NOTES OF DECEMBER 12, 2016 RYE BOARD OF SELECTMEN MEETING

Final Revision C – 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: Public Works Director Dennis McCarthy, Planning and Zoning Administrator Kim Reed, Police Chief Kevin Walsh.

Persons present from the public included: Victor Azzi, Peter Crawford, Joe Cummins, Burt Dibble, Mae Winslow, 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 6:33:38 p.m. (0:00 elapsed).

Summary

1. The Selectmen refused to release an opinion of the Town Attorney that, they assert, permits Shawn Crapo to continue to serve on the Budget Committee as a representative of the Rye Beach Village District, even though he is not a Commissioner of that District.

2. The plan for the Emergency Planning Zone evacuation was approved, notwithstanding an assertion by Selectman Jenness that it had some aspects of martial law.

3. The design/build proposal for Town Hall was received from Hutter, the sole bidder. The bids were approximately $2.9 million for a renovation and small addition, and approximately $3.1 million for a tear down/rebuild of a very similar building. Additional “soft costs” would need to be borne by the Town.

4. Cooperation with North Hampton on two issues was discussed. The Fire Chiefs of North Hampton and Rye will be reporting back in the Spring on a plan to share a ladder truck. A traffic and impact report is due in September on the possibility of allowing North Hampton residents to use the Rye Transfer Center for an annual fee.

5. An $80,000 warrant article to advance the Recreation Community Center was approved.

Announcements (1:16 elapsed)

Selectman Musselman announced the closing of town offices on Monday, December 26, 2016.

Sealing of minutes (1:19 elapsed)

The motion of Selectman Jenness to seal the minutes of the non-public session just concluded carried unanimously.

Public comment: Budget Committee membership (1:43 elapsed)

Peter Crawford handed out to those at the front table a document from the NHMA (i.e. New Hampshire Municipal Association) that he said he had neglected to bring to the Budget Committee meeting. He stated that he believed that they had reached the opposite conclusion to that of the Town Attorney. Editor’s note: The document is available at http://www.francestown-nh.gov/Pages/FrancestownNH_BComm/Basic Law of Budgeting 2015-16.pdf. See pages 55 and 56.

Selectman Musselman said that they would pass the document along.

Mr. Crawford asked about the status of the release of the Town Attorney’s opinion.

Selectman Musselman said that they do not release legal opinions and that they were not going to release this one.

Joe Cummins stated that, while he agrees with the opinion, he disagrees that the citizenry should not be allowed to avail themselves of the rationale. It is not a case of a lawyer giving advice, but it goes to the heart of democracy, he said.

Minutes (3:48 elapsed)

The minutes of the November 2, 2016 meeting were unanimously approved without changes. The minutes of the November 14, 2016 meeting were unanimously approved with changes. The minutes of the November 28, 2016 meeting were unanimously approved with changes. The minutes of the non-public session of the same day were unanimously approved without changes.

Natural Hazard Mitigation Plan Public Hearing (10:11 elapsed)

Planning and Zoning Administrator Kim Reed addressed. She said that changes had been made with input from the Board of Selectmen over the summer. FEMA has also made changes. She hopes that the Selectmen will accept the new document.

Selectman Musselman asked why the HVAC system for the Library appeared as a hazard mitigation item. Ms. Reed stated that there might be grants available due to possible use of the Library during storms.

There was no public comment and the motion to approve and adopt the plan carried unanimously.

Emergency Planning Zone (“EPZ”) Plan approval and adoption (14:41 elapsed)

Selectman Jenness noted that the document contains a lot of acronyms.

Selectman Musselman said that the language used in the document reminds him of Al Haig, who claimed that he was in charge when he was not. Editor’s note: This is an apparent reference to Chief of Staff Haig having said “…I am in control here, in the White House” following the 1981 assassination attempt on President Reagan. Selectman Musselman stated that the Chairman of the Board of Selectmen is not legally empowered to make decisions. Editor’s note: The Board of Selectmen, like other public bodies, may act only through a vote of a majority of its members. Selectman Musselman stated also that Town Administrator Magnant also has no authority except that which is given to him minute by minute. He suggested that the reference should be to the Town Board of Selectmen rather than the Chairman. He also stated that Police Chief Kevin Walsh has authority to take action and that it should not be put on the Board of Selectmen or the Town Administrator.

Police Chief Kevin Walsh stated that he is unable to authorize the spending of money without the Board of Selectmen’s approval. Selectman Musselman agreed.

Selectman Jenness stated that the plan almost provides for martial law.

Selectman Musselman referred to communication with Homeland Security.

Selectman Jenness asked about the amount of time that would be needed to evacuate the area.

Chief Walsh stated that it would be significant, but that it had never been tested. He does not believe that the government could tell people that they must leave.

Selectman Musselman argued that the Governor could.

Selectman Jenness asked how much of this material would be released to the public.

Chief Wlash stated that, once approved, he and Planning and Zoning Administrator Kim Reed can discuss.

Ms. Reed stated that the last EPZ Plan is on the Town website.

Selectman Musselman moved to approve the radiological emergency response plan.

