NOTES OF NOVEMBER 23, 2015 RYE BOARD OF SELECTMEN MEETING
Final Revision B – Provided by the Rye Civic League
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 6:48:53 p.m. (0:00 elapsed). The
audio is off until 6:49:43 (0:50 elapsed).
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: Mae Bradshaw, Peter Crawford, Burt Dibble, Gustav Garceau.
Summary
2.
MRI was awarded a three year assessing
contract. This will be the fourth Town
Assessor since 2010.
Announcements (1:35 elapsed)
The New Hampshire
Division of Historical Resources has listed the Rye Public Library in the NH
State Register of Historic Places.
The Town offices will
be closed on Thursday and Friday for Thanksgiving.
The annual Holiday
Parade will be on Sunday December 6th at 1:00 p.m.
Selectman Mills asked
whether the Town Clerk’s Office would be open on Saturday. Selectman Jenness stated that the closing
dates had been posted. She said that she
was not certain, but that she thought that day was one of the days that it
would be closed. Selectman Mills stated
that the day after Thanksgiving was a holiday pursuant to a union
contract. He asserted that the Town
Clerk is not covered by the contract so that should not affect the Saturday
opening. Town Administrator Magnant
stated that he would check and see. Editor’s note: See the notes of the October 26, 2015 meeting
at which Selectmen made a major issue of the fact that the Town Clerk’s office
was not open on every Saturday.
Consent Agenda (3:03 elapsed)
Selectman Jenness read the items on this
agenda, which included the meeting schedule of the Selectmen for 2016, the
Holiday Schedule for 2016 and two sign requests for the Rye Driftwood Garden
Club. Selectman Jenness asked to pull
item (c), the first sign request for the Garden Club in front of “the
church.” Editor’s note: Apparently this
is a reference to the Congregational Church as it is the only one in the
Historic District. There was a motion and a second, but no vote until later
(see below).
Sign request for Rye Driftwood Garden Club (4:07 elapsed)
Selectman Jenness
stated that she had asked to pull this request as she believes that it is
excessive. This is a request for every
single month that there is a meeting of the club. If it is done for one organization there
would be requests from others. She
stated that, even though she was a member she did not favor this.
Selectman Musselman
then noted that there had been no vote on the other items. Items (a), (b) and (d) were then approved
unanimously. He then moved to deny (c). Selectman
Mills asked about the sign at Parsons Field.
Mr. Magnant stated that
he had sent a letter to the Garden Club as he had received a complaint from the
HDC about the number of signs appearing at Parsons Field and in front of the
church.
There was then
discussion about the weekly Farmers Market signs. Mr. Magnant stated that these are “sometimes”
taken down between the weekly events.
Selectman Jenness then
described the Garden Club in more detail.
The planters around Town are maintained by the Garden Club. There are 125-130 members, she said.
Selectman Musselman
stated that this request is different as private entities normally must apply
each time they wish to display a sign.
He recited a portion of the lyrics of “Signs” by the Five Man Electrical
Band “sign, sign, everywhere a sign…”
The motion was somewhat
unclear, but appeared to be that the request for a sign in front of the church
was denied, but that requests for a sign in front of Parsons Field would be
entertained if made each time a sign was needed. It carried unanimously.
Selectman Musselman
reminded everyone that “kickoff” was at 8:30 p.m. Editor’s
note: That evening, the New England
Patriots defeated the Buffalo Bills 20-13.
Minutes (13:49 elapsed)
The minutes of
Thursday, October 22, 2015 were unanimously approved without changes. The minutes of the site walk on October 26,
2015 were unanimously approved without changes.
The minutes of the November 9, 2015 meeting were approved with changes. The minutes of the November 17, 2015 meeting
were approved without changes.
Garceau unmerger request (19:03 elapsed)
Selectman Jenness asked
Mr. Garceau whether he would like to have his request considered out of
order. He agreed. Selectman Musselman then immediately moved to
grant the request. There was no
discussion. All were in favor.
