NOTES OF MARCH 28, 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 6:48:06 p.m. (0:00 elapsed). The
audio is off until 6:49:05 (0:59 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, Building Inspector Peter Rowell, Fire Lieutenants Jake McGlashing and Charles Gallant.
Persons present from the public included: Victor Azzi, Steven Borne, Don Cook, Burt Dibble, Mike Garvan, Jaci Grote, Chris Keenan, Sally King, Pat Losik, Mel Low, Lilia Potter-Schwartz, Mike Schwartz.
Summary
1. The Selectmen approved the Conservation acquisition at 561 South Rd. (lot 5) for $350,000.
Announcements (1:29 elapsed)
There were no announcements.
Consent Agenda and request by Lilia Potter-Schwartz for
bake sale (1:37 elapsed)
The consent agenda consisted of a sign request by the Webster at Rye, announcing Rye Art in Bloom and an Event Application by Lilia Potter-Schwartz to hold a bake sale at the Recycling Center on 4/9 and/or 4/16. Selectman Mills requested that the latter request be pulled out. The first request was unanimously approved.
Selectman Mills stated that the father had cosigned the application and he assumed that the daughter was present as well. He stated that they had never had anyone her age make a request. There would need to be someone of age present. The application has her father’s name scribbled in the corner, he said.
Lilia Potter-Schwartz described the program, which is for the education of all children. The organization sponsors the schooling of children in Kenya.
Selectman Mills stated that there should be a policy that someone applying to use the facility must be over eighteen.
Mike Schwartz stated that he or someone else would be present.
The request was
approved with that caveat.
Police Chief Kevin
Walsh referred to an event starting in Portsmouth that is also being held by
Ms. Potter-Schwartz. There will be
bicycling on Wentworth Rd. in Rye. The
date is either May 22 or 29. Ms.
Potter-Schwartz explained that it is a triathlon, with the bike ride going
through Rye. All were in favor of
approving this application as well.
Public hearing on amendment to existing pole licenses (7:58 elapsed)
Town Administrator Mike
Magnant said that this issue came up because of a Superior Court appeal by
Fairpoint. It goes back to 2012 for
Rye. Fairpoint was challenging taxes
going back to 2010 or 2011 in a number of communities. All of the cases were consolidated and are
proceeding in the Merrimack Superior Court.
The judge has ruled that, if the pole licenses do not include language
indicating that the poles, wires, or anything in the right of way could be
taxed, then the tax is illegal. However,
he ruled that the existing pole licenses could be amended retroactively. The Town Attorney has opined that the pole
licenses should be amended and that there should be a public hearing with
notice to the utility companies.
Dennis McCarthy stated
that this has little to do with Public Works.
It is purely a taxation issue, he said.
Peter Crawford asked
whether this was going far enough. He
asked about PSNH and Comcast, who have wires on the poles. As he reads the RSA not
only the poles, but the wires of the other entities, can also be taxed. He asked whether the Town was going far
enough to collect all of those taxes.
Selectman Jenness read
the language to be included. She appeared
to state that the reference to “improvements” would include the wires.
Selectman Musselman
stated that this is dealing with the poles, which appears to be clear based on
the court decisions so far. The other
wires that go from pole to pole are a completely different “kettle of fish”
that is not yet settled in terms of how taxes are dealt with for those. This needs to be done by April 1, which is
Friday. They are moving to do what can
be done now.
Peter Crawford read
from RSA 231:161, which refers to “poles, structures,
conduits, cables or wires” in rights of way must obtain a license in order to
be installed.
The motion to approve
the amendment to all existing pole licenses carried unanimously.
Minutes and sealing of minutes (15:13 elapsed)
The minutes of the
March 14, 2016 meeting were unanimously approved without changes. The minutes of the non-public session of the
same day were also approved. The motion
to seal those minutes carried unanimously.
The minutes of a second non-public session of that day were also
approved. The minutes of the site walk
at 561 South Rd. on March 23, 2016 were unanimously approved without
changes. The minutes of the non-public session
of March 28, 2016 were unanimously voted to be sealed.
Conservation acquisition, 561 South Rd., lot
5 (17:33 elapsed)
Sally King,
Conservation Commission Chairman, stated that they are looking at the
protection of 27.5 acres on South Rd. It
is in the wellhead protection area. It
is a pristine, beautiful piece of land and they would like the Selectmen to
support the purchase.
Selectman Musselman
asked what the status of the title insurance and the certification of title was.
Chris Keenan,
representing the Rye Conservation Commission, stated that they have a proposed
title insurance policy that had been sent to Mike earlier that afternoon. Editor’s
note: It was unclear whether he was
talking about Town Administrator Michael Magnant or Town Attorney Michael
Donovan. The typical exceptions of
any title insurance policy are present.
The cost was $1200, which is less than it would take to get a title
certified. Tom Keane, who is doing the
title insurance, did the title for the bank when Don Cook purchased the land at
the beginning, so he’ll just do the update, Mr. Keenan said.
Selectman Musselman
stated that there was obviously an issue with the title and asked what it
was. Mr. Keenan stated that there was
nothing. Selectman Musselman asked
whether there was anything that was unclear.
Mr. Keenan stated that he had not done the title, however to his
knowledge, because a bank has already committed a substantial amount of money,
he does not feel that there is a problem with the title. Don Cook confirmed. Editor’s
note: Don Cook is the managing member of
the owner of the property.
Mr. Keenan stated that lawyers can certify a
title, but if they are no longer around there is nobody to go after if the
title goes sour twenty years down the road.
With an insurance policy there is an entity, he said.
Selectman Musselman
stated that this was the only issue that merited discussion.
Mr. Keenan stated that
the deed would be a warranty deed to the Town acting through the Conservation
Commission. There would also be a
conservation easement. The deed was
structured to allow someone else to monitor the land, or to obtain grants later
on.
