NOTES OF JANUARY 23, 2017 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: Interim Fire Chief Tom Lambert, Public Works Director Dennis McCarthy, Police Chief Kevin Walsh, Building Inspector Peter Rowell.

Persons present from the public included: Victor Azzi, Peter Crawford, Paul Goldman, Charlie Hoyt, Jenn Madden, Heather Reed, Lawton Struble, 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 6:36:03 p.m. (0:00 elapsed).

Summary

1. A deputy Building Inspector may be appointed pending a full-time hire if the budget passes.

2. Rather than selling or trading in the old ambulance, the Town will keep it as a spare, with the issue to be revisited in six months.

3. A new warrant article was added to deal with the possibility that both bond articles dealing with Town Hall (one to tear down and rebuild, and the other to renovate) pass.

Announcements (0:40 elapsed)

The Deliberative Session on Saturday, February 4, 2017, 9:30 a.m. at the Rye Junior High School Gymnasium was announced.

Sealing of Minutes

Selectman Jenness moved to seal the minutes of the non-public session just concluded. All were in favor.

Public Comment (2:06 elapsed)

Peter Crawford said that, within the hour he had received word from Bob Jesurum that he had prevailed in the Supreme Court rehearing on the Sanders Poynt issue. Mr. Crawford said that he believed that this issue had been “put to bed,” and asked that the Building Inspector and Public Works Director move forward with restoring the parking lot and the signs that were in that location.

Paul Goldman referred to letters, negativity and newspaper articles on topics ranging from Town Hall to other issues. He thanked the Board of Selectmen, the leadership and the committees and commissions. He said that he had been on the Zoning Board of Adjustment and the Budget Committee for 13 years and that his terms were up this year. Contrary to what others have found, he said that he found the Board of Selectmen, the Finance Director, department heads and all of the committees and commissions that he has worked with to be extraordinarily competent, helpful and cooperative. He said that he done benchmarking against other towns and is very impressed and supportive of the leadership in the face of a lot of negativity.

Consent Agenda, Signs at Recycling Center, Conservation Commission, Historic District Commission appointments (4:48 elapsed)

Selectman Jenness asked to pull Item C. Selectman Musselman said that he would like to amend Item A.

Selectman Musselman said that there had been a request to hold signs at the Recycling Center by Phil Winslow. He said that a similar request had been made by Paul Goldman. He suggested that all who have signed up for Town office be allowed to hold signs on the three Saturdays. Editor’s note: The agenda refers to 2/25/17, 3/4/17 and 3/11/17. All were in favor.

Selectman Musselman said that there were requests from Lawton Struble and Heather Reed to be appointed as alternates. Selectman Jenness stated that, although Selectman Mills was not present, he likes to meet everyone who is appointed. She asked whether Mr. Struble was present. Both he and Heather Reed were present and discussed their qualifications and reasons for interest in the positions. Both were unanimously appointed.

In similar fashion, Charlie Hoyt, who was also present, was appointed as an alternate to the Historic District Commission.

Minutes (9:29 elapsed)

The minutes of January 3, 2017 meeting were unanimously approved with changes. The minutes of the January 9, 2017 meeting were unanimously approved with changes. The minutes of the non-public session of the same day were unanimously approved without changes.

Unmerger request by Dyanne Cleary, 17 Cable Rd. (12:58 elapsed)

There was discussion about whether Ms. Cleary was seeking to unmerge her lots to the extent that the house and an outbuilding would be on different parcels. Ms. Cleary confirmed that she was not seeking to have those be on separate parcels.

Selectman Musselman said that they could exclude those lots from the unmerger. With respect to the others, there is nothing in the chain of title that would create an issue preventing unmerger, he said.

Mr. Magnant said that the Town Attorney had advised that abutters be notified and that had been done. Ms. Cleary said that she had received a call from one of the abutters, who was not opposed.

The unmerger was approved with the lots on which exist the house and the shed not covered by the unmerger.

Deputy Building Inspector (19:11 elapsed)

Building Inspector Peter Rowell said that he would like to have a deputy for instances when he is out. Selectman Musselman asked whether the individual was a relative of another town employee. That was confirmed. Mr. Rowell said the the individual, who was later revealed to be Russ Bookholz, was not a building inspector anywhere else, but is running a property maintenance company and lives in Rye. Editor’s note: Mr. Bookholz currently serves on the CIP and Demolition Review Committees. He is also pursuing a course that would lead towards him becoming a building inspector, Mr. Rowell said. In the past, the Greenland Building Inspector has filled in, Mr. Rowell said. There was discussion about how this would work when another Building Inspector is hired mid-year, as is budgeted. Mr. Rowell said that he does not believe that a deputy would be needed at that point. Mr. Rowell said that he would inform Mr. Bookholz of that, but also said that Mr. Bookholz might be a candidate for the new position. There was discussion about the possibility of him serving as a contractor, and of the pay scale not yet having been established. Selectman Musselman said that it sounded fine, but more details are needed.

