NOTES OF FEBRUARY 23, 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, Town Finance Director Cyndi Gillespie.

Also present: Public Works Director Dennis McCarthy, Police Chief Kevin Walsh, Interim Fire Chief Tom Lambert.

Persons present from the public included: Peter Crawford, Drew Doherty, Brian Early (Portsmouth Herald).

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 6:36:00 p.m. (0:00 elapsed).

Summary

1. Comcast representative attempts to explain why rates have been increasing so quickly. Selectmen indicate that many elderly residents on fixed incomes may be unable to decipher the complex schedule of rates to find the $24.60 per month minimum service.

2. Town is looking for the oldest Rye resident to receive the Boston Post Cane. A potential recipient is a woman who will turn 100 on May 11.

3. State transportation plan is questioned, as Ocean Blvd. is not listed.

4. Central Rd. near the Post Office may require expensive “full depth reconstruction” to repair it.

5. Selectmen debate mailbox replacement policy. Many requests are likely to come in when and if the snow finally melts, Selectmen Jenness asserts.

Announcements (0:29 elapsed)

The March 10 election was announced, 8:00 a.m. to 7:00 p.m. at the Rye Elementary School. During the discussion of the consent agenda, Selectman Jenness announced that the Town’s annual report would be available Tuesday, March 3.

Consent agenda (0:40 elapsed)

Both items were moved off of the consent agenda. Item B (Comcast rates) would be taken up under IV(c). Item A (condition of Central Rd.) would be taken up with other business.

Public hearing on Beach Cleaning Fund (1:26 elapsed)

Selectman Musselman read the warrant article. Peter Crawford stated that there had been a prior public hearing on this, and asked why a second hearing was being held. Editor’s note: See notes of January 12, 2015 meeting. Mr. Magnant stated that the Town attorney had opined that the public hearing has to be within a certain number of days of the vote and that, to be on the safe side, a second public hearing was needed. There were no other public comments, except that Mr. Crawford stated that he reiterated what he had said the last time.

Minutes (4:00 elapsed)

The minutes of the January 20, 2015 meeting at 4:30 p.m. were approved with changes. The minutes of the January 20, 2015 meeting at 8:00 p.m. were approved without changes. The minutes of the public session on January 26, 2015 were approved with changes. The minutes of the January 26, 2015 and February 10, 2015 non-public meetings were approved without changes.

Jay Somers, Comcast. Discussion of rates and fees (10:42 elapsed)

Selectman Musselman read the letter from Veronica Morrow, which had been on the consent agenda, regarding Comcast price increases. It stated that her bill had increased from $153 to $189 in a single month. In June, 2011 she had been paying $99 per month. Dish TV is not feasible due to trees. She suggested that, if the contract allowed, competition be introduced as other senior citizens living on fixed incomes find such a large increase very difficult.

There was discussion about Drew Doherty’s e-mail. Selectman Mills proved a copy of the minutes of January 26, 2015 to Mr. Somers which includes the letter. Andrew Doherty, 71 Liberty Common summarized his e-mail. He stated that Comcast had started to encrypt so that digital adapters were required. He stated that he has three of these. At first they were free, then they were $1.99. Last month that was raised to $2.99. The bills just keep going up. The digital box went from $8 to $10 for no reason. This month a $3.85 “broadcast fee” was added. He stated that he does not know how someone on a fixed income like Mrs. Morrow can withstand these increases.

Selectman Musselman stated that the contract is about to expire. In the past, money has been spent on legal fees, with no benefit other than some cable service to the schools.

(15:40 elapsed)

As Mr. Somers came up to sit at the table, Selectman Mills stated that the meeting was being broadcast. Selectman Musselman added that it was not on Comcast as they couldn’t afford that. There was laughter.

Mr. Somers stated that they work very hard to hold their rates down. There are three drivers (1) business (2) technology upgrades and (3) programming. The latter is what really increases the rates. In 2006, their total programming expense was $5.4 billion. By 2013 it was $9.1 billion. Sports and the broadcast piece that Mr. Doherty had spoken of drive that. The broadcast portion has grown from $1.75 to $3.25 per month. That is what the broadcasters charge Comcast to carry their product.

Considerable capital has been invested in improving the system. Internet speeds have increased 13 times. In New Hampshire, they have 1700 employees. A new call center in Hudson employs 500-600 people.

