NOTES OF OCTOBER 24, 2016 RYE BOARD OF SELECTMEN MEETING

Final Revision B – Provided by the Rye Civic League

Present (clockwise around table): Town Administrator Michael Magnant, Selectmen Musselman and Jenness, Town Finance Director Cyndi Gillespie. Not present: Selectman Mills.

Also present and sitting in the audience: Police Chief Kevin Walsh, Interim Fire Chief Tom Lambert, Town Clerk Donna DeCotis.

Persons present from the public included: Victor Azzi, Mae Bradshaw, Peter Crawford, Frances Erlebacher (arrived late), Ryan Fitzsimons, Dennis Lipman, Ryan McGill, Tyler McGill, Ned Paul, Phil Winslow.

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 6:30:01 p.m. (0:00 elapsed).

Summary

1. Several members of the public expressed opposition to the new Jenness Beach Bathhouse proposed by the State, to be approved by the Executive Council on Wednesday, October 26.

2. The CIP Plan includes five major projects totaling $11.725 million. However, the maturing of a School bond and one of the Conservation bonds may allow a $2.9 million Town Hall to be financed with no tax rate increase.

3. A proposal to allow the Conservation Commission to accept $10,000 in unrestricted funds received from Wallis Road Properties LLC was tabled after it appeared that the funds came from an unauthorized increase in the acquisition price.

4. The Town Clerk’s budget was tabled for further work after it appeared that returning to three full-time employees will not be approved given proposals to increase the Building Inspector and Public Works staffs in 2017.

5. Surprise was expressed at how the number of registered voters in Rye is close to the population.

6. The Selectmen decided to have the Town Administrator contact Executive Councilor Chris Sununu to relay continued concerns by Rye residents regarding the massing of the proposed Jenness Beach Bathhouse.

Announcements regarding Selectman Mills and Trick or Treat (0:00 elapsed)

Selectman Musselman stated that Selectman Mills is still in the hospital. He asked people to keep him in their thoughts and prayers and hope that he would be back soon.

Selectman Jenness announced that Sunday, October 30, between 5:00 and 7:00 p.m. would be Trick or Treat.

Sealing of minutes (1:57 elapsed)

Selectman Jenness moved to seal the minutes of the non-public session held at the end of the day-long budget session on October 20. All were in favor.

Public comment on Jenness Beach Bathhouse (1:11 elapsed)

Tyler McGill expressed concern about the scale of the proposed bathhouse as well as safety concerns. Although it is a State issue, he asked the Selectmen, in whatever capacity they could, to try to exert influence. The vote on approval will occur on Wednesday in Concord, he said. Editor’s note: The Executive Council, also known as the Governor’s Council (the Governor chairs the Council but has not vote) approved the bathhouse by a 3-2 vote on that date, following approximately one hour of discussion. Councilors Sununu, Van Ostern and Pappas voted in favor. Councilors Kenney and Wheeler voted against. See the video at https://vimeo.com/189141357. More than 600 signatures from Rye residents and New Hampshire beachgoers have been obtained, Tyler McGill said. Due to their work, the state was forced to reconsider and changed the parking from perpendicular to angled, he said.

Tyler McGill said that he and his brother are in favor of the renovation, however they are unanimously opposed to the size and scale of the bathhouse. The original project presented to the Planning Board included safety hazards, including removal of the sidewalk next to the sea wall, conversion of the parking spaces from diagonal to perpendicular and shrinking of the bike lane, were created by the State to compensate for lost parking due to the scale of the proposed project. This exemplifies the faulty thinking the project has been founded upon and they are now working backwards to undo their haphazard approach. We as Rye residents will have to live with this monstrosity for the next 50 years. The project needs to be redesigned, he said.

Through our efforts, Tyler McGill said, they were able to force the State to redesign and eliminate safety hazards. They have chosen to keep the sidewalk, the building has been moved back seven feet and the parking spaces have been changed from perpendicular to angled, as they currently are. However, they have done nothing to change the scale of the building. He referred to images provided. Just the parking for State vehicles is larger than the existing bathhouse which was originally constructed in 1980, he said. Currently, they obtain access at Cable Rd. The Fire Department and Police Department have stated that they would never drive a fire truck or ambulance on the sand. Similar access was not provided at the North Hampton bathhouse, he said.

Tyler McGill said that the current bathhouse is 16 feet into the lot and 10 feet high. The new bathhouse is 62 feet into the parking lot and 25 feet high at its peak. It would block 20 percent of the minimal view.

Due to the necessary changes to the parking, 15 percent of the parking spaces at the Jenness Beach State facility will be lost. These cars will be forced onto side streets and already limited parking spaces in Rye, Tyler McGill said.

