read
the language of a purported easement which provides for the right to pass and
repass for all purposes and for pipeline purposes. He asserted that the provision permits
vehicular and pedestrian access, as well as utility access over the easement. He pointed out the location of an existing
electrical line across the Heiseys’ property to the old house on lot 19.2.
Mr. Phoenix asserted
that Nancy and Mike had asked the Heiseys for permission to run a line across
the Heiseys’ property to the new house.
He also asserted that Public Service of New Hampshire personnel were run
off of the Braese and Travers property by comments from the neighbors.
Mr. Phoenix asserted
that, from a legal standpoint, Nancy and Mike have an absolute right to run a
line from the existing pole because it had been there for decades. However, they do not want to fight that
battle in court. He proposed instead
that a pole be placed on the Town’s property close to Nancy and Mike’s right of
way. Editor’s
note: This is an apparent reference to
lot 19 which abuts Harbor Rd. and is located east of lot 19.2 and Mill Ln. Mr. Phoenix stated that the line would be
run underground from the pole to the easement.
There is an absolute right to do that given the easement language, he
argued. Mr. Phoenix spoke about
directional drilling options, one of which might encompass drilling beneath
adjacent wetlands.
Ms. Braese explained
that they had been trying for 6 months to get electricity to their house.
There was discussion
about who owned the pole on the Heisey property and who had given permission
for the pole. Mr. Phoenix asserted that
there was a prescriptive easement to allow use of the pole.
Mr. Heisey interrupted,
stating that there is an existing power line going to the Braese and Travers
property and that nothing is being denied.
Selectman Mills pointed
out that the status of lot 19 is in question.
Selectman Musselman stated that the Heiseys are requesting that the lot
be returned to them. Editor’s note: See the notes of the December
23, 2013, March 24, 2014, April 14, 2014, April 28, 2014, September 22, 2014
and November 24, 2014 meetings. In the
past, there have been discussions with the Heiseys regarding purchase of
town-owned land adjacent to their property.
See Rockingham County Registry of Deeds Book 3782 Page 827, Rye Tax Map
9.2 Lot 19 (property was taken for taxes from an unknown owner on June 7, 2002,
for $108.10).
Mr. Phoenix stated that
he understood that it was taken by tax deed some years earlier, and argued that
that is a fait accompli. He stated that
he probably would not oppose the land being given back to the Heiseys if it is
after the easement for a pole is granted.
Selectman Musselman raised the issue of whether that would put his
client back in the same position that they are in now. Nancy Braese stated that she did not want to
be held hostage by their next door neighbors or have to fight with them.
(36:37 elapsed)
Toby Heisey, 150 Harbor
Rd., stated that they had been talking to the Selectmen since January about lot
19. For that reason alone, this matter
should be pushed off. She added that
Attorney Phoenix is talking about a transformer. Legally he would be right if it were to be
just a wire. Their new neighbors want to
have an elevator and a “humongous” a/c unit, she said. “That’s not our problem,” she said. John Heisey stated that the reason that they
have a problem is that there was not a plan in place to provide power for all
of their gadgets. They had said OK to
using the pole which is currently supplying the neighbors with power, but did
not want a huge transformer the size of a garbage can on their land, he
said. Toby Heisey interjected that the
neighbors had only asked in August to use their pole. John Heisey said that this is an example of a
one-sided story that you’re always going to get with him and Tim Phoenix, whom
he has know for a long time, he said.
As John Heisey
explained that PSNH had come onto their property and they had had discussions
stating that use of the pole was permissible, but that they were opposed to a
transformer, Toby Heisey interrupted, saying that they had been in close
contact with PSNH. “Getting driven off
of the property, give me a break,” she said.
John Heisey continued, saying “what we have to deal with is a one-sided
story. Normally I wouldn’t know about
this meeting tonight. Tim Phoenix would
come in and railroad me and throw me under the bus and say I did something I
never did. I invited Public Service onto
our property to come up with a solution…”
Toby Heisey stated that she had e-mailed Nancy earlier that same
day. “It’s unbelievable,” she said. She added that it was an accident that they
learned about the meeting that night.
(39:51 elapsed)
Selectman Musselman indicated that the soil
was probably not suitable for directional drilling. It is also very expensive,
he said and is very difficult due to a need to drill through cobbles and
boulders. Additional information would
be needed if they wish to pursue that, he said.
Nancy Braese then
pointed out the pole location and the options.
The transformer could go on a pole on lot 19 or on a pad on their
property. Selectman Jenness stated that
the least obtrusive option would be the latter.