He stated that the letter from the woman indicates a high price, but indicated that that telephone and Internet should be backed out. People call all of the time and try to make their rates affordable.

Selectman Musselman noted that one can sign up for a certain package which goes along for a period of time and then jumps in price. Mr. Somers agreed. Selectman Musselman stated that, when one calls, the package can be adjusted downward without losing too many channels. But, one needs to know to do that.

Selectman Jenness stated that people are able to call on their anniversary dates and negotiate a lower rate. However, she has received nothing in writing about this. Mr. Somers talked about people having special packages for a period of time and people calling in on the anniversary.

Selectman Mills indicated that the information might be on the back page of the bill. Selectman Jenness stated that she had looked there and found nothing that goes along with what they’re describing. Mr. Somers indicated that she may be on “tiered service” rather than one of the bundles.

Selectman Jenness asked where this is written down and how she would know. Mr. Somers responded that

“if you look closely it may be on your bill for information to call if you dispute your bill. That’s all you have to do is call 1-800... In other words if you say boy, this is a little bit too high, I’ve got to find out what I’m paying for it, just dial 1-800-COMCAST and they will tell you exactly what you’re buying and you’ll say well I think this is too high and they will adjust your rate according to what you think is…”

Selectman Jenness indicated that she did not understand why that wasn’t bartering rather than a fee for service.

Selectman Musselman suggested that Comcast should be a public utility. Mr. Somers said that he hoped not.

(22:35 elapsed)

Selectman Musselman asked whether rates or programming were negotiable. Mr. Somers stated that they were not. Customer service and technology are regulated, he said. Mr. Somers indicated that, if there is a particular channel that people in Rye want to watch they would take note of that and perhaps offer it in the future. Programming and rates are deregulated. Editor’s note: This appears not to be true. See 47 U.S.C. §543 and N.H. Rev. Stat. Ann. (“RSA”) 53-C:3-a, V. Mr. Somers then changed the subject to apps that are available.

Selectman Musselman spoke about having recently moved within Rye and having had technology problems. Comcast brought one piece of equipment after another that did not work. He ended up having to hire someone who knew what they were doing. For three $100 pieces of equipment it’s working perfectly now. But, it had been going down 5 times per day for three or four months. The people on the help line were not helpful, he said.

(27:20 elapsed)

Andrew Doherty asked why the rental equipment cost had been going up. Mr. Somers explained that the reason was the cost that they were paying for the DTAs. Mr. Doherty asked why this should affect equipment that he has which is four years old.

Mr. Doherty said that he understands that there are now two wireless systems in the routers. One turns the home into a public hot spot using the homeowner’s electricity and bandwidth while also creating a security risk. Mr. Somers said that he could not address this. Mr. Doherty spoke of people on the street viewing movies on their iPads. He asked whether Comcast would be notifying people when these hot spots sharing their Internet access are made available to the public. Mr. Somers changed the subject to the use of electricity and argued that the power needed to run a router was small.

(33:10 elapsed)

Selectman Mills stated that the Comcast bills say that if customers are having a problem, call the Selectmen. That’s like talking to a wall, as I have no clue, he said. Mr. Somers said that they are required by the FCC to put that on the bill, but if they want to take it off it can be taken off. He said that the Selectmen’s role is as the issuing authority, and might want to track complaints to see if there is a trend. Mr. Magnant stated that he had fielded some complaints that he forwarded to Mr. Somers. There was discussion about this and it was decided that the information would remain on the bill.

Selectman Mills suggested an informational meeting at the Library to explain what is on the bills for those in his age bracket. He stated that his wife has four remotes in order to watch a movie. Mr. Somers suggested the Comcast web page. Mr. Magnant said “that’s a problem right there.” Ms. Gillespie added “he has no computer.” Selectman Musselman said “we’re working on that, but we’re decades into it.”

(38:38 elapsed)

Selectman Musselman asked what benefits other communities are getting that Rye does not. Mr. Somers spoke about franchise fees being a benefit. Selectman Musselman said that Rye doesn’t have that as it would just be passed along to the customers. Mr. Somers spoke about Internet drops for the Schools and Library.