Failed septic, 204 Locke Rd. (23:59 elapsed)

Mr. Magnant stated that voluntary compliance had been sought, but an impasse had been reached. The system, which is in the front yard, had been leaking for some time. The motion to allow the Town Attorney to take enforcement action carried unanimously. Selectman Musselman said that they were making more progress than they had in many years with failed septic systems and holding tanks.

Reserve ambulance (25:41 elapsed)

Editor’s note: In 2016, Article 5 passed, providing $275,000 to “replace the existing 2008 ambulance…,” with the funds to be withdrawn from a reserve set up for that purpose.

Interim Fire Chief Tom Lambert reported on the study that had been done. Selectman Musselman asked for a summary of the cost and the revenue.

Chief Lambert reported that the annual maintenance cost would run between $600 and $800 annually, or about $8500 in total if kept for seven years. The additional revenue would be $600 to $1000 per call. They anticipate 40-50 runs engaged in by this unit.

Mr. Magnant said that the annual revenue would be $29,400 to $49,000.

Selectman Musselman said that it was a no brainer from a financial standpoint and would improve service. He referred to the loss to the town of the ambulance value of $15,000. He referred to a range of $10,000 to $75,000 for that value.

Mr. Lambert said that the range had been arrived at through Internet research. He said that an additional estimate of value from a local body shop came in at $10,000 to $12,000.

Selectman Jenness referred to 520 annual requests for medical aid and asked whether that included non-emergency calls. Mr. Lambert said that they usually do not got involved in non-emergency transport. Selectman Jenness referred to 49 concurrent requests for medical aid during a period of time. Selectman Musselman said that, ten percent of the time, there is a request for a second ambulance while the first one is out.

Selectman Musselman moved that the second ambulance be retained, to be equipped with equipment from the fire apparatus.

Town Administrator Magnant suggested that the matter be reviewed in six months.

Burt Dibble suggested that human resources expenses be considered when the review is done.

Selectman Musselman said that the crew cost is $184 per run, but the revenue is $600 to $1000. He said that the second ambulance cannot go out until more firefighters arrive. Mr. Dibble questioned the numbers. Selectman Musselman said that there is a two or three hour minimum. Editor’s note: Two additional firefighters would need to come to the station before the second ambulance could be sent out. Presumably, two more (a total of six) would need to come to the station to provide coverage if the second ambulance also went out.

Letter from Joe Falzone requesting acceptance of Star Fish Circle (33:45 elapsed)

Selectman Musselman said that there was a warrant article later on the list to accomplish this. The road is close to being ready for approval, but is not yet. He referred to it being a road in the Sea Mist Landing Subdivision.

Letter from Rockingham Planning Commission regarding Regional Transportation Projects (33:45 elapsed)

Mr. Magnant said that the letter on this is received annually, with four, ten and twenty year plans. He said that they were asking whether there were any additional projects to be suggested.

Phil Winslow said that he is the representative to the Rockingham Planning Commission. The intersection of Lang Rd. and Route 1 is up for review. That is an important project, although not in Rye, he said. A highway safety analysis is being done. There are four access points to Route 1. Elwyn Rd. has proper lights, as does Washington Rd., but Lang Rd. is a problem. He also referred to North Rd. which is even more of a problem. Editor’s note: North Rd. is in North Hampton, but it turns into South Rd., which is in Rye. Selectman Jenness referred to Dow Ln. as well. Editor’s note: Dow Ln. is in Rye, but the intersection with Route 1 is near the Rye/North Hampton town line.

Selectman Musselman said that there was a reference to Washington Rd. capacity improvements. He said that Dow Ln. is horrendous and is not on the list. It is hard to see anyone coming at the intersection, he said.

Mr. Magnant said that it is listed under North Hampton (number 6397003).

Mr. Winslow said that there had been one fatality and three accidents resulting in losses of limbs at the location. Editor’s note: It was unclear whether he was talking about Dow Ln. or Lang Rd.

Budget Work Session (38:46 elapsed)

Editor’s note: Some of the warrant articles have been renumbered. Thus, the numbers referred to below may no longer be correct.

There was discussion about which of the two Selectmen would speak to each warrant article.