Mr. Phoenix added that there could be plantings around it.
Selectman Musselman
asked the Heiseys for their reaction.
Toby Heisey stated that
all of lot 19 is wet. Nancy had spoken
about compensating them on September 2, she said. “We too want to be nice neighbors, but when I
have my neighbor’s representative chronically trash talking our reputation. Doesn’t sit well with me. If they want to compensate
us and put the stupid transformer that they neglected to mention to you… on a
pole on the far back corner. They
can pay us. Totally
fine. That’s what she offered…
Make an offer,” she said.
Mr. Phoenix stated that
he means no disrespect to the Heiseys.
His fear is the price. He has
never before had a problem getting electricity to a house. They have not had cooperation in this case,
he said.
Ms. Heisey stated that
the meetings to get their variances were rescheduled four times. They’re neglecting to discuss the issue of
the increase in the amount of power, she said.
“We had that building shoved down our throats. We didn’t have a voice, at the meeting” she
said.
John Heisey stated that
the Selectmen were going to get a “story from Tim Phoenix.” He has known him for many years and his wife
used to work for him, he said. Mr.
Phoenix also tried to personally sue him, Mr. Heisey said. Drilling in a protected marsh is just one
more of their antics, he said. All of
the electrical capacity feeding the street is going to need to be upgraded
because they need more power than anyone on the street, he said.
Mrs. Heisey reiterated
that it would be inappropriate to vote anything as they have been discussing
lot 19 with the Selectmen since December or January.
Selectman Jenness
agreed, stating that lot 19 needed to be settled first.
Mr. Magnant asserted
that the Town owns lot 19. Selectman
Jenness stated that it is still something that they are discussing.
Nancy Braese, in
response to a question from Selectman Mills, stated that the house is about 80
percent completed, and that they would like to move in in February.
Mr. Phoenix stated
that, assuming that lot 19 is resolved in favor of the Heiseys, their problem
would be worse than it is today.
(53:30 elapsed)
Mr. Phoenix continued,
saying, that if he hears correctly, the Heiseys are saying that they can have
the power that is there now, but not what is needed. Editor’s
note: He is apparently referring to the
additional power to support the elevator and other items.
Selectman Mills stated
that the Town owns lot 19 now, but it’s under question by the Heiseys. Assuming that the Town elected to deed it
back to the Heiseys in July, an easement could be put on the property now. That would go with the property, he
said. It could not be changed in July,
he said. Mr. Phoenix agreed.
Other solutions were
then discussed. Mr. Heisey indicated
that PSNH already has an easement on lot 19.
There was also a question about the need for a wetlands permit, and
whether a special exception would be needed.
Mr. Phoenix argued that
the easement allows for pipes. If the
lines were to go through a pipe that would be permitted, he said.
Selectman Musselman
stated that they would need to get legal counsel involved. This is a morass, in more ways than one, he
said.
Selectman Mills asked
Public Works Director Dennis McCarthy if he had any input. Mr. McCarthy stated that he had been brought
in to look at solutions, not the histrionics.
He then pointed out the location of the poles and the lines, and stated
that there was “in theory” an easement to PSNH for one of the lines. Because it’s overhead, there is nothing in
writing, he said. As he pointed to the
plan, he indicated that a pipe easement might not apply to a pole. He suggested a small, square, easement for a
pole. There is
cable and telephone as well as electric, so the easement should possibly be in
favor of the owner rather than PSNH, he said.
Selectman Musselman
stated that they would look at the issue again when it came back. He then asked the Heiseys whether they had
other comments.
(65:57 elapsed)
Mrs. Heisey provided a “gentle reminder”
that Attorney Donovan had conceded that lot 19 was taken improperly.
Editor’s note: Michael Donovan is
the Town Attorney. Mr. Magnant
stated that he had not heard that. Mr.
Heisey stated that an easement to run wires overhead was an easier issue than
an easement to run them under a salt marsh.
Selectman Musselman said that it would be specified where it is and what
it is. They are talking about one pole
location, he said.
Mr. Phoenix stated that
he would provide notice to the Heiseys as to when they would be coming
back.
Selectman Mills asked
where they had heard of Mr. Donovan’s concession. Mrs. Heisey stated that she had heard that
through her attorney. It had been made
during a meeting, she said.
Selectman Mills asked
Mr. Magnant to verify that. Mr. Magnant
stated that he had correspondence to the contrary.