Septic tank pump out ordinance (19:49
elapsed)
Planning and Zoning
Administrator Kim Reed stated that she had been working on this in connection
with the Parsons Creek Watershed grant.
Upon the suggestion of Mr. Magnant, she passed it by Town Attorney
Donovan. He changed it from an ordinance
to a health regulation. His letter,
dated November 18, 2015, posed some questions.
She requested that there be a public hearing on December 14 so it could
be presented as a warrant article.
Selectman Musselman
asked about the exception for seasonal houses and those occupied by two
people. He suggested an exception to
that exception within critical areas. A
map delineating the drainage basin is needed.
Within that there should be sub areas within which waivers of the three
year pump out ordinance would not be granted.
He is thinking about Concord Point and areas on both sides of Parsons
Creek and the west side of Ocean Blvd. and Marsh and Parsons. Areas with small lots and obviously inadequate
soil conditions should not be able to opt out, he said.
Selectman Musselman
asked whether it is copacetic to allow the Town’s Building Inspector or septic
guy to accompany the pump out provider on lots that do not have State
approval. Half of the houses in the
watershed do not have plans. He would
like, when there is authority, that the septic haulage provider be accompanied
by the Building Inspector so that the location of the septic tank could be
observed. The distance to the wetland is
not known now. The location of the tank
and the leach field could be noted, he said.
Mr. Magnant stated
that, although the Building Inspector supports the ordinance, he is concerned
about the administrative workload. Ms.
Reed read an e-mail estimating 100 hours a year of additional workload for
him.
Selectman Jenness
suggested that the Health Officer could do this, inasmuch as she has not had to
put in a “whole lot of hours.” Mr.
Magnant stated that her hours vary from year to year, depending on what is going
on with West Nile, mosquitoes and EEE.
There is also a septic consultant.
Selectman Musselman
stated that he does not believe that a Health Officer adopts a regulation. He asked whether Attorney Donovan felt that
Town Meeting approval was not needed.
Ms. Reed stated that she did not know.
Selectman Musselman stated that Town Meeting approval should be
sought.
Selectman Musselman
asked whether septage haulers needed to be registered inasmuch as they would be
required to provide data in order and because they need to know the
regulations.
Selectman Musselman
stated that three years is normally recommended for a fully functioning
system. He questioned whether it should
be three years, particularly in the areas with high bacterial hits.
Selectman Musselman
stated that the Board of Selectman would need to deal with Attorney Donovan on
the legal issues prior to the scheduling of a public hearing.
He also stated that
someone on high and dry ground on Brackett Rd. or Long John Rd. may not need to
have their systems pumped every two years.
Selectman Musselman
stated that a five person advisory committee on Parsons Creek should be
appointed for next year. The issue is
coming to the Board of Selectmen only once a year. He stated that there had been such a
committee involving him and Selectman Jenness back in 1976. He added that there needed to be focus on the
$80,000 warrant article in the next month or so.
Selectman Musselman
asked whether contaminated seeps had been found north of the very southern end
of Wallis Sands. Mr. Magnant confirmed
that there had not been. Selectman
Musselman stated that the houses on the sand dune are likely not an issue. However, the data indicate that Parsons Creek
itself is heavily contaminated. The
commercial businesses on the west side of Ocean Blvd. south down to Highland
Park and Concord Pt., the first couple of houses, need to be addressed, he
said. Something less easy to draw around
Marsh Rd. and Parsons also needs to be dealt with, he said.
Selectman Musselman
indicated that there is still time to get this on the warrant if there is a
hearing in January, but the issue needs to be addressed quickly.
Notice of violation, 165 Sagamore Rd. (38:58 elapsed)
Mr. Magnant stated that
the letters to this resident have generally been ignored and he sought approval
for enforcement action if necessary.
Signs and banners are being erected on the property, he said. Selectman Musselman stated that he would
second a motion. Selectman Jenness asked
Selectman Mills whether he would make a motion.
