NOTES OF APRIL 13, 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 and sitting in the audience:  Public Works Director Dennis McCarthy, Interim Fire Chief Tom Lambert, Police Chief Kevin Walsh. 

Persons present from the public included:  Steven Borne, Lori Carbajal, Peter Crawford, Dave Cropper (Cinnamon Rainbows), Joe Cummins, Steve Hillman, Ryan McGill (Summer Sessions), Tyler McGill (Summer Sessions), Del Record, Larry Rocha, Deidre Smyrnos, Michele Sopher.

 

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 6:53:10 p.m.

 

Summary

 

1.      Summer Sessions beach permit tabled for two weeks after e-mail from resident expresses concern about possible activities last year beyond the scope of the permit.

2.      Public Safety Building Energy audit reveals shortcomings in the construction and configuration leading to energy waste.

3.      Winter-related costs will be $45,000 to $60,000 above budget.  It appears that, rather than reducing the paving budget to compensate, other surplus areas will be reallocated to address the shortfall, rather than returned to taxpayers as in past years.

4.      Recycling Center sticker implementation is proceeding.  These will be free to Rye residents, but may be offered to North Hampton residents for a fee.

5.      The Selectmen question whether filling a Fire Department position is needed as it would place a third person on one of four shifts.  Further study is needed.

6.      The charge for a new Town Hall Committee was approved.  Renovation of the existing Town Hall, demolition and construction of a new building, and construction of a new building on another site will be considered, as well as any other options identified.

 

Consent Agenda (0:45 elapsed)

 

            Selectman Musselman pulled Item B (Summer Sessions permit) from the Consent Agenda and Selectman Jenness pulled Item C (sign request for Rye Driftwood Garden Club). 

            With regard to Item A, the Cinnamon Rainbows permit, Police Chief Kevin Walsh stated that all was in order.  It is the same permit as the prior year. 

            The motion to approve items A, D and E (Cinnamon Rainbows permit, Seacoast Science Center letter and request for seawall repair from Suzanne and Jay McFarland) carried unanimously.

 

Summer Sessions beach permit application (1:50 elapsed)

 

            Chief Walsh stated that a report was due by July with respect to the number of classes and participants.  He stated that it was brought to the attention of the Police Department that restroom facilities or some sort of a system needs to be set up.  Outside areas may have been used as restrooms.  They are asking for more than the prior year for lessons.  He anticipates that the Board of Selectmen will want to see the data from 2014 with respect to the lessons, including the number of lessons, participants and instructors.

            Selectman Jenness noted that last year’s permit had stated that the activity would remain approximately the same as the prior year.  Data for both last year and the prior year are needed, she said.

            Selectman Musselman asked whether last year’s activity had been within the confines of the permit.  Chief Walsh stated that that appeared to be the case, although he acknowledged that the Selectmen had been presented with information indicating that unauthorized activities may have been occurring.  He referred to four groups doing warm ups together.  Editor’s note:  This is an apparent reference to the permit allowing four groups of three participants each, plus an instructor for each, being allowed under the terms of the permit, in addition to a separate ongoing large group lesson. 

            Selectman Musselman made a reference to other communities having activities in Rye through Summer Sessions.  He referred to Newburyport.  Selectman Jenness added Brentwood and Barrington.  He noted that these are advertised as “lifeguarded beaches” which we pay for and they don’t.  He asked how often that was happening and whether those numbers were within last year’s permits.  Editor’s note:  It is unclear exactly how other communities’ programs are coupled with Summer Sessions.

            Chief Walsh responded, saying that he had personal experience with the Newburyport group.  He talked to the Camp Counselor.  There were 10-15 participants and they had rented boards from Summer Sessions. The lessons are on Sawyers.  He said that he is not sure where the Board wants to put the boundary line on the rentals.

            Selectman Musselman asked whether this was counted as part of Summer Sessions’ total even though there is some common advertising.  Chief Walsh agreed that this was not counted.  He stated that they were marketing to groups to come rent their equipment.  Selectman Musselman stated that it appears that the Newburyport group does not have a permit.  They should be under Summer Sessions’ permit or have their own permit, he said. 

            Chief Walsh stated that it was tough to tell whether a lesson was being conducted or whether the kids were being supervised as they went out on surfboards.  Selectman Musselman stated that the other groups that Summer Sessions is co-advertising with need to be added.  Editor’s note:  From the material obtained by the Civic News, it is unclear whether Summer Sessions is actually advertising or is just being listed by the other groups.

