NOTES OF MAY 23, 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 7:01:15 p.m. (0:00 elapsed).
Present (clockwise around table): Town Administrator Michael Magnant, Selectmen Musselman, Jenness and Mills, Town Finance Director Cyndi Gillespie.
Also present and sitting in the audience: Public Works Director Dennis McCarthy, Police Chief Kevin Walsh, Interim Fire Chief Tom Lambert, Planning Administrator Kim Reed.
Persons present from the public included: Peter Crawford, Joe Cummins, Ray Jarvis, Joe Tucker, Nancy Weiand.
The
meeting was reconvened at 7:02:33 p.m. (1:18 elapsed)
Summary
6. Rye will enter discussions with North Hampton regarding possible collaboration on municipal services.
Sealing of minutes (2:45 elapsed)
The minutes of the non-public meeting of May 9, held after the meeting, were unanimously sealed, as were the minutes of the non-public meeting just concluded.
Announcements and Public Comment (2:30 elapsed)
The Memorial Day closing of Town Hall and the ceremony on Monday were announced. There was no public comment.
Consent Agenda (3:30 elapsed)
Item A, relating to tree cutting was taken off the Consent Agenda. Item B, relating to the June 11, 2016 Alzheimer’s Association Charity Bicycle Ride, was approved.
Tree cutting by Eversource (3:50
elapsed)
Joe Tucker referred to misconceptions. He and his neighbors had been given the impression that they had no option but to allow cutting on their property, he said. There was a reference to a situation ten years earlier when a similar issue had arisen.
Referring
to the earlier situation, Nancy Weiand stated that the Town had gotten involved
as people had not known their options. A
letter went out encouraging the citizens to think about their options. They want to save trees. It’s a shame that there is nothing off of
Route 1, she said. Editor’s note: Nancy Weiand was
the Selectmen’s Assistant until a few years ago.
Selectman Mills spoke about the issue of cutting in the right of way needing to go to the Planning Board as all roads in Rye are designated as scenic. He also related a problem he had had with a police officer from Hampton that had occurred near Random Rd. and asked that the officer not be permitted to direct traffic in Rye in the future.
Joe Tucker stated that legally trees that are over a property line can be cut.
Selectman Mills asserted that, in the past, Eversource had been caught cutting trees where there are no power lines.
Note: Later in the meeting it was revealed that there were two individuals from Eversource present: Ian Farley and Robert Berner.
One of the persons from Eversource stated that the “enhanced tree trimming” (referred to as “ETT” during the discussions) will be done by Memorial Day. The focus is on the main line to the substation near the water tower. The other Eversource person referred to an upcoming 1.5 mile “voltage conversion” along Washington Rd. that will be similar to the “enhanced tree trimming.” They will negotiate with the homeowners, he said.
Selectman Mills stated that he wanted a list of properties.
There was discussion about the Planning Board approval not having yet been sought as they want to make all of the requests at once. One of the Eversource representatives asserted that Planning Board approval is not needed for cutting on private property.
Selectman Mills stated that there were more than three trees with ribbons on them, contrary to what had been asserted.
Nancy Weiand asked how tall the new power poles would be. The response from Eversource was that the poles would be 45 feet, of which 35-38 feet would be above ground. That is the new standard, to provide room for cable and telephone service to be attached.
Selectman Musselman asked whether residents are being informed that they have the options of removing trees, trimming, or leaving them as is. The Eversource representative stated that he could not assure that this was occurring 100 percent of the time. He asserted, however, that Rye residents are not shy.
Selectman Musselman stated that, last time, Asplundh was trying to “take everything down.” One of the Eversource representatives stated that he would be alarmed if their contractor was trying to coerce residents to grant permission. However, he acknowledged that Asplundh is aware of the Eversource specification and is working to achieve that specification when possible.
(25:03 elapsed)
Trimming, removals and a possible refusal is all “a negotiation,” the Eversource representative said.
Selectman Musselman stated that the claim was that “your people” are not letting residents know what their options are. He said that he is trying to find out if that is going on or not, he said.
Selectman Jenness asked whether individual homeowners signed off.
One of the Eversource representatives responded “yep.”
Selectman Jenness asked whether whether there was a piece of paper.
One of the Eversource representatives asserted that there was a permission slip with specific information.
Joe Tucker and Nancy Weiand stated that they had not signed anything. Mr. Tucker referred to two of his neighbors, who had not done so either.
