NOTES OF NOVEMBER 28, 2016 RYE BOARD OF SELECTMEN MEETING

Final Revision B – Provided by the Rye Civic League

 

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

 

            Also present and sitting in the audience (or the hall outside):  Public Works Director Dennis McCarthy, Police Chief Kevin Walsh, Interim Fire Chief Tom Lambert.

Persons present from the public included:  Karen Allen, Victor Azzi, Mae Bradshaw, Peter Crawford, Paul Goldman, Jeanne Moynahan, Ned Paul, John Riley, Peter Reilly, Deb White, Ritchie White, 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 6:39:32 p.m. (0:00 elapsed).

 

Summary

 

1.      The total of major CIP Plan projects is now $12,397,000 after Recreation and culvert projects were added.

2.      The Parsons Creek Watershed Restoration Committee presented its final report.  A mandatory septic system inspection may be proposed at the 2018 Town Meeting.  Under the new pump out ordinance approved by voters in March, only about a third of Parsons Creek Watershed property owners have provided their last septic tank pumpout information as required, and at least five previously unknown (to the Town) holding tanks have been identified.

3.      Town Hall design/build bids are due December 8.  Written comments from former Town Hall Committee members will be due by December 22.  It appears that a warrant article for construction will likely be proposed for next year’s Town Meeting. 

4.      The Police Chief’s proposed amendment to the Beach Ordinance, to be presented at the 2017 Town Meeting, to require dogs on the beach to be leashed during the summer months was approved.  The Selectmen made a change to permit unleashed dogs, at times when dogs are presently allowed on town beaches, on Foss Beach. 

5.      Over $1 million in warrant articles and capital outlay items was approved.  Funding of capital reserves of $255,000 was approved, plus another $325,000 for capital expenditure warrant articles and $427,500 for Capital Outlay items in the budget that will not be separate warrant articles.

 

Sealing of minutes (1:02 elapsed)

 

            Following the call to order and the pledge of allegiance, the motion to seal the minutes of the non-public session just completed carried unanimously.

 

Announcements (1:49 elapsed)

 

            The annual Christmas parade on December 4, 2016 was announced.

 

Consent Agenda (3:16 elapsed)

 

            Both items (the 2017 meeting schedule and the 2017 holiday schedule) were unanimously approved.

 

CIP Plan continued public hearing (3:39 elapsed)

 

            CIP Committee Chairman Mae Bradshaw addressed.  The reference to the Pulpit Rock Tower was removed at the suggestion of Selectman Musselman.  New updates for capital outlays planned this year have been added for the scanning of town documents and the statistical update of assessments.  The total cost of the major projects has been adjusted upward to $12,397,000 due to Recreation and the addition of more culverts by Public Works, she said. 

            There was discussion about the lengthy process to put together the plan.  Selectman Musselman suggested that all of the detail could be done every other year. 

            Selectman Musselman repeated his objection from the prior meeting regarding the planned new $3 million Conservation Bond having payments due in 2017.  Editor’s note:  Even if the remaining $1.7 million of the existing Conservation Bond were drawn down and the new 2017 bond (planned for in the CIP at the behest of the Conservation Commission) also drawn down, the payments would not start until 2018 or 2019.  Selectman Musselman said that they have a decision to make in January regarding the proposed conservation warrant article.  There is the possibility that Town Hall, but not the conservation bond, would proceed.  He said that he is unsure about the timing of the Recreation Community Center which the CIP Plan assumes will be bonded in 2018, which seems fast. 

            Ms. Bradshaw stated that they take what the departments give them.  However, they came up with the price for the quint because they had been given a range. 

            Selectman Musselman said that both of them would probably slide.  Ms. Bradshaw stated that that is their recommendation.

            Selectman Musselman said that they had done a fine job and noted that minor revisions remain to be made.

 

(14:18 elapsed)

            Phil Winslow noted the $295,000 per year School Bond which will be paid off in 2017.  There is also a $97,000 Conservation Bond, which means $392,000 will be off of the tax rates.  The voters can be told that a $3 million Town Hall can be funded with no tax impact, he said. 