Selectman Musselman
asked about the obligation of the homeowners association to care for the storm
water facility that would now be located on conservation land. Mr. Keenan stated that that is in the
deed. It was also in the Planning Board
requirement. Selectman Mills referred to
a homeowners association on Libbey Ln. that went defunct, and the Town ended up
with all of the expenses. Selectman
Musselman said that the agreement is not iron clad. Mr. Keenan stated that it is as good as it
can be, although nothing is iron clad, because it is in the deed. He suggested that the continued maintenance
of the road by the Town could be made contingent on the maintenance of the
retention pond.
Selectman Musselman
stated that he hopes that a retention pond off of the property does not become
a precedent, although he understands the need in this case.
Selectman Musselman
stated that it is a fine piece of land and it would be a nice addition to the
Conservation Commission holdings. He
moved to approve the acquisition.
Selectman Jenness seconded.
Selectman Mills stated
that, during the site walk, several people were egging him on to throw Mr.
Cummins’ sneakers in the pond. Luckily,
he ignored them, he said. Selectman
Musselman stated that that had been kind.
Editor’s note: This is an apparent reference to Joe
Cummins. As he was chuckling, it
appeared that Selectman Mills, under his breath, voted in favor, followed by
the other two Selectmen.
Editor’s note: At this point a significant number of people
left.
Beach Committee charge (26:08 elapsed)
Selectman Musselman
stated that the charge probably needs to be updated. Selectman Jenness stated that she appreciated
their report, and they had done a lot of work over the summer. Selectman Musselman stated that item four,
counting license places, should come out.
He suggested that the committee be reappointed and the charge
reconsidered at the next meeting. All
were in favor of tabling the charge to the next meeting.
Recycling Education Committee charge (27:29 elapsed)
Town Administrator
Magnant stated that the Chairperson is resigning. She had reached out to the other members to
see if they would want to continue. They
responded that they did, but there was supposed to be a letter to the
Selectmen, which has not been received.
Selectman Jenness stated that they had worked hard. Selectman Musselman stated that there had
been some indication that they wanted an expanded charge. All were in favor of tabling the charge to
the next meeting.
Building Inspector administrative assistant grade increase (29:11
elapsed)
It was revealed that this would increase the
grade of the employee from grade two to grade six.
Building Inspector Peter Rowell stated that
two memoranda had explained this issue fairly well.
Selectman Musselman
stated that this had been budgeted last November. This makes this employee level with three
others with similar skill sets in other departments. It is overdue. He moved to increase the increase to grade
six.
Selectman Mills
questioned whether the reference to the employee issuing permits was
correct. Mr. Rowell stated that she
takes the information and handles the paperwork, but he signs the permits.
Selectman Mills stated
that the language should be changed.
That was a major sticking point last time, he said. Selectman Musselman agreed.
All were in favor of
approving the increase in grade.
Public Works Director
Dennis McCarthy stated that this relates to Warrant Article 17. Editor’s
note: 2016 Article 17 passed
1192-296. He read the language from
the warrant article, which had been approved by the Town Meeting. They have worked up an implementation
schedule. Education is needed. Full implementation would be by January 1 of
2017 as this year has already begun. By
April, flyers would be handed out notifying all of the contractors. By May, the new requirements would be
announced on the Town website. By June
the notice would be posted in the Portsmouth Herald.
Beginning July 1, 2016,
permits would be provided for no cost to all contractors and landscapers. Beginning October 1, 2016 all contractors and
landscapers would be required to have a permit.
Effective January 1, 2016, full implementation of the program for
non-resident contractors and landscapers would begin, with the $150 annual
charge starting for non-resident contractors and landscapers, and all
contractors and landscapers being required to show permits to access the
Recycling Center. He passed out an
example of the permit. It will be a
hanger that will lay on the dashboard. They may or may not be numbered consecutively
but they will be tracked in some way.
Selectman Jenness asked
whether the permits could be moved from vehicle to vehicle. Mr. McCarthy said that, in theory they could
be, if it is the same contractor. The contractor, not the vehicles, are licensed.
Selectman Jenness asked
what would keep the permits from being Xeroxed. Mr. McCarthy agreed that they could, but they
would have records of the numbers. It
would be acceptable to Xerox the permit in order to carry the same permit in
each vehicle owned by a contractor.
Selectman Mills picked
up a copy of the permit and said that it could be hung on the mirror next to
people’s handicapped placards.
There was a question
about the 03878 zip code. Mr. McCarthy
stated that that was incorrect. “We
always put something wrong on there so that you people can catch it.” There was laughter.
There was discussion
about whether the placard included the updated Town Seal.
In response to a
question from Selectman Mills, Mr. McCarthy estimated that they would sell
about 100 permits. The revenue would go
into the General Fund.
There was discussion about
whether Public Works would write out the permits, or whether that would be done
at Town Hall. Mr. McCarthy stated that
they had implemented the electronic cash register at Public Works so they could
do it there.
Selectman Jenness
suggested that the month of expiration be removed so that the plate number
could be made larger and be written in permanent marker so that it would be
easier for the attendants to read.
Mr. McCarthy stated
that the program is not intended to make money, but rather to provide them
information as to who is using the facility.
Victor Azzi asked
whether there was anything in the ordinance about the origin of the materials
being dumped. Mr. McCarthy stated that
they have to be working for a resident of Rye, in Rye.
Street sweeping (41:54 elapsed)
Mr. McCarthy stated
that six bids had been received, the same ones that bid each year. They plan to start by calling the low
bidder. If the contractor can meet the
Town’s schedule then the contractor will get the business, otherwise the Town
will move up the list. The plan is to
have the sweeping done by Memorial Day.