There was then discussion of Article 6. Editor’s note: That is the approximately $3.4 million article to tear down and rebuild Town Hall. First, Selectman Musselman said, the article must be amended by adding language to override the 10 percent limit. Editor’s note: See N.H. Rev. Stat. Ann. (“RSA”) 32:18 and 32:18-a. The total appropriations cannot exceed 110 percent of the amount recommended by the Budget Committee, however, in the case of a bond article, the Board of Selectmen may vote to place the article anyway, provided they add language to the article. Selectman Musselman said that the words “[p]assage of this article shall override the 10 percent limitation imposed on this appropriation due to the non-recommendation of the budget committee” would need to be added to the beginning of the warrant article. There would also need to be a revote to place the warrant article notwithstanding the Budget Committee’s six to three vote not to recommend the warrant article. Selectman Jenness seconded. All were in favor.

Selectman Musselman said that the next article, were it to be valid, needs the same sentence, but we can’t do that, he said. Editor’s note: The next article is Article 7, a petitioned warrant article for a $3.2 million bond to renovate Town Hall. That article was also not recommended by the Budget Committee. The citizen petitioners ought to think about that for the Deliberative Session as it would otherwise be invalid, he said.

Peter Crawford asked whether the proponents of the article could do that, or whether the Selectmen would have to do so. Selectman Musselman said that either could add the sentence at the Deliberative Session.

(45:09 elapsed)

With regard to Article 15, Mr. Magnant said that he misspoke with regard to the police contract. There was language for the Town to go out to bid for the health care. Two items were omitted from the tentative agreement in the flurry of proposals going back and forth. He said that the Town’s labor attorney has looked into it and the Town has the right to go out to bid in any case. This does not affect the cost. It is still a good deal for the town, he said.

Selectman Musselman referred to one member of the Budget Committee having voted against recommending the labor warrant articles because of the 2.5 percent wage rate increase for 2017, with a floor of 2 percent and a maximum of 3.5 percent. A recent article in the Boston Globe provided a table of economic metrics, one of which was that national wage growth last year in the U.S. was 2.53%. Only social security increases are .2% when inflation is that low, he said.

(51:02 elapsed)

With regard to Article 26, Selectman Musselman said that the dog leash article would need to be reworked following discussion with Town Counsel. Selectman Musselman asked whether the intent was only to get dogs on town beaches leashed, and not have it also apply elsewhere. Police Chief Walsh confirmed, and noted that Foss Beach was excluded. Selectman Musselman said that the language was unclear, but changes would be proposed at the Deliberative Session.

There was discussion about pulling the smoking ordinance. Selectman Musselman said that he had thought that this applied to the beaches, but this is for everywhere in town. They have legal advice that, if challenged, it could be problematic. It applies to roads and rights of way and any town-owned land. Selectman Musselman suggested that, in April, a Selectmen’s ordinance could be adopted to prohibit smoking on the beaches, with that article placed the following year. It could also be tweaked to apply elsewhere in town, he said. The motion to pull Article 28 carried unanimously.

Article 29 was then discussed. It specifies that, if both Articles 6 and 7 both pass with 60 percent yes votes, that the Selectmen would be authorized to proceed with the article receiving the most votes. Selectman Musselman said that they had originally thought that a Special Town Meeting could be called, but that was a bad idea, as the meeting could be packed. Mr. Magnant read the proposed article from his notes: “To see if the Town will authorize the selectmen to move forward with the Town Hall option that receives the most votes in the event that Warrant Articles 6 and 7 both receive 3/5 majority votes or greater.” Selectman Musselman said that, if this is voted down, there would be no provision and it would be resolved by law and the Selectmen could choose to resolve it however was appropriate, he said. All were in favor of placing the warrant article.

(61:23 elapsed)

Article 30, Sea Mist Ln., was unanimously recommended.

Article 31, 32 and 33 had already been dealt with, and were not recommended.

Article 34, the “Younger Housing Committee” was unanimously not recommended. Selectman Jenness stated that she would not know what to do with it if it passes.

The Loftus warrant article is already not recommended and there would need to be changes at the Deliberative Session, Selectman Musselman said.

The trails subcommittee article was unanimously not recommended. Selectman Musselman said that they had received a letter earlier that day from the Conservation Commission suggesting that they not recommend the article. They do not understand what it is leading to, he said.

The two articles for selling to the highest bidder at auction and other business are being recommended, Selectman Musselman said.

There was discussion about whether a non-public session was needed. It was agreed that one was not.

Selectman Musselman said that he would be out of town February 27 and unable to attend a Selectmen’s meeting that night. There was discussion about canceling the meeting.

Adjournment (65:24 elapsed)

Whereupon the meeting adjourned at approximately 7:40 p.m.