One of the Eversource representatives started to respond, but Mr. Tucker interrupted and said that he hoped that it could be made simple and held up a copy of a document. He stated that his wife had informed him that Asplundh had been by, wanted to trim the tree, but said that it would be so unsightly that they might want to consider having the tree removed, which Asplundh would happily do for them. He related conversations with his neighbors, one of whom is 90 years old, and who thought that they had no option with regard to tree cutting. In Greenland, 750 people are up in arms over what has happened as a result of the cutting.
Selectman Musselman asked whether they needed something signed in order to take trees down on private property.
One of the Eversource representatives stated that Asplundh would accept a “verbal signature.”
Selectman Musselman asked what a “verbal signature” was.
The response was that it was a meeting with the property owner, discussion of the proposed work, and coming to an agreement.
Selectman Musselman asked whether that was Eversource’s policy.
The Eversource representative responded that it was how they felt comfortable moving forward with “ETT projects.”
Selectman Musselman questioned the authority of the Town to take any action with respect to agreements between Eversource and individual property owners.
Selectman Musselman referred to the right of a property owner to trees and their roots that are located in the Town right of way as being “murky” under New Hampshire law.
Mr. Tucker suggested that the Town use its authority to control the right of way to limit the ability of Eversource to cut trees on private property. Selectman Musselman stated that they would need to check with Town Counsel.
Selectman Mills referred to the Town having taken action about 10 years earlier. “They had the saws going” and we stopped them, he said.
Selectman Musselman asked whether Eversource would be willing to voluntarily leave information with homeowners spelling out their options.
An Eversource representative stated that, when notification is by mail, the options are spelled out, including having someone come out. Because all roads in Rye are scenic, the Planning Board must approve those. He asserted that they try to be transparent.
Mr. Tucker stated that Eversource had been transparent only after information was requested.
Selectman Mills wondered why, with all of the work that Eversource does, there would not be anything in writing.
The Eversource stated that, historically, it had not been a problematic issue. It’s not rare for somebody to say no, he said.
Town Administrator Magnant suggested that the Board adopt a policy and publish it in the Town Newsletter.
Selectman Mills said that he would like to see that, and he would like to see the activity halted until the letter is developed.
Selectman Musselman stated that they should pass this by Town Counsel.
Selectman Mills asked who has control over the roads. Selectman Musselman said that the issue was who had control over private property.
An Eversource representative reminded the Board that, by the end of the week, the work on private property will have been completed. There is no start date for any further work after that. Phase Two is not scheduled to start until after the Planning Board meeting.
Selectman Musselman asked whether Eversource would commit to not cutting on private property in connection with the next phase until the meeting with the Planning Board.
An Eversource representative agreed.
There was then discussion about the next phase of work on Washington Rd. An Eversource representative stated that the terminating point would be just shy of Central Rd.
Mr. Tucker wondered why Eversource wouldn’t agree to send letters to preclude problems. Nothing would be done except inform people. He asked why their back needed to be put up against a wall to get something accomplished. He indicated that he might call the Public Utilities Commission to complain.
Selectman Mills asserted that Eversource owns Asplundh. An Eversource representative denied this. Selectman Mills asserted that, if the Town went to court with Asplundh they would not be smiling when they came out.
Selectman Musselman asked whether it would be a problem for Eversource if they communicated with residents prior to the next phase. One of the Eversource representatives stated that the Town would be within its rights to do that.
Selectman Musselman moved that Mr. Tucker’s idea be run by Town Counsel and that there be preparation for something to be done prior to the Planning Board meeting. Selectman Jenness seconded. All were in favor.
The Eversource representative stated that they would like to start the next phase in about six weeks. Planning Administrator Kim Reed stated that they had missed the deadline for the June Planning Board meeting.
The representatives provided their names, on request, as they left.
Meeting minutes (41:53 elapsed)
The minutes of the May 9, 2016 meeting were unanimously approved with changes. The minutes of the non-public session of the same day were unanimously approved without changes.
Comcast agreement renewal (46:01
elapsed)
Peter Crawford noted that he had not realized that a copy of the agreement had been available for examination. Unlike the case with the other public hearing that evening, there is no mention in the agenda that it is available. He asked for a summary of the proposed agreement.
Selectman Mills provided Mr. Crawford with his copy of the proposed agreement.
