NOTES OF MAY 9, 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 6:31:40 p.m. (0:00 elapsed).
Present (clockwise around table): Town Administrator Michael Magnant, Selectmen Musselman, Jenness and Mills. Absent: 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, Recreation Director Lee Arthur.
Persons present from the public included: Tom Aspinwall (Mosquito Control Commission), Victor Azzi, Peter Crawford, Joe Cummins, Burt Dibble, Art Ditto (Rye Water District Commissioner), David Borden (State Representative), Denis Lipman (Mosquito Control Commission), Tom Sherman (State Representative), Nancy Stiles (State Senator).
Summary
1. Portsmouth has withdrawn its offer to consolidate services with Rye.
4. Norman Yeaton is retiring as Town Janitor.
6. Andrea Morrissey resigned as Assistant Town Clerk/Tax Collector, citing her inability to meet the education and training requirements to move up to Deputy Town Clerk/Tax Collector, and her unwillingness to serve as Assistant because the position will no longer provide health and other benefits. These changes reduce the Town Clerk’s office staff from three to one. Letter is not included in the public record. Click here for text transcribed from video.
Announcements and Public Comment (1:10 elapsed)
There were no announcements.
Peter Crawford spoke about the letter from Portsmouth that appears on the agenda withdrawing their offer to consolidate services as well as the offer appearing in the Portsmouth Herald expressing North Hampton’s willingness to enter the discussions. He stated that he hoped that Rye would proceed with talks with North Hampton and possibly some other towns due to the possibility of major savings from equipment. He spoke about an imbalance between the equipment and the staffing to man it, as only one of the three fire trucks could be manned by the two firefighters typically on duty. He provided some examples of ways that equipment and services might be shared.
Consent Agenda (4:50 elapsed)
The sign request for Parsons Field publicizing the Memorial Day ceremony was unanimously approved.
The Deputy Town Clerk/Tax Collector job description was approved after discussion regarding whether the requirement that the Deputy be a resident was a requirement of Town policy or State law.
Minutes (6:59 elapsed)
The minutes of the April 25, 2016 meeting were approved with changes. The minutes of the non-public session of the same day were approved without changes.
Legislative update on Groundwater
Pollution (9:58 elapsed)
State Representative David Borden stated that there had been 3-4 cases of an extremely rare cancer, but no known link between that cancer and pollution issues. PFOA is one of the chemical compounds of emerging concern. PFOA was used as a fire suppressant at Pease. Until last Fall, Portsmouth drew water from the Haven Well there. That led to discussion about the Coakley Landfill superfund site, which is at the top of the Berry’s Brook watershed, he said. There was discussion about whether contamination would follow that or not.
State Representative Tom Sherman provided information about 1,4 Dioxane which he said is a known carcinogen. That is in the wells but not the surface water, he said.
That led to discussion about EPA testing of wells and whether they would pay for the testing of private wells. Tom Sherman stated that the EPA has done testing except for PFOA, and they have agreed to do testing for that now. Another issue is arsenic, which can cause bladder cancer, he said.
Selectman Musselman said that he and his firm are monitoring 20 wells, not including Coakley. He dismissed the risk from the Coakley Landfill for Rye, although he acknowledged that it is an issue for houses near there that are in Greenland.
Rye Water District Commissioner Art Ditto stated that the PFOA level at the Garland Well is 6 parts per trillion, a background level. It is non-detectable at the Bailey Well and 2 parts per trillion at the Cedar Run Well. Detection limits are 2-4 parts per trillion, he said. Editor’s note: Click here to see the April report.
There was discussion about private individuals obtaining tests. David Borden states that the cost to test for all of the contaminants is $840.
Selectman Musselman stated that the level of 1,4 Dioxane in shampoo is an order of magnitude greater than that in the water.
David Borden spoke about the standard in Vermont being 20 parts per trillion in Vermont, but 200 parts per trillion in New Hampshire. Mr. Sherman asserted that 200 is too high based on an experience involving DuPont.
There was discussion about holes in the cancer monitoring process when residents move out of state or receive treatment outside of the area.