            Peter Crawford indicated that he had been looking at the School Budget.  Indeed there is a $295,000 bond that is being paid off.  However, there is also $92,000 in federal or state assistance that came along with that, so the net is only $200,000 savings to the School Budget.  Despite all of that savings, they are projecting a 55 cent increase in next year’s tax rate.  Town-wide, there are budgetary problems for next year that need to be addressed, he said.

            Secondly, while the culverts have now been included, there is no discussion about where the culverts are.  Ms. Bradshaw pointed out that this information is in an Addendum that is supposed to have been added in.  Selectman Musselman stated that there is a report that is available, although some of the projects have been reordered.  Mr. Crawford looked at the Addendum which Ms. Bradshaw showed him and said that it was “terrific.”

            Town Administrator Magnant thanked Ms. Bradshaw for the effort put in by the Committee.

            Selectman Jenness moved that the CIP Plan be accepted as presented pending additional minor changes.  All were in favor.

 

Minutes (19:18 elapsed)

 

            The minutes of the October 20, 2016 meeting were unanimously approved with changes.  The minutes of the November 9, 2016 meeting were unanimously approved without changes.  The minutes of the November 14, 2016 meeting were tabled pending further investigation.

 

Parsons Creek Watershed Restoration Committee Final Report (24:48 elapsed)

 

            Peter Reilly and John Riley, co-chairmen, were present.  Peter Reilly presented.  He stated that the Committee had had monthly meetings.  They came to the conclusion that there was no recognizable pattern to the contamination data.  Experts are needed to locate monitoring wells, so the decision on these was deferred.  There is a “mystery pipe” near Petey’s Restaurant that will be dug up.  It could be forming a short circuit for contamination.  A number of holding tanks have been identified.  Documentation of the pump outs of these is not occurring.  Storm drains can also form a short circuit, however it was determined that no additional testing is needed of these.

            A public sewer system was discussed.  The problems are not of a nature that that is required.  The engineering study would cost $90,000 to $130,000.  A sewer would be an extreme burden on taxpayers.  The voluntary response to letters will take a long time.  The town staff is stretched.

            There was discussion about an ordinance requiring a robust septic inspection on transfer of properties, with discussion of a requirement that these be done in Massachusetts.  Selectman Musselman pointed out that transfers within a family may be exempt in Massachusetts.  Mr. Reilly said that the Town Attorney believes that an ordinance requiring inspection on transfer is very doable.  Also to be considered is whether the ordinance should address permitting and enforcement of holding tanks.  Also, an additional sampling location, possibly at Awcomin Marsh, should be considered, he said.

            Selectman Jenness said that the problem has been lived with for many years.  She said that the plan will work as it neither requires something to be done tomorrow while also not postponing action indefinitely into the future.

            Victor Azzi asked about letters sent to 20 properties where septic issues are suspected, with only one response.  Selectman Musselman said that these were sent to the 20 most challenged sites.  Mr. Azzi asked whether the 20 locations were public knowledge.  Selectman Musselman said that the letters are public information.

            Selectman Musselman said that a lot of people had responded to the pump-out ordinance by providing information.  The presentation by Mr. Reilly referred to 227 of 630 property owners in the Parsons Creek Watershed having responded. 

            Mr. Azzi asked whether there would be something that can be voted on in March.  Selectman Musselman said that it would not happen that quickly.  New ground is being plowed.  Although the Selectmen can adopt an ordinance pending Town Meeting approval, such a decision would be weighty.  The earliest date for an ordinance vote would be March 2018.  The ordinance is probably within the town’s authority, but there is a question of whether enabling State legislation would be required.  The devil is in the details, he said.

            Selectman Musselman pointed out that a couple of failed septic systems had been found and five to six holding tanks identified.  The holding tanks were approved on a temporary basis by New Hampshire DES, but without a sunset date.  Reporting was required, but not enforced.  The Building Inspector is checking these out one by one.  So far one of the six has been done.

            Selectman Jenness asked how a temporary holding tank permit could be grandfathered.  Selectman Musselman said that there was no end date.  These are decades old, he said. 