Tyler McGill said that all of the changes, which include additional changing rooms, are going to cost $1.2 million and will net an additional three toilets and one urinal. There are two or three additional changing rooms and showers, but that is a big price tag and a massive swath of beautiful land to be used. The project does not benefit the Town, the Town’s tax base, the Town’s parking, the Town’s aesthetic, the Town’s scenic views or the Town’s beaches at all. If the Town had been responsible, we never would have approved a building of this scale, he said.

Tyler McGill asked the Selectmen to do whatever was in their power to reach out to the State Representatives, the Governor and the Executive Council to ask them to vote against the project at Wednesday’s Executive Council meeting.

(11:57 elapsed)

Ryan Fitzsimons, 2290 Ocean Blvd., stated that he is the closest abutter to the proposed facility. The State made clear that the proposal was based on a continuity of design, however, the designs may be similar but of different sizes while maintaining the continuity. There is no data from a usage study supporting the need for the facility. At the standing room only meeting at the Library, other than the folks from the State, and perhaps their relatives, there was not a single person there who was in favor of the project. The $1.2 million facility, to be used three and a half months out of the year, is three times larger than the Town Hall Courtroom. With the portico, it is five times the size of the existing structure there. He asked not that the project be stopped, but that it be revised. He referred to a fire safety issue with the structure adjacent to his home and the lack of a fire suppression system.

Peter Crawford said that he agreed with what had been said. It is late in the game, he said. According to the e-mail update that he received from the State, they’ve done some redesign and are ready to take the project to the Executive Council on Wednesday, which is the final step before signing of the contract. The project is way too expensive and too big. He suggested that, if the Selectmen could weigh in with Mr. Sununu, that might help.

Martha Leary, 2281 Ocean Blvd., concurred with the comments already made. She referred to the meeting on August 29. The e-mail addresses were taken but there was no notification until that of the final decision on October 21. That’s why we are here so late, she said. Both she and Ryan are abutters, but were not notified of the initial meeting in February, she said. We all know we need a new bathhouse. The lack of notification put us at a huge disadvantage, she said.

Ryan McGill reiterated that the lot coverage is five times the current size and the height is 25 feet at the peak. He referred to “cathedral” size on a bathroom and questioned whether that is needed. He said we are looking at 46 feet of scenic viewing being lost.

Ryan Fitzsimons stated that they were notified when they saw twenty people with clipboards in the parking lot.

Consent Agenda (19:06 elapsed)

At the request of Selectman Jenness, Item A, Investment Policy, was pulled from the agenda. Item B, a request by Jaci Grote to hold a sign supporting Mindi Messmer at the Recycling Center on October 29, 2016 and C, a request for a bake sale at the Recycling Center by Rye Youth Softball, on November 19, 2016 were unanimously approved.

Selectman Jenness had a question about the quarterly reports. She stated that the bank excesses over the FDIC limits are not being reported quarterly. Town Finance Director Cyndi Gillespie stated that she and Town Treasurer Jane Ireland had reviewed the policy earlier that day. She referred to TD Bank having entered into a letter of credit trust agreement with Bank New York/Mellon in 2012. There are monthly reports. The letter of credit serves as collateral for all of the deposits. The reports can be provided monthly, even though the policy only provides for quarterly reporting. Ms. Gillespie stated that there was insurance for the total amount, not just a portion. All were in favor of approving Item A after it was agreed that quarterly reporting was sufficient.

Capital Improvement Plan Public Hearing (24:18 elapsed)

Mae Bradshaw, Chairman of the CIP Committee, addressed. She stated that Vice Chairman, Phil Winslow and Ned Paul, Clerk, were also present. Russ Bookholz and Randy Crapo were not present. Mr. Crapo was unable to attend any meetings. The largest projects for the 2017-2022 period are set forth on page five of the report. There are five very large projects: the Rye Town Hall for a suggested $2.9 million, $3 million requested by the Conservation Commission, the Recreation Community Building, $5.525 million (sic), the Fire Department quint and pumper for $1.075 million combined, and three Rye Water District projects totaling $2.225 million. The total is $11.725 million in proposed expenditures. Those are just the larger projects. There are smaller ones as well, she said. Editor’s note: The Recreation Community Building is actually $2.525 million. Using the lower figure, the total of the five expenditures is $11.725 million.

Ms. Bradshaw then described the priority scheme. The 2017 projects were first placed in one of three priority categories. She described each of the projects. The total of the 2017 projects is $934,550 without the Water District, $1,644,550 with it. The school security projects were ranked the highest, followed by dump truck replacement and Town Hall redesign. The future quint and fire truck needs should be saved for with a warrant article. The Recreation and Community Center bonds should be delayed pending further information on Town Hall, she said.

