NOTES OF MARCH 14, 2016 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 6:56:24 p.m. (0:00 elapsed). The audio is off until 6:57:29 (1:05 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 (portions of meeting only), Interim Fire Chief Tom Lambert, Recreation Director Lee Arthur.

Persons present from the public included: Peter Crawford, Joe Cummins, Burt Dibble, Beverly Giblin, Paul Goldman, James Tegeder.

Summary

1. Water main replacement and repaving will occur this summer near Marsh and Parsons Roads.

2. Selectman Mills was selected as Chairman of the Board of Selectmen, following the customary rotation. The various Committee representatives will remain as before.

3. The Parsonage and Parsons Creek committees will be formed in April. The charge will be developed at the March 28 meeting and volunteers are being sought.

4. New meeting procedures are being proposed. There will be an opportunity for public comment at the beginning of each meeting. Public hearings will provide five minute, three minute and one minute opportunities for each person to speak.

5. The Selectmen will be looking at ways to continue the discussion on Town Hall, although it is likely no money can be spent due to the defeat of related warrant articles.

6. Modifications were made to the charge of the Recreation Facilities Needs Assessment Committee. It is not certain that a new building will be proposed.

Announcements (1:45 elapsed)

Selectman Jenness announced the public forum the following night on cancer clusters: 6:30 p.m. at Rye Elementary School.

Consent Agenda including water main work and paving at Parsons and Marsh Roads (3:02 elapsed)

Selectman Jenness asked that items F and G be pulled out. Items A through C relate to the HeathTrust and will require signatures. Item E is a raffle request for the Learning Skills Academy. Item F is a “Pelican Plunge” at Foss Beach for Star Island Corp. Item G is a memo from Police Chief Kevin Walsh regarding the replacement of water valves and pipes this summer on Parsons Rd. Item H is an event permit application for a 20 mile race on March 26 for Eastern States.

Selectman Jenness asked, with regard to F, the Pelican Plunge on April 24, 2016, whether Sawyers Beach might be easier to access than Foss Beach. Public Works Director Dennis McCarthy indicated that Chief Walsh had left some information with him regarding that. The event is expected to attract 50-70 people. He stated that he believed Chief Walsh had steered the group towards Foss Beach.

Selectman Jenness asked why the water main work on Parsons Rd., which would require closing of the road, could not be done after Labor Day. Mr. McCarthy stated that Public Works is also proposing to pave the road. The Water District is trying to get the water main work done prior to the paving, he said. Selectman Jenness asked why it could not be done prior to Memorial Day. Mr. McCarthy stated that the Water District would not be ready at that time as it needs to be put out to bid. He stated that the work would involve parts of Marsh Rd., Parsons Rd. up to where the Fairhill dead ends would have gone through. The part of Marsh Rd. to have work done on it is going west, not towards Wallis Sands State Beach. The State is planning to pave that section this year also, he said.

Selectman Jenness referred to prior problems with subcontractors. Editor’s note: The water main replacement along Ocean Blvd., voted in 2013, resulted in problems with traffic control, with flagmen leaving the work site despite the existence of open holes in the roadway. Mr. McCarthy stated that Wright Pierce is the engineer only. The construction would be bid out. Wright Pierce has submitted a very specific flagman ordinance and a traffic plan. The only remaining issue to be resolved is to whom the flagmen are going to report. Chief Walsh wants authority over what they are going to be doing, he said.

Selectman Musselman moved that A through F and H be approved. Selectman Mills seconded. The motion carried unanimously.

Selectman Musselman moved that Item G be tabled pending a subsequent discussion with the Police Chief. All were in favor.

Organization of the Board of Selectmen (10:04 elapsed)

Selectman Jenness stated that they needed to select a Chairman. Selectman Musselman suggested that they continue with the long-standing tradition of rotating the Chairman and Vice Chairman positions. He moved that Selectman Mills be designated as Chairman. Selectman Jenness seconded. All were in favor. Selectman Mills suggested that Selectman Jenness continue as Chairman for the remainder of the items.

Selectman Mills moved that Selectman Musselman be designated as Vice Chairman. Selectman Jenness seconded. The vote was 2-0, with Selectman Musselman abstaining.

There was discussion about the remaining positions. It was agreed that Selectman Jenness would continue to serve as representative to the Planning Board, the Heritage Commission and the new Rye Recreation Facilities Need Assessment Committee. Selectman Musselman would continue to serve as representative to the Budget Committee.

With regard to the Historic District Commission, Selectman Mills stated that he would continue to serve, although he has not been going to meetings. He needs to make a notation of pending meetings when he receives the notices as half of the time he does not realize that there has been a meeting until it is over, he said.

Selectman Musselman made a motion to keep the same representative positions in place. Selectman Jenness seconded. All were in favor.

Minutes (13:06 elapsed)

Selectman Mills then took charge of the meeting. The minutes of the February 22, 2016 meeting and the non-public session of the same day were unanimously approved without changes.

