NOTES OF MARCH 23, 2015 RYE BOARD OF SELECTMEN MEETING

Final Revision B – 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 (arrived late), Town Clerk Beth Yeaton, Recycling Center Manager Alan Bucklin, Recreation Director Lee Arthur, Assessor David Hynes.

Persons present from the public included: Edward Bulmer, Lori Carbajal, Keper Connell, Peter Crawford, Joe Cummins, Rich Davis, Brian Early (Portsmouth Herald), Paul Goldman, Steve Hillman, Mel Low, Gregg Mikolaities, Ned Paul, Larry Rocha, Diedre Smyrnos, Beth Yeaton.

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 6:59:41 (0:00 elapsed).

Summary

1. The recount results for the Budget Committee race were announced. Ray Jarvis and Doug Abrams still received the most votes and were elected.

2. The Beach Committee was reappointed for another year, despite an assertion by Selectman Musselman that some members had gone rogue at the Deliberative Session.

3. Several abatements were granted. Assessor David Hynes admitted that he has lost a couple of cases in the Board of Tax and Land Appeals. He thus created a separate neighborhood for properties near Foss Beach to distinguish beach areas with lower values, rather than lumping them all together.

4. Harriet Goff will be retiring in May as Police Department Secretary after 33 years of service.

5. Lt. Steven Laing will be retiring from the Fire Department in May after 38 years of service. There was discussion about the day shift being reduced from three firefighters to two.

6. Options for Town Hall were discussed following defeat of warrant article. These included demolition, a new site, and continuing to pursue the existing design.

7. Purchase of Recycling Center stickers by North Hampton residents and summer renters was discussed. New Saturday Town Hall hours will help with sale/distribution of stickers.

8. Recycling Education Committee charge renewal was discussed but no conclusion was reached. The Selectmen characterized the Committee’s sponsorship of the petitioned pay-as-you-throw warrant article as “rogue.” Mel Low refused to serve on the Committee if the Selectmen are going to dictate what it can do. Food composting (available to all as of April 1) was viewed by the Selectmen as a positive achievement of the Committee.

Announcement of Budget Committee Recount results (0:37 elapsed)

Selectman Musselman announced the results of the recount (three persons running for two seats):

Original After recount

Ray Jarvis 839 839

Doug Abrams 734 737

Mae Bradshaw 722 724

Total votes cast 2295 2300

Selectman Musselman stated that five votes picked up were ballots that the machine could not read but a human could. This shows that a recount is a reasonable thing to do. The election stands as before, with Ray Jarvis and Doug Abrams elected.

Consent agenda (2:00 elapsed)

After Selectman Jenness so requested, items B and F (Seacoast Lacrosse use of Parsons Field and Driftwood Garden Club contribution) were removed from the consent agenda and items A, C, D and E (Eastern States 20 Mile Race, Letter from Debra Crapo regarding recycling, Rye Art in Bloom sign and Girl Scout Cookie Booth at Recycling Center) were unanimously approved.

Selectman Jenness expressed concern about the use of Parsons Field starting March 31, given the amount of snow. The request was unanimously approved after it was agreed that Public Works Director McCarthy would determine whether it was acceptable prior to use.

With regard to the Driftwood Garden Club contribution, Selectman Jenness stated that Mr. McCarthy had made a good impression at the Garden Club when he came to collect the check. Mr. McCarthy stated that it is a great and large group of people. The motion to accept and expend the funds carried unanimously. Town Administrator Magnant quipped that it was clear that none of the members’ mailboxes had been knocked down. Mr. McCarthy indicated that that was not the case.

Organization of the Board of Selectmen (5:21 elapsed)

Selectman Musselman stated that this is the only Board of Selectmen that he knows of that religiously rotates, and has been doing so for a very long time.

All were in favor of the following appointments, with abstentions as indicated:

Chairman of Board of Selectmen: Priscilla Jenness (Jenness abstained)

Vice-Chairman Board of Selectmen: Joe Mills

Planning Board representative: Priscilla Jenness (Jenness abstained)

Budget Committee representative: Craig Musselman

Historic District Commission representative: Joe Mills

Heritage Commission representative: Priscilla Jenness

Selectman Musselman stated that the term “Select Board” is creeping in from Vermont. However, the Selectmen have concluded that they should continue to call themselves Selectmen, as has been the case for 250 years.