Town Administrator Magnant said that the agreement was exactly the same as the last contract from five years earlier. The current contract was the result of a protracted and somewhat expensive negotiation with Comcast. That was done through the Town’s agent at the time, Donoahue Tucker & Ciandella. There is very little that can be negotiated. A public access channel can be negotiated, along with a franchise fee to support that.
Selectman Jenness said that they know that fees and programming cannot be negotiated, which is what people really want to discuss.
Mr. Magnant stated that approximately $19,500 had been spent last time with the agent. Selectman Musselman said that nothing had been achieved. Selectman Jenness said that the cable company agreed to go a little further when hooking up to a new house and that was it. Mr. Magnant stated that he believed that it was 250 feet.
Selectman Mills stated that he had been involved in the issue for 20 years and nothing had been gained from Comcast.
Selectman Musselman noted that they provide services to the schools. If Rye wanted to spend $50,000 to set up a studio, and $30,000 a year for associated expenses they would be happy to do that, but everyone in Rye would be charged. The Selectman don’t want to do that. What is really wrong we can’t do anything about, he said. “Go talk to Congress,” he said.
Mr. Magnant stated that the Town is in the loop on complaints and has been able to resolve five or six issues over the past five years.
Selectman Mills referred to an elderly exemption. Selectman Musselman said that, in order to point that out to someone, they need to be led to a very small line in the middle of three pages of seas of numbers for the cheapest service. They were told to look for that in a newsletter.
Selectman Mills said that the only way to make any changes was to cut the cable off. Nobody else will come in as long as Comcast is here, he said.
Mr. Crawford stated that he sees on page 18 that the Town has the right to charge Comcast property taxes. He referred to a comment about a month earlier when the pole license with Eversource was being considered that it appeared that the installation of wires also requires a license. Editor’s note: See the notes of the March 28, 2016 meeting. After having done some research, it appears that there is an ability to tax at least conduit although there is some question about the ability to tax wires. He asked what the Town’s plans were in this regard. He also referred to a Supreme Court case, Rochester v. Verizon, in which it was held that it was unconstitutional to impose taxes on the telephone company but not the power company or the cable company. He stated that he was concerned that, if Eversource is going to be taxed for its property, whether Comcast would also need to be taxed.
Selectman Mills stated that it was a question of who owned the poles. Mr. Crawford stated that the statutes and cases are not clear. Public Works Director Dennis McCarthy stated that the majority of the poles in Rye are owned by Fairpoint and not many are owned by Eversource.
Selectman Musselman stated that this is an unsettled area of New Hampshire law. The Town is involved in a lawsuit relating to this very issue. The Town has not aggressively taxed utilities in Rye pending resolution of court cases. Verizon has sued because the Town is trying to tax them. Editor’s note: Verizon is now FairPoint. If the Town got more aggressive at this time, the Town would just be higher in the pecking order of lawsuits. Other communities taking the lead have a lot more to gain, Selectman Musselman said.
Mr. Crawford agreed that this was probably the right thing to do, but provided the cite for Verizon v. City of Rochester, 156 N.H. 624, and said that the case stands for the proposition that if one type of utility is taxed, but not the others, then an equal protection claim could be made by the taxed utility.
Joe Cummins asked whether increased taxation might lead to increased rates. Selectman Musselman confirmed.
Editor’s note: At the end of the meeting, the Selectmen
voted to approve the Comcast contract.
See later in these notes.
Draft Natural Hazard Mitigation Plan
Public Hearing (59:25 elapsed)
Theresa Walker of the Rockingham Planning Commission spoke. She stated that she had been working with a number of Town department heads on the Town’s hazard mitigation plan. FEMA requires every community in the nation to have such a plan, to be updated every five years. That process began after Hurricane Katrina. This is an update of an existing plan. Money is passed through from the State to the regional planning commissions. Rye is subject to flooding, ice storms and severe winter weather. In the beginning the plans were a tool. Initially there was a discussion of buying a duck boat to reach the Isles of Shoals. Now, any money that FEMA had has gone away. The focus has changed from “stuff” to mitigation and prevention, she said.
Ms. Walker said that, following comment by the Selectmen and residents, the plan would be submitted to New Hampshire Homeland Security and Emergency Management, which would read it thoroughly and comment. FEMA in Boston will also comment. FEMA is not always familiar with how small towns in New Hampshire operate. After FEMA approves, she will come back to the Selectmen and ask them to formally adopt the plan, at which point the Town will be “good to go” for another five years. The carrot is that, unless a plan is in place, disaster relief funds cannot be applied for.