            Selectman Musselman asked about people dropping off kids and remaining in the resident parking area.  Chief Walsh responded that parking enforcement is permitting unloading, following which the vehicle must leave.  This is also true of Cable Rd. and Wallis Rd.  When people leave the car and go up the shale pile, parking enforcement tickets them. 

            Selectman Jenness reminded everyone that Sawyers Beach was purchased with Rye taxpayer money.  She showed a photograph indicating parking on the Eel Pond side across from Sawyers Beach.  She does not believe that there is any parking allowed there.  Chief Walsh agreed, and stated that they get tickets when Parking Enforcement is down there.

            Selectman Musselman stated that it sounds like it is out of control.  He suggested that the matter be tabled.  Selectman Mills then noted that the McGill brothers were present.

 

(6:50 elapsed)

            Tyler McGill stated that he was deeply involved in creating the permit process and wanted to add some clarifications.  Editor’s note:  Tyler McGill served on the Beach Use Ordinance Committee in 2013 and early 2014 which came up with the language for 2014 Warrant Article 23, establishing beach permits, which passed 924-733.  He and his brother Ryan McGill are co-owners of Summer Sessions.  He stated that all of their camps had been within the 35 persons allowed by the permit.  The permit also allows for private lessons at the same time that the camps are going on.  One to four lessons of no more than four people are allowed.  Newburyport had asked not to be involved with the kids camp, but preferred a private lesson.  They had responded that this could be accommodated as long as the numbers were adhered to.  Rentals are outside the scope of the original permit which is for two years.  No complaints came into the shop from residents, parents are people on the beach that were interfered with by the camps.  He would like to see the report.  It is skewed to a particular vantage point.  He requested that the lifeguards, who are present there all of the time, should come in and talk about the activities from their perspective.  He stated that his experience is not consistent with what is implied in the report.

            Selectman Jenness stated that this is why the matter is being tabled.

            Ryan McGill stated that they were asking for two camps, one at 2:30 and the other at 4:30, for parents who could not get to the morning or midday sessions.  Everything else would be the same and the number of lessons would not increase. 

            Tyler McGill asked to see the file before the next meeting.  Selectman Musselman responded that they would like to see the data before the next meeting.  Tyler McGill again asked to see the file.  Selectman Musselman stated that they would talk about that. 

            Chief Walsh stated that he had received a copy of the insurance, but it refers to Town of Rye Rec. Department, Lee Arthur.  He is not satisfied with that.  It should say Town of Rye, he said. 

            Selectman Jenness stated that, while the permit is for two years, things that need to be changed need to be looked at.  Restroom facilities may be one of those things, she said. 

 

(15:11 elapsed)

            Selectman Mills asked Selectman Musselman what the source was of the report that Summer Sessions is requesting.  Selectman Musselman responded that the Chief was asking them for data for last year.  Tyler McGill stated that the data is available from their online bookings and could be printed out.  He stated that they do not have sufficient staff to do more than three lessons while the camps are occurring.

            Selectman Jenness added that anyone that goes through them that uses Sawyers Beach should be included.  Tyler McGill responded that it was clearly stated that rentals are not included in the permit.  He stated that he does not have those numbers.  Selectman Jenness stated that an adjustment to the permit may be needed.  Tyler McGill pointed out that the boards could be taken elsewhere.

            Selectman Musselman asked whether it had been advertised, with respect to the Newburyport program, that Summer Sessions would rent the equipment.  Tyler McGill reiterated that rentals are outside of the permit.  Selectman Musselman stated that they were going to have to do something about that as eight communities could be holding programs in Rye.  He asserted that the programs were advertising with Summer Sessions.

            Tyler McGill reiterated the terms of the permit.  One to four coaches are allowed in the water doing private lessons at the same time that kids camp is occurring.  When Newburyport Rec. is saying that Summer Sessions is taking us out, that is within the one to four coaches.  The week that Newburyport comes up there are three coaches with ten kids in the water, which is part of the permit.

            Selectman Musselman stated that they would deal with the issue as other communities Rec. departments are not funding our cost.

 

(21:08 elapsed)

            Lori Carbajal, Rye Beach Committee, pointed out that the fact that 2-3 simultaneous lessons are occurring needs to be disclosed to the Town. 

