NOTES OF JANUARY 26, 2015 RYE BOARD OF SELECTMEN MEETING

Final Revision C – Provided by the Rye Civic League

 

            Present (clockwise around table): Town Administrator Michael Magnant, Selectmen Musselman, Jenness and Mills.  Absent:  Town Finance Director Cyndi Gillespie.  Also present:  Police Chief Kevin Walsh, Interim Fire Chief Tom Lambert.

Persons present from the public included:  Tom Aspinwall, Steven Borne, Peter Crawford, Brian Early (Portsmouth Herald), Kevin St. James (Rockingham County).

 

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 6:42:19 p.m. (0:00 elapsed).

 

Summary

 

1.                            Rockingham County indicates a projected tax rate increase of 1.9 percent.  There was discussion of consolidation with the Fire Department and whether that would necessitate going away from County dispatching for Fire.

2.                            The mosquito control contract was awarded to Swamp, the low bidder.  No marsh restoration will occur without the concurrence of the Conservation Commission.

3.                            The Town Hall construction contract was awarded to Hutter for $3,389,600, contingent upon voter approval.

4.                            Complaint about high Comcast rates may lead to formation of a Committee, but there appears to be little that can be done.  Contract is up for renewal in January 2016.

5.                            A legal opinion relating to certain petitioned warrant articles will not be released as it is “evolving,” based on discussions with the Town Attorney after he apparently issued an initial written opinion.

6.                            The Heisey lot unmerger request (near Rye Harbor) was granted, subject to certain conditions.  

 

Announcement (0:00 elapsed)

 

The Deliberative Session for January 31, 2015 was announced.

 

Consent Agenda (1:06 elapsed)

 

            The acceptance of $500 from Healthtrust, LLC and the Girl Scout Cookie Booth at the Recycling Center on March 14, 2015 were both approved.

 

Minutes (2:46 elapsed)

 

            The minutes of January 8, 2015 were approved with changes.  The minutes of January 12, 2015 were approved with changes.  The minutes of the January 12 and January 20, 2015 non-public sessions were approved without changes.

 

Presentation on 2015 Budget by Kevin St. James from Rockingham County (7:33 elapsed)

 

            Mr. St. James presented.  He stated that he had just been elected, and was sworn in on January 7.  The County ended up with a 1.6% increase in its budget, which will mean a roughly 1.9% increase in the tax rate.  Employee salaries are increasing by 2% but the number of employees is down.  There was discussion about the long-term care costs, a major source of increases and the Health and Human Services budget being $58 million short, mostly due to Medicaid.  He asserted that hospital money is being diverted as the Governor “raided” a fund.

            Rockingham County has the highest rating from Moody’s.  Their only concern is the cost of the jail.  The County Attorney’s office eliminated a position at the Court.  They are down four now and will stagger the hiring to keep the budget now.  Six of seven union contracts are done.  That led to discussion about the Cadillac tax (not dealt with yet), he said. 

            Long-term care patients going to nursing homes in other counties must be paid for.  Long-term care is one of the highest costs. 

            Incarcerated prisoners must have their health care costs paid for, even if they have insurance as private policies typically have an exclusion relating to this.  Female prisoners must be sent to other counties at a cost of $50 per day, but Rockingham County must pay medical costs.

            There was an extended discussion about the dispatch system.  Editor’s note:  The County does the dispatching for Rye, except in emergency conditions.  Selectman Musselman stated that Portsmouth does not use the County service.  Mr. St. James agreed, stating that Derry and Exeter do not use it either.  That led to a discussion about Portsmouth spending $900,000 annually on dispatching. 

            Selectman Mills stated that he listens to the dispatch calls coming out of Brentwood.  There used to be “two tones” before the calls started, now there is one.  He is getting old and it takes time for him to get up out of his seat when a call comes in on the pager.  He asserted that Hampton and North Hampton do not use County Dispatch either.

            Police Chief Walsh likened County Dispatch to two tin cans and a string.  The staff does an outstanding job out of what amounts to a closet at the County Jail. 

            There was then discussion about dead spots in the radio coverage.  All 26 police departments use the same frequency on the midnight shift, he said.  During the upcoming snow storm Rye will be self dispatching, he said.

            There was discussion about whether Fire Department consolidation might necessitate that Rye pay for some of the Portsmouth dispatch costs. 

 

Mosquito Control Contract (31:30 elapsed)

 

            Tom Aspinwall addressed this issue.  He stated that, after discussion with Tim Sanborn, the other Commissioner, it had been decided that Swamp would be recommended.  There was a significant cost difference.  Both Swamp and Dragon have experience in Rye.

