NOTES OF APRIL 27, 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, Recreation Director Lee Arthur.

Persons present from the public included: Victor Azzi, Peter Crawford, Steve Hillman.

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 6:43:27 p.m.

Summary

1. Resident request for striping of parking spaces along Ocean Blvd. will not be accommodated this year, although a site walk to look at striping of driveways, crosswalks and intersections will be conducted on April 29.

2. Comcast franchise agreement renewal will continue the terms of the prior contract, using the informal process option. A public hearing will still be required.

3. The Police Department camera system failed, necessitating a $20,750 unplanned expenditure from the Capital Outlay budget line item (in which $25,000 for Ocean Blvd. striping had also been budgeted).

4. The Selectmen approved a resident request to move the former Rand Lumber barn across Wallis Rd.

5. The vacancy in the Fire Department will be filled, but that person will, when possible, be required to fill shifts to ensure that two firefighters are on duty, rather than using the overtime budget.

Beach at end of Wallis Rd. not to be called Pirates Cove (0:48 elapsed)

Selectman Mills made a motion not to refer to the beach as “Pirates Cove”. The motion carried unanimously.

Consent Agenda (2:08 elapsed)

Initially, Selectman Musselman made a motion to approve all items on the Consent Agenda (a through e). These included an event permit for Cycle the Seacoast, a change in the mileage reimbursement rate, a letter indicating that Kim Reed has become a Certified Floodplain Manager, a letter thanking Public Works for their work repairing a mailbox hit by a plow, and an e-mail from Brenda and Frank McDermott regarding beach activity and parking issues. The last item was removed after Steve Hillman asked why a copy of the letter was not provided. The remaining items were then approved unanimously.

Discussion of beach issues, letter from Brenda and Frank McDermott

Selectman Jenness then read Mr. McDermott’s letter, which referred to event permits being discussed at this meeting. Selectman Jenness indicated that these would not be discussed, which is why it was put on the consent agenda. The letter referred to an exponential increase in road and beach congestion the past several years. It referred to positive steps having been taken with the permits and the parking study. It is time to stop talking and take action, the letter said. Additional permits or expansions of existing permits for commercial activity should not be allowed as there is already overcrowding. The Hampton Selectmen have been discussing these actions. If they take action and Rye does not users will migrate north, increase Police and Fire Department expenses. Ocean Blvd. should be striped to delineate valid parking spaces and make it clear where parking is not allowed adjacent to crosswalks, side streets and driveways. The letter stated that they are in favor of pay parking on Ocean Blvd., with revenues accruing to the Town of Rye. The letter stated that they believe that a majority of residents want these changes. Rye is the only Seacoast town that has not addressed these issues.

Selectman Jenness referred to a site walk on Wednesday now that the snow is finally gone. Editor’s note: The site walk was conducted on April 29, 2015. See the video and brief notes. The process of starting to determine where the striping will go has commenced, however this takes time.

Selectman Mills stated that Mr. Dermott wants the entire Boulevard marked off for parking. Selectman Musselman agreed, but stated that they are starting with the prohibited area. Selectman Mills stated that what he requests cannot be done without State approvals. Selectman Jenness agreed. Selectman Jenness said that the prohibited areas need to be determined first so that the number of spaces remaining for parking can be determined. She stated that they are “beginning at the beginning” and moving in a logical way.

Steve Hillman stated that he had wanted to know what was in the letter. He said that only 4-5 permits had been pulled last year. To say that the permit process should be stopped is ridiculous. It worked last year, he said. There is not an overabundance of commercial activity on the beach, he said.

Selectman Mills asked Police Chief Walsh if there would be one less application this year. Chief Walsh stated that there is one application that is not in yet. The applicant is moving to an adjacent building. Chief Walsh referred to a Planning Board process. Editor’s note: This is an apparent reference to the “Surf Shack,” which had been operating out of a facility on Wallis Rd. near the Red Roof Market.

Minutes (10:43 elapsed)

The minutes of the April 13, 2015 meeting were unanimously approved with changes. The minutes of the non-public session on April 13, 2015 were unanimously approved after a change to make the ending time of the non-public session consistent with the start time of the April 13, 2015 meeting. The minutes of the non-public session on March 23, 2015 were unanimously approved without changes.

Recreation Turf Management bids (13:38 elapsed)

Recreation Director Lee Arthur addressed the bids. The lowest, from Outdoor Pride, was $8925. There were three other bids, one of which was late. The motion to award the contract to Outdoor Pride carried unanimously.

