NOTES OF JANUARY 11, 2016 RYE BOARD OF SELECTMEN MEETING
Final Revision A – 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 6:46:47 p.m. (0:00 elapsed). The
audio is off until 6:47:23 p.m. (0:36 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, Police Chief Kevin Walsh, Interim Fire Chief Tom Lambert, Planning Administrator Kim Reed.
Persons present from the public included: David Borden (State Representative for Rye), Lori Carbajal, Peter Crawford, Joe Cummins (arrived about 7:20 p.m.), Paul Goldman, Steve Hillman, Lindsey Josephs, Sharon Musselman, Tom Sherman (State Representative for Rye) (arrived about 7:18 p.m.) Nancy Stiles (State Senator for Rye), Ray Tweedie.
Summary
Announcements (1:18 elapsed)
Selectman Jenness announced the Martin Luther King Day closing on January 18 and the January 12 deadline for petitioned warrant articles. She congratulated Planning Administrator Kim Reed for having been named a clean water champion and summarized her background.
There was no consent agenda.
Public hearing on pump-out regulation
(3:38 elapsed)
Planning Administrator Kim Reed summarized the regulation. She referred to the impaired Parson’s Creek Watershed and the need for a regulation requiring pump out every three years.
Selectman Mills asked how long it would take to have copies of the regulation made so they could be passed out to those present.
Victor Azzi asked whether there would need to be another hearing because people had not received a copy of the ordinance. Selectman Mills stated that Mr. Azzi could have found it by poking around on the Town website.
Peter Crawford stated that the ordinance had been on the Town website and that he had read it there. The issue, is not, however, whether he had had an opportunity to read it, but whether the notice that appeared in the newspaper stated that copies were available for inspection at Town Hall, he said. Ms. Reed confirmed that it did.
Laurie Acer, 1268 Ocean Blvd., stated that she had a seasonal residence that is in the red, hot zone. She asked if the septic pump out contractors were aware of this. Ms. Reed stated that they had spoken with Chris-Co and he is aware of it. Selectman Mills stated that this had been casual and nothing official. Ms. Reed confirmed and said that he had thought that it was a great idea. Ms. Acer noted the difficulty of scheduling as the pump out contractors do not always provide a definite time. Selectman Mills stated that this is new and the details would need to be worked out. He stated that Chris-Co had bought Alden Philbrick’s business.
John Riley, 1285 Ocean Blvd., stated that he applauds the idea of doing something to clean up Parson’s Creek. It seems to be getting worse. He questioned however, the need to have the Building Inspector present, given the added work load. He stated that it would be easier to have the person doing the pump out certify that the septic system is in good operating condition. He asked about the procedure for rectifying problems as there are 75 year old systems. He asked why this would not be part of the Planning Board’s wetlands study. Mr. Riley suggested expanding the regulation to cover the entire Town.
Selectman Musselman stated that they do not plan on having the Building Inspector present for all pump outs. He, or the septic consultant, would attend only for critical systems that they think are contributing to bacterial contamination. A fair part of southern Rye is covered by public sewer so town-wide implementation is not needed, he said.
Mr. Riley stated that he has a two year old septic system, but is concerned about the private property issue of having the Building Inspector come on properties.
Selectman Musselman stated that they would need the cooperation of the residents in areas near 2-3 homes where there are very high levels of contamination. Those will be pursued.
Selectman Jenness stated that data has been collected for years. It is not always obvious that a system has failed or that there is a system at all.
Victor Azzi stated that he has a brand new septic system and that he supports the regulation. He asked whether it would be mandatory that people answer a questionnaire indicating whether they have a septic system, a holding tank, or no system at all. He asked what the mechanism would be to ensure replacement of failed systems.
Selectman Musselman stated that both the Town and the State have authority to take action if there is a failed system.
Lori Carbajal, 18 Tower Ave., asked whether the regulation would apply to commercial businesses with holding tanks.
Selectman Musselman stated that if the business has a permit for a holding tank they would be covered by the permit. If there is a holding tank that it not permitted, that would be covered by the ordinance, he said.