When the Budget Committee was discussed, Selectman Mills stated that Selectman Musselman enjoyed cutting departments’ budgets. Selectman Musselman responded that he gets to “listen to Ray Jarvis.”

Minutes (9:24 elapsed)

After the leadership of the meeting was passed to Selectman Jenness, the minutes of the February 10 and February 23 meetings and the non-public session on February 23 were approved without changes.

Abatements (10:07 elapsed)

1. Phil and Mae Winslow, 100 Harbor Rd., map 192, lot 7. Town Assessor David Hynes stated that he had spoken with Mr. Winslow and found that the personal elevator inside the property had been valued incorrectly. It will be changed to the correct value for all properties with personal elevators. The new value is basically half of what the revaluation company had indicated. The change has been made for all properties in town, but this will not be reflected until the new bills come out. As Mr. Winslow filed an abatement for overpayment of last year, he recommends that the Board correct the inaccuracy. Selectman Musselman moved to approve the abatement to $1,903,100 as proposed. Editor’s note: The prior assessment was $2,144,700 according to the agenda. All were in favor.

2. Douglas and Carrie Yakola, 3 Whitehorse Dr., map 15, lot 1. Mr. Hynes stated that the property had recently been purchased, which provides a true sign of what the fair market value is. The functional and economic obsolescence depreciation was adjusted because their back yard is directly under the water tower. They got their property for roughly a 20 percent discount to the other properties on Whitehorse because of that. All were in favor of granting the abatement based on a new value of $793,600. Editor’s note: The prior assessment was $829,100 according to the agenda.

3. Edward and Virginia Bulmer, 1643 Ocean Blvd., map 13, lot 20. Mr. Hynes explained that all of Ocean Blvd. is a single neighborhood. He stated that he had lost a couple of cases at the BTLA. Editor’s note: BTLA stands for Board of Tax and Land Appeals. All properties had the same base values. However, the values depend on where the beaches are and which beaches command higher values. This property is in the Foss Beach area which extends from Ragged Neck to Washington Rd. There were enough sales to indicate that that section needed to be designated as its own neighborhood. Doing that, he arrived at the new value. All properties in that section will be assigned new values in the coming year. Mr. Bulmer was present and added that the 2012 Reassessment has flaws and was done without comps. This year there are two comps close to his house. Selectman Mills encouraged Mr. Bulmer to “beat him up” and ask for more. Selectman Musselman interjected “wrong side, Joe.” The motion to approve the abatement, based on a new value of $642,300, carried unanimously. Editor’s note: The prior assessment was $711,600 according to the agenda.

4. Rimbach Family Revocable Trust, 731 Washington Rd., map 11, lot 57. Mr. Hynes explained that this was one the first cases filed after he became assessor. The prior assessors had kept changing the structure of the house without completely understanding what they were doing. He went through the entire house in 2013. He set the assessment to the correct level, however Mr. Rimbach disagreed as he liked the prior value which was a lot lower. The abatement had previously been denied, but Mr. Rimbach filed again. There being no new data, Mr. Hynes recommended that it be denied again. The motion to deny the abatement carried unanimously. Editor’s note: The current assessment is $367,400 according to the agenda.

Beach Committee, Blue Ocean Society Report (20:51 elapsed)

Keper Connel introduced Jen from the Blue Ocean Society. She stated that the organization has been based in Portsmouth since 2001. They have an “Adopt a Beach” program for beaches between Portland, ME to Salisbury, MA. They clean 35 miles of beach. Of the cleanups, 25 percent are in Rye. The number one item picked up is cigarette butts. Second is plastic bottle caps. There was further discussion about the reasons for increases in the data and sources of the cigarette butts.

Beach Committee Charge (31:14 elapsed)

Selectman Musselman stated that the charge needed to change as it previously referred to what to do with the Beach Commission. That has been dealt with. Editor’s note: The 2015 Warrant Article (21) to dissolve the Beach Commission passed 894-535. “Some members of the Beach Committee went rogue at Town Meeting, or Deliberative Session, and we wound up dealing with that. So that’s a done deal,” Selectman Musselman said.