No dogs at Town Hall policy (67:42 elapsed)
Mr. Magnant
stated that an old policy from a decade earlier had been located. There are no health regulations banning dogs,
only those applying to restaurants and food preparation. Other towns have standard policies. The town’s insurer, Primex, has not taken a
position, except to recommend that, if dogs are allowed, that they be on a
leash.
Selectman
Musselman asked why the prior policy could not be followed. Selectman Jenness indicated that a
description of service dogs needs to be provided, as well as K-9 dogs. Mr. Magnant stated that there was a
definition in the ADA that could be added.
Selectman
Musselman stated that he understood that there had been a bite at the Public
Safety Building. Selectman Mills stated
that it was the Animal Control Officer who had been bitten. Selectman Musselman asked whether the dog was
still “coming to work.” Mr. McCarthy
quipped that the dog had been fired.
Mr. Magnant
added that the 2002 policy applied only to Town Hall. Selectman Musselman said that it needed to
extend beyond that as a policeman had been bitten by a firefighter’s dog.
Selectman
Jenness asked what happened to dogs that were impounded, indicating that the
policy should encompass that. Police
Chief Walsh stated that the dogs were placed in the sally port and the Animal
Control Officer was then brought in to deal with the dog.
Selectman Mills
stated that the policy did not need to be complicated. It was set up for Town Hall. He asked the Police Chief and the Fire Chief
whether there was a problem at the Public Safety Building. Interim Fire Chief Tom Lambert stated that a
dog biting anyone is a problem.
Selectman Mills
explained what started the discussion of the issue. He stated that he had come unannounced on a
Saturday morning and the Planning and Zoning Administrator was working in the
Building Inspector’s Office and she had a very large German Shepard. He didn’t like people, and I don’t like
Shepards, he said. He chased me into a
corner, he said. Dennis McCarthy quipped
“he knew you were a postman.” There was
vigorous laughter.
The discussion
then turned to whether the policy could also apply to the Library. There was a reference to a Library program of
reading to dogs. His grandkids love it,
Mr. McCarthy said. He quipped that
“visually impaired” dogs could be read to.
There was laughter. Selectman
Musselman stated that the dog might not be blind, it
just might not know how to read. There
was more laughter.
Selectman
Musselman stated that they should start with the task of revising the policy
and enforcing what was on the books.
Parsonage roof
(76:35 elapsed)
Mr. Magnant
stated that the Selectmen were familiar with the issue, and reminded them that
they had met with Marty Chapman about the needs of the building. The roof needs to be replaced now, he
said. About half of it is covered over
with a tarp. He, through his property
management company, has obtained three prices to replace the roof. The prices were $12,500 about $15,000 and
$19,400.
Selectman
Musselman asked where the money would come from. Cyndi Gillespie stated that there was over
$25,000 in the town buildings capital reserve.
There was
further discussion about an additional $250 for a warranty.
All were in
favor of approving an expenditure of up to $12,750, with the issue of the
warranty delegated.
Parking of Senior Serve van at Old Police
Station (81:31 elapsed)
Mr. Magnant
introduced the issue, stating that the building was chock full of greenhead
traps and that he did not know where the van would go. Selectman Jenness added that the traps were
not designed to be stackable. Public
Works Director Dennis McCarthy added that the overhead door did not work. Selectman Musselman raised the issue of
needing to plow.
Connie Olsen,
236 Locke Rd., stated that the issue was an ongoing issue with the Senior SERVE
board. Parking the van inside would help
to preserve it. They are hoping to get
another five years out of the van. It would
also avoid the need for drivers to clear snow from the van. Board members Jack Reed and Ralph Hickson are
also present, she said. Joyce, the “van
mother,” is not present. In
conversations with Alan Gould, also a member of the Board, the possibility of
the use of the Old Police Station came up.
Editor’s note: Alan Gould was Police Chief at the time that
the Public Safety Building was completed and the police moved out of the Old
Police Station.
Jack Reed, 400
Sagamore Rd., stated that it is illegal to drive with snow or ice on top of the
van. They had started to price canopies,
but these are quite expensive and could be taken out by a storm.
Dennis McCarthy
stated that the parking area at the Old Police Station is eventually plowed,
although it is not a high priority.
Ralph Hickson
referred to sun rot of the tires.
Selectman Mills
stated that the Water District was imposing two costs on the Town. He referred to this and the earlier
discussion about forgiving the fee and interest on Ms. Henschke’s bill. Editor’s
note: Mr. Hickson is a Rye Water
District Commissioner. Mr. Hickson
stated that this was unrelated.