He said no, so she made one.
Selectman Musselman seconded.
Selectmen Jenness and Musselman voted in favor, Selectman Mills
abstained.
Assessing Services Contract (39:47 elapsed)
Selectman Musselman
stated that they had been through a number of situations with respect to
assessing. Currently MRI is providing a
temporary service. He made a motion for
discussion, based on a review of proposals, that a contract with MRI be entered
into, conditional on their agreement to a three year contract with a 90-day
notice period for termination on the Town’s part, with the understanding that
there be a minimum of one year of service.
Selectman Mills seconded.
Selectman Musselman
stated that there was no termination clause in MRI’s proposal. There needs to be a reasonable trial period
with where they have been. Editor’s note: According to the Town Annual reports, since
2010, Howard Promer, Norm LeBlond, David Hynes and now MRI, have served as the
Town’s Assessor.
All were in favor. Selectman Musselman stated that if MRI did
not agree that they would have to come back and make another decision.
Correspondence: Landfill
monitoring (42:58 elapsed)
Selectman Musselman
stated the recent annual reports relating to the Grove Rd. Landfill and the
Breakfast Hill Landfill had been reviewed by DES and they are continuing on as
in the past. Both are acceptable, he
said. Editor’s note: In past years,
the monitoring has been performed by Selectman Musselman’s firm, CMA Engineering,
for no charge. This was apparently the
case this year as well.
Letter asking for increased shopping availability in Rye
There was a letter from Luke Bradley, a 15
year old student, regarding commercial building creation in Rye. He attends Portsmouth High School. The letter expressed concern about the need
to leave Rye to go to the convenience store.
He referred to laws permitting him to set forth his views. There are no grocery stores within Rye which
requires residents to consume more gas, the letter said. Also, gas is not available in Town. The youth of the Town like to go
shopping. Creating local opportunities
for this would bring “joy to the youth of Rye,” the letter said.
Selectman Jenness
stated that she did not know whether this was a school assignment or a letter
that Luke drafted on his own volition.
She drafted a letter in response providing an assignment for him which
she read. It asked him to read the
portions of the New Hampshire laws regarding the powers of the Selectmen and
the Zoning Ordinance. There is a map on
page 112 indicating where commercial and business entities are permitted. Perhaps the most important document is the
Master Plan. The vision at the beginning
and Appendix 3 apply most closely. With
regard to gas stations, Rye is very protective of its ground water, the letter
said.
Selectman Musselman
indicated that it was a fine letter and that it was OK to send.
Warrant Article, $275,000 for new ambulance
(49:17 elapsed)
Selectman Jenness read
the first proposed Warrant Article which authorized the withdrawal of $275,000
from Special Revenue Fund 14, the new ambulance vehicle fund, created in 2005
for this purpose.
Selectman Musselman
asked what would happen to the existing 2008 ambulance. He asked whether it is obvious that it is
going to be sold. Interim Fire Chief Tom
Lambert stated that generally it is traded in.
The trade in would be deducted.
Selectman Musselman asked whether the amount of the warrant article
could be reduced to reflect the amount of the trade in. He asked how much that would be. Chief Lambert estimated $5000 to
$15,000. Selectman Musselman stated that
was a minimal amount.
Selectman Mills asked
whether the warrant article could state that there was no cost to the taxpayers. Town Finance Director Cyndi Gillespie stated
that she would need to check that. Editor’s note: The special revenue fund is fed with revenues from cell towers on
Town land. It would be misleading to say
that there is no cost to the taxpayers as this money could be used elsewhere if
the fund had not been set up in 2005.
The fund could be dissolved by Town Meeting vote at any time and applied
to the general fund to reduce taxes.
Ms. Gillespie reported that there was
$306,000 in the fund as of October 31.