Selectman Musselman suggested Radon gas as a possible cause.
Salvation Army collection box on Town property (58:13
elapsed)
The representative requested permission to locate a box at Town Hall. Public Works Director Dennis McCarthy reported that there are Planet Aid and book/tape drops at the Recycling Center. At one time there was a Goodwill box, but they were slow to pick up. The Selectmen were in favor of a box at the Recycling Center, but not Town Hall.
Posters for Mosquito Control Commission (65:59 elapsed)
Denis Lipman of the Mosquito Control Commission addressed and provided examples of posters such as “fight the bite” and “bug them before they bug you.” Tom Aspinwall of the Mosquito Control Commission also spoke. He said that the posters would also increase awareness of ticks. There is more Lyme disease than EEE or West Nile here, he said.
There was a lengthy discussion in which the Selectmen selected slogans that they liked. There was disagreement as Selectman Mills stated that he liked the “flip them off” slogan disliked by the others.
There was also discussion about a dinghy at Rye Harbor that was allegedly a breeding ground for mosquitos.
Quitclaim deed for paper street at 47 Surf Ln. (86:01
elapsed)
This was approved without discussion.
Beach Permit, Inner Spring Studio
(86:23 elapsed)
Police Chief Kevin Walsh provided details of the request, stating that he was not in favor of the precedent of having stools on the beach. Previously, there had just been yoga mats. Sundays are the heaviest beach day and the dogs and walkers would be out in force. The request is for 7:00 a.m. on five Sundays during the summer. He stated that this would be the ninth permit, and Foss Beach would be tied up seven days a week.
Selectman Jenness stated that there was a March 1 deadline for applications and it is now May.
Selectman Musselman moved to approve the application. Selectman Jenness stated that she would second, but with the condition that there be no further applications this year, and next year applications will be due by a date certain. Selectman Musselman accepted the change. All were in favor.
Recreation Area Parking Ordinance (97:08 elapsed)
Police Chief Kevin Walsh detailed the bad parking habits in the area. When the Recreation staff asks people to move they do not. It was agreed that a public hearing would be needed before the ordinance could be put in place. It would then be enforced until March, with a warrant article next year to make it permanent. All were in favor of scheduling the hearing.
Public Works position vacancies (101:13 elapsed)
Public Works Director Dennis McCarthy stated that he was recommending Rick Williams for the Senior Transfer Center Attendant position. This is an internal transfer. He has been full-time for six years. Selectman Mills stated that he was agreeable and easy to work with. Mr. McCarthy pointed out his “tremendous” computer skills. The motion to promote Mr. Williams carried unanimously.
Mr. McCarthy then recommended Josh Blaisdell for Mr. Williams’ now open position. It was confirmed that he was not related to the Rye Police officer with the same last name. All were in favor of the appointment.
Beach Rubbish collection bids (109:38 elapsed)
Mr. McCarthy recommended that this
contract be awarded to the incumbent, for $6857, a $532 increase. All appeared to be in favor, although
Selectman Mills was not observed actually voting. Editor’s
note: As recently as 2012, the contract
had been awarded to JGM Trucking, LLC.
The RCL has obtained a copy of an April 23, 2012 proposal for $4375 from
that company, signed by Joseph G. Mills III, President. The RCL understands that this is Selectman
Mills’ son. See the notes of the January
11, 2016 meeting.
Abatement, 12 Shoals View (110:38 elapsed)
Selectman Musselman commented that the land value did not match that of the neighbors. All were in favor of approving the abatement.
Fence at Old Police Station (111:18 elapsed)
Town Administrator Magnant stated that the abutter had complained of the condition of the fence. He would accept having the fence removed.
Public Works Director Dennis McCarthy stated that everything is rotted beyond repair. Replacement would cost $30 per lineal foot times 170 feet, or $5100, plus an additional $2400 for the back portion.
The motion to authorize removal carried unanimously.