In response to a
question from Selectman Jenness, Mr. McCarthy stated that the entire town could
be done in 40 hours. Sand is not used
anymore, he said.
There was a question
about the liability with respect to motorcycles.
Parsonage Committee charge (45:48 elapsed)
Selectman Jenness read
the proposed charge. It referred to a
long-range planning committee to study and make a recommendation to the Board of
Selectmen as to how to continue to provide quality affordable housing at the
Parsonage and to rehabilitate the buildings in the most economical manner. The recommendations may include continuing
the lease with THP or another entity, selling the property with a deed
restriction referring to affordable, senior, or work force housing, or other
recommendations meeting the above criteria.
Editor’s note: THP stands for The Housing Partnership. The Town leases the buildings to THP, which
in turn leases the apartments to the individual tenants. The lease is expiring within the next couple
of years. A report is due at a date
to be determined. There would be five or
fewer members.
Selectman Musselman
stated that he likes the charge, which is broad.
Mel Low stated that he
thought the charge was good.
Peter Crawford stated
that it was a good idea to set this up.
He wondered however, whether the issue of providing low income housing
should be separated from that of the building itself. He asked whether it would be acceptable if
there was a place for low income housing that might allow the building to be
sold for some other use. That might turn
out to be the best solution. There has
been discussion about using the Town Hall for senior housing, he said.
Selectman Musselman
paused, and said that the charge as indicated covers that. He moved that the charge be approved. All were in favor.
Parson’s Creek Committee charge (49:45 elapsed)
Selectman Musselman
read portions of the charge which was to identify a limited number of “hot
spot” areas on which to focus, work with the Town staff to develop a plan, and
to better understand the source of bacterial contamination from individual
septic systems. An implementation plan
leading to enforcement actions would be developed, working with Town
staff. The help and input of the Town’s
partners and consultants would be sought.
A report back to the Selectmen would be due no later than December 1,
2016.
Selectman Musselman
stated that this turns around the normal process. Typically, a committee provides oversight
while staff does the detailed work.
Thirty thousand dollars is set aside to hire consultants and gather
additional data. The committee is
charged with focusing on identified water quality problem areas. Planning Administrator Kim Reed, Town
Administrator Mike Magnant and Building Inspector Peter Rowell are “integrally”
involved in the process. It’s a little
overwhelming to look at the entire watershed and 200 septic systems. The data that exists needs to be looked at
and problem areas focused on. It is an
odd charge, but an odd set of circumstances, but the charge is appropriate, he
said.
Selectman Jenness
objected to the use of the word “monitor.”
It was agreed that “review” would be used.
Victor Azzi asked
whether the charge for this committee and the Parsonage Committee are on the
Town website. Selectman Jenness stated
that they would be once they had been accepted.
Mr. Azzi asked whether
these two committees would be Selectmen’s committees and whether there would be
one or two selectmen on the committees.
Selectman Musselman stated that there would likely be one selectman on
each. Selectman Mills agreed that one is
enough.
Burt Dibble asked
whether any decisions had been made as to how the committees would be
constituted. Selectman Mills stated that
they would first accept the charge. No
appointments are being made tonight, however there is a glaring one that he
wants to make. There is an individual,
who is present tonight, whom he would like to appoint. The individual hold court down at the beach,
with signs pointing out “hot spots” at Wallis Sands. He gives an explanation to each individual
coming to the beach. Selectman Mills
asked Steven Borne whether that was correct.
Mr. Borne responded that he wished that he had the time.
Burt Dibble asked
whether there would be an opportunity for public input on who might or might
not be placed on the committees.
Selectman Musselman
stated that both charges should go up on the website and there should be an
indication that volunteers are being accepted.
They have yet to have “hordes” of people volunteering to be on
committees. Other than Mel Low, who has
volunteered to be on the Parsonage Committee based on his prior experience,
they have no preconceived notions as to who should be on the committees.
Burt Dibble asked
whether a deadline would be published for applications. Perhaps there should be a process which
spreads representation among various interested groups, he said.
Selectman Mills asked
whether he would like an open selection process not like the Heritage
Commission which consists of all of their cronies. Editor’s
note: The Board of Selectmen appoints
the members of the Heritage Commission.
Peter Crawford stated
that he agreed with Burt Dibble, and that it is important to have a date, and that it could be publicized in the Civic
News. That is important if they want the
broadest possible representation.
The motion to accept
the Parson’s Creek Committee charge as modified carried unanimously.
Selectman Musselman
explained the mix of people that should be on the Parson’s Creek Committee and
the Parsonage Committee.
Victor Azzi volunteered
to be on the Parsonage Committee. He had
been involved 17 or 18 years ago when the tract was initially acquired, and had
worked with Mel Low and the committee at the time, he explained. Selectman Mills stated that he had been on
the committee as well. He suggested that
he be on this committee as well, in order to oppose Mr. Azzi.
Unsealing of minutes of the Town Hall Committee (65:22 elapsed)
Selectman Musselman
stated that three of the minutes had been opened and examined that
evening. He moved that the minutes of
the June 24, 2015 and July 7, 2015 meetings of the Town Hall Committee be
unsealed and that the minutes of the October 13, 2015 meeting be resealed.
Peter Crawford asked
about the October 2, 2015 meeting. Mr.
Magnant confirmed that Mr. Crawford’s letter had mentioned October 2. No record of an October 2 meeting was
found. He believes that there was a typo
in other minutes. The reference there to
October 2 was probably meant to refer to October 13, he said.
Resignation of Amanda Gauthier from the Police Department (67:27
elapsed)
The motion to accept
her resignation was made and seconded.
Police Chief Kevin Walsh stated that she would like to remain as a
part-time officer after her April 2 resignation date and he is favor of
that. The motion was corrected to
provide for this and carried unanimously.