Selectman Jenness stated that it has been wonderful to have more eyes and ears on the beach, as well as more feedback. The old charge does not mention the Police Department, only the Fire Department. Police Chief Kevin Walsh has been attending the Beach Committee meetings and the Police Department is the enforcing authority on the beach. He needs to be brought into this, she said. Also there needs to be discussion of the Tighe & Bond report and the report of the Beach Committee. She referred to conflicts between the reports that need to be ironed out. While the Committee requests an increase in resident parking spaces, the Tighe & Bond report indicates that there is sufficient parking for residents except at very peak times.

Selectman Musselman suggested a revised Beach Committee charge extending through March 31, 2016. He suggested that the Town Administrator prepare a draft charge with input from individual selectmen. The motion to do so carried unanimously.

Police Secretary retirement and new job description (34:34 elapsed)

Police Chief Kevin Walsh explained that the current secretary would be retiring at the end of May after 33 years. He would like a new job description for a Police Administrative Assistant. All were in favor of the motion to approve the new job description. Editor’s note: See later in these notes regarding the retirement of Harriet Goff.

Metro message board waiver of bid process (35:54 elapsed)

Chief Walsh stated that they wanted a 73 inch by 49 inch message board with a specific number of pixels. Other companies offer products, but these are large. Only Wangco (sp?) offers this size. Chief Walsh also referred to an AGM battery and touch screen. The bid is for $19,150. The budget is $20,000. All were in favor of waiving the bid process and purchasing the message board.

Recreation Department Background Check Policy (37:41 elapsed)

Recreation Director Lee Arthur explained the new law on youth camp providers. The Recreation Department has 80 volunteers for youth programs, all of which must have their backgrounds checked. The most common problem that occurs is a DUI, which may be 25 years old and may or may not result in disqualification. The motion to approve the policy carried unanimously.

Retirement of Lt. Steve Laing from the Fire Department, 3 vs. 2 firefighters on day shift (41:33 elapsed)

Interim Fire Chief Tom Lambert stated that Lt. Laing will be retiring May 1 after 38 years with the organization. He would like to fill a firefighter position and wait on filling the Lieutenant’s position. Selectman Musselman stated that there is a question of whether they want to have three firefighters on that shift or two. Selectman Mills asked whether the plan was to hire a paramedic or an EMT. Chief Lambert stated that the last couple of hires had been paramedics and that they would start at that level, although it may be difficult to find someone. Selectman Musselman stated that they would like to understand the roles and responsibilities of the third person and the frequency of use and ability to fill in when there are gaps elsewhere. The Town has not been in a position before to evaluate whether a third person is needed on a shift, he said.

Selectman Mills asked Chief Lambert whether that was a shock. Chief Lambert responded that not a lot shocks him anymore. Normally, however, he would be looking to increase the staffing to three on all shifts, not to reducing one of the shifts from three to two. Selectman Musselman stated that the issue of a third person on the day shift had been under discussion by the Board of Selectmen for 5-6 years.

Selectman Mills stated that Chief Lambert is not as talkative as the prior Fire Chief, is quiet, but doing a good job.

Town Hall next steps (47:39 elapsed)

Selectman Jenness stated that a letter of thanks should be sent to those who had served on the Town Hall Committee. The Committee’s charge will end on March 31. There will be nothing more to do unless a decision is made do something about that. Now, it will be back to the drawing board and there may be a need for a new Town Hall Committee with a new charge, she said.

Selectman Musselman indicated that there had been a meeting with legal counsel since the Town Meeting regarding petitioning the court to hold a special town meeting. However, counsel had advised that they would need to meet the statutory definition of an emergency and his view is that they could not come close to doing so. The need is to work towards consensus of the community. The problem needs to be solved and the current building is unacceptable. Options of continuing with the existing plan, demolition of this building and the creation of a new building on this site, as well as other sites need to be looked at for town offices while the sale of the existing Town Hall to others is pursued. In the next year, some manner of posing the question back to voters needs to be looked at.

Selectman Musselman continued, stating that they are starting anew and cannot spend significant amounts of money and in fact he does not believe that anything can be spent on the previous alternative. Fresh blood and people with different views are needed. Listening and the seeking of a consensus is needed.