            Deb White asked about differentiation between commercial and residential systems.  Mr. Reilly indicated that the recommendations include a suggestion that validation for commercial sites should be more frequent.

            Peter Crawford expressed surprise that only 227 of 630 property owners in the watershed had reported to date.  He said that he had reported.  Selectman Musselman said that property owners have three years to report.  Mr. Crawford said that, as he recalls the ordinance, information must be provided right away as to when the septic tank was last pumped.  Editor’s note:  See http://www.town.rye.nh.us/Pages/RyeNH_Building/Pump Out Ord Final.pdf, paragraph 5(C), which requires that those property owners who have had their septic tanks pumped out within three years prior to the effective date of the ordinance provide the building inspector with documentation.  Mr. Crawford said that it looks like almost two thirds of the properties have not provided information.  Peter Riley noted the short staffing in the Building Inspector’s office.  One of their recommendations is to provide him with additional help.  He referred to fines.

            Mr. Crawford said that he believes that there is a fine in the ordinance.  Selectman Musselman agreed, but said that those having pumped within the past three years have up to two more years to have their septic tanks pumped.  No one is out of compliance, yet, he said.  Peter Riley disagreed, saying that they are supposed to let the town know when the septic tank had last been pumped out.  If that was not during the past three years it would have to be pumped out immediately, he said.  Selectman Musselman said that he stands corrected. 

            Mr. Crawford said that he understands the short staff, but suggested that letters be sent to the approximately four hundred people who have not responded.  Those should be pretty easy to crank out with a word processor, he said.  Selectman Musselman said that they would look into that. 

            Ritchie White asked whether the Committee would be continuing, as there are still issues to be addressed, he said.  Selectman Musselman said that the Committee “turns into a pumpkin in March.”  The Committee’s recommendation is that a follow-on Committee be appointed, he said.

 

Budget Committee membership (57:43 elapsed)

 

            Selectman Musselman said that the issue had been raised at the last Board of Selectmen meeting regarding the fact that Mr. Crapo had been appointed as a representative to the Budget Committee by the Rye Beach Precinct although he is not a Commissioner of that Precinct.  Editor’s note:  See the notes of the November 14, 2016 meeting where Peter Crawford raised the issue as to Shawn Crapo, who was formerly a member-at-large (i.e. elected by all voters of the town), but lost his bid for reelection in March 2016.  In addition to members-at-large, who are elected by the town voters each March, the Board of Selectmen, the School District, the Rye Beach Village District, the Jenness Beach Village District and the Rye Water District, as village districts wholly within the town, are each entitled to one representative on the Budget Committee pursuant to N.H. Rev. Stat. Ann. (“RSA”) 32:15, I(b).  Shawn Crapo’s father, Randy Crapo, serves on the Budget Committee as a representative of the Jenness Beach Village District, however, he is a Commissioner of that District.  Although not stated, Selectman Musselman was referring to Shawn Crapo.  There was a question as to whether he needed to be a precinct commissioner, Selectman Musselman said.  “We have a legal opinion from our attorney that indicates, clearly, that the appointment by the Rye Beach Precinct of someone who is not a commissioner, as their representative to the Budget Committee is appropriate.  He also noted that what the Selectmen have been doing is inappropriate.”  We have, for a number of years, had an alternate, but have not taken a vote on that, Selectman Musselman said.  He said that, later in the meeting, they would appoint Selectman Jenness as an alternate to the Budget Committee. 

            Peter Crawford asked whether he could obtain a copy of the opinion.  Selectman Musselman said “we don’t give out legal opinions.  We never have.”  He then corrected himself to say that they don’t usually give them out. 

            Mr. Crawford said that an opinion had been provided with regard to the ZBA about four years earlier.  Selectman Musselman said that they would pose the question of the Town Attorney.  Editor’s note:  In March 2012, Warrant Article 28 passed 1013-296.  That provided for election of ZBA members by the voters rather than appointment by the Selectmen.  Notwithstanding this, shortly after the election, the Board of Selectmen sought to appoint two members to three year terms, basing their authority on an opinion from the then (and current) Town Attorney that they could continue to do so for another year.  Mr. Crawford and Mae Bradshaw wrote letters to the Board of Selectmen disputing this legal position.  While the Selectmen appointed one member, the second member was never appointed.  The appointed member resigned without having even attended a single ZBA meeting after the 2012 election and the ZBA operated using alternates until after the March 2013 election.