Aquarion Water Protection Surveys (69:08 elapsed)
Selectman Musselman
stated that they are going to be sending around some surveys. He suggested that the letter be placed on
file. It could probably have gone on the
consent agenda, he said.
Resignation of Diedre Smyrnos from the Recycling Education Committee
(69:37 elapsed)
This resignation was
accepted unanimously.
Reappointment of Beach Committee (70:13 elapsed)
There was discussion
about whether all four of the existing members had sought reappointment. This was confirmed. Larry Rocha, Lori Carbajal, Keper Connell and
Steve Hillman were then unanimously reappointed.
Reappointment of Tom King to the Historic District Commission (71:16
elapsed)
Mr. King was
unanimously reappointed as an alternate.
Reappointment of Peter White and Alex Herlihy to Heritage Commission
(71:30 elapsed)
Selectman Musselman
moved to reappointment Peter White.
Selectman Jenness seconded. The
vote to reappoint Mr. White carried 2-1.
Selectman Mills voted against. He
alleged that the video of the November 15 (sic) Heritage Commission showed a
“tirade” by Mr. White. The meeting was
anything but civil, he asserted. Editor’s note: The video of the meeting of November 19, 2015
indicated that members were asserting that the Board of Selectmen do not own the Town Hall, which is in fact correct, as the
Town owns the Town Hall. See the notes
of the December 2, 2015 Town Hall Committee meeting and the video of that
meeting at 59:09 elapsed, as well as the video of the November 19, 2015 meeting
of the Heritage Commission at 6:37:19 p.m.
At the Town Hall Committee meeting, Selectman Mills asserted that
members of the Town Hall Committee are “lower than whale, you know what, in the
water…” and that the Selectmen would need to turn in their keys to the Town
Hall because they no longer own it.
Selectman Musselman’s motion to reappoint
Alex Herlihy as an alternate also carried 2-1, with Selectman Mills voting
against. He explained that the reason
was the same: that Mr. Herlihy had been
a “chimer in” at the meeting on the 15th (sic).
Recreation Commission reappointments (72:58 elapsed)
Cory Belden, Judy Scott
and Maggie Duffy-Durkin were all unanimously reappointed.
Reappointment of Tim Sanborn to the Mosquito Control Commission (73:46
elapsed)
Mr. Sanborn was
unanimously reappointed.
Reappointment of Sally King and Suzanne McFarland to the Conservation
Commission
These individuals were
unanimously reappointed.
Steven Borne comments about School issues (74:18 elapsed)
Mr. Borne said that he
wanted to make sure that the Board of Selectmen are
staying on top of what is happening at Rye Junior High School. He referred to the restructuring of the
program, the declining enrollment, and the departure of Chris Pollett, the principal
of the Junior High. In ten years there
may not be a Junior High School. There
are issues that relate to Planning and Zoning.
Selectman Jenness
mentioned that there are advantages to having K-8 education in a single school.
New State law on accessory apartments (76:51 elapsed)
Selectman Musselman
stated that he was hearing that a new State law was nearing passage on
apartments as part of an attached house.
Mr. Magnant stated that it had already been signed by the governor. Selectman Musselman stated that he had heard
that renovations to add apartments cannot be precluded. Mr. Magnant confirmed that that is his
understanding as well.
Building Inspector
Peter Rowell stated that he, Planning Administrator Kim Reed and Mr. Magnant
had exchanged e-mails. He asserted that
the Town Ordinance on this issue is a close match to the legislation, so there
would be limited impact. Mr. Magnant
referred to last minute changes in the bill.
Victor Azzi stated that
he believed that the bill had been signed by the governor. He referred to a March 25 article in the
Concord Monitor. There is a provision
that, if there is a second unit, the owner would need to reside in the property.
Fire Department Consolidation (81:32 elapsed)
Town Administrator Michael
Magnant stated that the matter had been on the back burner due to the budget
and the Deliberative Session. The issue
has been revisited with the Portsmouth Fire Chief. The Selectmen have a
intermunicipal agreement in front of them if they are willing to move forward
and contract with the City of Portsmouth for command services. It was vetted today by the Town
Attorney. Some minor changes have been
recommended by him. It would still need
to be approved by the Portsmouth Fire Commission, the Portsmouth City Manager,
the Portsmouth City Council and the Attorney General. It would probably need to be filed with the
New Hampshire Fire Marshall. It should
also be run by the Town’s liability carrier.
Both Portsmouth and Rye use Primex, he said.
The activities for the
first year would be an attachment to the agreement. Part of the agreement is that Rye would need
to provide clerical services. This would
require the hiring of a part-time clerk/secretary in the Fire Department, he
said.
Selectman Jenness asked
what the Portsmouth Fire Chief would be called.
Mr. Magnant responded that he would be the Rye Fire Chief as well as the
Portsmouth Fire Chief. She asked whether
the Fire Chief would evaluate roads being considered by the Planning Board as
the current Rye Fire Chief does. Mr.
Magnant stated that Chief Achilles or one of his deputies would perform the
services currently provided by Rye’s Fire Chief.
Mr. Magnant stated that
he is looking for direction from the Board.
Portsmouth is now sitting and waiting, he said.
Selectman Mills asked
whether Chief Achilles would come back to do more explaining. Selectman Jenness asked whether a public
hearing would be required. Selectman
Musselman responded no. Mr. Magnant
stated that Chief Achilles could be asked to come back, but that was not part
of the deal.
Selectman Musselman
stated that he had one concern, which is that coordinated event response was
not addressed at all. He thought that
the arrangement would change from mutual aid to something else. He suggested that that language relating to
that be added. One would expect
immediate response between the towns at the choosing of the Chief. That would be one of the benefits. This agreement only addresses the sharing of
a Fire Chief, he said.