There was
further discussion about putting tarps over the greenhead traps, and also of
storing them at the Goss Barn. Mr.
McCarthy stated that room could be made for the van at the Old Police Station,
but that the building would eventually be full.
Police Chief Walsh stated that the door problem was a broken cable, a
relatively simple repair.
Selectman
Musselman stated that the Town Hall Committee had discussed demolishing the
building. It is very damp in there, he
said.
The discussion
ended with Selectman Musselman saying that if this can be worked out and still
have the traps kept under cover that would be acceptable.
SMART (f.k.a.
“pay-as-you-throw) warrant article (98:49 elapsed)
Editor’s note:
See the notes of the June 23, 2014 and October 27, 2014 meetings at
which this program came up. “SMART”
stands for “Save Money and Reduce Trash.”
Essentially, the proposal is to require non-recyclable trash to be
placed in special bags, for which the Town would receive the revenue. This would encourage additional recycling and
reduce the “tipping fees” that the town would need to pay to dispose of trash.
Deidre Smyrnos
stated that the Selectmen had earlier offered to review the proposed Petitioned
Warrant Article of the Recycling Education Committee.
Selectman
Musselman stated that the $140,000 cost appeared to indicate a program in which
everyone would be participating, rather than a pilot.
Ms. Smyrnos
stated that she expected the warrant article to be amended at the Deliberative
Session. They would leave the time frame
up to the Selectmen.
Selectman
Musselman strongly suggested a one year term and then another vote. He added the reference to a nominal fee would
be taken by many to mean 5 cents a bag.
He does not view $1.50 or $2.00 per bag as nominal, he said. Ms. Smyrnos agreed to add the amount of the
fee.
Selectman
Jenness asked how the benefit to the Town would be known without a cost per
bag. Selectman Musselman stated that
there is no benefit. The program shifts
the tax burden to a personal expenditure.
Selectman
Jenness raised the issue of residents disposing of trash in beach
containers. She stated that it is
amazing what people will do to avoid paying a fee. Ms. Smyrnos argued that few towns have had
this problem, including Sandwich, MA.
Mr. McCarthy stated that they have dealt with such issues very
strongly. The source is easy to identify
as people include their discarded mail.
Selectman Mills argued that people come for a week, and do not receive mail during that time. Mr. McCarthy stated that such temporary
residents are given a temporary permit.
Selectman
Musselman stated that he would speak against the warrant article at the
Deliberative Session. It is nickel and
diming those who recycle and will drive people to hire haulers and to discard
their trash in other communities. That
is why the trash is always down more than the recycling is up whenever these
programs are implemented. The trash does
not go away. He does not buy the
argument that people buy less, he said.
This type of program would make sense when there is curbside collection
for everyone.
There was
discussion about the refusal of Waste Management to provide figures for the
number of Rye customers when it has provided a number for its North Hampton
customers to that town.
Selectman Mills
stated that he would not vote for the warrant article.
Selectman
Musselman stated that they encouraged everyone, including Peter Crawford, to
provide draft warrant articles for their review.
The discussion
then turned to the ongoing kitchen waste pilot program, and the fact that the
$4500 required to convert that program into one which is town-wide. Ms. Smyrnos stated that the six months is for
the pilot is up in January. Selectman
Jenness questioned the fact that the Town is buying bags for the participants. There was discussion about composting.
(115:47
elapsed)
Selectman Mills quipped
that he could obtain 20 pound bags of cannabis soil. “Best stuff for growing marijuana in the
world,” he said. He asserted that he had
sold it to two individuals present.
Selectman Musselman cautioned him against talking publicly about what he
does in that regard.
The discussion returned
to the kitchen waste program. Mr.
McCarthy stated that the cost is 48 cents per bag, but could be reduced. Deidre Smyrnos stated that Elliott is paying 27
cents a bag. Mr. McCarthy stated that
the only real cost is that for the bags as the cost to dispose of the kitchen
waste is the same as disposing of other trash.
It was suggested that
there be a warrant article to continue the program, with the pilot program to
run to Town Meeting in March and the budget to be increased accordingly. The discussion indicated that this should be
a citizens warrant article.