            Selectman Mills spoke about a planned trip, at town expense, apparently a number of year ago, to look at helicopter spraying in North Carolina. 

            That led to Mr. Aspinwall referring to a vocal group in town concerned about cancer-causing chemicals being sprayed.  In Rye the larvacides affect only the mosquitoes.  There was discussion about the ineffectiveness of street spraying, although it has its fans, he acknowledged. 

            Selectman Musselman spoke about the need to get the concurrence of the Conservation Commission regarding marsh restoration issues.  They are under new leadership, however, he said.  Mr. Aspinwall provided the assurance that consensus would be achieved before they proceed.  A lot has to do with the personalities and the prior history, he asserted, not science.  Selectman Musselman stated that the Conservation Commission believes that its science is also valid. 

            Steven Borne stated that Dragon had “spidered” by e-mail to find out about wetlands on private property where spraying could be conducted.  That led to a question about whether vernal pools in the back woods are sprayed.  Selectman Musselman stated that Mr. Borne raised a good point, in that there are more fresh water mosquitoes than salt water ones.  The salt marshes are treated well but there may be fresh water bodies of water on the back lands that are not addressed.  Mr. Aspinwall spoke about red maple swamps in the Berrys Brook Watershed where the pools are full of larvae.  Selectman Jenness stated that it is the same in the Cedar Swamp Run in the south end of town. 

            There was further discussion about tick control.  Mr. Aspinwall stated that what they are doing for mosquitoes is equally effective on ticks.  Nothing additional is needed.

            A motion was made to authorize entering into a contract with Swamp for an amount not to exceed $74,860, with two conditions:  (1) it should be made clear that the Town prefers adulticiding and (2) no marsh management or restoration is included.  The motion carried unanimously.

 

Town Hall contract (55:06 elapsed)

 

            Selectman Musselman stated that he would recuse himself and walked out of the room briefly.  Editor’s note:  At previous meetings, Selectman Musselman has stated that his firm, CMA Engineers is currently involved in a multi-million dollar project with Hutter.  Town Administrator Magnant outlined the process, which consisted of a full set of documents having been produced by the architects, and the project having put out to bid with four pre-selected bidders:  Hutter, Dew, Meridian and Milestone.  The latter firm withdrew due to it ongoing work commitments, thus there were three responses, he said. 

            At this point, Selectman Musselman returned to his chair and sat down.

            There was then discussion about the alternates (i.e. components of the bid specifying options that the Town could include or not, as it chose).  He stated that references had been checked during the prequalification process.  Mr. Magnant requested an authorization to award the contract based on a $3,521,800 amount with all alternates.  Selectman Jenness disagreed, stating that only those alternates recommended by the Town Hall Committee:  1, 2, 5 and 6, be included and that the amount to be set forth in the letter be $3,389,600.  Editor’s note:  The four alternates include a new concrete foundation on the south side of the existing building, a new concrete slab for the existing building, a generator ($72,700) and lightning protection.  Other alternates for different monumental windows, exterior window glazing, and updating of certain light fixtures to LEDs, were not selected.  These would have added another $132,200.  The motion to award the contract, conditioned upon voter approval, carried, with Selectmen Mills and Jenness voting in favor and Selectman Musselman recusing himself.  Editor’s note:  The warrant article reflects a $4.1 million project cost as construction management and certain other costs are being paid directly by the town, and a twelve percent contingency has been added.

 

Letter from Drew Doherty regarding Comcast rates (102:13 elapsed)

 

            Selectman Musselman paraphrased the letter which complained about increasing fees and the rental equipment required that needed to be paid for every month.  It asked what the town could do. 

            Town Administrator Magnant stated that the contract was up in January 2016.  Selectman Musselman stated that the fees, rates and channels will not be on the table, only the public services, which would be available at a huge cost.  FairPoint has been approached regarding FIOS, but he understands that only a small part of Rye is wired for that.

            Selectman Jenness stated that, last time, a lot of money had been spent in trying to negotiate something better.  Selectman Musselman stated that there had not been a benefit from this expenditure.  Editor’s note:  The consensus seemed to be that retaining an attorney this time would not be worthwhile.

            Selectman Mills stated that FairPoint is not interested in increasing their geographic coverage as long as Comcast is providing services in Rye.  He suggested cutting off Comcast for a period of time to gain leverage.  Steven Borne cautioned against that, and referred to Selectman Mills not wanting to miss the Super Bowl.  Editor’s note:  See the notes of the May 29, 2012 and March 11, 2013 meeting where this issue had been discussed.  Selectman Mills had complained to representatives of PSNH that his power had been interrupted during the Super Bowl.  