Selectman Mills suggested that the opinions of each Committee member should be sought in the form of a one page letter indicating whether a tear down, rehab or new site is appropriate.

(53:59 elapsed)

Paul Goldman, 1190 Washington Rd., Chairman of the Town Hall Committee started to speak. Selectman Mills stated that he had salvaged the whole committee. Mr. Goldman stated that he was willing to serve in any way the Board of Selectman sees fit. An accurate capturing of the voice of town citizens is needed. The charge that they operated under involved keeping the existing Town Hall. That turned out not to be acceptable to the Town, based on the vote. The most difficult part will be in the beginning, and knowing what the charge is from the Selectmen based on an understanding of what the voice of the Town is.

Selectman Musselman noted that the vote came nowhere close to a 60 percent vote on renovating the existing building. There needs to be an eyes open assessment as to whether 60 percent would agree to demolish the existing Town Hall. “We may well be between a rock and a hard place,” he said. If that’s the case, a third option may be needed.

Mr. Goldman spoke about the $4.1 million figure having been put out there and the general public not understanding that, while it may be true that it would be less expensive to tear down the existing Town Hall, there would be a not insignificant cost to move the town departments while the building is torn down. That might make the cost of renovating close to that tearing down and rebuilding, he indicated.

Selectman Musselman raised the issue of voting space, and whether it is advisable from a safety standpoint to continue voting at the Elementary School while school is in session. Chief Walsh indicated that the school must close for national elections. When there is major contested town election there is no place for anyone to park. It is difficult for the officer inside to tell a voter from a teacher, aide or parent, and not all of the ways in can be monitored.

Town Clerk Beth Yeaton suggested a survey as a way to arrive at a charge. Town Administrator Magnant referred to prior surveys. He stated that he has spoken with an individual from the University of New Hampshire about a survey. The wording of the questions is critical. There is also the question of whether the survey is to be by telephone or by mail, and what the biases might be. Selectman Musselman suggested a survey be included in a Town newsletter. Town Finance Director Cyndi Gillespie pointed out that an earlier committee had done a survey, and that she has the information.

Correspondence (65:22 elapsed)

A. The was a letter from NHDOT regarding the discontinuance of two street lights on Lafayette Rd.

B. There was a letter from Harriet Goff providing notice of her retirement on May 29, 2015.

C. There was a letter from Ray Jarvis regarding his resignation from the CIP Committee.

D. There was a letter from Jim Sullivan regarding his resignation from the Recreation Commission.

E. There was a letter from Timothy Horne regarding his willingness to donate $10,000 to help clean up a section of the beach from just south of Cable House to the first major public area. Selectman Mills indicated that the Cable House was at Cable Rd. Extension.

The motion of Selectman Musselman with regard to B, C and D that a letter be sent thanking the individuals for their service carried unanimously. Selectman Mills noted that the departure of Ray Jarvis would create a big hole to fill.

The discussion then returned to the Horne letter. It was revealed that the letter refers to the removal of rocks, continual seaweed and other debris. Jen from the Blue Ocean Society indicated that they clean that area periodically.

Upon request from Keper Connell the letter, which was addressed to Peter Kane, was read,. Selectman Mills stated that he was the last “living” member of the Beach Commission. Editor’s note: The others are not deceased, but their terms expired and replacements were not appointed. Warrant Article 21, dissolving the Beach Commission passed on March 10, 2015, 894-535.

Selectman Mills indicated that the machine cannot groom that area of beach with all of the rocks. Keper Connell asked whether he was referring to all rocks or just those above the low water mark. He also referred to the seaweed growing there as a habitat. Selectman Jenness stated that they do not remove rocks from the beach and removing seaweed is questionable due to the sand removed along with it. There was some discussion of staff discussing the issue with Mr. Horne, then getting the Beach Committee involved.