Comcast contract renewal (15:20 elapsed)

Town Administrator Mike Magnant stated that Comcast had sent a letter in June 2013 requesting that the renewal process be started. He had spoken with Jay Somers of Comcast. The Cable Act provides options for a formal or informal renewal process. Last time, $20,000 was spent on legal fees, with no benefit. The current contract has two provisions which are non standard. There is a longer drop distance for driveways and the Town has the ability to tax poles that are in the right of way. That issue is in dispute and is before the legislature. He suggests that, this time, the informal renewal process be followed. Comcast would provide a contract and a public hearing would be conducted. The Comcast representative is willing to keep the new contract unchanged. Editor’s note: See the notes of the February 23, 2015 meeting at which Mr. Somers of Comcast answered a number of questions, and essentially stated that the Town and individual customers had little choice but to accept their rates.

Selectman Jenness stated that customers should call and complain if they are not satisfied with the cost as it is possible to barter. Selectman Musselman stated that the Town Newsletter needs to include information on the minimum Comcast rate. Mr. Magnant said that it would be possible for the Town to impose a franchise fee, however this would be passed along to customers.

Selectman Mills suggested that the contract be cancelled for a week and see who wants to compete. Selectman Musselman stated that none of the potential competitors have wires in Rye.

Rye Little League Parade (20:05 elapsed)

Police Chief Walsh indicated that there is a request for a parade permit for May 9. A permit has not been asked for before. Ray Hindle, 5 Rands Ln., from the organization, indicated that he cannot guarantee that an insurance binder would be provided. There was discussion about whether the kids would be riding on fire trucks and police vehicles or on pickup trucks and trailers. Fire Chief Tom Lambert indicated that the group had used the Model A fire track in the past, but this had ceased. Mr. Magnant indicated that the truck had been out of commission for awhile as the insurance was being worked out. Selectman Mills indicated that that had been due to “Scrooge,” the former Fire Chief. There was then discussion about a simple process to obtain additional insurance through Primex, the Town’s insurer. The motion to approve the parade, subject to verification of the insurance, carried unanimously.

No bid contract for Public Safety Building camera system (25:43 elapsed)

Police Chief Kevin Walsh stated that system had failed around March 19 and the DVR was not recording any more. The interview and booking rooms and two cells are recorded. Due to liability this needs to be recorded. The DVR is unrepairable and the current system is outdated. He would like to go with the existing vendor as the foundation has been set up with the existing system. If they were to go out to bid, other competitors would need to duplicate some of what is already provided. Updating the system would enable growth. Within the next two years, he believes that the officers will need to be wearing body cams. He has had more than one employee come to him and request this as they are uneasy about how people are responding to the Police Department’s written reports and would like the backup of the video. Howard has been gracious and has provided a loaner so everything is still being recorded at no charge. The system is 10 years old. It was an off the shelf system installed along with the building.

Selectman Musselman asked what the cost would be if the contract was put out to bid. Chief Walsh referred to certain elements such as the encoder, video, firmware, network switches and connection to audio which are already present and can be integrated with the new software if the proposed vendor’s system is purchased. Mr. Magnant indicated that they would be looking at $45,000. The proposed system would be $20,750. There was then discussion about the source of the funds. Cyndi Gillespie stated that leasing is not an option as it would require Town Meeting approval. However, there is an emergency capital reserve fund of approximately $6300. The remaining $14,450 would come out of the Capital Outlay fund. The motion to approve the $20,750 expenditure carried unanimously. Editor’s note: See the notes of the January 15, 2015 Budget Committee meeting at which $25,000 was added to the Capital Outlay budget to pay for striping along Route 1A (Ocean Blvd.). While all money is fungible, it could be argued that the decision to acquire the unbudgeted camera system effectively reallocates these funds from the striping to the camera system..

Selectman Mills asked whether the prior system could be termed one of Gould’s failures. Editor’s note: Alan Gould is the former Police Chief and was later Town Administrator. That transition occurred around the time that the Public Safety Building construction was ongoing in the mid-2000s. Chief Walsh stated that it was a wise investment to have the system and that it was cost effective at the time. Ten years is a long time given technological change. He estimated that less that less than $5000 was put into it, apparently referring to maintenance costs. Selectman Mills quipped that it was probably one of “Gould’s buddies,” probably from Salem. Editor’s note: This is a possible reference to Dennis O’Brien, formerly with the Salem, NH police. See the notes of the November 24, 2014 Board of Selectmen meeting. Mr. O’Brien presented a $25,000 server upgrade at that meeting, which was added to the Capital Outlay budget.