Resignation of
Andrea Morrissey as Assistant Town Clerk/Tax Collector and Appointment of Donna
DeCotis as Town Clerk/Tax Collector (114:12 elapsed)
Selectman Mills introduced the agenda item and asked Selectman Jenness whether she would like to read the letter into the record. Selectman Jenness stated that she did not know that they needed to do that. Selectman Musselman stated that it needed to be part of the record and attached to the minutes. Editor’s note: Contrary to the customary practice, a copy of the letter is not attached to the minutes of the May 9, 2016 meeting. Selectman Mills told Selectman Jenness to go ahead and read it. She did so:
“Dear Mrs. Yeaton (this is dated April 27). It is indeed with regret to inform you that I am leaving the position of Assistant Town Clerk/Tax Collector for the Town of Rye, New Hampshire. My last day of employment will be April 27, 2016. Unfortunately, a job position I was hoping to apply for I was informed will now include degree requirements that I do not hold. It is also unfortunate that I did not receive the proper training due to my two and a half years as Assistant Town Clerk/Tax Collector as this would have allowed me to apply for the position that could have secured my full-time status. It was announced at the Board of Selectmen’s meeting on April 25, 2016, that the position of Assistant Town Clerk/Tax Collector will be changing from a full-time position with benefits to a part-time position with no benefits. I equally regret not giving a proper two weeks notice, but please respect and understand the urgency of my having to find another full-time position with benefits. I am a single/widow who has the sole responsibility of my financial income, benefits and retirement. In closing, I would like to thank you for being given the opportunity to have worked for the Town of Rye as I love my community and so enjoy working for them every day. Respectfully Yours, Andrea Morrissey.”
Editor’s note: Beth Yeaton resigned as Town Clerk effective
April 29, and Deputy Town Clerk/Tax Collector Donna DeCotis automatically
became Town Clerk at that time, with the Selectmen given 30 days under the
statute to appoint a successor. Beth
Yeaton has also agreed to continue to assist in the Town Clerk’s office
part-time. See the notes of the April
25, 2016 and February 22, 2016 meetings.
The issue of whether Ms. Morrisey’s
position would have benefits and the subject of Saturday hours were previously
the subject of a vigorous disagreement by the Selectmen. See the notes of the October 26, 2015 meeting
at which Selectman Mills berated Ms. Yeaton regarding missed Saturday openings
of the Town Clerk’s office. Ms. Yeaton
explained was due to the unavailability of support from the State on a few
Saturdays during the year. Selectman
Mills argued that the hours for Ms. Morrisey’s position had been increased at
Ms. Yeaton’s request so that Ms. Morrisey could receive benefits. He voted not to recommend the Town Clerk’s
budget because he wanted it reduced by the amount of the increase. Ultimately, he voted not to recommend the
entire Town budget for 2016 over this issue, although he later reversed his
position. See the notes of the January
11, 2016 and January 19, 2016 meetings, as well as the minutes of the January
14, 2016 Budget Committee meeting which Ms. Yeaton attended. At that meeting she explained the reason that
the Board of Selectmen’s vote to recommend the Town Budget was split 2-1.
See also the notes of the April 25,
2016 meeting at which Selectman Musselman announced that the Town Clerk’s
office would no longer be open on Saturdays and that, upon the hiring of a
Deputy Town Clerk, the third position in the Town Clerk’s office would be
changed back to part-time.
Selectman Musselman moved that the resignation be accepted and a letter be sent to Ms. Morrisey thanking her for her service.
Selectman Mills questioned whether Ms. Morrisey’s letter was correct in stating that she needed a degree. Town Administrator Magnant stated that the letter referred to the position of Deputy, which Ms. Morrisey was hopeful that she could apply for. Mr. Magnant stated that the description for that referred to either an Associate degree or the equivalent education and experience. Mr. Magnant and the Selectmen appeared to agree that she would have fallen under the latter. Mr. Magnant stated, however, that he had had an exit interview with Ms. Morrisey that could be discussed in more detail in a non-public session. He stated that he was not there for the conversations between Ms. Morrisey and her supervisor, but he knows what Ms. Morrisey told him during the exit interview.