           

Town of Rye organizational chart (60:03 elapsed)

 

            Selectman Musselman said that this has been needed for some time.

            Town Administrator Magnant stated that the chart shows the chain of command, not information flow.  Town Finance Director Cyndi Gillespie had put it together. 

            Selectman Jenness wondered why the Treasurer was isolated.  Ms. Gillespie stated that the Recreation Commissioners, the Town Clerk/Tax Collector and the Treasurer are elected and do not report to the Board of Selectmen.  Mr. Magnant said that the Library Trustees, Sewer Commissioners and Cemetery Trustees are also elected. 

            Selectman Musselman asked whether the two assistants to the Town Clerk/Tax Collector come under the Town.  Mr. Magnant said that the Board of Selectmen is in charge of hiring the staff of the Town Clerk/Tax Collector.

            Selectman Musselman said that the Conservation Commission, Planning Board and Zoning Board of Adjustment are not addressed.  These are separate but draw on town staff.  The Conservation Commission often acts like they do not have access to town staff, but they do, he said.

            Paul Goldman asked what the purpose of the organizational chart is.

            Selectman Musselman said that he had raised the question of reporting as to Recreation Director.  She reports to both the Recreation Commission and the Town Administrator, depending on what the question is, he said. 

            Selectman Musselman said that he would be happy if some information on Boards and Commissions is added.

 

Beach cleaning contract renewal (69:24)

 

            Town Administrator Magnant said that he is looking for the green light.  The contract expires in March 2017 and the State takes time to respond.  Selectman Jenness asked about the status of the beach cleaning machine.  Public Works Director Dennis McCarthy said that the town requests that necessary parts from the State and the town installs them.

            Mr. Magnant stated that the State is committed to acquiring a new rig in the next three years. 

            Mr. McCarthy said that this is a 50/50 deal for the town.  We do their two small beaches, he said. 

            Selectman Musselman said that he is in favor.

 

Town Hall contract bid review process (72:11 elapsed)

 

            Selectman Musselman said that the design/build proposals are due December 8.  Editor’s note:  See the notes of the September 26 and October 12, 2016 meetings.  The town is obtaining, at no cost to the town, design/build proposals for the construction of a single streamlined Town Hall on the current site.  Two options, with costs, will be provided:  renovation of the existing building with an extension and tear down and rebuild of a replica.  The proposals will need to be reviewed in short order and a decision made on how to proceed with Town Meeting, Selectman Musselman said.  He suggested that an Adobe pdf file be e-mailed to all previous Town Hall Committee members.  Comments could then be returned by e-mail by December 22.  Written responses are better.  In the first two weeks, the focus should be on the proposals, not which option is preferred.  That will be addressed at the next meeting in January. 

            There was discussion about a special Board of Selectmen meeting being needed in January in order to meet the deadlines for placement of a warrant article and a public hearing. 

            Selectman Musselman said that, at the December 27 Board of Selectmen meeting the proposals and comments would be discussed.  Input is needed from town staff on the space layout, to be wrapped up by the 22nd.  The design is not cast in stone.  Before or after March there can be discussions about moving things around.

            Victor Azzi asked whether there was an indication as to how many proposals would be received.  Selectman Musselman said that invitations to bid had been sent to the same four firms that were short listed last time.  Two have said that they are not interested.  One team was “trooping through the building.”  They have not heard from the fourth firm.  There may be only one proposal, he said.

            In response to a question from Mr. Azzi, Selectman Musselman said that he shouldn’t identify the firm.

            Town Finance Director Cyndi Gillespie said that the timing is tight.  There is a Board of Selectmen meeting on January 9 and January 10 is the last day to post for a public hearing on a bond which must occur no later than January 17.  That led to discussion on whether there would be a number on the 10th.  Mr. Magnant said that there should be a number by the 17th.  Selectman Musselman said that they could be working on the warrant article beforehand.