Selectman Musselman said that he had read the draft plan quickly. The action plan might have all been well and good when there was the possibility of receiving FEMA funds. However, in Table 10 on page 51, there is a plan for a 4x4 Fire Department evacuation vehicle at a cost of $30,000 within the next 2-3 years. That is not their plan and such a vehicle would unlikely be capable of evacuating many people.
The $300,000 for drainage improvements in 2-3 years is not on the Capital Improvements Program list and we don’t want our CIP Committee to see that, Selectman Musselman said. There is a drainage plan, he said. Public Works Director stated that Red Mill Ln. is on that plan, and the cost will be $300,000. There was discussion about whether the inclusion of Huntervale and Love Ln. was a mistake.
Selectman Musselman asked whether the School Board was planning for a generator at the Junior High School within 2-3 years. He also referred to $40,000 for earthquake proofing the Junior High School within the next 4-5 years. He stated that he doubted that there would be a proposal to do that with Rye funds. Perhaps that should be listed in a 50 year plan. Some of the time frames need to change and some items need to be removed from the list. The generator for Town Hall is probably fine, he said.
The inventorying of historic structures for risk of earthquake damage is unlikely to be funded. If FEMA is going to require that they need to tell the Town, he said.
Raising Locke Rd. between Harbor Rd. and Ocean Blvd. is probably climate change related and $500,000 will not be spent on that in the next 4-5 years. It might be 75 years, he said.
The action plan should be changed to limit the costs and extend the time frame. Bland, long-term suggestions should be made. It would be damaging to the capital expenditure process to have items that are not planned out there.
Ms. Walker said that while items could be removed, for every natural hazard listed that Rye is prone to there must be a mitigation action. Costs must be listed, but they do not verify them. There must also be times assigned. They used to require actual years, but were persuaded otherwise as that is not how Town Meeting functions. What voters will approve is unknown. The time frame cannot be extended past five years as there will be a new plan in five years.
Selectman Jenness said that she was pleased to see the inclusion of a generator for the Junior High School. That might be an ideal place to house people as there is food service there. That led to discussion about shelter locations. Police Chief Kevin Walsh stated that usually a shelter in Portsmouth is used, depending on what the State designates. If that is done, employees or staff must be provided, depending on how many residents are going to the shelter.
Selectman Jenness stated that, when Seabrook Station was being proposed, the mention of an earthquake zone did absolutely no good.
Ms. Walker held up a FEMA document on mitigation that they turn to for ideas.
There was discussion about the length of the public comment period. It was agreed that it should be a month.
Planning Administrator Kim Reed warned that, if Huntervale is removed, if something should happen there, there would not be any eligibility for FEMA funds. There was discussion about whether that was true.
Selectman Musselman warned that the dam at Love Ln. was more likely to be a problem. He also mentioned Eel Pond. Huntervale could flood again, as it did in the Mothers Day storm, he said.
There was discussion about why Huntervale had flooded in the past. It was mentioned that, when the sewer was put in, a pipe there was cracked. Selectman Musselman said that part of the pipe went uphill, so there might not be much flow capacity. Selectman Jenness referred to a former skating pond near there. Mr. McCarthy said that he had never seen Huntervale flood. Selectman Musselman said that he had never ridden in boats to front doors.
Selectman Mills asked about the algae at the duck pond. Editor’s note: This is an apparent reference to an issue with algae in the duck pond at the Breakers Condominium. See the notes of the September 14, 2015, September 28, 2015, October 14, 2015, November 9, 2015 meetings. Selectman Musselman said that that is not a hazard that needs to be mitigated. There was a person present that Selectman Mills tried to bring into the conversation, but he was from the Seafarer Condominium.
Peter Crawford stated that the discussion seemed to be that FEMA controls everything, but FEMA is an arm of the federal government while the town is an arm of the state government. The control is only indirect, through the control of funds. He asked what the implications would be if the town was not quite compliant and whether it was only that the town would not receive funds in the event of a disaster. Ms. Walker stated that the Town had received substantial money in the past, but confirmed that the disaster funds are the only issue. There would not be any impact on flood insurance rates.
Mr. Crawford stated that he agreed with Selectman Musselman that it did not make sense to include an investment that would not occur. It should match the CIP Plan, he said. Ms. Walker agreed, saying that, if something is not implemented, she would have to explain in five years whey the investment wasn’t made.
It was agreed that the Town Administrator would approve the document before it is sent to FEMA.