            Steve Hillman, 399 Central Rd., stated that he would love to see the letter and asked why it was not part of the minutes or the public record.  Selectman Jenness stated that it was not a letter.  He asked where it came from.  Selectman Jenness responded that, if he came back in two weeks, he would see.  Mr. Hillman asked why something secret was being discussed.  Selectman Jenness said that it was not a secret. 

            Mr. Hillman asked whether it was a letter from a resident or something put together by a group.  Selectman Musselman stated that it was an e-mail from a resident, similar to a phone conversation, which raised these questions that they are going to get answers to.

            Mr. Hillman stated that usually when an e-mail comes through and is discussed at a meeting it becomes part of the meeting and a copy is provided at the meeting.  Selectman Musselman and Jenness interjected “sometimes.”  Mr. Hillman asked whether it was their discretion, and said “I don’t get it, what are you hiding?”  Selectmen Musselman and Jenness stated that they were not hiding anything.  Mr. Hillman then asked why he could not see it.  Selectman Jenness responded that it was an e-mail, not correspondence. Editor’s note:  Per N.H. Rev. Stat. Ann. (“RSA”) 91-A:1-a. III both letters and e-mails fall within the definition of “governmental records.”  These must be produced when requested by a member of the public.  RSA 91-A:4, I.  Selectman Musselman said that “they” (apparently referring to Summer Sessions) had made the same request and that they would respond to it.  He continued, saying that they wanted to ask the questions and didn’t know whether they were non-issues.  Mr. Hillman stated that, usually, when a complaint is received from one resident it is unfounded.  He asked whether the resident was not present.  Selectman Musselman, sitting with his arms folded, tersely replied “no.”  Mr. Hillman asked what good it was, and accused the Selectmen of talking in circles.  He asked that the letter be put out in the open and discussed for real.

            Selectman Jenness stated that it would be discussed in two weeks.  The reason that it is being tabled is that they do not have the promised data.

 

(24:52 elapsed)

            Larry Rocha, 39 Perkins Rd., stated that he had found the swim area for Sawyers Beach to be an issue.  At times it is only as wide as this room, he asserted.  Sometimes the lifeguards are reluctant to make it wider.  It has to be clear that there needs to be a minimal swim area, whether it is 50 or 60 yards.  Selectman Jenness agreed, stating that it was originally purchased as a swimming beach. 

            Del Record, 260 Grove Rd., stated that he was a member of the committee that developed the language for the permit.  With regard to rentals he wanted to go on the record that he would regard it as a personal affront if issues that were hammered out, meeting after meeting after meeting, were disregarded, as long as these guys are working within the scope of the permit.  Selectman Musselman stated that it is a two year permit and no change is contemplated.  Mr. Record stated that he sees a change coming down the road.  Selectman Musselman stated that it might, five or ten years from now. 

            The matter was tabled.

 

Sign for Rye Driftwood Garden Club (28:21 elapsed)

 

            Selectman Jenness noted that a raffle should be included in the request.  All were in favor.

 

Minutes (30:12 elapsed)

 

            The minutes of March 23, 2015 were unanimously approved without changes, as were the minutes of the non-public session of the same day.

 

Public Safety Building Energy Audit (30:40 elapsed)

 

            Town Administrator Magnant indicated that Dana Nute from the Resilient Building Group in Concord was here to present his report.  Michele Sopher from the Energy Committee is also present.  She was helpful in drafting the RFP.  Mr. Nute stated that Paul Leveille who had done much of the work, was with him.  He stated that Eversource, formerly known as PSNH, had paid for half of the work. 

            A number of problem areas were found, including dampers that were not working.  There is also heat loss around the radiant floor.  A thermostat on a wall which is always less than 45 degrees is also constantly calling for heat.  Correcting that problem will save $1300 to $1500 in oil annually.  There is a lot of air loss from the attic.  The controls on some of the blowers are not working correctly. 

            The oil tanks are located outside, necessitating the use of kerosene, which is more expensive than number two heating oil.  Editor’s note:  Kerosene also has a lower heat content per gallon than heating oil.  Kerosene is apparently needed as heating oil will gel at low temperatures. 

            The Public Safety Building is above average for facilities of similar type, and is within the top 40 percent.  However, there are a number of comparable facilities that are 100 years old.