Phil Winslow referred to staging of the projects, and a window of opportunity opening in 2017 with the last school bond payment of $295,000 annually being made. The second conservation bond of $97,000 is also being paid off. That’s $392,000 that would no longer need to be paid in 2018. If the Town Hall for $2.9 million proceeds in 2018 and is bonded over ten years, that could be covered without a tax increase, he said. No position was taken on the quint and pumper units. There could be a substantial reduction to those costs with sharing, he said. Mr. Winslow urged the Board of Selectmen to continue the conversation. Editor’s note: There are ongoing conversations with North Hampton on this issue, following failure of discussions with Portsmouth to lead to an agreement. See later in these notes.

(36:24 elapsed)

Selectman Musselman said that they had just gotten a copy of the plan. Although he reviewed it in some detail earlier in the day, Selectman Jenness had not had an opportunity to do the same. Normally they accept, rather than approve, the plan, he said. He suggested that they discuss the plan that evening, and then table it to the next meeting to give Selectman Jenness time to come up with comments.

Selectman Musselman asked about the new conservation bond and the $1.7 million left to draw down on the existing bond. Ms. Gillespie confirmed that the Conservation Commission is proposing another $3 million bond to be voted on at the upcoming 2017 Town Meeting. He asked when the $1.7 million would be drawn down and whether that would occur once Rand has gone through. Ms. Gillespie stated that Rand has already been finalized. Editor’s note: This is a reference to the back portion of the former Rand Lumber property which was acquired by Wallis Road Properties LLC. The front portion was developed into 20 detached retirement condominium units on a new private road, Seaglass Ln. which, to some, does not comport with the semi-rural nature of Rye. Ms. Gillespie stated that the remaining $1.7 million cannot be drawn down until there is a purchase and sale agreement on a project that will use the money. Selectman Musselman and Ms. Gillespie agreed that they had not yet heard about another project.

Selectman Musselman asked why the full principal and interest payment would be included in 2017 on the new $3 million bond. That would be a zero in 2017, he said. If things moved rapidly and the $1.7 million was spent by August or September and two more properties were considered in 2018, even 2018 would be early for a new bond payment, he said. Ms. Gillespie stated that there are two new issues annually, in July and November. If money was obtained in the July issue, the first interest payment would be the following January and the first principal payment in July.

Ms. Bradshaw stated that they would work on revising the figures.

Selectman Musselman asked that the average annual rates of increase on page eight and nine be checked.

Selectman Musselman suggested that the Historical Society building be removed inasmuch as it is a privately-owned building on Town land.

Selectman Musselman also asked about the Pulpit Rock tower. The CIP report states that the Friends of Pulpit Rock tower hope to secure enough funds to turn the tower over to the Town. He disagreed that the Board of Selectmen or the voters wanted to do that. Editor’s note: Actually, 2011 Article 19 authorizes the Heritage Commission to acquire the tower, provided that there is no future expense to Town Taxpayers and that the acquisition be on terms and conditions that the Board of Selectmen determine is in the best interest of the town and that it not be used for wireless communications facilities other than for Rye public safety. At least $130,000 must be in the Heritage Fund balance before the tower is acquired. Selectman Musselman stated that there had been an estimate of $100,000 to $200,000 to renovate the structure. Ms. Bradshaw stated that a warrant article had passed, such that, if something like $135,000 was raised, the Town would buy the tower for one dollar. Selectman Musselman said that it had been five or six years and it would need to be revisited. Ms. Bradshaw suggested that Town Attorney Donovan look at the warrant article. Both Selectmen present agreed that it is still owned by the State.

(47:21 elapsed)

Selectman Musselman asked that the reference to an inspection done by an engineer that was not a stamped, professional report be removed. They are finding that the conclusions were not correct. What is being done now is being done by a professional engineer, he said.

Selectman Musselman suggested that there be a reference to a shift in the tax base also affecting the tax rate.

Selectman Musselman stated that a title should be “town-wide capital projects” if Water District projects are not included.

Selectman Musselman referred to a sentence referring to a $510 impact on a $1 million home if all 2017 projects are approved. He said that, normally, a mean house value be used.

Selectman Musselman stated that the next step for the Recreation Community Center is not final design. Selectman Jenness said that there is not a report yet, but Gregg Mikolaities would present the report shortly. Selectman Musselman said that, before plans and specs are prepared, there should be a warrant article. That would ensure that people want to spend that much money.