Abatements (82:35 elapsed)
The Colby abatement, map 194, lot 65 on Ocean Blvd. was unanimously granted. Selectman Musselman explained that the reduction in land value from $27,900 to $14,000 was due to it being wetland.
A second Colby abatement for map 194, lot 85, 1130 Ocean Blvd., proposing to reduce the assessment from $1,615,900 to $1,503,000 was tabled following questions from Selectman Musselman about what had changed relative to the tax card.
The Graham abatement for map 17, lot 34-001, 615 Brackett Rd., also raised the same issue and was tabled.
The Toumpas abatement for map 202, lot 79, 10 Bass Dr., also raised the same issue and was tabled.
The Cahalane abatement for map 84, lot 62, 15 Breakers Rd., raised the issue of why the $109.17 abatement seemed inconsistent with the reduction in assessment and was tabled.
It was agreed that the assessor would be invited to the next meeting.
The motion to table items 2-5 on the agenda carried.
Paving bid results (90:11 elapsed)
Public Works Director Dennis McCarthy reported that the low bid for machine applied asphalt, from Pike, at $64.90 per ton. That is a reduction of $7.29 from the prior year’s low bid. Pike has supplied asphalt to the Town in the past. The incumbent’s (Bourassa) bid was 10 cents more. Brox Industries was $1 more. Another bid was $67 and there were two other bidders. The plan is that Parsons, Pollock, Clark and Central down to Cable and Grove from Garland to Central will be paved this year. Projected usage for that would be 3200 tons.
Heating oil bid results (95:20 elapsed)
The low bid, from Hanscom Truck Stop, the incumbent, was $1.72 per gallon, down from $2.255 per gallon the prior year. The blended fuel bid is $1.82 per gallon. Editor’s note: The Public Safety Building requires the use of heating oil diluted with kerosene as the tank is outside and the oil would otherwise be subject to gelling in cold weather. Mr. McCarthy stated that the diesel and gasoline bids were based on a differential to the rack price, which is unchanged from the prior year. Currently, they are paying $1.50 for diesel and $1.67 for gasoline, he said.
Editor’s note: The bid results should result in substantial
savings relative to the budget for both the Town and the School District. The heating oil budget for the Public Safety
Building (the Town’s largest usage building), based on 6500 gallons, is
$16,125, or $2.48 per gallon, or a savings of $.66 per gallon, $4290 for the
Public Safety Building alone if usage is as projected. The practice has been that the School District
buys heating oil based on the Town bid.
The School District budget for 2016-2017 is $3.19 per gallon, with usage
of 37,737.8 gallons assumed for the two Rye schools. The positive variance of $1.47 per gallon
will lead to a surplus in the School District heating oil budget of $55,474.57
if usage is as projected. That is
approximately half of the cost of a teacher, with benefits.
Red Mill Ln. Culvert (96:55 elapsed)
Public Works Director Dennis McCarthy expressed problems with this project. Editor’s note: In 2016, the voters approved, by a vote of 945-567, $150,000 to replace one or both culverts on Red Mill Ln. Mr. McCarthy stated that he had hoped to do what was done on Wallis Rd., and replace the culvert “where is, as is.” However, because this is a tier three stream crossing, banks and flow depth are is important. A 16 foot width will be needed, compared to 5 feet currently. The proximity to Eel Pond is resulting in increased tidal and rain flows, he said.
Selectman Musselman stated that concrete is needed due to the fact that the location receives tidal flows. He said that his company is involved in a culvert replacement in Raymond that was needed after 40 years because of deficiencies. Mr. McCarthy expressed concern over expense and avoiding a need to build the road higher. Selectman Musselman referred to a federal highway research project that had come up with low cost culverts. He warned about a concrete lining to a metal pipe not lasting 75 years.
Mr. McCarthy said that he had been providing an update. They hope to bid the project at year end. He will be back to bring them up to speed, he said.
North Hampton letter regarding
collaboration (106:33 elapsed)
Selectman
Mills read a portion of the letter, which stated that there were many areas of
municipal government in which the two towns could cooperate to ensure the more
efficient and perhaps less expensive delivery of services. The letter proposed that the two select
boards meet together to discuss.
Ultimately there should be a working group, including a representative
from each select board, the town administrators, police and fire chiefs and a
union representative. Editor’s note: The discussion on this issue resumed after
the discussion about Shoals View.