Selectman Jenness asked that the second page of the document list the meanings of the acronyms used.

All were in favor of the motion to approve.

Enforcement action regarding signs at 165 Sagamore Rd. (31:08 elapsed)

Selectman Musselman noted that the kickoff of the Patriots game would be at 8:30 p.m. and that the meeting would need to conclude before then. He said that this had been requested by Selectman Jenness.

Town Administrator Michael Magnant stated that the Building Inspector had issued citations for three violations in the last 15 months, however these are being ignored. He suggested that a letter be issued to warn of a possible fine if there is a fourth violation. This was agreed.

Stormwater Management Collaborative Compliance Project, $2000 (26:14 elapsed)

Public Works Director Dennis McCarthy described. He stated that the organization is seeking $2000 from each community, independent of size. Their assumption is that ten communities will participate. He has been holding $2000 in drainage funds that could be used to provide a contribution.

Selectman Musselman said that the Southeast Watershed Alliance had been spending lots of money that they had obtained through grants. He stated that he does not want to participate with them. He also noted that thirteen of the communities on the list are clients of his, with ongoing projects.

The motion of Selectman Musselman to allow the expenditure of $2000 to join the organization carried unanimously, with Selectman Musselman adding the proviso that the Town was not becoming part of the Southeast Watershed Alliance.

North Hampton use of Transfer Station and first meeting of Fire Consolidation Working Group (43:17 elapsed)

Selectman Musselman said that the Working Group had had its first meeting at the North Hampton Town Hall. The Fire Chiefs have been tasked with reporting back in the Spring. There is talk about sharing a major piece of equipment for which there is an imminent need in both towns. Editor’s note: See the video of the December 1, 2016 meeting at http://townhallstreams.com/locations/north-hampton-nh/events/36564/north_hampton_nh. The discussion was with regard to the sharing of a ladder truck.

Selectman Musselman said that at the end of the meeting there had been discussion about use of the Transfer Station. North Hampton provides drop offs for recycling and yard waste, but tells everyone to hire a hauler for everything else. Waste Management and a small hauler also active in Rye are the options. If Rye is to consider allowing North Hampton to use the Transfer Station, this would be allowed on Wednesdays and Thursdays only. This might be limited during the first year. The cost of the stickers would be greater than the cost of the service. The Town Attorney was of the opinion that offering this service would require a town vote. The question would be whether this should be floated as a warrant article this year, or whether they should wait until 2018 when it could be presented as part of an overall plan for coordination, he said.

Selectman Jenness said that she is not crazy about allowing North Hampton residents to use the Transfer Center. A public hearing would be needed before this could move forward. She said that she does not know how the employees at the Transfer Center would have time to check the stickers.

Selectman Musselman agreed that a public hearing would be necessary.

Public Works Director Dennis McCarthy suggested that a counter could be borrowed from Rockingham County and put at the gate to measure use of the Transfer Station. They are still working on the stickers. In theory residents should be getting stickers whenever they register their cars, he said.

Selectman Musselman asked how many North Hampton residents are already using the Transfer Station.

Mr. McCarthy said that it is not unusual, but the number is not large. The biggest issue is unauthorized use of the Swap Shop, he said.

Victor Azzi asked how many households are using the Transfer Station.

Selectman Musselman stated that he has no idea. He estimated that 20 to 40 percent of residents have curbside pickup. He stated that he has never seen a community that has a good handle on the number as the haulers will not release data on their numbers of accounts.

Burt Dibble said that more and more car registrations are being done by mail.

Selectman Musselman said that the stickers could be put in the envelopes that are mailed back.

In response to a question from Selectman Musselman, Mr. McCarthy said that he could have a traffic and impact report ready by next September.

There was discussion about the cost of using a hauler compared to the likely cost of a sticker.

Selectman Musselman said that the request from North Hampton is a fair one.

Town Hall RFP Bid Results (60:46 elapsed)

Selectman Musselman said that one proposal had been received the prior Thursday. They had known that there would be either one bid or two. There is a comprehensive proposal from Hutter, which was the low bidder previously. They have a bid of $2,876,334 for the historic renovation and $3,086,752 for the tear down and rebuild. A schematic design was provided. This was not done by SMP, which was too busy. Editor’s note: SMP is the architectural firm that did work for the Town in 2013 and 2014, leading to the $4.1 warrant article that was rejected by voters in March 2015 by a vote of 887 No to 575 Yes (as a bond issue, 60 percent approval was needed).