Peter Crawford stated that he thinks that the Conservation Bond is too early. They are not on a bad run rate. It has been almost three years since the $3 million was voted. They have only spent $1.3 million, which is less than a $.5 million run rate, which is what it was before. The $5 million bond lasted about 10 years, which was about a $.5 million run rate. To go for more authority at this point, before they’ve spent even half of what was authorized, is way premature, especially since the last bond issue only passed by seven votes, he said.

Mr. Crawford stated that their argument would be that another Rand might come up. Editor’s note: This is a reference to the purchase of the former Rand Lumber property purchased by Wallis Road Properties, LLC for $1.125 million (see Rockingham County Registry of Deeds, book 5430, page 837) in April 2013. At the time, there was not enough of the original $5 million conservation bond authorization left for the Town to buy the property, the Lium easement having been purchased in December 2012 for $725,000. The Town ended up paying $1.25 million for just the back of the former Rand Lumber property, $100,000 more than Wallis Road Properties had paid for the entire parcel. It essentially paid nothing for the land on which 20 retirement condominiums and one house stand. The argument is that, had the Town had sufficient funds at the time, it could have acquired the entire parcel, sold off the front portion, and saved a lot of money. Mr. Crawford stated that, when the bonds are voted, one does not know whether the spending will be stretched out, or whether it will all be spent right away with the Conservation Commission coming back, asking for more money with the threat of missing another acquisition. He suggested that the $1.7 million be left in reserve and every year have a warrant article to add $.5 million to the Conservation Land Acquisition Fund. It would avoid the large $3 million warrant article at the same time as approval is also being sought for Town Hall, he said.

Mr. Crawford said that he agreed with what had been said about the savings from fire consolidation. He stated that the second ambulance is still on the table and there is a plan to replace a pumper truck, which would still mean that there are two pumper trucks. The quint also needs to be replaced. There’s $1 million for fire equipment and we’re already spending $250,000 this year for a new ambulance which could end up being a second ambulance. All of that equipment could be shared across more towns than it is currently. To have all of that equipment and then rely on people being called in to man it seems to be wasteful and unrealistic in terms of how fast additional people can come in, he said. Editor’s note: Only two or three firefighters are assigned to each shift and two firefighters are generally required on each piece of equipment that leaves the station.

Mr. Crawford continued, saying that every year there seems to be another culvert. There was the Wallis Rd. culvert and now there is the Red Mill culvert. He said that he had asked Public Works Director Dennis McCarthy last year about other culverts in the time frame of the CIP Plan. Mr. McCarthy had promised that the information would be provided for the following year’s CIP Plan (i.e. this year), but no other culverts appear in this year’s CIP Plan, he said.

Mr. McCarthy stated that there had been a full study of the culverts. There are 66 culverts in Town that are greater than 15 inches. All have been inspected and prioritized. The replacement process for them will go on for the next 30 years, he said.

Mr. Crawford asked whether there was anything beyond Red Mill planned in the next five years.

Mr. McCarthy acknowledged that there are other culverts planned in the next five years.

Mr. Crawford suggested that, since the CIP Plan is going to be revised, that the additional culverts be added.

Selectman Musselman asked whether the next priority was Love Ln. Mr. McCarthy said that he did not know offhand, but the double culverts on Perkins Rd. could be next. They also need to look at how the paving program meshes in as well, Mr. McCarthy said.

Ms. Bradshaw asked whether the paving plans should be included in the CIP Plan. They had taken them out as paving is more in the nature of maintenance. It is expensive, however, she said.

Selectman Musselman said that they were doing OK. It is budgeted each year. The level of expenditure is adequate, he said. Many communities are looking at bonding many millions of dollars to catch up. Rye is in decent shape with its roads, but not its culverts, he said. He said that he agreed with Mr. Crawford.

Mr. Crawford made the point that page five totals about $8.5 million while there is $1.725 million in projects. Editor’s note: He meant $11.725 million. The difference is that the projects with bonds are stated at only the principal and interest cost, he said. The full cost is not included because part of the principal and interest is outside the five year period. Even though “bond” is checked off, the Water District project sheets include the full amount of the project, thus the project sheets are inconsistent. He suggested that the full cost be included in the year that the decision is to be made, rather than just the principal and interest, which confuses people and you generates numbers that don’t tie.

Cyndi Gillespie pointed out that the $1.7 million in authorized, but unissued, conservation bonds should be included in the approved debt service. There appeared to be agreement.

(64:50 elapsed)

Selectman Musselman said that the CIP Committee had done a great job, and thanked them for their time. The process is evolving, he said. He wondered whether it would be helpful for the CIP Committee to have a Selectman on the Committee on an ex officio basis.

Ms. Bradshaw stated that a Selectman would be welcome.