Letter from Susan Kwiatkowski regarding repaving of
Shoals View Dr. (108:25 elapsed)
Selectman Mills read the letter, which requested repaving of this street. It stated that it had been paved in the 1970s. It referred to the dust generated and a need to water the road prior to painting houses. It asserts that the road is a cut through, with 4000 vehicles annually. It asserts that the resident had spoken to Mr. McCarthy, who expressed a preference that the road be paved. Selectman Mills stated that there were 11 signatures on a petition.
There was discussion about the extent of paving. One of the residents asserted that asphalt can be found in places.
Mr. McCarthy stated that there are five or six dirt roads in Rye, all in this area. The cost to repave this road would be about $20,000 in materials. In addition, the base would need to be looked at. It would probably be necessary to add 6 inches of gravel, he said.
The Selectmen appeared amenable to pursuing this matter further.
North Hampton letter (117:45 elapsed)
Selectman Musselman asked about what they were going to do about North Hampton. He said that he should not be a representative as he is in the process of trying to do business with North Hampton regarding a drainage project on Ocean Blvd. He suggested that there not be a formal meeting of the two Boards of Selectmen as that would have to be noticed and videotaped.
Selectman Mills stated that the discussion should proceed as it is a safety issue.
Selectman Jenness suggested that Selectman Mills be the representative, due to other committees that she is involved with. Selectman Mills said that he gets lost going out of town.
Ultimately, Selectman Mills agreed to be the representative.
Ocean Blvd. parking meters (119:38
elapsed)
Selectman Mills asked how much had been spent on the parking study with Tighe & Bond. Town Administrator Magnant responded that he thought it was about $15,000.
Selectman
Mills started to refer to the possibility of the State turning down the town on
the parking meter issue. Editor’s note: In 2016, warrant article 21, which asks the
Selectmen to proceed towards a 2017 warrant article to establish parking meters
along Ocean Blvd., passed 1054-395. There
have been various discussions on this issue for a number of years and
discussions with the State have begun.
In a September 24, 2013 meeting regarding beach issues arranged by State
Senator Nancy Stiles, Senator Stiles stated that her inquiries with the State
revealed that communities are allowed to install parking meters on state
roads. All money collected from the
meters and fines would flow back to the Town, but the Town would need to pay
for the meters and their maintenance and issue the tickets. See N.H. RSA 231:130.
Selectman Musselman stated that they do not know that the State will be turning down the town. Mr. Magnant stated that the Commissioner was waiting for the formal opinion from the New Hampshire Attorney General. That had been expected the week before last. He had reached out to the Commissioner to see what had happened, but has not received a response.
Selectman Musselman asked whether the State thought that they would install the meters. They would not budget it and would not get it through the Governor’s Council, he asserted.
Selectman Mills disagreed, saying that once the State realizes the revenue potential they would proceed, even over the objection of the Town.
Mr. Magnant indicated that the Commissioner had revealed to him the possibility that the State might proceed to install the meters.
Selectman
Musselman suggested that the money be used for roads in accordance with the
statute, and budget modifications would be done so that the revenue would be
replaced by public safety and beach activities.
It should be made a safety issue and there should be a strong letter
preempting the Attorney General’s opinion.
If the Town waits for them to respond, they are going to say no, he
said. Editor’s note: RSA 231:131
requires that “[T]he revenue derived from the use of such meters shall be
expended to finance the purchase, maintenance and policing of such meters or to
maintain and improve streets and highways, or to acquire, construct, improve,
maintain and manage public parking areas and public transportation systems, or
any combination of the foregoing purposes, but for no purpose not expressly
authorized by this section.”
Mr. Magnant agreed to formulate a letter.
Selectman Mills stated that once “you” started to give out ideas on the amount of money that would be brought in, “you” lost it. He said that the State would grab the money.
Comcast agreement approval (122:41 elapsed)
Town Administrator Magnant asked the Selectmen whether they wanted to vote to approve the contract. Selectman Mills stated that he was against it. Selectman Musselman said that there had to be an agreement or there wouldn’t be any cable service. Selectman Mills clarified that he was against the hiring of an attorney to negotiate the agreement. Selectman Musselman moved that they enter into an agreement with Comcast along the lines of what had been presented that evening. All were in favor.
Adjournment (123:25)
Selectman Mills sought to declare the meeting adjourned. Instead, Selectman Musselman moved to adjourn, Selectman Jenness seconded. No vote was taken prior to the video being switched off.