Mr. Magnant stated that
Chief Achilles had addressed that issue in the meetings. It would not be in the table in the first year, however, he does not believe that there would be an
objection to adding the reference to coordinated event response.
Selectman Musselman
stated that he was looking for an explanation of the benefit to Rye
residents. We are not looking at doing
this to save money, although there is some savings. Editor’s
note: According to the Town’s 2015
Annual Report, Interim Fire Chief Tom Lambert was paid $60,439.19 in wages in
2015. The draft agreement provides for a
$31,000 annual payment by Rye to Portsmouth, plus other incidental expenses
such as subscriptions and dues.
Depending on the cost of the clerical employee to be added, there may or
may not be a net savings to Rye taxpayers. This is being done to improve
service long term, Selectman Musselman said.
If not, it shouldn’t be done, he asserted.
Mr. Magnant stated that
the report, which goes into some detail, is on the website. It goes into future possibilities. Mr. Magnant said “I don’t think I can sit
here and guarantee, right now, that this is going to work and that we’re going
to save $700,000 on a…” Selectman
Musselman interrupted, and said “we don’t know that.” He reiterated that it is not being done to
save money, although that may be one of the benefits down the road. However, a goal should be the development of
coordinated event response plans. That
is one of the primary benefits in my mind of doing this, he said. The first response should be from Rye as it
is closest.
Mr. Magnant stated that
he is looking for permission to run this up the flagpole.
Selectman Musselman
stated that he does not understand Portsmouth’s political structure. He is not sure who is on first, so this
should be signed by both the City Manager and a representative of the Fire
Commission.
Jake McGlashing, 296
Grove Rd., stated that he thought that, when the discussion started, it was
about equipment and not command staff.
Now it seems that it is about command staff and not equipment. Editor’s
note: Lieutenant McGlashing is a
Lieutenant in the Rye Fire Department. Selectman
Mills disagreed. Lieutenant McGlashing
asked whether there was an issue with the command of the Fire Department at the
current time which needs to be fixed.
Selectman Mills referred to it as strengthening and reinforcement.
Selectman Mills stated
that, when the Fire Department goes out now, it is with two men and a
truck. You know Portsmouth is coming to
help you, he said.
Mr. Magnant stated that
the discussion began after former Fire Chief Sullivan resigned and a number of
residents approached Selectman Mills about an agreement with Portsmouth.
Selectman Musselman
confirmed that the discussion had been about equipment, but in discussions
between the communities it became clear that the first step is consolidating
command, which will lead to discussions of other things of benefit to other
communities. It would be much more
difficult to start the discussions with equipment. This agreement would also set up a joint
board, with two members from each community.
It was established that
Interim Fire Chief Lambert had been with the Fire Department for about a year
and a half. He is retired and is not going
to be with the Town twenty years from now, Selectman Musselman said. A full-time Fire Chief or a
combined command with Portsmouth are options, he said.
Lieutenant McGlashing
noted that there had been a full-time chief at 40 hours. Then they went to a part-time chief at 32
hours. Now they are looking at a
part-time chief at 8 hours. He asked
that would benefit the citizens of Rye who come down to ask questions.
Selectman Mills asked
about deputies. Mr. Magnant stated that
there would be a reduction in office hours.
Lieutenant McGlashing
stated that the report says six to eight hours.
It does not seem plausible that the department could be run in that
period of time, he said.
Selectman Jenness
looked at Selectman Musselman and said “especially in the summer with the
beach.”
Lieutenant McGlashing
referred to Portsmouth staff being devoted to Portsmouth during a large
emergency or disaster. If a hurricane
comes up the beaches would need to be shut down, but the Portsmouth staff would
be devoted to Portsmouth, he said.
Selectman Mills
referred to the beach having been shut down before. Lieutenant McGlashing said that former Fire
Chief Sullivan had had to stand there for hours when that happened. Selectman Mills referred to Sheriffs deputies
closing the beach, prior to Lieutentant McGlashing’s time.
Selectman Musselman
stated that his thought was that there would be someone in Rye responsible
during the Chief’s absence.
Selectman Mills stated
that there would be kinks that would need to be worked out.
(96:52 elapsed)
Rob Atwater, 805 Ocean
Blvd., disagreed, saying that Portsmouth has three chiefs now. There is not even a shift commander on duty
at all times in Portsmouth. Command
presence is important for preventing firefighter fatalities. If Portsmouth does not provide shift
commanders at night in Portsmouth they are not going to provide it in Rye. Somebody would need to come from home, he
said.
Mr. Atwater asked about
the timeline, and whether there would be public input or a vote.
Selectman Mills stated
that the memorandum has no effective date.
Mr. Magnant added that it would be effective when signed.
Charles Gallant,
Lieutenant with the Rye Fire Department, stated that, after discussion with all
of the members, the Rye firefighters are not in favor of doing this. Editor’s
note: Lieutenant Gallant is head of the
Professional Fighters Association of Rye (the union). We are short on manpower now in order to
place someone from the Rye Fire Department in charge in the absence of a chief,
he said. With regard to a chief for
eight hours a week, there are things that are not being done with Interim Chief
Lambert, who is there for 32 hours a week.
The firefighters are in favor of having a 40 hour a week fire chief in
house. Based on the money turned back
last year, the money is in the budget for the fire chief. The department has fallen behind with a
part-time chief. Some of the ideas are
older ideas, he said. A full-time chief
in house would allow the department to progress, he said.
(99:34 elapsed)
Mel Low, Washington Rd., said that this was
the first time that he had heard of this.
He asked whether this would need to be approved by the voters. Selectman Mills responded that it would not
need to be. He added that this had been
discussed for a long time. Mr. Low
stated that he had gone through regional banking. The further away the decision making is the
more difficult it is to work. The
firemen would not have the same spirit of working if the command were transferred
to Portsmouth. We’d have to wait until
someone else came in who did not know anything about what was going on in the
area, he said.