Selectman Musselman read from the job description for the Deputy position which they had adopted earlier that evening. He argued that Ms. Morrisey could have met the requirements had she applied.
There was further discussion about whether the Deputy Town Clerk needed to live in the Town, and whether a Deputy not living in the Town could move into Town if elevated to Town Clerk.
Selectman Jenness then read another letter, also dated April 27, 2016, in which Ms. Yeaton recommended that Donna DeCotis be appointed Town Clerk/Tax Collector. She has served as Assistant since 2009 and as Deputy since 2014 the letter said.
Selectman Musselman moved that the position of Town Clerk/Tax Collector be filled by Donna DeCotis. Selectman Mills stated that he would not second the motion or vote for it, and that a non-public session was needed to discuss it.
Selectman Musselman pointed out that Ms. DeCotis was the only remaining employee in the Town Clerk’s Office. He said that he did not know what else they could do. Selectman Mills stated that he was not ready to appoint Ms. DeCotis at the current time. Selectman Jenness stated that there was a motion and a second to do just that. Selectman Mills pointed out that he was free to vote against it. Selectman Jenness pointed out that the vote would then be 2-1.
Selectman Musselman made a motion to go into non-public session immediately. Selectman Jenness seconded.
Selectman
Mills suggested that the meeting be finished first. The other two selectmen agreed. Editor’s
note: See the end of these notes. Following the non-public, the vote was 2-1 to
appoint Ms. DeCotis.
Letter from Portsmouth Fire
Department withdrawing their offer to consolidate services (125:30 elapsed)
Selectman Mills suggested that the
letter be placed on file. Selectman
Musselman moved that a letter be sent to them thanking them and expressing
interest in continuing discussions with them and other municipalities in the
interest of finding ways of working together.
Selectman Jenness seconded. All
were in favor. Selectman Musselman
indicated that his motion reflected what Peter Crawford had said. Editor’s
note: See the Public Comment period at
the beginning of the meeting.
Mosquitoes and skiffs at Rye Harbor
Selectman Musselman indicated that it should be noted that they had talked to the Mosquito Control Commission earlier in the meeting about this and moved that the letter be placed on file. All were in favor.
Tree trimming by Eversource (127:10 elapsed)
Public Works Director Dennis McCarthy noted that Eversource had begun an “enhanced” tree trimming operation along Washington Rd. Homeowners had been approached to cut some fairly large and numerous trees along there. He indicated that the Selectmen would be hearing complaints. There are trees with orange/pink ribbons from Lafayette Rd. to Grove Rd. Poles will be replaced and three wire, three phase service would be replaced with four wire, three phase service. Voltages would be brought into sync, so that that the number of voltage systems in town would be reduced from three to two.
These are only the trees on private property. They will also be going to the Planning Board for the other trees.
Police Chief Kevin Walsh provided details on the traffic handling.
Norman Yeaton retirement (132:20
elapsed)
Mr. McCarthy stated that Mr. Yeaton
would be leaving the beginning of June, however he would be going out for an
operation prior to them. He would like
to post the position, even though he does not know of any internal
candidates. There was agreement. Editor’s
note: Norman Yeaton is the Town Janitor
and is the husband of Town Clerk Beth Yeaton.
It appears that they will be moving out of Rye.
Non-public session (133:40 elapsed)
Selectman Musselman moved to go into non-public session. Selectman Jenness seconded. Police Chief Kevin Walsh indicated that he also had a matter to discuss from the prior summer.
Editor’s
note: The audio and video were turned
off prior to the required roll call vote on entering the non-public
session. The video jumps from 8:45:42
p.m. to 9:09:13 p.m. and resumes as the Selectmen are seen voting on the motion
below.
Appointment of Donna DeCotis as Town
Clerk/Tax Collector
Selectman Mills stated that a motion had been made by Selectman Musselman and seconded by Selectman Jenness to appoint Ms. DeCotis. These two Selectmen voted in favor. Selectman Mills voted against. Editor’s note: See further discussion above in the section relating to the resignation of Andrea Morrissey as Assistant.
The meeting then adjourned.