Selectman Musselman said that there should have been a Selectman on the Parsonage Committee. Some of their discussions would have been a little different if there had been a Selectman on that Committee, he said. Every year we see this completely out of the blue. We usually see the CIP Plan on Friday and accept it on Monday, he said. He suggested more collaboration.

Phil Winslow said that he saw two benefits to having a Selectman on the Committee. Often, they are chasing information. Having a Selectman on the Committee would help in getting more timely information. Second, they have insight into the projects and plans that the Committee does not have, he said. Town Administrator Magnant stated that the RSAs allow a member of the governing body to be on the CIP Committee. Editor’s note: See N.H. Rev. Stat. Ann. (“RSA”) 674:5. The Board of Selectmen are the governing body of the Town.

(71:14 elapsed)

Victor Azzi asked what the communications protocol was. There are a number of committees on which there are one, and sometimes two, Selectmen, he said. He asked how the Selectman on the Committee would share the information with the others.

Selectman Musselman said that it is not easy anymore. Editor’s note: RSA 91-A:2 defines a “meeting” as a convening of a quorum of the membership of public body, or a majority, whichever is smaller. Since any two Selectmen constitute a majority, this precludes any two of them, or all of them, from discussing any matter over which they have jurisdiction, with certain exceptions, outside of a properly noticed public meeting. What the Committee is getting is the view of only one of the three Selectmen, he said. The communication can go only back through Town Administrator Mike Magnant and then to the other two. Communication is less than 100 percent, he said. Selectman Jenness said that she refers to particular minutes or video recordings and suggests that the others read or view.

Ryan McGill thanked the CIP Committee for all of the work that they had done. The prioritizing is a great way to understand the different levels. It is great work, he said. He spoke in favor of the Recreation Community Center which would benefit everyone from the seniors to the kids and stated that he appreciates the focus on conservation.

Selectman Jenness referred to Mr. Crawford’s comment about putting off the conservation bond. She stated that she thought that Selectman Musselman was referring to the timing of the principal and interest payments, not the bond itself. Selectman Musselman agreed.

Peter Crawford followed up on Mr. Azzi’s comment. He suggested that the Board of Selectmen do something similar to the Planning Board’s subcommittee reports at the end of each meeting. There could be Selectmen’s Rep. reports to bring the others up to speed.

Selectman Musselman said that that was a fine idea, and that he liked it.

Mr. Crawford referred to some restrictions in the RSAs regarding indirect communications that limit the extent to which they can communicate through Mr. Magnant. Editor’s note: See RSA 91-A:2-a, II, which states that “[c]ommunications outside a meeting, including, but not limited to, sequential communications among members of a public body, shall not be used to circumvent the spirit and purpose of this chapter as expressed in RSA 91-A:1. That statute states that “[o]peness in the conduct of public business is essential to a democratic society. The purpose of this chapter is to ensure both the greatest possible public access to the actions, discussions and records of all public bodies, and their accountability to the people.” RSA 91-A:2-a, II most clearly would prevent one member of a five member public body from having separate telephone conversations with each of the other four members to convey the various members’ views on an issue in an attempt to achieve consensus. Technically each conversation would fall outside RSA 91-A:2, I because no quorum is present. Nevertheless, the statute prohibits such sequential conversations to circumvent the law and arrive at a joint decision outside of public view. Since RSA 91-A:2-a, II states that it is “not limited to” this particular circumstance, it appears that using a person that is not a member of the public body as a conduit is equally violative of the statute.

Selectman Musselman disagreed with that. He said that it is perfectly acceptable. We cannot function without that. If that is unacceptable, they have a serious problem, he said. There are times when things need to happen quickly. Staff need to quickly obtain the input of Selectmen at times, he said.

Selectman Musselman moved that the public hearing be suspended until after the meeting with the Recreation Commission. He said that it would probably resume at the November 28 meeting.

Acceptance of $10,000 in funds for the Conservation Commission (81:13 elapsed)

Selectman Musselman asked whether there was anyone from the Conservation Commission to speak to the issue. There was none. He then opened the public hearing. He said that he saw a $10,000 check from Wallis Rd. properties in his packet. He asked why the Town had received that.

Cyndi Gillespie said that it was a donation that came back after closing. Editor’s note: The acquisition of the back part of the former Rand Lumber property from Wallis Rd. Properties, LLC closed on September 30, 2016. See Rockingham County Registry of Deeds, book 5757, page 2781.