Selectman Mills stated that there used to be one in Jenness Beach that was certified as pumped out every Friday afternoon. Ms. Reed stated that there were at least two holding tanks at commercial establishments that were being monitored. Selectman Musselman stated that there was a restaurant that had had, at one time, a holding tank.
Selectman Jenness closed the public hearing.
Selectman Musselman moved to endorse the Health Officer’s adoption of the regulation, pending a positive vote at Town Meeting.
Public hearing on rescission of backhoe bond
authorization ($110,000) (28:46 elapsed)
Dennis McCarthy stated that the backhoe was obtained through a five year lease/purchase that he believes has already been paid off.
There was no public comment and the motion to approve the warrant article for rescission carried unanimously.
Minutes (32:21 elapsed)
The minutes of the regular and non-public meetings on December 28, 2015 were unanimously approved without changes.
Beach Committee Report (32:41
elapsed)
Larry Rocha, Chairman of the Beach Committee introduced the two other members (Lori Carbajal and Steve Hillman) who were present. The Committee had had four meetings in the past year. Police Chief Kevin Walsh had attended all of them, and Interim Fire Chief Tom Lambert had attended most of them, he said.
There was a recommendation relating to increased signage and a reference to working with the Surfrider Foundation and the Blue Ocean Society on litter, Mr. Rocha said.
Mr. Rocha
stated that it had been said that at a previous meeting that they had not
fulfilled their duty to count cars. They
in fact had. He provided
statistics. The greatest number of cars
were from New Hampshire, followed by Massachusetts and Canada. They noted a lot of non-residents parked at
Sawyers Beach. Editor’s note: That is a zone
that is posted for those with resident beach permits only.
Mr. Rocha stated that most of the issues are related to parking. They are not looking to deny access, but when all of the spaces are filled, people cannot just park anywhere. He noted that a woman was allowing up to eight cars to park in her yard.
Mr. Rocha stated that they would like the fine for parking violations increased to $50, and for satellite parking to be explored. He referred to the possibility of parking kiosks on Route 1A to fund beach management.
Mr. Rocha suggested a $100 charge for beach use permit applications and also recommended that a deadline be established.
Selectman Mills asked whether March 1 had been established as a deadline. Police Chief Kevin Walsh stated that letters had gone out earlier that day.
Mr. Rocha had other comments on consistent placement of the flags marking swimming zones and the lack of consistent training of lifeguards in life saving techniques.
Mr. Rocha stated that surf school organizations had been contacted about the maximum sizes of surf camps. Some said that there were limits of 20. Others provided larger numbers. The Committee’s recommendation is that the current limits are fine. The 3:1 and 4:1 student to instructor ratios are also fine.
Lori Carbajal noted that Sawyers Beach is frequented by seasoned surfers. In the camps, the kids need white water. But they are 500 yards from the nearest bathroom. Mr. Rocha said that this is not part of the recommendations as the issue was brought up late.
Selectman Musselman stated that the Committee had done a fantastic job and the information was very helpful.
Selectman Mills stated that Summer Sessions was doing a good job trying to cooperate with the town.
Selectman Musselman asked about the comment about cars parked at Sawyers without stickers. Chief Walsh responded that they are ticketed on a regular basis. Mr. Rocha said that people will just pay the $30 fine.
Selectman Jenness expressed concern about parking being pushed further and further inland.
Selectman Musselman noted that Rye’s entire State legislative delegation was present. There would be a report on the parking study in the next month or two. Cost and revenue estimates would be provided. This has not been budgeted as the next step is more detailed discussions with the Department of Transportation. They have said that they need to see details of the proposal. Some progress has been made on the issue of the Town keeping the revenues. Town Administrator Magnant stated that it is within the DOT Commissioner’s discretion. Early indications are favorable, he said.
Selectman Musselman referred to $200,000 construction and $200,000 revenue estimates.
Lori
Carbajal suggested that state assistance be provided with beach garbage
collection. Selectman Mills responded
that the reason that there are no barrels is that residents were placing their
trash in them. He provided a further
detailed discussion of beach trash policies and the reasons. Editor’s
note: The RCL has obtained a copy of an
April 23, 2012 proposal, for $4375, from JGM Trucking, LLC for beach trash
pickup. It is signed by Joseph G. Mills
III, President. The RCL understands that
this is Selectman Mills’ son and that his company was awarded the contract in
2012, but no longer has it.