            Mr. Leveille stated that there is no outdoor reset for the boiler.  Even though the system has that capability, it is not used.  Editor’s note:  An outdoor reset lowers the temperature of the water circulating through the building when it is not as cold outside, saving energy. 

            Mr. Nute stated that a blower door test had been done to locate areas of infiltration.  He went through a long list of recommendations, providing payback estimates for each. 

 

(61:43 elapsed)

            Mr. Magnant asked which improvements should be done first.  The responses were retro commissioning and air sealing.  The retro commissioning would address a lot of the systems that are not working as they should be. 

 

Personnel policy changes (67:18 elapsed)

 

            The policy was approved after some minor changes.

 

Winter expenses (69:06 elapsed)

 

            Public Works Director Dennis McCarthy addressed this issue.  The Seacoast has received 105 inches of snow since January 1.  Overtime is already at $47,000 compared to a budget of $34,000, which includes the Transfer Center.  Salt expenditures were not too high, but only because the salt was unavailable or of poor quality.  The fuel expenditure was $7500.  Vehicle fuel and oil is at 39 percent spent, while it should be at 25 percent.  Vehicle repairs are at 48 percent due to a lot of small items.  The total overexpenditure due to the winter is estimated to be $35,000 to $45,000.  More road crack sealing than usual will also be needed.  He recommends $25,000 to $30,000 where $15,000 is typical.  Mr. McCarthy recommended that the net paving budget of $235,000 (total is $250,000 including crack sealing) be reduced to $185,000 to compensate for winter-related costs. 

            Selectmen Musselman and Jenness looked at each other and appeared to agree with this proposal.  Selectman Jenness raised the issue of repaving being needed near the Post Office.  Mr. McCarthy stated that his recommendation is that the boulders in the area be taken out to provide a road surface that will hold up.  That would cost more than the entire budget.  Editor’s note:  This implies a cost of over $250,000.  Selectman Jenness quipped that there are still two residents in the pothole there. 

 

Public Works bid results (78:23 elapsed)

 

            Mr. McCarthy stated that he anticipated awarding the crack sealing contract to Coastal Road Repair.  They are new but currently do work in Maine.  He recommends that the street sweeping contract be awarded to Sea Breeze and the striping contract to Property Innovation.  They are brand new, but due diligence on them will be done.  All three are low bidders.

            The striping is for long lines (center line and side line).  The stop bars and parking will be done by Public Works personnel. 

 

Proposal to aborb winter expenses in other excess budget items

 

            Mr. Magnant suggested that, in lieu of reducing the paving budget, the winter-related expenses be absorbed in other surplus accounts.  The Town finishes every year in the black, he said.  Selectman Musselman said that there was a surplus of $400,000 the prior year and that revenues may be $40,000 above budget. 

 

Appointments (83:28 elapsed)

 

 

Jeff Gardner and Jaci Grote were unanimously reappointed to the Conservation Commission.  Sara Hall was unanimously reappointed to the Heritage Commission.  Selectman Jenness noted that Rich Davis had already been reappointed to the Heritage Commission, although he thought that he had not been.

There was then discussion regarding the Recreation Space Needs Committee.  Mr. Magnant stated that he wanted to make sure that “he” had permission to start recruiting.  Editor’s note:  This is an apparent reference to Gregg Mikolaities who had made that request at the March 23, 2015 meeting.  Recreation Director Lee Arthur started to add further information, however Selectman Mills stated that no input from the audience had yet been asked for.  Selectman Musselman suggested that people be asked to send letters to the Selectmen.  Lee Arthur then asked permission to speak which appeared to be granted by Selectman Jenness.  She asked if Mr. Mikolaities’ request to chair the Committee had been granted.  Selectman Musselman stated that usually Committees appoint their own chairmen.

 

Recycling facility stickers for Rye and North Hampton residents (87:08 elapsed)

 

Public Works Director Dennis McCarthy addressed.  He stated that he had sent a multipoint memo and will draft whatever ordinance is necessary.  The sticker would be issued by the Town Clerk, with the color changing annually or every two years.  The Town Clerk has requested an annual change, with the color to match registration stickers.  The plate number would be written on the stickers. 