Possible North Hampton resident permission to use Recycling Center
(118:40 elapsed)
Selectman Musselman
stated that, while he was meeting with North Hampton officials relating to the
Solid Waste District, they noted that North Hampton has no transfer
station. Editor’s note: Selectman
Musselman’s firm, CMA Engineers, is currently working with the Solid Waste
District, which included Rye and 9 other towns (but some are withdrawing), in
connection with renegotiation of the disposal contract, which expires next
year. One hauler is predominant, and
charges a quarterly sum for trash and recyclables, Selectman Musselman
said. Waste Management serves
approximately two-thirds of the residential properties in North Hampton. They are not aware of what the other third
does with their trash, except that some elderly residents may drop their trash
at a grocery store dumpster. They asked
him to pose the question as to whether North Hampton residents would be welcome
at the Rye Transfer Center.
Selectman Musselman
stated that he had calculated the cost of solid waste disposal, net of
recycling revenues, as $160 to $170 per residence per year. Dennis McCarthy stated that stickers are no
longer distributed, but every time that a check is made,
only a handful of people from North Hampton are discovered. A third of North Hampton residents are not
coming to Rye, but some are, he said.
Selectman Musselman suggested restoration of the sticker program with an
annual fee for those from outside of Rye.
Mr. McCarthy stated
that they find ones and twos. It’s
difficult as they cannot run license plates due to a change in the law.
Selectman Musselman
asked whether the hours could be extended if North Hampton residents were
permitted to use the Recycling Center.
Mr. McCarthy stated that Saturday and Tuesday are big days. If use was limited to Wednesday, Thursday and
Friday, the North Hampton residents could be accommodated without additional
help, he said.
The difficulties of
enforcing the use of stickers and their locations on the car were then
discussed.
There was discussion
about inappropriate items like pool chemicals being disposed of at the swap
shop while nobody is watching. Selectman
Musselman indicated that the problem of inappropriate disposal at the swap shop
would become worse with a pay-as-you-throw program.
Selectman Mills stated
that stickers should be enforced in the coming year. The others agreed. Selectman Musselman stated that many
communities charge $30 to $50 for stickers.
For now, just the stickers should be budgeted, he indicated.
Discussion of Ocean Blvd. striping (129:22
elapsed)
Selectman Musselman
stated that, if their options are to be left open, enough money should be in
the budget to figure out how to stripe the parking along Ocean Blvd. and to do
the striping. Otherwise, there would be
no ability to do anything before the following year, he said. In response to a suggestion from Selectman
Jenness, he agreed that they would need to figure out what the clearance to
driveways should be, whether it’s 15 or 20 or 12. That is the least expensive option and is
what most of the people in the Ocean Blvd. corridor are going to be demanding,
Selectman Musselman said. Permission
from the State would be needed, he added.
Mr. McCarthy stated
that, due to the manpower and time, the striping would need to be contracted,
although the department has a “striper.”
There was further discussion about striping where the shoulder is gravel
(it would be striped on the pavement only).
Selectman Musselman cautioned that 140 parking spaces would be lost and
those people would be driven to park on local roads. Whether no parking zones would need to be added
or whether they should wait to see what happens needs to be considered.
Mr. McCarthy stated
that doing no parking at the driveways without the marked spaces would be
another option. A standard block of 10
by 20 on either end with no parking would be added. Selectman Jenness asked how the large campers
would be dealt with. Mr. McCarthy
acknowledged that they would not be dealt with yet under this option.
Newcastle-Rye bridge (134:32 elapsed)
Town Administrator
Magnant stated that he had attended the last meeting the prior week of the
Committee. He shared a cost benefit
analysis that was discussed during the meeting.
A fixed bridge is $9 million to $10 million less than a bascule
bridge. The benefits from a bascule
bridge are dependent upon the bridge being able to be opened on a much more
frequent basis and on the Army Corps of Engineers dredging the inner harbor,
neither of which is guaranteed. The
majority of those in attendance at the meeting of the advisory committee
meeting voted to go with a fixed bridge.
However, they want to do one more round of public process. They are suggesting one more meeting with the
two Boards of Selectmen and the public.
Selectman Musselman
suggested a public hearing with a representative from Rye. He further stated that, to date, New Castle
is in favor of a bascule bridge.
Portsmouth, however, wants a fixed bridge as they want to be able to run
a water main to New Castle, which would require directional drilling to get
across the channel, which would be a “bear,” he said. A fixed bridge would permit the pipe to be
hung from the bridge, he said.
Selectman Musselman
said that the issue is of far more important to New Castle than Rye. He related that the Back Channel is very
shallow, and that he does not believe that sailboats would ever use the Back
Channel.
Mr. Magnant stated that
he would inform them that any further process should be through the State DOT
and that Rye would be happy to send a representative. Selectman Musselman said that it would be
likely that one of them would attend.