Mae Bradshaw stated
that she was on the CIP Committee. On
page four of the plan there are specific recommendations. Such recommendations were requested by the
Selectmen the prior year, she said. The
CIP Committee’s recommendation is that this expenditure be postponed as the
mileage is relatively low. The money
would still be available if it were to break down.
Selectman Jenness asked
about the days that the ambulance had been out of commission. Chief Lambert reported that it was close to
27 days this year that the ambulance had been out of service. Mutual aid provides the service during these
times, he said.
Selectman Musselman
asked what the annual ambulance revenue was.
Ms. Gillespie reported that it is around $100,000. Selectman Musselman said that the lost
revenue of $8000 per month that the ambulance is out of service is not that
significant. Ms. Gillespie stated that
the cell tower revenues going into the fund are about $4000 per month.
Selectman Musselman
stated that he believed that it was financially sound to buy a new ambulance as
there is little return on the funds set aside and the cost would be higher the
following year with inflation.
Selectman Jenness
stated that they would move forward with this warrant article, however there
was no vote.
Warrant article for six-wheel dump truck, $175,000 (56:12 elapsed)
Selectman Jenness read
the warrant article, which called for replacement of a 2002 truck, funded from
the Highway Capital Equipment Reserve fund created in 1994. Selectman Musselman added that there would be
no impact on the tax rate.
Ms. Gillespie reported
a balance of $264,743 in the fund. There
would be $89,743 left. They are asking
for $75,000 this year to replenish it, which would provide barely enough to buy
the next truck the following year.
Public Works Director Dennis McCarthy stated that, if the Equipment
Reserve is funded at $75,000 per year there should be sufficient funds. Editor’s
note: In recent years the funding has
been $100,000 annually. Selectman
Mills asked for the mileage of the truck to be replaced. Mr. McCarthy reported that there were
approximately 80,000 miles on the truck.
They have four six-wheel dump trucks.
This would be the second replacement.
The oldest was replaced two years earlier, he said. All were in favor.
Warrant article for Red Mill Ln. culvert, $150,000 (58:55 elapsed)
Selectman Jenness read
the warrant article which provided for replacement of one, or both, of the
existing culverts. Mr. McCarthy stated
that they are in the middle of the design, the funds for which were
appropriated this year. It will be ready
for bid next year. They have paid to
design both. The bid will have an
alternate for one or two culverts. They
are fairly certain that the cost to do both will be more than $150,000. There is one that has been damaged that will
be repaired first. Mr. McCarthy stated
that the Town might be able to add to the account with any funds that it might
have within its budget.
Selectman Musselman
suggested that the language read “by public bid by construction contractors” as
otherwise the language could be read to construe that the engineering services
would need to be publicly bid.
Mae Bradshaw stated
that the CIP Committee thought that this was the third highest priority in the
Town as it affects the safety of life and property.
Selectman Musselman
asked about the flow capacity and the sequence of construction. Mr. McCarthy stated that the replacements
could be done in either order.
The motion to approve
the $150,000 warrant article with the modification carried unanimously.
Warrant article to add $75,000 to the Highway Equipment Capital Reserve
fund (63:12 elapsed)
Mr. McCarthy stated
that if this amount is added each year that they should be fine until
2020. The motion to approve this funding
carried unanimously.
Warrant article: Capital Reserve
fund for town-wide reassessment, $50,000 (64:00 elapsed)
Selectmen Jenness read
the warrant article, which designated the Selectmen as agents to expend the
money. Selectman Musselman asked why
this was being proposed. He stated that
it was new. Mr. Magnant stated that a
five year revaluation would be needed in 2017.
A little over $60,000 was spent four years ago. A full revaluation would cost $100,000. That would be determined based on the
statistical measurements done by the DRA.
Mr. Magnant stated that revaluation is the kind of work that KRT does. Selectman Musselman quipped that those are
fighting words to Selectman Musselman. Editor’s note: See the notes of the October 11, 2012 and
October 22, 2012 meetings, during which Selectman Mills expressed his strong
displeasure with the new assessments based on the KRT revaluation.