The issue of waste transported by contractors servicing Rye residents was addressed.  Mr. McCarthy stated that some have a letter from the resident, others only an address.  There was further discussion about C&D debris.  Editor’s note:  C&D stands for construction and demolition.  That led to discussion about the tipping and transportation costs, and the major cost of the Recycling Center being the two employees there and their benefits. 

Selectman Jenness suggested that only Rye contractors working on homes in Rye be permitted to use the Recycling Center.

With regard to a proposal to allow North Hampton residents to use the Recycling Center for a fee, Selectman Mills expressed concern that the facility could be overwhelmed by North Hampton landscapers.  He asked about State law regarding trash disposal.  Mr. McCarthy stated that Towns need not provide a location in Town, nor do they need to pay for disposal, but a location must be identified for disposal of trash. 

There was further discussion regarding a sticker for seasonal residents, with Selectman Musselman suggesting $25 (the fee for year-round Rye residents had already been agreed to be reduced from $5 to zero).  Mr. McCarthy noted that the beach stickers would be honored at the Recycling Center, removing the need for some residents to obtain Recycling Center stickers.  He stated that the goal at the end was that everyone using the Recycling Center would have a sticker.

There was then discussion about the charge for North Hampton residents.  Editor’s note:  North Hampton does not have a site for trash disposal.  Selectman Musselman suggested that it be equal to solid waste disposal costs, less solid waste revenues, all divided by the number of residents.  Mr. McCarthy indicated that this would amount to costs of $216,000 plus $100,000, less $60,000.  There was then discussion about whether the figure of 2876 residences was correct or whether the census figure of approximately 2200 was more correct.  Selectman Musselman suggested that the program for North Hampton be limited to 100 stickers. 

A woman giving an address as 24 Parsons Rd. questioned why this was even being considered.  Selectman Jenness responded that North Hampton residents are already coming to the Recycling Center.

Joe Cummins asked for clarification as to whether residents can bring other residents’ garbage to the Recycling Center.  That led to discussion about whether it would be considered a commercial business and whether a PUC permit for trash hauling might be required.  Selectman Musselman said that there is some threshold under which no permit is required.  If an outfit like McKay tried to get in, however, that would be inappropriate as they would take too long to unload.  Mr. McCarthy said that it would probably be acceptable for a resident to bring another resident’s trash until another resident complained.

 

(116:31 elapsed) 

            Steven Borne suggested holding off on stickers for North Hampton residents until the Town sees how the stickers for Rye residents work. 

 

Fire Department vacancy (117:10 elapsed)

 

            Interim Fire Chief Tom Lambert stated that this is often referred to as the ninth position.  In 2007 there was a position taken that the Town would start to move to a 3 persons per shift on all four shifts.  Editor’s note:  Since there are 7 x 24, or 168 hours in a week, four shifts should theoretically provide 24 hour a day, seven day a week coverage with each person working 42 hours per week.  However, vacation, holiday and other time off would subtract from the available hours.  Selectman Musselman stated that that was the view of the Fire Chief at the time, not the Board of Selectmen.  Chief Lambert continued, saying that the addition of staff did not continue past the first person added.  He referred to documentation stating that larger crews of up to five persons were more effective in providing ventilation and water to a fire.

            Selectman Musselman asked what the cost would be to backfill the position if it is not filled.  Chief Lambert stated that, because of long-term injuries, three man shifts in the past three years have been rare.  Selectman Musselman asked whether volunteer firefighters would be used to fill the shifts.  Chief Lambert responded that the Collective Bargaining Agreement requires that they be filled by other personnel. 

            Selectman Jenness asked about ambulance emergencies, inasmuch as there are many more of those.  Chief Lambert responded that additional staff are also better for major medical emergencies.  Protocols have become more involved.  There are procedures to alleviate pain and make patients more stable for the ride.  Selectman Musselman questioned whether a third person was needed for an ambulance.  Chief Lambert asserted that there should be a third or fourth person. 

            Selectman Jenness stated that she tended to agree with the Chief.  The Town is aging, she said.  There would be more, not fewer, calls.  That led to discussion about Sanctuary Care.  Mr. Magnant stated that he had heard that they had purchased an additional lot in Rye and planned to expand. 