The discussion then returned to the Route 1 lights. Chief Walsh stated that he preferred that the lights remain. Mr. Magnant stated that the State was asserting that the lights could remain on if the Town assumed the financial obligation. Selectman Mills suggested political pressure from David Borden and Nancy Stiles as the State is attempting to shed its responsibilities. Editor’s note: Mr. Borden is, along with Tom Sherman, the State Rep. for Rye and New Castle. Ms. Stiles is the State Senator for Rye, Hampton and a number of other towns in the Seacoast area. Selectman Musselman stated that the cost should be determined. Mr. Magnant stated that he and the Chief would follow up.

Ned Paul, 48 Pine St., referred back to Ray Jarvis’ resignation and asked about the process for someone who wants to join the CIP Committee. Selectman Jenness indicated that the person should write a letter and the Chairman should write a letter recommending the person. In this case, Mr. Paul as Vice Chairman would do this. Editor’s note: Mr. Jarvis was Chairman of the CIP Committee. Mr. Paul indicated that they were thinking about two candidates. Selectman Musselman suggested that Mr. Paul consult the statute and make sure that the statutory requirements for membership are being met.

(74:34 elapsed)

Selectman Jenness stated that there was a letter from Gregg Mikolaities regarding establishment of a Recreation Space Needs Assessment Committee and a letter from Steve Laing regarding his retirement.

Mr. Mikolaities stated that they had wanted to wait until the Town Hall had been addressed. Money was appropriated a year ago, RFPs were sent out, and an architect/space needs consultant was selected. They are very space restricted and there is a lack of space at the church. Lee Arthur is doing a great job and they are spread thin. He stated that he was willing to chair the committee.

Selectman Musselman stated that it should be a Selectmen’s Committee not a Recreation Committee. He suggested that townspeople who are not users should be included, along with users, Budget Committee members and perhaps a Selectman. Having people on the committee who may not want to spend a lot of money may be a good idea.

It was agreed that Mr. Laing’s resignation would be accepted and a letter of thanks would be sent to him.

Appointments (80:29 elapsed)

The Beach Committee was addressed first. Keper Connell stated that he had submitted his letter asking to be appointed that morning. There was further discussion indicating that this made four, along with Lori Carbajal, Larry Rocha and Steve Hillman, whose names appeared on the agenda seeking to be reappointed. Larry Rocha indicated that he had recommended the four in his letter. A fifth member had not been attending meetings. All were in favor of appointing the four for a year.

The Historic District Commission was addressed next. Selectman Musselman asked Selectman Mills whether he would like to make the first motion. Selectman Jenness indicated that there was a letter from Mae Bradshaw seeking reappointment and a letter recommending her from Phil Winslow. Selectman Musselman then moved to appoint Mae Bradshaw as a member and Leo Axtin as an alternate. Selectman Jenness asked Selectman Mills whether he seconded the motion. He said yes. All were in favor. Editor’s note: The agenda indicates that all appointments are for three years, from April 1, 2015 to April 1, 2018, unless indicated.

Richard Davis was unanimously reappointed as a member to a three year term. Mr. Davis added that Sara Hall should also be reappointed. Ms. Gillespie indicated that no letter had been received.

Gregg Mikolaities was then reappointed to the Recreation Commission.

Resident and Non-Resident Recycling Facility Stickers (84:57 elapsed)

Selectman Musselman indicated that he had added this item to the agenda. The stickers will be easier to issue since the Town Clerk’s Office will now be open on Saturday. He suggested a charge for the stickers. Many New Hampshire communities charge $10, and some even charge $30. Selectman Mills indicated that he was opposed. Selectman Jenness stated that they should encourage recycling and was also opposed.

The issue of non-resident stickers for North Hampton residents was then raised by Selectman Musselman. As they have no waste disposal facility, their only option is to hire a hauler at a cost of $90 per quarter. Many elderly residents cannot afford that and some take their trash to the grocery store. He suggested that a charge equal to the cost of waste disposal, less the revenues, divided by the number of residents in Rye. That would work out to about $160 to $170 per year. Access would only be available Wednesday, Thursday and Friday. There would be no access for yard waste and leaves. Selectman Mills suggested that the Town Hall survey include this issue as well. Selectman Musselman stated that the survey could then not go out until the Fall Newsletter.