(59:05 elapsed)
Peter Crawford asked about the
parking kiosks and referred to a statement by Senator Stiles a couple of years
earlier indicating that she had checked with the State and that everything was
OK and that meters could be placed on Ocean Blvd. He stated that he was surprised that they
seem to be back pedaling now. Editor’s note: See the notes of the September 24, 2013 Board of Selectmen Beach Work
Session with the State. These notes state that “Senator Stiles announced that
her inquiry with the State had revealed that communities are allowed to install
parking meters on state roads. Such a
decision would be in the hands of the selectmen. All money collected from the meters and fines
would flow back to the Town, however the town would need to pay for the meters
and their maintenance and issue the tickets.
She referred to a section of RSA 231.”
N.H. RSA 231:130 permits towns to install meters on “any street,” which
would appear to encompass state roads.
See also the Town minutes of the same meeting, page 1, which contains a
similar summary of Senator Stiles’ comment.
Mr. Crawford continued, saying
that he thought that he had heard a couple of months ago that this had been reconfirmed. Selectman Musselman stated that they needed
it in writing. Selectman Jenness stated
that the position was vacant for a while.
Senator Stiles stated that she would get “her” down to meet with the
Selectmen. Editor’s note: The DOT website
indicates that Victoria Sheehan is Commissioner of DOT.
Mr. Crawford asked whether there would be enough budget in 2016 to move the process forward. Selectman Musselman stated that there was enough consultant money in the 2016 budget to move the process forward for installation in 2017. Mr. Magnant and Ms. Gillespie agreed.
Contract with Comcast Cable (61:38 elapsed)
Town Adminstrator Magnant stated that they would need to extend the existing contract for 90 days as the new contract is only a draft. They hope to have the new contract done within 60 days. The motion to extend the contract carried unanimously. Town Adminstrator Magnant noted the need for a public hearing.
Mosquito surveillance report from Swamp (63:31 elapsed)
Selectman Mills suggested that a copy be sent to the Conservation Commission. The motion to accept the report and place it on file carried unanimously. Selectman Jenness noted that there were no cases of EEE or West Nile in 2015.
Letters from Peter Loughlin and Patricia
Weathersby regarding Planning in Rye and Planning Administrator Kim Reed (64:29
elapsed)
Selectman Jenness read the letter from Peter Loughlin. It referred to comments from members of the Rye Civic League regarding the character of Rye. Editor’s note: He is referring to the RCL Discussion Topics section, which consists of opinions. The letter states that Mr. Loughlin does not agree that a full-time planner needs to be hired. It praised Rye’s Town Administrator, Town Attorney Michael Donovan and Planning Administrator Kim Reed, saying that she was one of the best planners in the State.
Selectman Mills stated that Peter Loughlin is younger than he, but they go back a long way. They both went to St. Pats and they were in the Boy Scouts together. Selectman Mills stated that Mr. Loughlin had taken issue with the Rye Civic League on their positions on Kim Reed. Editor’s note: The Board of Selectmen was not understanding that the RCL does not make those types of comments and it was a Rye resident speaking of the need to invest in managing one of Rye’s most valuable assets. Selectman Mills, not the RCL, interjected Ms. Reed into the conversation.
Selectman Jenness then read a letter from Patricia Weathersby, Chairman of the Zoning Board of Adjustment, which stated that some persons are expressing their displeasure with Ms. Reed and calling for a full-time planner. The letter stated that the use of the Rockingham Planning Commission and consultants would be a better use of resources. It acknowledged that Ms. Reed is not a professional planner but praised the planning work that she had done and the work that she has done for the Zoning Board of Adjustment. The letter stated that she was speaking for herself and not the entire ZBA.
Selectman Mills acknowledged that Ms. Weathersby’s letter did not mention the Civic League.