Appointment of John Trainor as a part-time officer (13:29 elapsed)

Selectman Mills stated that they had met Mr. Trainor. He is a mature person, not a young kid. That is not derogatory, he said. The motion to appoint Mr. Trainor carried unanimously.

21 Triton Dr. enforcement action (14:37 elapsed)

Town Administrator Michael Magnant stated that they had a memorandum from Peter Rowell, the Building Inspector, regarding this. Three notices of violation had been sent to the property owner regarding a shed that had been built without a building permit. A variance is needed because of the setback. The Town Attorney will not take action without the Board of Selectmen first approving enforcement, he said.

Burt Dibble asked whether a note from the Town Administrator shouldn’t first be sent to avoid the cost of the attorney. Mr. Magnant stated that the Building Inspector had already sent three notices and met with the individual. At this time it needs to be stepped up, he said.

Selecman Musselman stated that they need to be consistent in authorizing enforcement actions. Selectman Mills referred to July and December of “215” notices. Editor’s note: He apparently meant 2015. Selectman Jenness moved that they proceed with enforcement. If that is not done, it is not fair to those who follow the rules, she said. Selectman Musselman seconded. All were in favor.

Parsons Creek Committee and Parsonage Committee (17:19 elapsed)

Selectman Mills read the letter from Kim Naioti offering to help with the Parsons Creek Committee. She is a mother of three, frequents Pirates’ Cove Beach and lives about a mile from the beach, the letter said.

There was discussion about whether the Parsonage Committee being the next item on the agenda. Town Administrator Magnant summarized the prior discussions with regard to each of these committees.

Selectman Jenness stated that there had been a few people who had suggested that they would like to be on the Parsonage Committee. They are not ready to name that committee as there is no charge yet. She suggested that the charge first be developed. If there are more volunteers than spaces on the committee the Selectmen would have to choose whom to select. She suggested that the letters provide information on each person’s background.

There was discussion about the charges and the availability of time for further discussion.

Selectman Musselman moved that draft charges be prepared for the March 28, 2016 meeting and that appointments be considered at the first meeting in April. All were in favor.

Standard meeting procedures policy (21:00 elapsed)

Selectman Mills stated that the document is long. He would read the first paragraph and then attendees would be welcome to have copies. It stated that the procedures could be adopted by a majority of a board, commission or committee. The procedure would allow for appropriate input or comment by members of the public and provide a businesslike procedure for conduct of business by the board, commission or committee.

Selectman Jenness said that they would not be acting on the procedure that evening.

Selectman Musselman said that it is intended that each board, commission or committee decide on its own procedures, or no procedures. That is completely within the purview of each. Provisions for the conduct of public hearings are set forth so that they are conducted in a civil and orderly fashion so that there not be back and forth. There would be five minute, three minute and one minute responses with three opportunities to speak. Early on in Selectmen’s meetings there would be public comment periods so anyone in town could get on the agenda early in the meeting and speak at the beginning or end of the meeting. This is similar to the process used in Portsmouth and Concord City Council meetings as may be viewed on cable TV, he said.

Paul Goldman asked whether this would be in effect for committees once the Board of Selectmen have enacted it. Selectman Musselman stated that it would be, if the committee so chose. They could change it if they want. Editor’s note: Mr. Goldman is Chairman of the Budget Committee. Selectman Musselman stated that they had had Town Attorney input on the procedure and it complies with the right-to-know law.

Mr. Goldman pointed out that today is “pi day,” 3.1416. It won’t happen again for another hundred years. Only today can the Selectmen be irrational in whatever they do. There was laughter. Selectman Mills said “oh yeah.”

Peter Crawford stated that he had skimmed the document. He stated that the time limits don’t seem to relate to a particular topic. He asked what would happen if there are multiple public hearings in a single meeting or there is a Budget Committee meeting at which warrant articles are brought up in sequence.

Selectman Musselman initially said that the opportunity for the public to speak would come only at the beginning of the meeting. After Mr. Crawford gave the example of two public hearings being scheduled at the same Board of Selectmen’s meeting, he agreed that each would have an independent opportunity for public comment.

Mr. Crawford questioned the language referring to “up to five minutes” and asked whether a committee chairman could provide a person only 30 seconds to speak. Selectman Musselman said that the person speaking could elect to use no more than five minutes. Mr. Crawford suggested that the language “no more than” be used. Selectman Musselman agreed that that was fair. Mr. Goldman pointed out that the three and one minute parts uses inconsistent language with the five minute part.

New business, new truck chassis purchase (30:00 elapsed)

Public Works Director Dennis McCarthy stated that he would like to purchase the chassis for the truck approved at the Town Meeting. It is a State bid, and is the same as the International bought for $79,850 in 2014. This price would be $81,800. They would like approval so they can start working on the body. The truck would not be in until August.

In response to a question from Selectman Mills, Mr. McCarthy confirmed that the truck would be red. This would replace the white one, he said.

Selectman Musselman’s motion to approve the purchase carried unanimously.