            Selectman Musselman asked about the date for petitioned warrant articles.  Ms. Gillespie stated that these are due by January 10. 

 

NHDES Requirement for Sampling PFCs/PFASs at Contaminated Sites (82:12 elapsed)

 

            Selectman Musselman said that everyone in New Hampshire who deals with ground water monitoring received notice from DES this week that they will require sampling for these substances at all lined and unlined landfills, starting in 2017 or 2018 at the latest.  There are two sites in Rye that will require this.  A budget addition will be needed, he said. 

            Selectman Musselman said that his firm does the sampling on a pro bono basis.  Eastern Analytical analyzes and CMA interprets the data, he said.

            Selectman Musselman said that the Breakfast Hill landfill was operational from the early 1970s through the early 1980s and has been monitored for years.  There has been some contamination down gradient.  At the request of NHDES a zoning overlay district was put in place prohibiting private wells in the affected area.  The new sampling will also need to be done up gradient as these contamination may arise from atmospheric deposition.  If high levels are found in both directions the landfill may not be the source, he said.

            The cost is $1000 per sample, he said.

            He said that the second site is the Grove Rd. Landfill, which is an old, open burning dump used until the early 1970s.  He said that hits there are not expected.  The wells in the area have been monitored for over 15 years and no VOCs have been shown.  Editor’s note:  VOC refers to volatile organic compound.

            Selectman Musselman said that there are more wells on each site than are regularly sampled.  He said that his firm monitors 25 sites in various communities.  The Rye sites are among the lowest impact in New Hampshire.

            It was ascertained that the DES letter is dated November 22.

            Ritchie White noted a 12 parts per trillion level detected at the Garland Rd. well.  New Jersey is now requiring treatment when the level reaches 14 parts per trillion.  He acknowledged that the EPA and State standard is 70 parts per trillion.  However, the New Jersey standard must have some basis, he argued.  Mr. White suggested testing all of the wells around the Garland dump.

            Selectman Musselman disagreed.  There are not as many monitoring points there.  Rye taxpayers should not be required to pay for more than DES requires.  Contamination can come from atmospheric deposition, he said. 

            Mr. White argued that the wells other than the Garland well would be showing contamination if the source was airborne.

            Selectman Musselman argued that these other wells are likely bedrock wells and gathering water from a different source.

 

Proposed dogs on beach leash requirement (93:18 elapsed)

 

            Police Chief Kevin Walsh said that he is proposing an ordinance change to require dogs to be leashed while on the beach during the summer.  The leash could not be longer than six feet.  Chief Walsh referred to a complaint by a woman knocked down into the water by a dog at the beach.  Editor’s note:  See the notes of the September 12, 2016 meeting. 

            Chief Walsh provided data on the number of dogs observed.  On July 1, from Wallis Sands State Park to Concord Point, 15 unleashed dogs were observed.  On the July 4 weekend there were 30 dogs observed.

            Chief Walsh said that leashes would be required from Memorial Day to Columbus Day. 

            In response to a question from Selectman Musselman, Chief Walsh confirmed that there would be no change to the times when dogs are prohibited from the beach entirely. 

            Selectman Musselman suggested that dogs be allowed unleashed on Foss Beach, but not between 9:00 a.m. and 7:00 p.m. when dogs are prohibited on town beaches.  Chief Walsh opposed, arguing that there would be difficulty in educating dog owners when complexity is added. 

            Selectman Jenness noted that owners of Labs and Retrievers need to practice throwing balls in the water and having their dogs retrieve them.

            Selectman Musselman cautioned that the ordinance would be changed at the Deliberative Session so that leashes can be virtual. 

            Selectman Musselman said that, for hundreds of people, taking their dogs to the beach is a major joy in life. 

            Selectman Jenness referred to contamination problems that are dog related.

            Selectman Musselman said that, if the ordinance is changed at the Deliberative Session, the Selectmen could adopt a leash law in May. 

            Selectman Musselman suggested that the proposed ordinance not apply to Foss Beach as an accommodation. 