            Selectman Musselman referred to cable and basic Internet now costing $60 to $70 per month. 

            Selectman Musselman suggested a meeting with Comcast.  He referred to a Cable Committee that had existed at one point.  Steven Borne asked whether Comcast paid anything for its monopoly rights.  Selectman Musselman responded that they did not.  Mr. Borne suggested a “venting session.”  There was discussion about who should be on the Committee.  It was suggested that Mr. Doherty and Jean Harrison, who had expressed interest before, be named.

 

IT Strategy (72:18 elapsed)

 

            Steven Borne raised the issue of his e-mail stating that he had watched the meeting where the Town’s IT person had made a presentation.  He stated that he disagreed with a number of things.  He had someone he knows with Dell certification that reached the same conclusion.  It was concluded that, before any decision is made, Mr. Borne’s acquaintance and the Town’s IT guy would be put in the same room to discuss. 

 

Release of legal opinion on warrant articles denied (74:15 elapsed)

 

            Peter Crawford, 171 Brackett Rd., asked whether his request, in the cover letter to which petitioned warrant articles were attached, that the Town Attorney’s opinion on the warrant articles be provided would be honored.  He noted that this was the last Board of Selectmen meeting prior to the Deliberative Session.  Selectman Musselman stated that Mr. Crawford’s right-to-know request would be responded to in the required time frame.  Editor’s note:  The prior Friday, January 23, 2015, Mr. Crawford had submitted a right-to-know request for any legal opinion relating to any of the petitioned warrant articles on the 2015 Town Warrant.  Selectman Musselman stated that the legal opinion was “evolving.”   He questioned whether they would want to pay the town attorney for an updated legal opinion.  Mr. Crawford asked whether anything would be provided.  Selectman Musselman reiterated that the right-to-know request would be responded to within the requisite five business days and said that they had nothing to provide to Mr. Crawford at this point.  He reiterated that it is “a changing thing” and that there were “continued discussions.”  Mr. Crawford spoke about a similar issue having arisen in 2013.  The letter was obtained at the last minute, which necessitated a last minute meeting to deal with it.  Selectman Musselman stated that the warrant articles should have been provided in November or December for Board of Selectmen review. 

 

Heisey unmerger application (76:35 elapsed)

 

            Selectman Jenness made a motion to allow the Heisey unmerger request, to unmerge lots 19 and 21 on tax map 9.2.  The motion was conditioned on (1) the recording of a permanent access easement, acceptable to Town Counsel, within 30 days, granting a permanent access easement over lot 19 in favor of lot 21; and (2) that the dwelling on each respective lot would be served by a septic system in good working order, as verified by the Building Inspector, with access to be provided in April 2015 for verification.  The motion carried unanimously.

Editor’s note:  The issue of the Heisey’s land near Rye Harbor has been the subject of numerous Board of Selectmen meetings, some of which have been non-public.  See the notes of the December 23, 2013, March 24, 2014, April 14, 2014, April 28, 2014, September 22, 2014, November 24, 2014, December 8, 2014 and January 12, 2015 meetings.  The issue at the January 12 meeting was whether Tax Map 9.2 lots 19 and 21 should be unmerged.  Previously, the Town had taken this lot for taxes from an unknown owner on June 7, 2002 for $108.10.  See Book 3782 Page 827, Rockingham County Registry of Deeds.  Based on the discussion at the January 12, 2015 meeting, it appears that the Town may have conceded that that action was invalid.

 

Letter regarding Rye/New Castle Bridge (78:17 elapsed)

 

            The letter regarding this issue was read out loud.  It spoke of a fixed bridge facilitating water system improvements, the fact that the Wentworth Rd. service area in Rye would benefit from bi-directional flows from the provision of water over the bridge.  Photographs of the back channel at low tide were attached.  It stated that there was minimal ability to accommodate larger vessels.  Editor’s note:  This is an apparent reference to the waterway between the two bridges going to New Castle, one of which connects to Rye and the other to New Castle.  It was stated that the letter was signed by the three Selectmen and would go out the next day.  Selectman Mills stated that lobster boats would be using the channel that night.  Editor’s:  A large northeast storm was just starting.  Selectman Musselman stated that they are able to get in without lifting the bridge.  That only occurs twice a year. 

 

Non-public session (83:31 elapsed)

 

            The motion to go into non-public session on reputation and personnel issues carried unanimously.