            Selectman Musselman asked again about the overtime cost to replace firemen who are out.  Mr. Magnant stated that the Fire Department had overspent their overtime budget by approximately $50,000 for each of the past three years.  The cost for a firefighter/paramedic is in the range of $75,000.  Selectman Musselman confirmed with Mr. Magnant that the $50,000 was only the over budget overtime.  Some of the budgeted overtime could also be used to pay for the third person.  Chief Lambert estimated that the total cost avoidance might be $35,000 to $50,000 for the third person.  Selectman Musselman suggested that the issue be held for further discussion at the next meeting.

            Selectman Mills indicated that Chief Lambert should have brought Chief Walsh to sit beside him as “he got his other cop this year.”  Selectman Musselman said “no thanks to.  Well.  Never mind.”  Editor’s note:  Selectman Mills had voted not to recommend the additional police officer in both 2014 and 2015, however, the warrant article providing for that passed 762-709 in 2015 after failing in 2014. 

            Steven Borne, 431 Wallis Rd., indicated that places like Sanctuary Care and the Webster at Rye that require a lot more ambulance service do not pay property taxes that are any higher.  However, they may create a need for a second ambulance.  Selectman Mills stated that impact fees can no longer be charged.  Selectman Jenness agreed, and stated that the issue had come up with respect to Sanctuary Care before the Planning Board.  Selectman Mills indicated that Sanctuary Care had originally stated that they would be doing their own transportation, however it turned out that that was only for scheduled appointments, not emergencies, of which there have been a number.  Selectman Jenness stated that statistics had been presented from another home in Dover.  The issue of impact fees had been discussed with Attorney Donovan and it was not feasible to impose them, she said.

 

Beach Committee charge (131:45 elapsed)

 

            Selectman Jenness read the charge.  It provided for up to five members, all residents of Rye, appointed by the Board of Selectmen for an initial term ending March 31, 2016. Staff members may be appointed as non-voting members.  The intent is to sunset the Committee after the completion of the charge unless the Committee is reappointed with a new and different charge.  The charge started out saying that the Rye Fire Department has the day-to-day responsibility for the lifeguards.  The Committee is to provide advice and counsel.  The Rye Police Department is responsible for the maintenance of public order and the prevention and detection of crimes in town and on the beaches.  The Committee is to provide advice and counsel to the Chief of Police as needed.  Other issues such as parking, beach use permits will be considered by the Selectmen from time to time and the Committee will be called upon for research and advice as needed.  A report is due by December 18, 2015 with any suggestions.

            Selectman Musselman added the counting of license plates of parked cars as an additional task.  That was agreed.  Larry Rocha stated that he had already done some research.  On average, 50 percent of the cars were from Canada, 30 percent from New Hampshire.  The rest were a smattering from Vermont, Maine and Massachusetts.  Areas surveyed included Jenness Beach, Wallis Sands Beach and Route 1A.  Jenness Beach tends to have more from Canada.  Selectman Musselman stated that there is a majority of out-of-state and out-of-country visitors that are not helping to cover lifeguard, beach cleaning and police costs that Rye taxpayers must pay.  That is leading to a parking charge and the data would help make the argument to the State that the revenue would help pay for the people from out of State. 

            Mr. Rocha suggested that resident parking spots should be added.  Only 115 spots are available but 2000 permits are sold.  Selectman Musselman suggested surveying that again.  Tighe & Bond had not discovered that the spots were fully utilized when it did its research.  However, their study may show the opposite.

            Steven Borne, 431 Wallis Rd., stated that the heaviest concentration of Canadian plates are seen near Jenness Beach, while by Pirates Cove it is all New Hampshire and mostly kids.  Towards Rye Harbor there will be more Massachusetts cars.  He has observed this while riding his bike, which requires paying attention to every car. 

            Selectman Musselman suggested separating the data out.

            Lori Carbajal, Beach Committee, stated that Foss Beach is underutilized.  There is parking adjacent and bathrooms nearby.  However, commercial activity is concentrated in one location eight weeks out of the summer.  While some people may say that it is only eight weeks, Ms. Carbajal stated that she did not move to Rye because she enjoys February and March.  She suggested having input with the Chief of Police so that the activities can be moved around so they give a break to certain areas.  Most other recreation departments that they had talked to do this. 

            Selectman Jenness stated that this could be handled through the charge as written, which requires that they go through the Chief. 

            Keper Connell asked about the disadvantages of using Foss Beach.  Selectman Jenness stated that there is no beach there at high tide.   Mr. Connell noted that the particular beach is arbitrary as the surf camps use vehicles to transport the surfers.