            Selectman Musselman asked about language referring to a notice of forfeiture.  He asked whether that referred to the dog.  Chief Walsh said that he wanted the Town Attorney to look at this as the Animal Control Officer is not a Police Officer.  A regular officer is needed in order to issue the ticket.  Selectman Musselman said that the town wants the owners’ money, not their dogs. 

            There was a brief discussion about the $1000 fine in Kensington for littering.

            Selectman Musselman said that he has two dogs.  He used to walk them at Odiorne.  After that was prohibited, it took a decade to get him out.

           

Rescission of Fire Ordinance (120:21 elapsed)

 

            Town Administrator Magnant said that this was outdated and last revised in 1990.  It refers to a Board of Fire Wards.  There has not been a Deputy Chief since I have been here, he said.

            Selectman Musselman suggested that the detailed text not appear on the ballot.  He is receiving many complaints about it being too long, he said.

 

Possible change to Veterans Tax Benefit (123:26 elapsed)

 

            Town Administrator Magnant said that there had been a change in the State statute.  It would now be possible to offer the tax benefit to any veteran, not just those having served in a war, he said.

            The question arose as to the cost.  Mr. Magnant said that there are formulas for estimating on the administrators list serve.  Our assessor has estimated a cost of $77,000, he said.

            Selectman Jenness questioned how an estimate could be done as the town has no list of veterans.  Mr. Magnant stated that it is a complex estimate.

            Selectman Musselman said that they should continue to monitor the situation and find out the details.

 

Capital reserves, $255,000 (129:26 elapsed)

 

            Town Finance Director Cyndi Gillespie referred to a request for a $75,000 addition to the Highway Capital Equipment Reserve fund. 

            With regard to the Employee Leave Fund, Ms. Gillespie reported a liability of $425,515 and a balance of $117,372, which will be increased to $167,372 next month.  Editor’s note:  This increase apparently reflects the funds voted in March 2016.  That is $45,385 short of the 50 percent recommended, she said.

            Selectman Musselman asked about the time line for use of the funds in relation to employee ages.  Ms. Gillespie stated that the liability will drop as people leave over the next three years and are replaced by others with smaller vacation balances.

            The motion to approve $130,000 which also includes $5000 for the Library Maintenance Fund carried unanimously.

            Ms. Gillespie then addressed the Municipal Buildings Fund.  There will be $63,450 in that fund after the $25,000 voted this year is transferred in.  That has been an annual amount.  However, nothing was pulled out of the fund this year, she said. 

            Selectman Musselman initially said that the issue should be revisited.  We may be left with the existing Town Hall after March.  If the warrant article gets 59 or 40 percent there will need to be funds available to do something to this building, he said. 

            Ms. Gillespie suggested a contingent warrant article to set aside money to replace the siding if the Town Hall warrant article does not pass.  Town Administrator Magnant referred to the need for boiler replacement.  Public Works Director Dennis McCarthy referred to the need to make the Town Hall ADA compliant.  Ms. Gillespie stated that, if $25,000 is added to the fund, it cannot be spent until the following year.  A decision was made to increase the $130,000 just voted to $155,000 to provide $25,000 for the Municipal Buildings fund.

            Ms. Gillespie then stated that it has been probably ten years since money was added to the Records Restoration Reserve.  There is currently $11,000 in the account.

            With respect to the Fire Truck Reserve, Ms. Gillespie stated that $100,000 was voted to be added this year, which will bring the balance to $254,000.  Interim Fire Chief Tom Lambert stated that a quint replacement is planned for next year.  A used one would be $450,000 to $500,000, and a new one $800,000, he said. 

            After Selectman Musselman said that continued funding at the $100,000 level is needed, the approval was increased to $255,000 to reflect the additions for the Municipal Buildings Fund and the Fire Truck Fund.

 

Other warrant articles, $325,000 (143:57 elapsed)

 

            In response to a question from Selectman Musselman, Public Works Director Dennis McCarthy confirmed that $125,000 should be sufficient to complete the paving of Shoals View Drive.  Editor’s note:  See the notes of the November 14, 2016 meeting and the minutes of the June 7, 2016 site walk.  This road was determined to be a town road that was never paved, although at one point it was tarred.  The residents in the area have sought to have the road paved due to dust and other issues.  The cost is high due to the need to remove ledge.