Police Chief Walsh asked about the ability to negotiate bills. Mr. Somers spoke about taking away movie channels to reduce the bill. Selectman Musselman said that he has found that, when rates go sky high, one package can be dropped and another added to reduce the bill.

Selectman Jenness asked whether the Comcast telephone numbers were in the Fairpoint phone book. Mr. Somers stated that Information has that. Selectman Musselman disagreed. Selectman Jenness said “I’ve tried white pages and yellow pages. I can tell if they’re a sex addict, but I can’t find their telephone number.” There was laughter. Selectman Jenness stated that it keeps going through lists of things like, “are they a felon?”

Selectman Musselman said that cell phone numbers and Comcast numbers are not in any phone book that he can find. These white pages things advertise free phone numbers, but you have to pay $1.00, “if you have a computer, which you don’t.” He pointed towards Selectman Mills.

(45:45 elapsed)

Mr. Doherty said that a lot of people don’t like being over a barrel with respect to rates. He asked how competition could be introduced. Selectman Musselman said that, in the past, Fairpoint had been told that they could not get pole licenses unless they extended FIOS, but they didn’t do so. We ended up allowing them to replace a pole before it fell over in the road. We’re ten years into trying, but we can’t get them to extend the service, he said.

Mr. Somers said that there is plenty of competition. It all depends on individual viewing habits. You can run programming that you want through the Internet. CBS will now be streaming some of their programming for a price.

Mr. Doherty responded, saying that Comcast controls the Internet coming in. Mr. Somers agreed that that was a good point.

Selectman Musselman asked what the minimum rate was now for television. A lot of people have more than they need, but don’t know, he said. Mr. Somers responded that the Limited Basic service is $24.60, which is the minimum TV. There is no senior citizens lifeline for Internet, he said.

Peter Crawford asked who sets the rates. Mr. Somers said that Comcast sets the rates. Mr. Crawford stated that it is a natural monopoly, but there is no authority that can limit what they charge.

Mr. Somers stated that he disagrees, as there is competition. The subscriber base in Rye has been eroded due to satellite. They are a strong competitor.

Editor’s note: The problem with satellite for Internet service is that about .5 second is added to response times due to the need to bounce the signal off of a satellite in geosynchronous orbit 23,000 miles away (a satellite in geosynchronous orbit takes 24 hours to circle the earth, placing it in the same position in the sky at all times, eliminating the need for a movable dish). The added delay is very noticeable. Service may also be interrupted by heavy rain.

Mr. Somers continued, saying that there is competition for Internet and phone service.

Mr. Crawford asked what the contract with the Town was. Mr. Somers responded that the contract provides the right to provide video service.

Selectman Musselman asked whether, if a contract was not signed, they would be barred from selling anyone service in Rye.

Mr. Somers said that, to deny renewal, there would have to be strong reasons, documented over five years. The contract is not exclusive, however the playing field must be level. Editor’s note: See RSA 53-C:3-b. Franchises are required to be nonexclusive, however a new entrant may not be granted a franchise on more favorable terms than the existing provider. Nevertheless, a new franchise may be granted on less favorable terms than those of the existing provider. It would appear that this provides a high barrier to entry for new market participants providing wired cable service, which is why only a few percent of municipalities have cable TV competition. Mr. Somers stated that a competitor could come in, but would need to install their own wires. He agreed that the capital investment is high.

Mr. Crawford asked what would happen if the Town denied Comcast the ability to operate, bought the plant and equipment and found someone else to operate the system. Mr. Somers said that that would be protracted and complicated, and would require documentation as to the problems. Mr. Crawford asked whether rates that are too high would be a reason to not renew. Mr. Somers said that they would not be.

Selectman Musselman gave the example of the $189 that Mrs. Morrow is paying. He said that it is clear that she has the wrong package, but people don’t know that. Selectman Mills reiterated the need for an information session. Selectman Musselman said that people need to know to call if they want to reduce rates. Selectman Jenness said that most people are not used to bartering. Selectman Musselman said that it is difficult, because the person is on the phone with a salesman, it is a little intimidating, and you have to know what to ask. They’ll offer packages that are more than you need, at a reduced price that will jump up later. It’s frustrating for someone on a fixed income to be able to wade through that.

Mr. Morrow said that electric rates are increasing all of the time, and that Cable is an easy target. Everything is increasing in price. Only gasoline has gone down.