            Selectman Jenness stated that this was a good suggestion, and they could come back to it in two weeks.

            Selectman Mills stated that he had spoken to a possible fifth member for the Beach Committee.  Keper Connell asked whether the current Committee members would have any say.  Selectman Musselman responded that they would usually not, however, colleagues who might be interested could send in a letter.  Larry Rocha expressed concern that the person might have outside influence or a personal agenda that would work counter to what they are trying to accomplish.  They are looking for an atmosphere of cooperation. 

            All were in favor of approving the charge.

 

Recycling Committee charge (149:23 elapsed)

 

              Selectman Jenness read the charge, which provides for five members who are residents of Rye.  They will be appointed by the Board of Selectmen for an initial term ending March 31, 2016.  Staff members may be appointed as non-voting members.  The intent is to sunset the Committee after the completion of the charge unless the Committee is reappointed with a new and different charge.  The charge stated that the Board of Selectmen wanted to continue with the existing source separated recycling program.  The Recycling Education Committee is established as a subcommittee of the Energy Committee to provide education.  The purpose is to educate the residents on the use and maximization of the effectiveness of the source separated recycling program and researching ways to increase that.  The Selectmen is not desirous of expanding the program into such areas as pay-as-you-throw or single stream at this time. 

            Selectman Musselman noted that, at the last meeting, Mel Low had stated that he would not serve on the Committee if it had constraints and this charge does.  He chuckled. 

            The discussion turned to the membership of the Committee.  Selectman Musselman indicated that the members of the prior Committee could be considered.  Deidre Smyrnos stated that there are at least three vacancies.  Lynde Karin and she are the existing members interested in continuing.  Lorrie Platt from Parsons Rd. spoke indicating that she may volunteer.  She was opposed to pay-as-you-throw, attended a number of meetings, and complimented Deidre for being even-handed.  She stated that it was not a bad thing to put it to the Town for a vote.

            Selectman Mills noted that none of the three Selectmen had supported the program. 

            Selectman Musselman asked whether Tom Pearson would be interested in serving.  Editor’s note:  Mr. Pearson was perhaps the most vocal opponent of the program at the 2015 Deliberative Session.

            Joan Provencher, a woman in the audience stated that she was a “maybe.”  She does not like the way that the Committee members have been ridiculed.  There are a lot of good things that have been done, including the Mr. Fox program.  Editor’s note:  This is a food recycling program which has been expanded to the full town as of April 1.  It was previously limited to 50 families. 

            There was discussion about single stream.  Selectman Musselman stated that he was not opposed to it, but the other two selectmen were opposed.  Most of the rest of the U.S. is doing it this way except New England.  It is the only way that works with curbside pickup. 

            Steven Borne stated that he had just canceled his curbside pickup.  He suggested that there be a more efficient layout for the Transfer Center to speed things up.  They had stayed with Waste Management because of the time that it took to recycle. 

            Selectman Musselman stated that single stream recycling centers send 93 percent on average of what they get to market.  The rest is trash.  They largely serve Chinese markets with looser material specifications than the U.S. used to have. 

            Selectman Musselman pointed out that glass is worth little, whether clean or not.  Mr. Borne suggested that the residents, most of whom are somewhat intelligent, should be provided this information to help them make decisions. 

            All were in favor of approving the charge. 

 

Town Hall Committee charge (165:35 elapsed)

 

            Selectman Jenness noted that, after five years of planning, the Town Hall was defeated in March 2015.  The Board of Selectmen would like to establish another committee to find a path forward that meets the needs of the voters while providing affordable and accessible space.  The consensus of the community is to be obtained by any means possible.  The work of prior committees should be reviewed.  Public input opportunities should be provided and they should be informed throughout the process.  Alternatives are:

1.      Alternative renovations to the existing facility

2.      Demolition of the existing facility and construction of a new facility at the existing site.

3.      Construction of a new facility on an alternative parcel of land, with future renovation or reuse of the existing Town Hall by others.

The feasibility and desirability of conducting town-wide voting at the Elementary School while classes are in session would also be assessed as well as the continued use of the Junior High School cafeteria and gymnasium for high attendance meetings.  The report back to the Board of Selectmen no later than December 19, 2015 should recommend next steps.  The Committee shall consist of not more than 15 members, all residents of Rye.  The initial term shall end no later than March 31, 2016.  Staff members may be appointed as non-voting members.  The Selectmen’s intent is to sunset the Committee on completion of its charge unless the Selectmen vote to continue the Committee with a new and different charge.