Appointments: Heritage, Recycling and Town Hall Committees (32:05 elapsed)

James Tegeder was unanimously appointed as a member of the Heritage Commission, expiring April 1, 2017. There was a reference in the letter from Rich Davis, Chairman, recommending appointment of Eric Johnson, however no letter has been received from him yet.

There were letters from Deidre Smyrnos, John Provencher, Joan Provencher and Lorrie Platt seeking appointments to the Recycling Education Committee as members, expiring March 31, 2016. The motion to appoint these members carried unanimously. There was mention of Jozef Platt being appointed as a student member, however the motion did not include him.

Selectman Jenness stated that they were proceeding on the Town Hall Committee, but would not be appointing anyone that night. Selectman Musselman moved that a letter from the Board of Selectmen be sent to the Heritage Commission, Recreation Commission, Energy Committee, Historic District Commission and the Planning Board asking for volunteers to be received prior to the next Board of Selectmen meeting two weeks hence. The motion carried unanimously. Selectman Jenness stated that the entire group needs to be considered before a committee is set up.

Correspondence (35:22 elapsed)

In response to a letter from Bill Epperson, Chairman of the Planning Board, Tom McCormack was unanimously appointed as a representative to the Rockingham Planning Commission.

Movement of former Rand Lumber Barn (35:48 elapsed)

A letter from Brian Murphy sought permission to move the former Rand Lumber Barn across the street to Mr. Murphy’s property, from 511 Wallis Rd. to 496 Wallis Rd. Selectman Musselman asked why this was within the purview of the Board of Selectmen. Selectman Mills stated that the street would need to be blocked off. Selectman Musselman asked about Planning Board and ZBA approval. Mr. Magnant stated that Mr. Murphy had met with the Building Department. Selectman Musselman’s moved to permit the barn to be moved over Wallis Rd., subject to the receipt of all required approvals from the Town of Rye. Public Works Director Dennis McCarthy pointed out the need for insurance and Selectman Musselman added that an insurance certificate naming the Town as an additional insured and acceptable to the Public Works Director would be needed. The motion carried unanimously.

Old business: Fire Department vacancy (37:49 elapsed)

Fire Chief Lambert introduced the issue. Selectman Musselman complimented him for a well-done report. Selectman Musselman stated that he understood the need this year to fill outages that they know will exist. He stated that the prior practice has been to use the overtime budget first to fill shifts, and then rely on the additional person. He suggested that the additional person be used to fill shifts to two persons first, preserving the overtime budget for use later in the year. Chief Lambert stated that that appeared to be reasonable. The motion to authorize advertising for the position, with this proviso, carried unanimously.

Boston Post Cane to be awarded (41:11 elapsed)

The discussion indicated that an individual is turning 100 on May 11, and that the plan is to have a ceremony to award the cane on the 10^th. Selectman Mills indicated that attendees will be transported from the Webster at Rye. The motion to approve the award of the cane carried unanimously. No name was mentioned in the motion, apparently intentionally. Selectman Jenness indicated that a major effort had been made to screen the Town to locate the oldest person.

Letter from hospital praising two firefighters (43:43 elapsed)

Chief Lambert stated that a letter from the hospital EMS director had been received praising Lieutenant Ron Hordon and Firefighter/EMT John Cots for a good job of treating and packaging a severely injured patient and providing pre-arrival information to the hospital.

Award of one-ton truck bid (44:55 elapsed)

Mr. McCarthy stated that Ford of Londonderry had bid $36,354, Grapponi Ford had bid $36,532 and Portsmouth Ford had bid $37,722. It was not a State bid this year. He recommends that the contract be awarded to Ford of Londonderry as the low bidder. In response to a question from Selectman Jenness, Mr. McCarthy stated that the truck would not need to be transported to Londonderry for repairs. In fact, most of their work is done at Hampton Ford. Mr. McCarthy stated that this is a smaller truck, similar to those used by the Water Department (sic). It is an F-350, double rear wheel. This is a diesel, the Water Department uses gasoline vehicles, he said.

Injuries at the Recycling Center

Selectman Mills asked about a trip and fall at the Recycling Center. Selectman Musselman referred to a minor injury. Mr. McCarthy stated that the small rise due to the frost had been repaired immediately after the incident.

Selectman Mills referred to Phil Jones having cut his hand on a beer bottle and having had tendon damage, which restricted his piano playing abilities. Mr. McCarthy stated that he is not sure where that stands as the insurance company took that over.

Adjournment (49:28 elapsed)

Whereupon the meeting adjourned at approximately 7:33 p.m.