(56:58 elapsed)

Selectman Musselman suggested that Comcast advertise to Rye residents the lowest available rate. Mr. Somers asked whether other companies do that, for example Fairpoint. Selectman Musselman asserted that Comcast is “catching people unwittingly into paying for more than they need and more than they want.”

There was then discussion regarding the minimum package. Mr. Somers passed a document across the table to the Selectmen. Selectman Mills indicated that he believed that the information comes with the bills. Mr. Somers responded that it did, once a year.

Selectman Musselman unfolded the document that he had obtained from Mr. Somers, held up the large, double-sided sheet and said “people can’t read that.” Mr. Somers argued that there were services in there that people wanted.

Selectman Musselman said that he saw the $24.60. “It’s in a sea of numbers,” he said. There was discussion about a senior citizen discount.

Selectman Musselman suggested having the Town put in the newsletter the minimum rates.

Mr. Doherty stated that the problem was not the $2.99 rental but the way the company behaves, slipping things in. He reiterated his complaint about the broadcast fee.

Mr. Somers agreed that he would review the newsletter article to make sure that all of the charges associated with the minimum rates had been captured.

Selectman Musselman said that his business has an office in Portland which pays through the nose with Time Warner. Dennis McCarthy quipped that the rates would be going down as Comcast is buying Time Warner.

As he was standing to leave, Mr. Somers stated that the discussion had been “very tame and was a ‘healthy dialogue.’”

Boston Post Cane, possible recipient (66:41 elapsed)

Selectman Mills indicated that a woman is going to turn 100 on May 11. He suggested to Brian Early of the Portsmouth Herald, who was sitting in the audience, that something be placed in the paper stating that they are looking for the oldest resident. Mr. Early requested an e-mail with details, so that the article can be more than one sentence.

Appointment of Deputy Health Officer (68:13 elapsed)

Selectman Musselman suggested that Building Inspector, Peter Rowell be appointed as deputy, for times when Health Officer, Gail Snow, is away. Selectman Musselman stated that he often goes with her when there are issues anyway. The motion carried unanimously.

Grant agreement: Parsons Creek Watershed Restoration Plan (69:55 elapsed)

Selectman Musselman said that he had reviewed and had a concern with regard to the order of tasks in the plan. He wants to make sure that the design work is not done on replacement systems until good water quality data is available on low tide sand seeps and until deep subsurface conditions are well understood. He suspects that there is a cobble layer beneath Wallis Sands that is causing part of the problem. The septic systems may not work if there is such a layer. He stated, however, that it was just a comment, and that the agreement should be approved. Mr. Magnant agreed that Selectman Musselman’s concern would be communicated. The motion to approve carried unanimously.

Letter from Rockingham Planning Commission regarding regional transportation (72:30 elapsed)

Mr. Magnant stated that there were only four projects, all on Route 1, and involved improving shoulders. Selectman Musselman asked about improvements to Ocean Blvd. He asked whether the study had yielded any new projects. He suggested that Ocean Blvd. improvements be added to the list.

There was discussion about Scott Vogel with the Rockingham Planning Commission having been involved in this.

Selectman Musselman said that bike, pedestrian and vehicle issues on Ocean Blvd. need to be addressed.

Public Works Director Dennis McCarthy added that the drainage along Ocean Blvd. is also an issue. It is the State’s, as it is in their right-of-way, but the Town ties into it. It is in horrendous shape. He asked how that could be added to the State program list.

The discussion then turned to red listed bridges. The question whether the Harbor Rd. Bridge was on that list. Mr. McCarthy stated that it was not red listed, but had been inspected and found to be satisfactory, although a load analysis could not be done.

There was discussion about the availability of state aid. Mr. McCarthy said that there is an eleven year waiting list, and a 20 percent match is needed. Selectman Musselman said that they are having trouble moving the money as there are not enough municipalities with the 20 percent to give out all of their bridge aid money.

It was then decided that, since the plan was to re-deck and repave the bridge, aid was probably not an option.

Other business: Condition of Central Rd. (79:53 elapsed)

Selectman Musselman referred to correspondence on this issue, indicating that it referred to Central Rd. as being a street where “some, but not all of the Selectmen live.” Editor’s note: Selectmen Mills and Jenness live on Central Rd.