            Peter Crawford, 171 Brackett Rd., asked whether there wasn’t a fourth option, which was to build a second building on the existing site, but keep the existing building without renovating it. 

            Mr. Magnant suggested that there be a catch all fourth option.

            Selectman Musselman questioned whether the parcel would support the number of square feet needed without a third floor which would create a more massive building, larger than the existing Town Hall. 

            Selectman Jenness stated that this had been explored and rejected.

            Mr. Crawford disagreed, saying that what drove the cost up was the cost of renovating the existing building.  The cost of just the new building might turn out to be palatable to the residents, he said. 

            Selectman Musselman raised the issue of whether there would be enough parking for both the new Town Hall and some other use of the existing Town Hall.

            Mr. Magnant stated that a number of residents had questioned why certain options had not been considered.  The response was that it was not in the charge. 

            Selectman Musselman suggested that an option of other alternatives be allowed for.

            Steven Borne agreed that a fourth option should be provided for.  His personal preference is that Rye Rec. be dealt with, the DPW fixed up, and the Public Safety building be reconfigured to place the Fire Department above the apparatus bay freeing up space for other functions.  No elevator would be needed as the firemen need to be able to walk up stairs.  Communications are different now, lessening the need to have everyone in the same location.  The cost drove people away, particular when it appeared that existing space was available, he said.

            Selectman Musselman agreed that other options needed to be considered as it will not be easy to achieve a supermajority.  Editor’s note:  If the building were to be financed with debt, a 60 percent vote would be required for approval.  He disagreed that Rec. should be dealt with first.

            The motion to approve the charge with the addition carried unanimously.

           

(176:18 elapsed)

            Mr. Magnant stated that he had spoken with Andy Smith of the UNH Survey Center.  Mr. Smith suggested a mail survey of all residents as the best option.  The survey could also be a method for people to come together.  A diverse group of people with different views had helped draft the questions.  He gave the example of a town having difficulty getting a new school building approved that used this method.  After the survey results came back there was a town-wide meeting with 300 people to present the results.  People stayed and a consensus was achieved.  In the next vote the measure passed.

            Selectman Mills stated that, if the Selectmen got away from the existing Town Hall they would get town-wide support.

 

Coastal hazard report (180:20 elapsed)

 

            Selectman Mills spoke about a very informative report provided by Phil Winslow regarding coastal hazards.

 

Sports facilities

 

            Joe Cummins spoke about the problems that he was having getting facilities for his children to play at the school.  He asked whether the Selectmen could ask the Recreation Department to get more aggressive with the Schools.  His kids have to go to other towns’ fields.  Over the winter, only one hour per week was available at the Elementary School for open basketball.  The School is intransigent.  He would need to obtain an insurance policy for $40 and apply like it was a big event.

            Selectman Mills stated that he had four children that he would put up against Mr. Cummins’ children any day.  Nothing has changed in the past 40 years.  They had to go here and there. 

            Steven Borne pointed out that things had changed it is more of a challenge to fit things into parents’ schedules, particularly when both work.  There is a scarcity of options.

            Selectman Musselman stated that this was a driving force behind the Recreation facility which would be $3 million to $4 million.  Schools are now more sensitive to liability issues now.  The Recreation Department has had trouble getting free use of school facilities.

            Mr. Cummins stated that it is a mockery to say that kids can shoot basketball only from 2:00 to 3:00 on Saturday.  The School Board and the Superintendent think that they own that property, but it is ours, he said.  For a few more dollars the liability issue could be covered by their policy.  It is a joke.  He would need to come with an insurance policy and check with the Fire Chief and the Police Chief.

            Selectman Mills stated that the School Board is worried about eating in the facilities.  He stated that the School budget is done very well.  He had read in the Civic League News that it was done much better than the Town.

            Selectmen Musselman and Jenness stated that they did not disagree with Mr. Cummins.  It is a Town facility and could be utilized for various and sundry uses of Rye residents but isn’t.  They have tried to change that, but have made little progress.

 

Adjournment (195:13 elapsed)

 

            Selectman Mills made a motion to adjourn at approximately 10:08 p.m.  Selectman Musselman said that he had been in favor an hour earlier.