Petitioned Warrant Article signature collection at Recycling Center
(140:47 elapsed)
Peter Crawford asked
that his issue regarding the signature collection at the Recycling Center be
raised again now that Mr. McCarthy was present.
Selectman Musselman
described the request and indicated that it had been tabled. He asked whether
the solicitation of warrant articles caused people to stop for a longer time
than popcorn sales and whether it was a traffic or safety issue.
Mr. McCarthy stated
that they had moved these activities towards the fence to avoid a traffic or
safety issue. As long as they stay up
there and don’t draw too many people, it is not a problem. If it becomes a problem, Alan is under
instructions to terminate the activity, he said.
Selectman Musselman
stated that Mr. Crawford had raised the First Amendment issue, inasmuch as
others are allowed to conduct activities in that location. Mr. McCarthy stated that that right always
exists, but it does not allow conduct that is unsafe. The Town has a right to end the activity if
it becomes a traffic or safety issue, he said.
Selectman Musselman
asked whether there had been such problems in the past. Mr. McCarthy stated that there had been
problems with kids running around while participating in youth activities, however there had not been problems with respect
to warrant articles. Nobody has been
removed since he has been there, although the location had been changed.
Mr. Crawford confirmed
that he would not be running around.
Selectman Jenness asked about his experience with prior solicitations of
warrant articles. Mr. Crawford stated
that he did not recall more than one car being stopped at a time.
Selectman Musselman
moved to grant permission. Selectman
Mills interrupted and said that the subject matter was very, very
important. Selectmen Musselman and
Jenness stated that they thought that that was not their choice.
Selectman Mills said
“still it’s on Town property and I want to know what the hell he’s soliciting
on Town property.”
Deidre Smyrnos asked if
he has the same issue when candidates are campaigning. Selectman Mills stated that those people have
signs. He then referred to three years
earlier when a warrant article had been placed to have the ZBA elected. He referred to “little games” by the Civic
League, and stated that he would not agree until he learns what the plans
are. He pointed at Ms. Smyrnos and said
that she needed to know who she was dealing with. If she goes through with the “recycling
thing” she would get some smarts before she is through, he said.
Selectman Musselman
reiterated the motion, which was to allow the request as stated, subject to the
Public Works Director and Transfer Station staff assuring that there are safe
conditions. Selectman Jenness seconded
the motion. Those two were in
favor. Selectman Mills voted against.
Warrant article A: Additional police officer $47,250 (146:42
elapsed)
Editor’s note: The above cost is
for the last six months of 2015. The
full year cost would be $91,450.
Town Finance Director
Cyndi Gillespie indicated that she had provided a summary sheet. She passed out a document and stated that
articles with a letter need a vote.
Selectman Musselman
stated that Article A is for an additional police officer. Selectman Jenness made a motion to recommend
the warrant article. Selectman Mills
stated that he had not received any information and thus his vote would be the
same as the prior year. Editor’s note: In 2014, the warrant article was voted down
803-839, with a minor change in the total
after a recount. The warrant article had been recommended 2-1
by the Selectmen and 6-0 by the Budget Committee, Selectman Mills voted against
recommending the warrant article that year.
Police Chief Walsh stated that he had
submitted a writeup with the budget, and that the rationale is the same as
before. There are still a significant
number of calls for service at night and additional help is desperately needed
during the day in the summertime, most likely from 12:00 p.m. (sic) to 8:00
p.m. In response to a question from
Selectman Musselman, Chief Walsh agreed that, during the wintertime it would be
a second officer on all shifts, and during the summer it would be afternoon and
evening coverage.
Chief Walsh reminded
the Board of the case involving Bedford, and individuals that had been caught
in Rye. Rye is lucky that it did not
have to deal with the issue, he said. Editor’s note: This incident was described in more detail at
the Budget Committee meeting on December 10.
Selectman Musselman stated that he would
vote to recommend. More help is needed
on the beach during the summer and the officers would be safer. Selectman Jenness agreed. Both voted in favor. Selectman Mills voted against.
Warrant Article B: $65,000 for
one-ton pickup truck (149:29 elapsed)
Ms. Gillespie indicated
that nothing would be taken out of the “CIP.”
Editor’s note: This is an apparent reference to the Highway
Equipment Capital Reserve, which is based on estimates of future spending in
the Capital Improvement Program (“CIP”) plan.
Dennis McCarthy stated that this is the last
of the small trucks. The other three
have been replaced in the last four years, he said. Then, they will be moving into the big
trucks.