Mr. McCarthy stated that there are unsuitable materials in that area, as it was a drainage way through which all of the drainage flowed at one time. This year some test pits will be dug. It will have to be full reconstruction, he said. He confirmed that it is by the Post Office and is probably the worst section of road in Town.

Mr. McCarthy said that there will be problems all over town as this is the worst February in many years, and thus will have the worst frost conditions since 1934. The roads will be worse when the frost comes out.

Selectman Musselman referred to the electronic evaluation of roads that will be done this year and can be used to reprioritize.

Mr. McCarthy stated that the section would be gotten to in 2-3 years based on the order of current progress. Full depth reconstruction is very expensive.

Selectman Jenness asked whether that section could be taken out of order. Mr. McCarthy stated that it could, except that it’s very small.

There was then discussion about the paving plan. There will be another section of Central Rd. done. Sections of Love Ln. need to be done. One section of Brackett is left, but it could be put off. Parsons and Pollock are two of the last remaining streets in that area. One question is where the money to cover winter expenses will come from. Typically that comes from the paving line as it’s the only one big enough. There may be a need to increase crack sealing as there will be a lot of cracks to seal up.

Selectman Musselman stated that they want to schedule the electronic evaluation so that Kittery, Rye and Manchester-by-the-Sea can be done in the same five day stretch. That will save a lot of money as the equipment is coming up from Maryland. Dover has an RFP and may piggyback as well.

Mr. McCarthy stated that there would be a figure for the Central Rd. repair later in the summer. There is not enough in the budget to do it this year, even if all of the paving budget is applied to that.

Selectman Mills stated that the person who sent the letter didn’t have the “guts” to sign it. The discussion then turned to reprisals being a concern to the person. Selectman Mills pointed out that the letter asserts that the “loader” is used only for moving the cans at the Recycling Center and is a waste of taxpayer money.

Mailbox replacements (87:55 elapsed)

Selectman Jenness asked a question of Mr. McCarthy. She said “when the snow finally melts, if it does, we’re going to have a lot of people who are claiming that the Town destroyed their mailboxes.” She asserted that none of them should be replaced as the Town can’t tell what was hit by a plow vs. destroyed by an embankment of snow as it got heavier and heavier. The money would be better used for the roads. Selectman Musselman indicated that there could not be differentiation between the plow that did the driveway and the Town’s.

Mr. McCarthy stated that they do investigate and determine whether it was hit by a plow or could not withstand the snow. They do not get that many requests as a lot of people fix them themselves. The big problem is the granite posts which break at the ground level. If it can’t be epoxied back together they’ll replace with a 4x4 wood post.

Selectman Jenness says that Boothbay does not replace mailboxes. Mr. McCarthy stated that NHDOT does not either.

There was then discussion of a car in a snow bank having been hit in the last storm. Mr. McCarthy stated that there is a lot of frustration and people are parking at the end of their driveways to keep the plows away. If the car is not moving, the Town is always at fault. There was only one car hit, and you couldn’t fault the driver as there was no way he could have known that there was a car there.

Selectman Mills asked who was leading on the chart, in terms of mailboxes, fences and cars. Mr. McCarthy said that they were all even.

Cost of scaffolding at Town Hall entrance (92:38 elapsed)

Selectman Mills stated that he had been signing the purchase orders and the scaffolding to protect the residents is very expensive. Editor’s note: The entrance to Town Hall has scaffolding over the walkway to the main entrance, apparently to protect from ice falling from the roof above.

Rye PTA auction of rides in police and fire trucks (93:30 elapsed)

There was discussion about this request, which was to allow the auctioning off of a ride in a police cruiser or fire truck. Selectman Jenness referred to the cost of taking a fire truck out. The discussion then turned to the fuel efficiency of the fire trucks. Selectman Musselman stated that it might be a gallon of fuel.

Selectman Mills said that it would be about the same as taking a fire truck to Dunkin Donuts. Mr. McCarthy stated that they do not go that far, but the cruisers do. There was laughter.

Selectman Musselman stated that the children entitled to rides would be chosen through a raffle.

The motion to authorize the police and fire to do this carried.

Non-public session (96:30 elapsed)

The Selectmen then voted to go into non-public session regarding personnel issues.