Peter Crawford stated that he understood that the transaction price was increased from $1.25 million that the Selectmen authorized a couple of years earlier to $1.26 million. He said that he does not view the $10,000 as a gift at all. It’s sort of a rebate, he said. He said that he doesn’t understand what the $10,000 was for unless it was to allow the price to be increased to $1.26 million, that was not authorized. Editor’s note: See the minutes of the November 10, 2014 meeting, page 4, which says “[m]otion by Priscilla Jenness to approve the acquisition at 511 Wallis Road of 73.39 acres of land in the amount of $1,250,000 as proposed by the Conservation Commission. Seconded by Joseph Mills. All in favor.” Mr. Crawford said that, if they view this as a gift, the Conservation Commission spent $10,000 more than the Board of Selectmen authorized, which is a problem.

Selectman Musselman said that the reference is to unrestricted funds, not a gift. Ms. Gillespie passed a piece of paper to Selectman Jenness, who indicated that a “donation” was referred to.

Mr. Crawford said that the effect was to give Conservation $10,000 that wasn’t in their budget and wasn’t passed by voters. Selectman Musselman agreed that it didn’t sound right. Ms. Gillespie confirmed that $1.26 million appeared on the closing statement. Mr. Magnant was unable at that time to confirm that $1.25 million had been the amount approved. Selectman Musselman said that it was a little disturbing as it could have been $100,000 more. We need to find out what happened, he said. More input from the Conservation Commission is needed, he said. He decided that the public hearing should be suspended. The motion to do so carried unanimously.

Minutes (86:13 elapsed)

There was discussion as to whether Mae Bradshaw had used the word “economical” at the prior meeting. Selectman Musselman said that he thought that the reason for opposing an extension of more than 20 feet was architectural, not that a smaller building would cost less. Selectman Jenness said that the lower cost was mentioned, but was not the major reason. It was suggested that the word be changed to “aesthetic,” but then it was decided that the sentence should be removed. Editor’s note: See the notes of the October 12, 2016 meeting and the video at 6:35 elapsed. In fact, Ms. Bradshaw had used the word “economical.” She asserted that grants would only be available if the addition was subservient.

The minutes of the October 12, 2016 were unanimously approved with changes, including that one.

Town Clerk/Tax Collector budget (89:20 elapsed)

Town Clerk Donna Decotis came up and sat at the table. In response to a question from Selectman Musselman, she said that the budget had been revised to provide for a two percent salary increase.

There was discussion about fewer dogs in town. It appeared that there are fewer licensed dogs in town. Selectman Jenness complimented Ms. Decotis on the graphs.

Town Finance Director Cyndi Gillespie stated that the first Petitioned Warrant Article had already been received, on the leashing of dogs. Editor’s note: See the notes of the September 12, 2016 meeting at which the controversial dogs on the beach issue has returned (after being highly contentious at the 2009 Deliberative Session) after a woman was knocked over, and knocked unconscious, by an unleashed dog on the beach. Selectman Musselman noted that there were 150 fewer licensed dogs, the number of dogs having peaked in 2012. Ms. Decotis stated vets are sending them rabies certificates by fax. They have noticed that many of the dogs are not in the system. Letters are now being sent to the owners of the unmatched dogs and people are coming in to pay for dog licenses.

Selectman Musselman asked why there were 240 more tax bills. He questioned whether the increase over the last two years could be due to new subdivisions. Selectman Musselman said that he knew of 20 or 30 new houses. Selectman Jenness also questioned the number.

The discussion returned to the rabies certificates and the dogs. After Ms. Decotis indicated that a possible explanation was dog owners that move out of town, Selectman Musselman compared it to the situation with voters. He said that we have so many voters that we must not have children in the community. Either that or the dogs are voting, he said. Ms. Decotis said that she cannot believe how many voters we have. She asked where they are living. There was discussion about the list being purged every six years. Ms. Decotis said that the system is statewide and that other towns may be picking up Rye voters. Editor’s note: As of the March 8, 2016 town election, there appear to have been approximately 5044 registered voters in Rye, as the results posted on the Town website indicate 1614 ballots cast, a 32 percent turnout. As of the 2010 census, Rye had a population of 5298 persons. According to the 2015 School District Annual Report, there are 443 students at Rye Elementary and Junior High Schools (of which 8 are from New Castle), and 195 Rye students attending Portsmouth High School (of which 60 are Seniors and may be over 18). It would thus appear that the number of registered voters in Rye exceeds the number of persons over 18. The statewide system automatically removes voters from the rolls when they register in a different New Hampshire town.

(96:00 elapsed)

Selectman Musselman noted that there is a request to increase the hours of the part-time employee in the Town Clerk’s office from 32 to 40 hours. He said that they had deliberated about that not long ago and the cost of going from 32 to 40 hours is huge. Editor’s note: That is because health and retirement benefits are required for full-time employees, whereas employees at or under the 32 hour threshold do not receive these benefits. He said that he is not willing to entertain that as there are other staff needs that are more critical. There are multiple proposals for new employees and part-time to full-time conversions. In almost all cases that does not make sense. He said that another part-time employee would be better. Selectman Musselman referred to an additional cost of $25,000 with not much of the increase being labor.