Burt Dibble on Town Hall (31:51 elapsed)

Burt Dibble, 106 Harbor Rd., stated that, after the UNH survey on Town Hall he had been waiting to see the difference between what the voters think compared to those answering the survey. It is pretty clear that the voters are interested in preserving the Town Hall in its current location. There are Seven to Save opportunities as well as opportunities to obtain funds. To some degree time is of the essence with regard to plans going forward, he said.

Editor’s note: There were four warrant articles relating to Town Hall on the 2016 ballot. Article 4, which would have authorized the purchase of land directly northeast of the Public Safety Building on Washington Rd. for $460,000 failed 320-1261, receiving only 20.2 percent of the vote. Article 11 would have provided $60,000 to study five options for Town Hall, including (1) renovating it, keeping the historical features in place, (2) renovating it without regard to the historical features, (3) tearing it down and rebuilding on the same site, (4) leaving the existing building for use by others and building a new Town Hall on the same site, and (5) leaving the existing building for use by others and building a new building adjacent to the Public Safety Building. Article 11 failed 703-856, receiving 45.1 percent of the vote. Article 22, that provides that the Town supports also options that save the Town Hall building, passed 983-454, receiving 68.4 percent of the vote. Article 23, which would have limited office designs to a space need equal to current town-owned building space, narrowly failed to pass, 694-718, receiving 49.2 percent of the vote.

Selectman Mills stated that the town vote had only been the prior Tuesday. If the Selectmen do not meet in public, “certain people” would object, he said.

Dr. Dibble indicated that there are many people on the Heritage Commission and the Historic District Commission who are very interested in seeing the project move along. He reiterated that time is of the essence for taking advantage of the Seven to Save opportunity, he said.

Selectman Musselman pointed out that, under the new policy, these issues would be brought up at the beginning of the meeting. This was a fine comment and they need to place the issue on their agenda, he said.

Selectman Jenness stated that, as a Town, we are left with no money to work with. However, that does not mean that they have to be lacking in ideas. It is going to take some reorganization to come up with something new, revitalized and inexpensive. She wondered whether enough could be scrounged together to put a coat of paint on the building. That has been a problem all along as they did not want to paint something that needed to be torn off to be brought up to standards. She suggested that the Board of Selectmen gather some people together for a brainstorming session “in a little while.” There are a lot of things that the voters voted for that must be dealt within the next few weeks, she said. In a month or so they should come together to start to look forward.

Dr. Dibble asked how the people would be chosen. Selectman Jenness stated that they do not know, as they had not seen each other since the prior Tuesday when the ballot boxes were sealed.

Dr. Dibble asked whether the $400,000 reserved from the prior year’s budget could be used for funding. Selectman Musselman stated that the warrant articles to appropriate funds to study alternatives were voted down. The question could be posed, however the same question had been posed the prior year and the response was “no means no.” That does not mean that other alternatives cannot be thought about, discussed and planned, he said.

Rye Recreation Facilities Need Assessment Committee Charge (38:18 elapsed)

Selectman Jenness said that she had gone to the first meeting of the Committee. A couple of changes are needed to the charge. The April date for a report back to the Selectmen is now totally unreasonable. The first meeting had to be canceled and they just met for the first time about a week ago, she said.

Gregg Mikolaities, who has been elected Chairman, suggested a July due date, Selectman Jenness said. She also questioned the item relating to a preliminary layout for a Recreation building. She asked Recreation Director Lee Arthur whether that was what the architect had been hired to do. Ms. Arthur agreed, stating that size was a topic, but not preliminary design and layout. They are talking about other alternatives as well. She suggested that “preliminary layout” be removed. Selectman Jenness stated that Mr. Mikolaities was very specific that this may not end up with a building request at all. They are studying spaces that are needed, what is available, and trying to see how they match. Ms. Arthur stated that cost and size information are part of the scope, but a preliminary design is not.

Selectman Musselman moved that a change be made to a September due date, and that the charge refer to a facility and cost and size estimates. All were in favor.

Unsealing of Town Hall Committee minutes (43:21 elapsed)

Peter Crawford stated that, at the prior meeting, two letters of his had been taken under advisement. One, relating to the accuracy of the Special Town Newsletter, is probably moot at this point, although he would still like a response.

The second has to do with the unsealing of the minutes of the Town Hall Committee. They had indicated that they would at some point meet and do that. He asked how that was proceeding.

There was discussion about the Selectmen not having met since the election.

Mr. Crawford stated that, in the past, the Chairman had put the matter on the agenda and the Selectmen would then meet in non-public session. Selectman Jenness stated that she did not know whether she would be reelected, and she had just been sworn in that afternoon.

Mr. Crawford asked whether this could perhaps be done the following meeting. Selectman Mills appeared to agree, and suggested that the Selectmen could meet at the Hungry Horse and that Mr. Crawford could buy the coffee.

Adjournment (45:56 elapsed)

Whereupon the meeting adjourned at approximately 7:42 p.m.