Alan Bucklin of the Recycling Center, spoke of concerns about traffic on Wednesday, Thursday and Friday during the summer. He stated that he is a North Hampton resident and at one time was on the Recycling Committee there. They do not recycle like Rye residents do. He stated that North Hampton has a small recycling facility, but they do only a fraction of the tonnage that Rye does. Selectman Musselman stated that that is always the case when curbside collection is available, as the recycling then needs to be driven elsewhere and only 10 percent do that.

Selectman Jenness stated that they had been led to believe that people from North Hampton were already coming without stickers. Mr. Bucklin acknowledged that some of them might be sneaking in. He expressed concern about increased wait times for Rye residents. Selectman Musselman disagreed, stating that the increase would be minor as they the North Hampton residents have become used to curbside collection and would not switch. He indicated that a limit could be placed on the number of non-resident stickers.

Public Works Director Dennis McCarthy raised the issue of summer renters. These now get temporary stickers. They might want to look at a sticker charge for them, purchased by the landlord. He spoke about the process of implementing the stickers as being a long-term one, with stickers issued when cars are registered and colors changing every three years.

There was further discussion about how a sticker program for renters might work.

Recycling Education Committee Charge (102:30 elapsed)

Selectman Musselman stated that the organics program and encouragement of additional recycling had been successful. Selectman Mills stated that the bag tax had not been. Selectman Musselman agreed. Selectman Mills added “Thanks to you, Mr. Low.” Editor’s note: The pay-as-you-throw warrant article, number 25, failed 222-1272 earlier in the month.

Mel Low asked to make a comment. He stated that the town newsletter, in an SB2 town, is supposed to be non-prejudicial, but it was, against the pay per bag. “That was a no-no. It’s never been done before. Remember when we used to have Jack go through that town newsletter and make sure…” Editor’s note: Mr. Low is a former Selectman. Mr. Low said that they would not have lost as badly if the Selectmen had not come out against them.

There was then disagreement about the charge. Mr. Low said that it was to look at other towns. Selectman Musselman disagreed, and read the charge: “To educate town residents on recycling and maximizing the effectiveness of the town source-separated recycling dropoff facility at the transfer station.”

Selectman Musselman continued, stating that “your charge was to educate citizens on how to improve the effectiveness of our recycling facility. You came to us and said, does that limit us to going out to other towns and finding new programs? And we said well we really intended you to do this but, no, I don’t know that that’s precluded” He raised his voice as he said the last sentence. Selectman Musselman disagreed that that expanded the charge. He argued that the Committee had gone into an area where they knew they had no support of the Board. He stated that criticizing the Selectmen was not fair, and said that, in retrospect they should have come down on it like a ton of bricks when it was first proposed.

Mel Low spoke up to say that Alan Bucklin had done a great job and knows a lot about recycling.

Selectman Musselman asked what the newsletter had said. Mr. Low responded that it stated that the article was not recommended. Editor’s note: The March 2015 Town Newsletter, page 2, says that “[t]he Board of Selectmen did not recommend this article by a vote of 3-0 in the belief that, if approved, it will place an unfair burden on those who recycle as opposed to those employing a commercial trash hauler.” Since there was no appropriation associated with the warrant article, neither the Budget Committee nor the Board of Selectmen were required, or permitted, to make a recommendation that appeared on the ballot. See RSA 32:5, V. Deidre Smyrnos stated that this was the only petitioned warrant article singled out for this treatment. Editor’s note: Mr. Low and Ms. Smyrnos served on the Recycling Education Committee, along with Alan Bucklin who served as a non-voting member.

(108:04 elapsed)

Selectman Mills stated that “you people” had gone against the rule from day one. He said that, as far as he is concerned he would sunset the whole committee, do away with it and have new members come in. Mel Low said that he felt that too.

Selectman Musselman in response to a comment from Ms. Smyrnos acknowledged that they had received permission to research, but not to propose a warrant article. He said that, to get something done, they should work with people, find a consensus and then build on it.

Mr. Low commented that democracy is very difficult. “Democracy’s hell, but that’s all we’ve got,” he said.

Selectman Jenness added that Mr. Fox’s kitchen waste recycling program is a good thing. Ms. Smyrnos stated that it would be expanded starting April 1.

Selectman Musselman asked whether, if there is a recycling committee in the next year that they would not be dealing with pay-as-you-throw. Ms. Smyrnos said “I suppose, yes.”