Selectman Mills
asserted that “firemen know fire.”
Mr. Low stated that
there is sharing of equipment now. If
there is a big fire in Rye, he knows that Portsmouth is coming. If there is a fire in Portsmouth, Rye would
be coming. He can see savings in
equipment, but putting the command somewhere else he does not know about.
Selectman Musselman
stated that, last week, it was announced that the Belmont Fire Chief would also
be the Fire Chief in Laconia. Someone
said that it is the other way around.
Belmont is larger than Rye and Laconia is a little smaller than
Portsmouth, Selectman Musselman said. He
acknowledged that they are closer in size, however. Belmont is half of the size of Laconia, while
Rye is a quarter of the size of Portsmouth, he admitted.
Mr. Low stated that he
would rather be tied into the Rye tax rate than the Portsmouth tax rate. Selectman Musselman said that it wouldn’t
have anything to do with the Portsmouth tax rate. Mr. Low acknowledged that, but said that
every time he hears about their zoning and Pierce Island, he is thankful for
living in Rye.
Mr. Atwater stated that
Belmont would still have an assistant Fire Chief who would manage day-to-day
operations. He asked about the threshold
for Portsmouth command staff involvement in Rye. He asked about the types of incidents, and
whether alarm activations or major motor vehicle accidents would cross the
threshold. Right now the Chief comes on
alarm activations, he said. Selectman
Musselman stated that he does not know that it is outlined in more detail than
the statutory responsibility of a fire chief.
Mr. Atwater stated that
that would be a loss for Rye. He asked
whether the Portsmouth Chief could change the “running order” in Rye because he
is now in command. For example, the Rye
ambulance could be used for calls in Portsmouth because the Portsmouth staff
needs training that day. Selectman Mills
stated that that has not been addressed.
Mr. Atwater said that that needs to be in the agreement. Mr. Magnant stated that Rye would remain Rye
and Portsmouth would remain Portsmouth.
Mr. Atwater stated that if the Portsmouth Chief has command, he has
command. He becomes the AHJ and you lose
your guys. They’ll be in Portsmouth, he
said. Editor’s note: “AHJ” apparently
means Authority Having Jurisdiction.
Selectman Musselman said that he had heard
the opposite, that Portsmouth personnel would be in
Rye more often than the reverse would be the case.
(104:39 elapsed)
Interim Fire Chief
Lambert stated the concern expressed by Lieutenant Gallant about the lack of
inclusion by the people most affected is probably valid. It is their future and their day-to-day
operation and they are pretty much in the dark on what is being planned. That makes it difficult to create buy
in. The path is being laid, but there is
no map that takes them there. The
awareness should be raised so that there is more inclusion, he said.
Selectman Mills stated
that they had been at a meeting and sat at the table. Selectman Musselman said that that was the
last time that the Selectmen had met regarding this issue.
Chief Lambert said that there had then been
nothing else, and the next thing that they heard was that there was an
agreement.
Someone asked for a
copy of the agreement. Selectman Mills
said that they could have a copy as long as it wasn’t given to Peter
Crawford.
Chief Lambert said
that, initially when they sat at the table, it was purely administrative with
regard to the effect of the changes on the organization. Now, there are rapidly becoming operational
concerns. That was not originally on the
table, but now it is in the agreement.
Selectman Musselman
stated that he would like to meet with Chief Achilles again. There have been questions raised about
command when a representative from Portsmouth is not present. It was also revealed that Belmont has an
Assistant Chief. He thought that one of
the first things that the Chief would do is select someone in Rye to whom
certain activities would be delegated.
Selectman Jenness asked
whether that would be someone new.
Selectman Musselman stated that he did not know, but thought that one of
Rye’s firefighters would take on additional responsibilities. He asked whether Mr. Magnant had discussed
that. Mr. Magnant stated that he does
not know fire operations. Selectman
Musselman stated that he does not either.
Mr. Magnant stated that the hours have always been a concern. That could be discussed, he said. It sounds like he is asking for a Deputy
Chief. There may be a way to do that and
keep it within the budget. He is not
sure that Portsmouth would be interested in that arrangement, however, he said.
(109:26 elapsed)
Lieutenant Gallant
stated that, in Belmont, the Deputy Chief was already a deputy. He already worked Monday through Friday. In Rye, the firefighters work 24 hour shifts. Without hiring another person, there would
not be anyone present during the day.
Selectman Mills asked
about the staffing. Chief Lambert said
that they are at the full authorized staff of nine. There are four lieutenants and five
firefighters, he said.
Burt Dibble asked
whether the proposed agreement would be a public document. There has been terrific input by a lot of
interested people that have knowledge and history with the matter. Others in the community that are interested
and available to make valuable comments might be able to do so if the document
were attached to the minutes.
Selectman Musselman
stated that, by its nature tonight, it is a public document.
Peter Crawford stated
that it is important to involve the public.
A special town meeting might be required. Under Gordon v. Rye, there is limited
authority of the Selectmen to make decisions of a major nature.
Editor’s note: In Gordon v.
Town of Rye, 162 N.H. 144 (2011), the same persons as are currently serving
on the Rye Board of Selectmen, represented by the same Town Counsel as is currently
serving, Michael Donovan, were held by the New Hampshire Supreme Court to have
usurped their authority in determining whether a portion of Harbor Rd. was
public or private. The Supreme Court
held that “a board of selectmen has the responsibility to ‘manage the
prudential affairs of the town and perform the duties by law prescribed... Selectmen ‘can only exercise such powers and
perform such duties as are properly incident to the special and limited
authority conferred on them by their office.”