Selectman Musselman said that the two designs are different inside, but alike outside. There is a PDF of the proposal that has been sent to Mr. McCarthy and Paul Goldman. This will be distributed to all of the members of the various Town Hall committees and comments will be requested. E-mailed response to Town Adminstrator Michael Magnant will be due by December 22. On December 27 there will be a meeting with Hutter to clarify the proposal. The PDF will be posted on the Town website tomorrow. Editor’s note: http://town.rye.nh.us/Pages/RyeNH_BComm/BoS/Hutter Proposal for Rye Town Hall.pdf. Selectman Musselman asked that the initial review not focus on which option should be selected. There will probably be a special public hearing and then discussion at a Board of Selectmen meeting. The Town has had no interaction with the architect regarding the floor layout. It will be possible to move things around. Hutter is a well known and respected firm in New Hampshire that has done a lot of good work. Two years ago, CMA Engineers, which Selectman Musselman described as his firm, did a $3 million recycling center in Derry together with Hutter. There is no relationship now, and only this one past project. Selectman Musselman described the design as being pretty darned close to the minimum amount of space needed. Anyone in the public can provide comments by e-mail to Mr. Magnant, he said. Hopefully the issues for the meeting on the 27^th can be put on the table, he said.

(72:55 elapsed)

Phil Winslow said that he had been a member of the first Space Needs Committee. He said that, if the warrant article is approved in March the interest rate should be less than two percent, based on inquiries by Town Finance Director Cyndi Gillespie. He referred to two bonds that are being paid off next year, a school bond and a conservation bond. There is a school bond that is $295,000 annually, but $92,000 in annual reimbursement will also be going away once that has been paid off. There is another $95,000 from payoff of the conservation bond. The total net reduction in bond payments will be almost $300,000 that would help to pay for this without any impact on taxes, he said.

In response to a question from Victor Azzi, it was revealed that the architect is Addison Architects which is based in New Jersey, but has recently opened an office in Keene, NH.

There was discussion about the availability of the plans. Selectman Musselman said that there was an extra hard copy that would be left at Town Hall. Editor’s note: The RCL printed and left a color copy at the Rye Public Library, for the convenience of residents who are unable to go to Town Hall during the hours that it is open.

Letter from North Hampton regarding boundary perambulation (78:14 elapsed)

Selectman Musselman said that Selectman Jenness had been asking about this for years with no response.

Selectman Jenness said that State law requires perambulation every seven years. She said that she and former Selectman John Moynahan had done a perambulation and had found some markers, however some are broken or hidden and one was missing. There is zig zag to the back door of one of the houses that she understands is due to a still that was located in the house.

Town Administrator Magnant asked about the cost. Selectman Jenness said that there would be none.

Departmental budgets (81:41 elapsed)

Town Finance Director Cyndi Gillespie sought approval of moving of the Accuvote coding and ballot printing costs from the Town Clerk’s budget to the Elections budget. The new figures on $12,135 for account 4140-03 and $7100 for account 4140-13 were unanimously approved.

An addition of $10,000 for monitoring of two landfills was unanimously approved, making the new budget for account 4520-25 $26,160.

Account 4583-59 was increased to $10,700 to provide for a holiday parade.

Account 4240-18 was unanimously increased to $231,024 to provide for monitoring of pump outs by the Building Inspector’s office as required by the new pump out ordinance. Ms. Gillespie had stated that, last year, $4000 had been spent on this.

Ms. Gillespie stated that the Environmental Monitoring could be reduced from $30,000 to $15,060 based on quotes received. The budget of $42,831 for accounts 4902-51 and 4520-51 was unanimously approved.

Warrant article for Recreation Community Center (86:30 elapsed)

Ms. Gillespie stated that the warrant article relating to the Recreation Community Center was rewritten to reflect the fact that the further study would be at a total cost of $80,000 with a portion coming from the Recreation Revolving Fund. Editor’s note: In prior meetings, it was revealed that $40,000 would be coming from the Recreation Revolving Fund, with $40,000 to be raised through taxation. The revised warrant article was unanimously approved.

Smoking Ordinance (88:11 elapsed)

Police Chief Kevin Walsh referred to the use of recreational marijuana having been approved in Maine and Massachusetts. If New Hampshire also legalizes marijuana, both drinking and marijuana smoking on the beaches should be prohibited as it would seem incongruous to ticket someone for drinking on the beach while the person next to them is smoking marijuana. The ordinance should also prevent a small amount of littering, he said.

Selectman Musselman noted a missing noun and also said that the ordinance would need to go to the Town Attorney. He also asked whether the Town could regulate the dry sand.

Posting of School Board agendas on the town website (92:44 elapsed)

Town Administrator Magnant said that School Board member Margaret Honda had requested this. The Selectmen responded that it was OK to do this.

Upcoming votes requiring participation by Selectman Mills (93:16 elapsed)

Selectman Musselman said that there are two upcoming votes that will require the recusal of either him or Selectman Jenness. He said that Mr. Magnant had been in contact with Selectman Mills with regard to conferencing him in telephonically. Mr. Magnant is also keeping Selectman Mills up to speed periodically. Editor’s note: Selectman Mills has not been at a Selectmen’s meeting since August 22, 2016. Under N.H. Rev. Stat. Ann. (“RSA”) 41:8, a majority of the Selectmen are competent to act in all cases, so the remaining Selectmen are able to conduct business. However, if one of these persons recuses himself or herself there would not be a quorum. Also, if the two Selectmen disagree, there would be a tie vote that would be ineffective.

Adjournment (95:00 elapsed)

Whereupon the meeting adjourned at approximately 8:09 p.m.