After learning that the
money was not coming out of the reserve, Mr. McCarthy questioned whether more
money needed to be put in. Ms. Gillespie
said, that based on the CIP Plan, it would need to be. She stated that the fund had pretty much been
depleted the prior year.
Selectman Jenness moved
to recommend the warrant article.
Selectman Musselman seconded the motion.
Selectman Mills started
to say “Priscilla…” Mr. McCarthy
interrupted, saying “Don’t do this to me again, Joe.” Selectman Musselman then called for a vote,
which was 2-1, Selectman Mills voting against.
Editor’s note: For the 2013 warrant, Selectman Mills had
indicated that Selectman Jenness should recuse herself as her son works for
Public Works. This ultimately led to the
warrant article not being placed as she did recuse herself, leaving a 1-1
vote.
Warrant Article C: $100,000 added
to Highway Equipment Reserve (151:57 elapsed)
Selectman Musselman
said that he was getting gun shy.
Selectman Mills said that he would recommend. Selectman Musselman seconded. All were in favor.
Warrant Article D: $50,000
addition to Employees’ Leave Fund (152:48 elapsed)
Ms. Gillespie stated
that a senior person had retired last year and this was to catch up due to
that. The Town is still behind. All were in favor.
Warrant Article E: Beach Cleaning
Fund percentage change (153:45 elapsed)
Editor’s note: This article amends Article 14 of the 2004
town warrant to cause 50 percent, rather than 25 percent of beach permit
revenues, to go into this fund. Also,
the use of the fund is expanded to include the costs of monitoring water
quality and environmental issues on Town beaches and watersheds.
Selectman Musselman
read the warrant article. He then indicated
that “sand quality” should be amended to say “water quality.” Selectman Musselman stated that more
monitoring is being done than the state is funding.
Selectman Jenness asked
how often the wet sand is cleaned. Mr.
McCarthy said that the wet sand is rarely cleaned. There was then discussion about the amount of
sand being removed. Selectman Jenness referred to storms depositing seaweed,
which often remains in the wet sand.
The article was
recommended unanimously.
Warrant Article F: Fund for Parsonage
rent (159:07 elapsed)
Editor’s note: This warrant
article would divert all of the revenues from the Parsonage lease to a special
fund to be used for ground maintenance and repairs. The Town owns the building, but presently
leases it to the Housing Partnership, which in turn rents individual apartments
to tenants.
Selectman Musselman
read the warrant article and stated that it was a partial nod to the needs of
the Parsonage. Ms. Gillespie stated
that, this year, a little over $12,000 went back to the General Fund. All were in favor of recommending this
article.
Warrant Article G: $5000 to
Public Library Maintenance Fund (160:08 elapsed)
All were in favor of
recommending this warrant article.
Warrant Article H: $25,000 for
Town Buildings Maintenance Fund (160:35 elapsed)
Ms. Gillespie indicated
that there was currently approximately $25,000 in this fund,
however there would be the expenditure for the Parsonage roof. All were in favor of recommending this
warrant article.
Warrant Article on Winter Road Weight Limits (161:28 elapsed)
Ms. Gillespie stated
that this had been adopted the prior Spring. Selectman Musselman said that it was too long
and asked why all of that needed to be printed.
It was agreed that Attorney Donovan would be asked to shorten it. All were in favor of this warrant
article.
Warrant Article to increase Heritage Commission alternates (162:49
elapsed)
Selectman Musselman
stated that this was Selectman Mills’ favorite warrant article. He misread the warrant article to say that it
would increase the membership from 5 to 17, then
corrected it to say 7. There was
laughter. Selectman Musselman said
“don’t tell Mae I said that.” Editor’s note: Mae Bradshaw is Chairman of the Heritage
Commission. Selectman Musselman
stated that it had no cost.
Selectman Jenness moved
to place the warrant article. Selectman
Musselman stated that he would second the motion as he did not want to wait for
Selectman Mills. Selectman Mills stated
that that Selectman Jenness should not vote as she was a member of the Heritage
Commission. Selectman Jenness disagreed,
stating that she was the Board’s representative. All were in favor.
Warrant Article to amend parking ordinance for booting (165:08 elapsed)
Selectman Musselman started
to read the warrant article. Mr. Magnant
explained that this was a change for booting.
Selectman Musselman suggested the addition of an “Oxford comma,” as one
that changes “let’s eat grandma” to “let’s eat, grandma.” All were in favor of moving this warrant
article to the ballot.