Peter Crawford stated that he is distressed that Selectman Mills believes that this came about because of anything that the Civic League did. Selectman Mills interrupted and read from Mr. Loughlin’s letter “I read with interest the recent comments of my friends in the Rye Civic League.” Mr. Crawford responded that Mr. Loughlin is referring to the members and not the Civic League as a whole. “The Civic League does not take positions, and we would be particularly reluctant to say anything about any town employee as an official position of the Civic League,” he said. Mr. Crawford said that Mr. Loughlin is referring to a short opinion by one of our members that appeared in the editorial section of the last two editions of the Civic News, Mr. Crawford said. It is fairly clear that that is what it is. If not it can be made even more clear. In the Civic News that comes out every month, we try to foster discussion and talk about issues facing the Town. One of those issues is the planning process and the need for a Town Planner, which doesn’t mean that we are taking any position on the Planning Administrator and the job that she is doing, he said. He apologized to Ms. Reed if this was taken the wrong way. Neither Mr. Loughlin nor Ms. Weathersby refer to any position taken by the Civic League. That is the way what we have written must be taken, he said.
Selectman Mills referred to the Chairman of the Civic League having endorsed a letter against him for Selectman. He raised his voice and said “you people don’t take positions? You know you ought to go into the business of selling B.S. because you’d be a millionaire.”
Selectman Jenness interrupted and told Selectman Mills that that was enough.
Mr. Crawford stated that members are encouraged to take positions as individuals. He stated that if the Chairman had taken a position on a town office that was entirely appropriate, but it is not the position of the Civic League. The Civic League does not endorse candidates.
Selectman Mills stated that Mr. Herlihy had endorsed Ms. Bradshaw for Selectman against him.
Mr. Crawford asked whether anything in that had stated that that was the official position of the Civic League.
Selectman Mills said “no, it didn’t say it, but you can’t use it, unless it’s been discussed.”
Mr. Crawford responded, saying “we’re never going to accept that no member of the Civic League can ever take a position, that’s absurd.”
Selectman Musselman commented about the difference between what the Civic League does and what Joan LaFrance, which the Civic League grew out of, used to do. “This isn’t bombast of Joe’s sort, but he’s got an issue,” he said. Selectman Musselman stated that it was impossible to tell the difference between the “in your face” comments of the members and the positions of the Civic League.
Mr. Crawford stated that he would like to see some specific examples and suggested that they talk offline.
Paul
Goldman, 1190 Washington Rd., stated that he was Vice Chairman of the Zoning
Board. He supported what Ms. Weathersby
wrote and praised Ms. Reed. He stated
that he agreed wholeheartedly with Selectman Musselman’s views just expressed
and referred to “liberally sprinkled personal editorial comments in all of the
Rye Civic League notes and minutes…” He
referred to Mae Bradshaw having stood up and said that they had done a horrible
job as a Town Hall Committee. Editor’s note: Ms. Bradshaw is neither a director nor an
officer of the Rye Civic League, but even if she were, she would be encouraged
to express, rather than discouraged from expressing, her personal views.
Selectman Mills started to clap, but it appeared nobody else in the room followed suit, and he stopped.
Resignation of Bartholomew Conlon from the Police
Department (81:00 elapsed)
The motion to accept his resignation carried unanimously.
State representative’s comments about Citizens United,
speed limits and the opiate crisis (82:07 elapsed)
State Representative Tom Sherman stated that he and Representative David Borden had received a letter from Mr. Magnant relating to passage of a petitioned warrant article the prior year. Both he and Mr. Borden voted in favor of forming a commission on this issue but it was defeated by the Legislature. Nothing is going forward on the Citizens United issue at this time. It is a federal issue, but the States get involved in terms of amendments to the constitution, he said. Editor’s note: See Citizens United v. Federal Election Commission, 558 U.S. 10 (2010), Rye 2014 Warrant Article 23.
Mr. Sherman also announced that legislation that he and Mr. Borden had worked on now permits the Town to lower speed limits during a four month period in areas of heavy congestion. The two of them and Senator Stiles were co-sponsors. It allows a 5 m.p.h. reduction. The expense of the signs is on the Town, he said.
Mr. Sherman also referred to a symposium on the opiate crisis. Chief Walsh referred to an upcoming meeting on the issue.