Selectman Musselman suggested that the
amount be reduced to $30,000. Selectman
Mills quipped that KRT would hopefully not still be in business. Mr. Magnant stated that they had just done
Portsmouth. Selectman Musselman stated
that they had created a “firestorm” there as well. All were in favor.
Warrant Article, Accumulated leave fund, $50,000 (68:17 elapsed)
Selectman Jenness read
the proposed warrant article, which stated that the fund had been established
by RSA 31:91-a by Article 14 of the 1990 Rye Town Meeting. Ms. Gillespie stated that the liability is
$483,000 while the balance is $174,000.
The motion to approve this as presented carried unanimously.
Municipal Buildings Maintenance Expendable Trust Fund, $25,000 (119:25
elapsed)
Ms. Gillespie stated
that she had an additional warrant article that had not previously been
provided to the Selectmen. Selectman
Jenness read the warrant article which referred to the fund having been
established by Article 11 of the 2007 warrant pursuant to RSA 31:19-a. Ms. Gillespie reported that there is $13,300
in the fund now. That is for all
buildings except the Parsonage, which has its own fund that was set up this
year. However, the Parsonage fund has
only has $1000 left as they had to buy a new furnace recently. The motion to approve as presented carried
unanimously.
Selectman Musselman
reported that kickoff was 30 minutes away.
Mr. Magnant raised the
issue of these stickers. He stated that
a warrant article would be needed if they wanted to charge contractors and
North Hampton residents for using the dump.
Selectman Musselman
stated that they had been asked by North Hampton if access to their residents
could be provided. Some North Hampton
residents currently use the facility, he asserted. It would be a kind gesture to allow North
Hampton residents to pay for a sticker to use the dump. The price would more than cover the services,
with access only on Thursdays and Fridays.
Voters could vote it down if they like, he said.
Mr. McCarthy stated
that the facility is very busy as it is and anything that increases traffic
there is a problem.
Selectman Musselman
suggested that they respond to North Hampton, saying that they are awaiting
facilities improvements before they can offer their residents stickers.
There was then discussion
about stickers for contractors. Mr.
McCarthy stated that this would allow them to get a handle on who is using the
facility.
Selectman Jenness asked
whether these would be offered only to contractors registering their vehicles
in Rye.
Mr. McCarthy responded
in the negative, saying that right now they are coming in and are not
registered in Rye. Mr. Magnant stated
that the ordinance requires that the material being disposed of be sourced in
Rye.
Selectman Jenness asked
how that is proven.
Mr. McCarthy stated
that they do not have a way of doing that.
If they have the time, which is typically not available on Saturdays or
Thursdays, the contractors are asked where the material is coming from. Residents sometimes call them to inform them
that someone is coming from their house.
They Public Works looked at getting a list from the Building Inspector
of open permits, the list is not in order by location so it is very difficult
to look something up. This is why they
are proposing that contractors who are working in Town get a sticker. He indicated that the stickers would be
annual.
Selectman Mills stated
that this would be abused.
There was then
discussion about raising the fees, inasmuch as there is more contractor waste
than waste from North Hampton.
Mr. McCarthy stated
that they were looking at $50 to $150 annually for the contractor
stickers.
Selectman Musselman
asked how the charges for waste disposal are determined. Mr. McCarthy stated that they look at the
load and estimate whether it is a $90 or a $50 load. It depends on the person. He said that he sometimes tries to charge
someone $50. When they respond that Alan
would charge them $30, he tells them that they can wait until he comes
back.
Selectman Musselman
stated that he senses that they double the charges for Selectmen. There was laughter. Mr. McCarthy stated that they know that the
Selectmen are good for the money.
Mr. McCarthy
acknowledged that they do not have a handle on the out-of-town waste. They also receive a tremendous amount of
leaves from landscapers. Mr. McCarthy
estimated that between 20 and 200 contractors use the facility.