Warrant Article to create a Fireworks Ordinance (168:26 elapsed)
Selectman Musselman, read the Ordinance and noted that a written
fireworks permit would be needed from the Board of Selectmen or its authorized
designee. He said that that would be the
Fire Chief. Reading, Selectman Musselman
indicated that the ordinance would require that the permit be in the person’s
possession prior to the discharge of any fireworks.
Selectman Musselman
stated that it was not a ban, but was a permit process. Mr. Magnant stated that he thought a ban was
discussed at the prior meeting.
Selectman Musselman agreed, then noted that insurance was needed. He then said that it “is a ban,” and
chuckled. He then read about an age
requirement that the person being 21 years old.
Selectman Musselman
asked how this had changed from a ban to a permitting process. Chief Walsh stated that multiple ordinances
had been looked at. Over the years the
State has lightened up on the restrictions. The main problem is small footprint areas on
the beach where people being hit walking around. It is a “free-for-all” on July 3 and 4. Chief Walsh stated that he would prefer a
ban, but that he expected significant resistance.
Fire Chief Lambert
stated that a ban would be the easiest to enforce. Only licensed pyrotechs would be allowed to
use fireworks.
Selectman Musselman
stated that the Fire Chief would be the designee of the Board of
Selectmen. People would appeal and they
would have “Zumba revisited.” Editor’s note: See the notes of the May 12, 2014 meeting at
which a permit for Zumba lessons was tabled.
Selectman Jenness asked whether the problems
came from residents or renters. Chief
Walsh stated that some problems are with residents. Selectman Mills asserted that the biggest
violators are those from out of town.
Selectman Jenness expressed concern that Rye is posted in a fireworks
store as being “wide open.”
Fire Chief Lambert
stated that the list of permissible fireworks continues to grow as pressure is
placed from the fireworks industry.
Selectman Musselman
suggested that Portsmouth’s ordinance for an outright ban be looked at.
Warrant Article to dissolve the Beach
Commission (177:09 elapsed)
Editor’s note: The proposed warrant
article would dissolve the Beach Commission established by Article 25 of the
1999 Town Warrant.
Selectman Jenness
stated that she would keep the Beach Committee for one more year. Selectman Musselman stated that, if they have
this article, they could make this commitment.
He stated that the 1999 Warrant Article was never implemented. Selectman Musselman said that, if the Warrant
Article refers to a Beach Committee they would be committed to have that
forever. He argued that the warrant
article should be presented as drafted.
In the discussion, they could agree to reappoint the Beach
Committee. If the Deliberative Session
wanted to add that, they would have a Beach Committee permanently.
Selectman Mills moved
to place the warrant article as is. Selectman Jenness seconded the motion. All were in favor.
Event permit for January 18 road race (179:36 elapsed)
Police Chief Walsh
stated that he was against such a road race due to the probable weather, snow
banks, narrow roads and possible ice on the road from melting and refreezing
snow.
Selectman Musselman
noted that it was to be 500 runners.
Selectman Mills noted that it was competitive.
Representative from Portsmouth Herald (183:22 elapsed)
Selectman Musselman
noted that, since Joey Cresta disappeared there had been one person after
another that showed up at a meeting, “got a load of us” and never came
back. It’s been nice seeing you, he
said.
Town Hall bid invitations sent out (182:53 elapsed)
Town Administrator Magnant stated that the
invitations to bid on the Town Hall project had been sent out to the three
pre-selected bidders earlier that day.
Those are due back on January 5, he said.
Selectman Musselman stated that there had
been three responses to the Owners Representative RFP. Two were short listed, a Mr. Castagna from
North Hampton, and Rob Doyle. Editor’s note: Mr. Doyle did a study of the feasibility of
renovating the Old Police Station.
By January 5, an Architect, a contractor and an Owners Representative
should be in place, Selectman Musselman said.
One contractor had dropped out as it had become too busy. He asked whether all three contractors would
be submitting bids.
Mr. Magnant stated that he had talked to all
three. With a bit of hesitation, he said
that all three are supposed to be bidding.
Selectman Musselman stated further that one
of the renderings of the Town Hall had been rejected. That was of a wedding, however, after
discussions with Mae Bradshaw it was agreed that that would be replaced by a rendering
of a Senior Luncheon. He does not
believe that a decision has been made to rent out the Great Hall for weddings
which would have drinking, he said. Editors note: See http://www.seacoastonline.com/article/20141217/ENTERTAINMENTLIFE/141219393/0/SEARCH
for an article on the Town Hall renderings that have been prepared.
Adjournment (185:19)
Whereupon the
meeting adjourned at approximately 9:44 p.m.