Seacoast Pathways $1500 warrant article (87:46 elapsed)
Selectman Musselman stated that he would recuse himself. Sharon Musselman, 172 Sagamore Rd., explained the program for people with mental illness. There are members from all over the Seacoast, including four Rye residents. Selectman Mills stated that he and his wife had signed the petitioned warrant article. Selectman Mills moved to recommend the warrant article. Selectmen Jenness seconded. The vote was 2-0, Selectman Musselman abstaining.
Operating budget (92:21 elapsed)
The
operating budget of $9,104,794 came up for discussion. The default budget would be $8,828,460. Selectman Musselman moved that the warrant
article be placed. Selectman Mills
seconded for discussion, stating that he would vote against it. Selectman Musselman asked why. Selectman Mills stated that it was because of
the actions of the Town Clerk. He would
speak to explain this to the Budget Committee.
Editor’s note: See the notes of the October 26, 2015 meeting
at which Selectman Mills berated Town Clerk Beth Yeaton for not having the Town
Clerk’s office open on five Saturdays because of the unavailability of State
support for vehicle registrations on those Saturdays. The vote to place the budget warrant
article passed 2-1, Selectman Mills voting against. Editor’s
note: At the January 19, 2016 meeting,
Selectman Mills changed his vote and the budget was recommended 3-0.
Selectman Musselman noted the
difference between the proposed budget and the default budget, and asked how
they would come up with $280,000 in cuts if the operating budget did not
pass. Ms. Gillespie stated that most of
it would need to come out of the capital outlay budget. There would also be the option of a special
town meeting. Selectman Musselman stated
that there was a strong possibility of going to the default budget. Editor’s
note: In 2015, the operating budget
passed with only 54.8 percent of the vote.
Warrant article to acquire 541
Washington Rd. (97:46 elapsed)
Selectman
Musselman moved to adopt the warrant article.
He noted that the parcel was 1.4 acres and in a sensitive location. He also noted that a letter had been received
from the Historic District Commission.
The property goes down in back, and is developable there, he said. Editor’s
note: The property is adjacent to, and
directly northeast of, the Public Safety Building.
Mark Josephs stated that the Public Safety Building is worrisome. The survey indicates that most want to keep the Town Hall in the center of town, and that they are not concerned that all services be under one roof. The Public Safety Building is only partially used, he said.
Peter Crawford agreed with Mr. Josephs. He also referred to the Town Hall survey, page 7. Editor’s note: Click here to see the survey. A new Town Hall on a new site was strongly supported by 8 percent and somewhat supported by 14 percent. Only 22 of the Town wants to do this sort of thing. Selectman Musselman said that they would then vote it down. Mr. Crawford stated that it was a lot of money to spend just to keep an option open and he does not see what could go there other than a new Town Hall, which is very unlikely to be accepted based on the survey, he said.
Ronnie Werner, 520 Washington Rd., stated that the way that the warrant article is worded voters would not know about other properties that the town has. It’s confusing. They would not know about the thing across the street, or about the second floor of the Public Safety Building which was talked about at the time. It is not clear to someone just showing up at the polls, she said.
Selectman Jenness stated that the purpose is not solely for Town Hall. It is a chance to land bank the property, she said.
Brian Wilkins, 2 Lang Rd., stated that he lives next door. He said that he is disappointed that they are thinking of putting a parking lot there. The Town Hall had been voted down the prior year. In the survey, two-thirds were opposed to building a new building. Voters wanted to renovate the existing property, he said.
Selectman Mills stated that the opposition wants to save the Great Hall, the tin ceiling and the stairs. He pointed to the stairs at the front of the building and said that they are “illegal as hell” but “they” want them saved. We’re trying to put everything into one spot and it keeps getting thrown out, he said.
Selectman Musselman stated that discussions had been underway for almost a year. It is not specifically for town hall. Who knows what office space needs there might be in 15 years, he asked. He also referred to an ongoing study on a Community Center. It may well go on Recreation Rd. but it may go elsewhere. There may be other public purposes that they currently cannot anticipate. “If we don’t act in March we will never have access to that property again,” he asserted.