Selectman Musselman
suggested a warrant article for permits for contractors.
Burt Dibble, 106 Harbor
Rd., suggested that looking at the building permits might give some idea of the
type of debris going into the landfill.
Mr. McCarthy stated
that often there is no end point on the building permits, so there is a long
list of possibly open permits.
All were in favor of
the motion leading towards a warrant article requiring that contractors obtain
permits.
Jane Holway resignation from the Heritage Commission
(86:57 elapsed)
Selectman Mills asked
who had placed this on the agenda.
Selectman Jenness said that Selectman Mills had. Selectman Mills stated that he still had not
changed his mind. He stated that he
refused to accept the resignation.
Selectman Musselman
moved to accept the resignation.
Selectman Jenness seconded.
Selectmen Musselman and Jenness voted in favor. Selectman Jenness asked Selectman Mills
whether he was abstaining. He responded
no. He said that Ms. Holway had
participated in many things in Town. He
stated that he believed that she had been pushed out. He said that the Chairman was sitting right
there and asked whether she could enlighten them as to what had prompted the
resignation.
Mae Bradshaw, 106
Harbor Rd., Chairman of the Heritage Commission, stated that she had received
the resignation letter via Selectman Jenness.
She stated that Ms. Holway had not discussed it with her. She has no further information, other than
that during the vote to approve the Seven to Save application, Ms. Holway was
the one dissenting vote. At that point
she had stated that she thought she should resign. That was the only occasion that she had heard
her speak of resignation.
Ms. Bradshaw said that,
subsequent to the Selectmen having tabled the matter of the resignation, she
had received another letter from Ms. Holway asking to resign as Treasurer of
the Heritage Commission. At the last
Heritage Commission meeting they had voted to accept that. They are now without a Treasurer. Ms. Bradshaw stated that she had been
appointed as acting Treasurer.
Selectman Musselman
stated that, based on Ms. Holway’s letter, it appeared that she had come to
believe that the Town Hall should be torn down and that she felt that she would
be unable to convince the others to the contrary. She was the HDC for a long time, he said.
Selectman Jenness asked
what Selectman Mills’ vote was. He
responded that they were in the discussion period and asked “you people” to
reconsider their vote and that he would talk to Jane and possibly have her
present at the next meeting.
Selectman Jenness asked
Selectman Musselman whether they wanted to rescind their votes.
Ms. Bradshaw stated
that Peter White had filed an application to return to the Heritage
Commission. He had been the acting
Treasurer prior to Jane coming back on to the Commission. She has not been attending Heritage
Commission meetings or budget sessions.
Selectman Mills stated
that this was a drastic move by Ms. Holway, and “God knows, we’ve had our
fights.” He requested two more weeks.
Selectmen Musselman and
Jenness withdrew their motion and second respectively.
Ms. Bradshaw requested
that Peter White’s application be considered at the next meeting, along with
Ms. Holway’s resignation.
Appointment of Gail Snow as Health Officer for three years (95:37
elapsed)
Selectman Jenness
stated that they have the RSA and did not know that the appointment had usually
been for a three year term. The
appointment was approved unanimously.
Selectman Jenness asked
whether there was any more old business.
Selectman Musselman
stated that there were five minutes remaining before kickoff.
Part-time officer hiring (98:12 elapsed)
Mr. Magnant raised the
issue of the hiring of a part-time officer and asked whether he should come to
the next meeting. Mr. Magnant stated
that this would be for Greg Kendall’s spot.
It was agreed that he should come to the meeting with in two weeks.
Septic pump out ordinance
Selectman Musselman
asked for authorization for him, Mr. Magnant and Ms. Reed to meet with Attorney
Donovan to come up with a pump out ordinance.
This was granted.
Adjournment (102:41 elapsed)
The meeting adjourned
at approximately 8:31 p.m. Editor’s note: This was just one minute after the kickoff of
the Patriot’s game.