Mr. Low said “if you’re going to dictate what we we’re going to do as a committee, I don’t want to be on it. I don’t want to waste my time…” He refused to commit to not looking at pay-as-you-throw.

Selectman Musselman stated that curbside pickup with pay-as-you-throw is the best long-term solution as it uses ten percent of the energy but it costs more out of the public budget and it generally fails because of that. People don’t mind using their own gas and their own time. But, there are trash trucks driving most routes in Rye to pick up trash and 75 percent of the town drives to the Transfer Station every week. It’s nuts, he said.

Mr. Low said that the Transfer Station provides a unifying effect for the town. Selectman Musselman questioned how one could run for office without it.

Mr. Magnant tried to change the subject to Old Business, at which point Mel Low left.

The question then arose as to what had been done about the Recycling Education Committee. Selectman Musselman said that they had done nothing as they do not know what they have, given Mr. Low’s statement.

(114:08 elapsed)

Ms. Smyrnos stated that a lot of education had been done. If nothing else, a conversation regarding the flat-lining of the recycling had started. They have been criticized for the pay-as-you-throw warrant article after meeting with the Selectmen, meeting after meeting, the whole time.

Selectman Mills raised the issue of a request having been made that the Energy Committee recommendation not being included in the warrant article. Selectman Musselman said that the Committee had refused and that the Selectmen thought that that was “extraordinarily inappropriate.” Selectman Musselman said that “instead of you working with us, we had to get the people at the Deliberative Session to vote to remove it.” Selectman Mills said that it had not made any friends with the Selectmen.

Selectman Musselman said that they had been at odds for six months, the Committee had gone off in its own direction and had gotten 25 percent of the vote. He chuckled and added that they had not gotten many votes for Town Hall either.

Selectman Jenness said that she did not believe that the baby should not be thrown out with the bath water and that there is a role for education.

Selectman Musselman agreed that there was a place for that, but they want to be able to make proposals regardless of what the Board of Selectmen think or what the community consensus is. He said that he also would not want them to propose single stream. It would increase recycling in Rye more than anything they could do, but there is not a consensus on the Board and there’s no sense having a warrant article with a subcommittee for it and a Board of Selectmen against it. He expressed concern that they would do it again.

(118:09 elapsed)

Selectman Musselman said that the Committee is done. “You don’t exist,” next week, he said. There would need to be a new charge and new committee appointments, he said. Selectman Mills said that it would be discussed in two weeks.

Selectman Jenness said that they needed to create a charge. Selectman Mills interjected “sunset.” Selectman Mussleman said “maybe we need a more specific charge. Let’s think about a more specific charge. And then agree that we’re not going to go rogue. Unless we have a new charge the following year.”

Dennis McCarthy spoke up in support of the Committee on the kitchen waste program and good articles in the Town Newsletter. He highly recommended that a Committee be re-charged.

Selectman Musselman suggested engaging some of those who had been adamantly opposed to pay-as-you-throw. He suggested Tom Pearson. Then referring to the reconsideration in two weeks, he said that all of them may vote no. We’ll see, he said.

Ms. Smyrnos stated that they had understood that the Board of Selectmen did not support pay-as-you-throw but did not know that they did not want the petitioned warrant article to be pursued.

Selectman Musselman said “we didn’t want to stand up against mom and apple pie with something that we were not comfortable with. And squash you. We should have squashed it. That’s what we should have done.”

Selectman Jenness said that a discussion had been held in a lot of households. Selectman Musselman said that he was surprised at the small number of votes.

Selectman Jenness said that the statement in the Town Newsletter about Eliot, ME not being a beach community was a fact, not electioneering. Ms. Smyrnos noted that Sandwich, MA does, and that was in the presentation.

Firefighters union contract (125:19 elapsed)

Mr. Magnant said that he was looking for a motion to execute the collective bargaining agreement. Selectman Mills said that he was not going to sign the agreement and was voting no. The others voted yes.

Non-public regarding personnel (126:29 elapsed)

The Selectmen then voted to go into a non-public session regarding personnel and the public portion of the meeting ended at approximately 9:07 p.m.