            There was discussion about using $25,000 in the Salt Shed Reserve to do a Slat Shed design.  A warrant article will be required.  The balance is $107,000 which has been sitting there for awhile.  The $25,000 will be used for design. 

            There was discussion about a six wheel dump truck for a cost of $175,000, to be withdrawn from the capital reserve.  That will be presented on the 27th, Ms. Gillespie said.

            There was discussion about the amount spent on the Wallis Road Culvert.  Ms. Gillespie said that the balance is $270, not $270,000.  Mr. McCarthy said that the amount spent has been within $2000 of the appropriation.  He and Ms. Gillespie agreed that the amount spent had come from the encumbrance which is the reason for discrepancies in the numbers.

            There was also discussion about the Red Mill Ln. culverts.  Mr. McCarthy said that there was a Red Mill appropriation last year and one is proposed for this year.  Editor’s note:  He apparently is referring to 2016 and 2017.  Mr. McCarthy said that the warrant article approved for this year is for $125,000.  Editor’s note:  2016 Warrant Article 7 is actually for $150,000 for replacing one or both culverts.  Ms. Gillespie stated that the cost of continuing the Red Mill Ln. culverts will be in the Capital Outlay account.  Mr. McCarthy stated that they will be going out to bid this week.  Selectman Musselman questioned the figures. 

            The motion to approve a total of $325,000 for the above items carried unanimously.

 

Capital outlay, $427,500 (149:21 elapsed)

 

            Ms. Gillespie referred to $150,000 for the Red Mill Ln. culverts plus $25,000 for the Harbor Rd. bridge re-decking.  The Salt Shed and Shoals View Drive will be warrant articles, she said.  Mr. McCarthy referred to $30,000 for storm water asset management and $5000 for an overhead door replacement. 

            Selectman Musselman asked what the $10,000 was for codification.  Mr. Magnant said that it is hiring a company to compile all of the town ordinances that have been passed.

            Selectman Musselman referred to $60,000 for the statistical update of assessments and $60,000 for scanning of the Building Inspection files.  Mr. Magnant stated that that is a “ballpark” number.  There is another meeting tomorrow.  The problem is getting them to commit to a figure for the scanning of large maps. 

            Selectman Musselman asked about the recommendation that Recreation do a heated garage.  He asked whether that could be done out of the revolving fund and whether that was what the $17,500 was.  Ms. Gillespie stated that Recreation has $15,000 in Capital Outlay from the revolving fund and another $17,500 from the General Fund. 

            Recreation Director Lee Arthur said that “they” had just met and they also want to propose a warrant article.  Editor’s note:  She was apparently referring to the Recreation Commission.  After the Selectmen reviewed the report regarding facility needs, the following week the Recreation Commission looked at it.  They accepted the report but will formulate a letter outlining what they agree with and what they do not.  Ms. Arthur said that there are three Capital Outlay items.  Two are funded through the Recreation Revolving Fund and one from the donation account.  The $17,500 is for drainage. 

            Selectman Musselman asked whether they would be proceeding with the heated garage this coming year.  Ms. Arthur said that she did not know.  At the meeting, the Recreation Commission expressed concern that the garage would be “piecemeal,” she said. 

            Ms. Arthur continued, saying that the Recreation Commission is looking at proposing $80,000 for a warrant article, $40,000 of which would be matched from the revolving fund.  Rather than spend all of the $250,000 needed for engineering and design, they want to use the $80,000 warrant article to ensure that there is public support.  This would allow that to be done quite quickly.  If it all came out of the revolving fund it would not gauge such support. 

            Ms. Arthur referred to $5000 for a site plan, which is one of the recommendations from the Facilities Need Committee.  It is more of an engineering plan for the area, she said. 

            Ms. Arthur then asked Police Chief Kevin Walsh whether he would be proposing a warrant article for Recreation Area parking.  Chief Walsh confirmed, saying that it had slipped his mind.  Ms. Arthur said that it had been put in place on an interim basis this year. 