There was discussion about when the busy times occur in the Town Clerk’s office occur. Selectman Jenness suggested that, one day a week, an employee could start work late so that that the employee can keep the office open into the evening hours.

Ms. Decotis stated that the two full-time employees work 8:00 a.m. to 4:30 p.m., and the part-time employee works 10:00 a.m. to 2:00 p.m. on Tuesdays and Thursdays, and 8:00 a.m. to 4:30 p.m. on Mondays, Wednesdays and Fridays. Because of the election, the employee is working extra hours, she said.

Selectman Musselman asked about the drop in the wage line item. Town Finance Director Cyndi Gillespie said that the 2016 budget was based on Beth, Donna and Andrea. Donna is at the top of grade, but the two new people are at the first step of the grade. Editor’s note: Following the retirement of Beth Yeaton as Town Clerk, Donna Decotis, who had been the Deputy Clerk, was appointed Town Clerk by the Selectmen (through the March 2017 election) and the Assistant Town Clerk position was made part-time, as it had been until a year or two earlier. Andrea Morrissey resigned, her resignation letter stating that she would not accept a return to part-time status. New employees Wendy Bookholz and Amy Thibodeau were appointed Deputy Town Clerk and Assistant Town Clerk respectively. Beth Yeaton is continuing to fill in at the Town Clerk’s office. Ms. Gillespie explained that the positions relative to grade are why the wage line drops, however, the health insurance line is increasing. She stated that both the 2016 and 2017 budgets are for a full-time Assistant Town Clerk. Ms. Gillespie stated that she would need to redo the numbers as new employees pay a larger share of the health care premiums. Selectman Musselman noted that the Town Clerk’s Office is no longer open on Saturdays.

Selectman Jenness agreed with Selectman Musselman that the third position in the Town Clerk’s office should remain part-time, inasmuch as they know that an increase will be needed in the Building Inspector’s Office with Parson’s Creek. Editor’s note: A warrant article passed in 2016 requires periodic pumping of septic tanks within the Parson’s Creek Watershed, with the Building Inspector or his designee given the option of observing these pump outs. There are also reports required from property owners that need to be filed and tracked. Selectman Jenness mentioned tear downs and rebuilds. Planning Board approvals now often have Building Inspector follow-ups attached, she said. Selectman Musselman also noted that Public Works is proposing to add a staff member and that they are grappling with that.

There was discussion about a work session on Wednesday, November 2. The Budget Committee meeting is on Thursday, November 10.

Selectman Musselman moved that the matter be continued to November 2. All were in favor.

Red Mill Road culvert (104:00 elapsed)

Selectman Musselman said that there is a capital budget item of $150,000. There is some money left, but not enough to build a culvert. Public Works Director Dennis McCarthy stated that both culverts are going to be bid this year. One will be an additive alternate. This will be just to provide numbers as they don’t have the permits yet. They will be bid as concrete culverts. The idea is to tie up the funds that they have. The engineering is being done for both culverts, he said. He hopes to have the funds for at least one culvert encumbered this year. Editor’s note: Encumbrance is a way to set aside money appropriated by voters in a particular year so that it can be spent the following year. This generally requires that the Town enter into a binding contract for the work by the end of the year. Appropriations that are not spent by the end of the year otherwise generally expire and must be reappropriated the following year if the money is to be spent in that year. The culvert closest to Eel Pond is the smaller of the two and the least expensive and will likely be done first, he said.

Selectman Musselman said that, in the last discussion, he had been skeptical about the use of either steel or aluminum in a salt water environment. He asked whether the engineer had concurred. Mr. McCarthy indicated that the engineer had been more concerned about cost. The culvert would be good for 50, not 100, years. Mr. McCarthy said that he decided to have the culvert bid as concrete. It could always be changed later. Selectman Musselman asked about the elevation. Mr. McCarthy stated that they had a salt water issue with Abenaqui, and had not realized that salt water came up that far.

Selectman Jenness referred to the uniqueness of Eel Pond with a salt water and fresh water mix with unique creatures. Mr. McCarthy stated that it is almost a Dead Sea at this point. Mr. McCarthy stated that there is a dam now, but dam regulations are changing, which may require a change. There is a fixed weir plate there now which inhibits flushing due to silt accumulation. Selectman Musselman referred to previous discussions about having Eel Pond revert back to a salt marsh, which is what it had been. That had been floated in Rye Beach and there was a lot of opposition, he said.