Mr. Coffey referred to online access to documents. If that is the future, he asked, why does everything have to be in one building? My generation does not find stuff through the mail. Caitlin and I register our cars and pay our taxes online, he said.
Lindsey Josephs cautioned that they can’t just let happen to that house in the center of town what happened to the Old Police Station.
Karen Stewart, 546 Washington Rd., stated that she was on the Town Hall Committee and knows the genesis of this proposal. She is surprised that the kinds of uses are not stated. She raised the issue of the cost of demolition.
Mark Josephs stated that the Historic District cannot tolerate another municipal building.
Paul Goldman stated that he is sensitive to all of the comments. He stated that it is crucial that people know why there is a warrant article with five options. The Town Hall Committee is not predisposed to any option. Four of the five options involve the current Town Hall site, he said.
Selectman Jenness stated that a lot had been done with the current Town Hall building, including a new roof and a geothermal system. But, the sides cannot be scraped and repainted until a decision has been made, she argued.
Lori Carbajal referred to the natural physical obsolescence of the building as it is located next to the Public Safety Building. It devalues the neighbors’ properties regardless of how it looks, she said.
All were in favor of placing the warrant article.
Petitioned warrant articles (137:58 elapsed)
Selectman Jenness stated that some had been received, but they had not had a chance to look at them.
Peter Crawford stated that he had sent a letter to Town Administrator Magnant. He stated that, if there is going to be an opinion from Town Counsel, the proponents of the warrant articles would appreciate knowing in advance rather than having the opinion sprung on them at the Deliberative Session. He stated that, by two weeks from that night, he hoped that there would be responses from Town Counsel. He asked also for information on what amendments might be proposed at the Deliberative Session so that they would not be blind sided.
Selectman Mills made a comment and laughed.
Selectman Musselman stated that they would be having a meeting prior to the placement of the warrant articles, and there is new legal precedent that the Selectmen may take a position on non-money warrant articles. We will be doing that, at that time, he said.
Mr. Crawford asked why the opinion of Town Counsel could not be provided prior to the Deliberative Session. Selectman Musselman responded “we will see.” After a follow-up question from Mr. Crawford, Selectman Musselman said that they would need to see any opinion to determine whether it was appropriate to share it.
Selectman Mills asked whether these were Civic League articles. Mr. Crawford stated that they were not. Editor’s note: Selectman Mills still does not understand that the Civic League would not put forth warrant articles. Residents who are also members of the Civic League do put forth and sign petitioned warrant articles.
There was a question from the audience about recommendations on the articles. Selectman Jenness stated that the Budget Committee would not be making recommendations on the petitioned warrant articles.
Paul Goldman pointed out that the following Thursday would be the public hearing. They would be meeting at 5:30 p.m. to vote on any last minute changes prior to the public hearing.
Comments by Joe Cummins (143:21 elapsed)
Joe Cummins, 990 Washington Rd., walked in from outside in the hall to make a comment. Selectman Mills indicated that he could not as he had not been in the room, and argued that he was blocking the fire exit.
Mr. Cummins received a clarification that the Budget Committee provides recommendations on petitioned warrant articles if money is attached.
Mr. Cummins referred to the default budget calculation having been in error by a large amount in the prior year. As he had heard discussion that this could be voted in, he asked that it be checked.
Selectman Musselman asked Ms. Gillespie to check it very carefully.
Selectman Jenness and Musselman said that they would not be doing the checking. Selectman Musselman said, apparently referring to Selectman Mills and Town Administrator Michael Magnant, that they would have Joe and Mike check it.
Mr. Cummins stated that he had attended some Civic League meetings, and the Selectmen had been defended and spoken well of at some of the meetings.
“Don’t BS me,” said Selectman Mills.
It is not a one way street in terms of the discussion, Mr. Cummins said.
Adjournment (147:00 elapsed)
As heated discussion between Mr. Cummins and Selectman Mills were ongoing, Selectman Musselman asked whether a motion to adjourn would be appropriate. Selectman Jenness said “it certainly is.” Selectman Musselman so moved. It did not appear that a vote had been taken when the video was switched off.