Id. at 150. The selectmen “are empowered to do only such
acts as are required to meet the exigencies of ordinary town
business.” Moulton v. Beals, 98
N.H. 461, 463 (1954)
At a minimum, Mr.
Crawford said, a public hearing should be held, even if counsel is saying that
one is not needed. This needs to be
studied a lot further. I applaud the
effort to save costs on fire equipment, but it does not sound like that is what
this is doing. Perhaps it would be
saving the salary of a fire chief. That
may be penny wise and pound foolish. All
of these inputs need to be taken into account.
I share a lot of the concerns of Mel Low that this may not be an
appropriate step. The sharing of the
equipment and mutual aid are the sorts of things that need to be made to happen
so that $500,000 does not have to be invested in a another fire truck. The rest concerns him, he said.
Mel Low said that, for
a year and a half, he had read about the inheritance case involving the
Portsmouth Police Department. He knew
that that was illegal. Bigness is not
always better. Having good department
heads right here provides a handle on the town.
He said that he would think that a town vote would be needed prior to
putting the decision making elsewhere.
He also referred to the opportunity for a local employee having the
opportunity to advance to a position of authority.
Selectman Jenness said
that she did not think that the Town should return to a volunteer fire
department. Mr. Low agreed, saying that,
when he moved here, there were three firemen.
He enumerated them and then said there were four to cover the
weekends.
Mr. Low said that he
would rather see an equipment deal.
Selectman Jenness
stated that they were continuing with the exploration tonight.
Lieutenant Gallant asked
whether he could be invited to a meeting with a smaller group and Chief
Achilles. Selectman Mills asked that the
Selectmen be allowed to think about that.
Selectman Mills
suggested that a meeting be set up with Chief Achilles.
Lieutenant McGlashing
referred to the statement in the report that there would be a “stronger
incident command.” He is not sure how
Portsmouth would bring that, he said.
Chief Lambert takes the same classes that Chief Achilles takes, he takes
and Chuck takes, and that any command officer in the State of New Hampshire
takes. Also, he does not see the saving
of money, he said.
Selectman Mills
asserted “that there was never, never, never a discussion about saving money.”
Lieutenant McGlashing
said that, if we have come to the conclusion that it is not going to save
money, and their chiefs are no better or smarter than our chiefs, I don’t see
why it is even being looked into, he said.
Selectman Mills
responded that it was to improve the safety.
If there is a serious fire there would automatically be a truck headed
to Rye, he said.
Lieutenant McGlashing
said that that occurs now. Selectman
Mills stated that mutual aid must be requested.
Lieutenant McGlashing said that the call would still come into Rockingham
Dispatch, which would then need to call Portsmouth, so it would be the exact
same process.
Selectman Mills said
that it would be a communication from the firefighter and the engine to Brentwood, and from there to Portsmouth as Portsmouth is on
a separate channel. Lieutenant
McGlashing said that it would occur in half a second.
(118:54 elapsed)
Selectman Mills stated
that it is written in the orders that dispatching of mutual aid is
automatic. He knows that Portsmouth
monitors the Rye calls. They came
automatically two weeks ago, he said. I
was very, very impressed, he said.
Lieutenant Gallant said
that there is a law against them coming without being called.
Selectman Musselman
acknowledged that the discussion indeed had started with equipment. However, Portsmouth’s view is that there are
a number of ways that Rye could benefit from consolidation. Nevertheless, in their view, it needs to be
under common administration. It is not that
it is not about that. The first step is
common administration. If Rye had been
able to negotiate on the ladder truck from the beginning it might have been a
different discussion. We can’t get the
big savings without consolidation, he argued.
Rob Atwater asked the
Selectmen whether, when they buy cars, they take exactly what the car dealer
says, or whether what the customer wants enters into the discussion. Selectman Mills pointed to Mr. Magnant and
said that he had been talking with Chief Achilles. Mr. Atwater said that it sounds like Chief
Achilles is driving the boat.
Selectman Musselman
said that the Town could always look at what could be done with Greenland. But, there is an ability to deal with
Portsmouth and that is where the potential benefit is to Rye, he argued.
Peter Crawford said
that Greenland, North Hampton and New Castle should be looked at. Organizationally it seems to make more sense
with a town of similar size. I sense
that the problem with Portsmouth is that they want to control everything, he
said. Selectman
Mills stated that Portsmouth had not initiated the conversation. Mr. Crawford acknowledged that. Selectman Mills stated that Greenland is a
volunteer fire department. For there to
be an agreement, firefighters would need to be hired in Greenland, which would
raise the taxes there, he maintained.
Mr. Crawford said that there are many possibilities. It is not just Portsmouth, he said.
Selectman Musselman
stated that he does not see a possible agreement with Greenland, North Hampton
or New Castle in terms of consolidation of fire services.
Water main replacement on Parsons Rd. (123:48 elapsed)
Police Chief Kevin
Walsh referred to a traffic plan associated with this. He is concerned about the flaggers on the job
site. Wright Pierce has sent him and
Dennis McCarthy the plan. He described
the process.
Past experiences have
not been positive, Chief Walsh said. In
the past, when he has gone down there, nobody has been in charge. He has had to adjust the flags, which is not
his job. This is a project near the
beach, during prime beach time. There
has been a lack of communications between the construction crew and the
flaggers. The flaggers were clueless as
to how to adjust things, he said.
The project is supposed
to start at the end of May, before Memorial Day, and end by the end of July,
but would probably go into August, he said.
Public Works Director
Dennis McCarthy stated that the Water District assumes that he or Chief Walsh
will take care of the issues. There has
been no buy in from the Rye Water District.
They have simply said that you are in charge of traffic. Chief Walsh needs as much in the contract as
possible to use as leverage. One of the
problems is that the flaggers are not certified to operate at night so they
would walk off the job, and contact the Police Chief to have him send a detail.