Selectman Musselman asked about the possibility of bidding the project with concrete and without. Mr. McCarthy said that he would talk to “them” about that. It appeared to be agreed that the Town would try to bid the culverts both ways.

North Hampton/Rye Fire Consolidation Committee charge (113:24 elapsed)

Selectman Musselman stated that he thought the charge was fine. Town Administrator Magnant stated that North Hampton Town Administrator Apple had run the charge by the North Hampton Board of Selectmen and they had adopted it.

Selectman Musselman’s motion to adopt the charge carried unanimously.

Selectman Musselman stated that he would move that Selectman Mills be appointed to the Committee. There was laughter. Editor’s note: As indicated earlier in the meeting, Selectman Mills is still in the hospital. He has been missing Board of Selectmen meetings for several months.

Selectman Musselman then volunteered to serve on the Committee. He suggested that he, Town Administrator Magnant, Interim Fire Chief Tom Lambert and Fire Lieutenant Jake McGlashing be appointed to the Committee, unless the firefighters would rebel and want someone else. Chief Lambert said that he was unsure about their preference. Selectman Jenness made the motion read such that they would request that Mr. McGlashing join the group. All were in favor.

Asset Management Grant potential (116:21 elapsed)

Public Works Director Dennis McCarthy stated that the Town had been short-listed for a $30,000 asset management grant from the DES for storm water. He said that he is not completely sure what it is about. The engineers did the application, he said. It needs to be dropped into the budget. A lot of the work has been done as the hydrants and structures have already been input into the GIS system, he said. There was further discussion about the program.

Business attire policy (120:45 elapsed)

Town Administrator Magnant stated that Town Finance Director Gillespie had brought back a revised policy. There had been concern at Town Hall about the policy. The staff had rebelled over a four page policy and Ms. Gillespie had reworked it.

The motion of Selectman Jenness to adopt the policy carried unanimously.

Jenness Beach Bathhouse, decision to call Executive Councilor Chris Sununu (121:53 elapsed)

Editor’s note: See the Public Input section above for further background on the bathhouse issue.

Selectman Musselman suggested that they think about having the Town Administrator call Chris Sununu the following morning and express the fact that there is a great deal of concern about the scale of the bathhouse in terms of its height and massing. He said that the State had reacted to input and made changes, but left the building the same size.

Selectman Jenness stated that it appeared that the only people who had been informed about the decision were those who had been at the prior meeting on the bathhouse.

Selectman Musselman asked Police Chief Walsh his view regarding the safety issue.

Chief Walsh stated that he had met with Ryan McGill about the issue. The increase in changing rooms will allow his staff to tell people that there is room for them to be changing in an appropriate place. The dressing and changing at the seawall is inappropriate and detracts from the area. He would appreciate having the activity in a closed facility. The facility needs to be of a certain size to provide access to repair mechanical failures and to winterize the systems. The rest rooms need to increased based on the needs.

Selectman Musselman asked why it needed to be 25 feet high.

Chief Walsh stated that they are trying to stick with the architectural design of other bathhouses in Hampton and North Hampton. Selectman Jenness said nobody is going to notice that. Selectman Musselman said that Rye wants it to be less obtrusive.

There was discussion about the loss of parking spaces.

Selectman Musselman asked Chief Walsh whether his view was that the Selectman should stay out of the issue. Chief Walsh confirmed, saying that it is State property and their say. They did listen to the people and made changes. If the funds are not used now they will go somewhere else, he said.

Selectman Musselman stated that what is there now is horrible. Selectman Jenness agreed, but said that what is proposed is too big.

Chief Walsh spoke about the problem of indecent exposure with people from out of the area, and the fact that the new bathhouse would allow the lines to move faster. He said that people change on Perkins Rd. and on Ocean Boulevard in front of the Dunes. He as Chief has to go talk to them and ask them to use the rest room across the street.

Mr. Magnant stated that State Representative Tom Sherman had contacted him and wanted to know what was going on as some of his constituents had contacted him.

Selectman Musselman said that the building could be smaller and still accomplish the same objective. The footprint may need to be the same, he acknowledged, but it doesn’t need to be 25 feet high.

Mr. Magnant stated that he had understood that the budget was very tight, and that he cannot believe they oversized the building.

Selectman Jenness stated that it wouldn’t hurt to call and inform Mr. Sununu of the continuing concerns. Selectman Musselman concurred, and added that it is about the massing of the building.

Mr. Magnant quipped that he had had a staff meeting that day and that the staff wanted Selectman Musselman to go back to work on Mondays. There was laughter.

Adjournment (132:29 elapsed)

Whereupon the meeting adjourned at approximately 8:43 p.m.