            Ms. Arthur referred to the guard rail and the fence which are recommendations of the town’s insurer, Primex, for $10,000 and the drainage project to come from the donation account.  Editor’s note:  Apparently the total is $27,500, $5000 for the site plan, $10,000 for the guard rail and fence, a total of $15,000 to come from the revolving fund, and $17,500 for drainage to come from the donation account.

 

(157:36 elapsed)

            Selectman Musselman asked about $10,000 for the Safety Building.  Ms. Gillespie referred to wood rot. 

            Selectman Musselman asked about town wide computers.  Mr. Magnant said that that was the $10,000 for the normal rotation.

            Selectman Musselman asked about $49,000 for the Fire Department.  Ms. Gillespie said that that was for the new radio program.  Originally the program was $97,000 according to Interim Fire Chief Tom Lambert.  It is being phased in with a four year program, Ms. Gillespie said.

            Selectman Musselman asked how the cost of the radios increased to $120,000.  Chief Lambert said that there were concerns about replacing all of the radios at once.  When a phased approach was taken, all of the communications needs of the Department were taken into account, he said.  Mr. Magnant said that the prior program had been only for the mobile and portable radios.  Now the base station is included as well, he said.

            In response to a question from Selectman Musselman, Mr. McCarthy confirmed that, with respect to storm water management, there is a grant coming for $30,000.

            Selectman Jenness moved to approve the bottom line of $427,500.  All were in favor.  Editor’s note:  It appears that there is approximately $80,000 in expenditures not discussed above  that were also approved as part of the overall Capital Outlay budget. 

 

Police cruiser Capital outlay from outside detail fund (160:18 elapsed)

 

            Ms. Gillespie said that this budget is being brought back to the Board of Selectmen as the capital outlay, which is the cruiser, had not been addressed.  That is going to be funded from the outside detail fund.  That is for $46,841.

            Selectman Musselman asked whether that is for an SUV.  Police Chief Kevin Walsh said that the current town police vehicles will no longer be made by 2019 or 2020.  The vehicle being looked at is the Ford Explorer SUV, which most police departments are going to.  Three officers are about six feet tall and this is about the only vehicle that will accommodate them.  The vehicle is medium to high performance and mechanically it is holding its own, he said. 

            The motion to approve the revised budget of $124,341, with the capital outlay, carried unanimously.

            Ms. Gillespie pointed out that Recreation Revolving account had $15,000 transferred into it from another account.  All were in favor of the motion to approve the additional $15,000.

            Recreation Director Lee Arthur pointed out that, in the past, disbursements from the donation account have not had to be appropriated.  Finance Director Cyndi Gillespie stated that these expenditures need to be appropriated so that the money can be spent, however the cost will be offset so it does not affect taxpayers. 

 

Appointment of Selectman Jenness as a Budget Committee alternate (164:41 elapsed)

 

            The motion was made by Selectman Musselman to appoint Selectman Jenness as an alternate to the Budget Committee.  He asked whether there was a second.  Selectman Jenness seconded, saying that she was the only one left.  All were in favor.

 

Beach smoking provision and applicability to recreational marijuana (165:09 elapsed)

 

            Police Chief Kevin Walsh pointed out that there had been a beach smoking resolution that was put in place in 2014.  The officers are concerned since both Massachusetts and Maine have approved the recreational use of marijuana.  A foundation needs to be put in place in case New Hampshire follows suit.  He proposed that a town ordinance be put in place prohibiting all smoking on beaches. 

            Selectman Musselman asked whether Foss Beach could be excluded.  There was laughter.  Editor’s note:  See earlier in these notes here.  Foss Beach was excluded from the proposed beach dog leash ordinance. 

            Chief Walsh said that it would not make sense to be ticketing someone on the beach for violation of the open container law while the person next to them is smoking marijuana. 

            Selectman Musselman said that that was a good idea.  Selectman Jenness agreed.  Chief Walsh confirmed that there is no smoking at State beaches.

 

Adjournment (167:25 elapsed)

 

            Whereupon the motion to adjourn the meeting carried unanimously and the meeting adjourned at approximately 9:27 p.m.