Chief Walsh added that,
last time, two nights in a row he had to go out to the job site in order to
free up officers to handle calls from Rye residents.
There was a significant
amount of additional discussion.
Mr. McCarthy stated
that the State is still not happy with the prior job as the contractor dug
right through the drain lines and never fixed them. The State had to go back in and reconnect
them. It was a horrendous job, he said.
Standard meeting procedures (also drones)
(136:53 elapsed)
Selectman Musselman said that nothing had
changed from the last meeting. The
procedure would allow people to speak for up to five minutes each, with a
second round of three minutes. He does
not know that there would be alarm bells that would go off, but there is a
guideline that could be enforced. It
doesn’t happen often that people ramble on.
There would be a third round at one minute.
Also, probably right
after the Consent Agenda, anyone in town would be given an opportunity to
comment on items coming up in the agenda or other items. The objective is to get the meetings a little
better under control so that there is less back and forth. What is proposed is in place in other New
Hampshire communities.
Victor Azzi asked
whether people would be given an opportunity to contribute as various agenda
items are discussed, as well as after the Consent Agenda. Selectman Musselman responded “no.” Mr. Azzi stated that they would then not
benefit from the ongoing discussion as it occurs. Selectman Musselman stated that there might
be an opportunity to contribute at the end, but there would not be a public
hearing on every item that is discussed.
However, for any agenda item, those who are directly affected would be
involved in the discussion. People with
experience in the issue could also contribute.
That would be at the discretion of the Chair, he said.
Mr. Azzi stated that
there is a lot of gray. He referred to
the future of the Fire Department. He
cannot think of any of the 5300 residents who would not be directly
affected. Selectman Jenness appeared to
agree. Perhaps it means that more public
hearing are needed, she said. Selectman Musselman said that public hearings
can be held even though not legally required.
Mr. Magnant stated that
the rules could always be suspended.
Burt Dibble asked what
the pathway to approve the policy would be.
Selectman Musselman said that it is intended to be voted on by each
Board, Commission and Committee. Each
can modify as it pleases, he said. It
would not be a Town Meeting vote, he said.
Mr. Dibble stated that
there is a lot of chemistry that occurs when an issue is discussed. All of the smart people about an issue are
not necessarily those with a direct interest.
Others might make comments that would enrich the conversation. Confining the discussion to the beginning and
the end would deprive the Board of significant input.
Victor Azzi asked about
State and Town law and ordinances relating to drones.
Police Chief Walsh said
that there had been a couple of issues with drones the prior summer. The rules are not very concrete, he
said.
Mr. Azzi spoke about a
drone flying along the beach at Wallis Sands the prior morning, over private
property and coming close to houses and their windows.
Selectman Musselman
said that the law with respect to drones is murky.
Peter Crawford referred
to having read about a proposed, or already implemented, FAA regulation
applying to drones between .5 and 55 pounds.
Anything within five miles of an airport requires notification by the
person flying the drone. That would seem
to cover much of Rye, based on its proximity to Pease, he said. Selectman Jenness added that Hampton might
also be within the five miles and also referred to Petey’s heliport. Editor’s
note: See the minutes of the ZBA meeting
of December 3, 2014, where the appeal of a cease and desist letter by the
Building Inspector relating to helicopter traffic at Petey’s was denied.
Mr. Crawford stated that, with regard to the
meeting procedure, he agrees with Mr. Dibble.
If meetings are being conducted as this one is, there would not be a
problem. He hopes that the hammer is not
put down and no input allowed. With
regard to the four bullets at the bottom of the page, a change was agreed at
the last meeting. One refers to “up to”
and others refer to “no more than.” They
should all read “no more than.” It needs
to be clear that the committee chairman is not the one deciding how much time
is allowed. Selectman Musselman agreed
that that was not intended.
Selectman Musselman
moved that the policy be adopted with that change.
Crown Colony enforcement action (153:00 elapsed)
Selectman Musselman
moved that Town Counsel’s action relating to an enforcement action against the
owners of Crown Colony, for violations of the Zoning Ordinance and the Building
Code, be ratified. Selectman Jenness
seconded. Selectman Musselman stated
that this is not necessary. Town Counsel
has already taken action. A question was
raised as to whether that needed to be accompanied by a Board of Selectmen
vote. Town Counsel is of the opinion
that it does not need to be, but they are doing so anyway.
The vote was 2-0. Selectman Mills stated that he was going to
abstain.
Editor’s note: This is the
second time that Selectman Mills has failed to vote in favor of an enforcement
action against Three Rivers Farm Irrev. Sec. Tr. The Crown Colony is located at 1381 Ocean
Blvd. according to publicly available sources.
According to the Town’s GIS system, this property is owned by Three
Rivers Farm Irrev. Sec. Tr., Mark Kearns, Trustee. In the notes of the April 28, 2014, Selectman
Mills voted against taking enforcement action against a property at 32 Cable
Rd., also owned by Three Rivers. At that
meeting, Daniel Philbrick stated that he was the owner. It appears that Three Rivers may be an
investment vehicle controlled by Mr. Philbrick.
Sole source for CPR medical device, $15,410.48 (153:57 elapsed)
Mr. Magnant stated that
the Fire Chief is looking to purchase the device sole source. Interim Fire Chief Tom Lambert stated that
the information was presented to the Budget Committee. The motion to approve the purchase carried
unanimously.
Public recognition, community drug forum (155:49 elapsed)
Town Administrator
Magnant commended the two chiefs for the forum.
Chief Walsh thanked the Library for live streaming the event and having
it archived so anyone can tap into the information. It is a community problem and we are all
going to get through it together, he said.
It was revealed that
about 25 had attended the meeting.
Adjournment
Whereupon
the meeting adjourned at approximately 9:25 p.m.