NOTES OF MARCH 16, 2017 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: Interim Fire Chief Tom Lambert, Police Chief Kevin Walsh, Building Inspector Peter Rowell.

Persons present from the public included: Peter Crawford (left early), Joe Cummins, 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 6:44:36 p.m. (0:00 elapsed).

Summary

1. Eversource is planning more tree trimming. After admitting that they do not inform residents of their rights unless asked, Eversource’s tree trimming contractor agreed to hold off for a few days until the Town can send letters informing residents that they have a right to refuse trimming.

2. A discussion of writeoff policies for ambulance charges revealed that residents on Medicare are apparently being pursued by collection agencies for ambulance charges in excess of the Medicare rate.

3. A resident on Big Rock Rd. questioned why the tax card for a previously unbuildable lot near Cable Rd. and Big Rock, that, he asserts, led to the firing of the assessor, had not been corrected back to unbuildable status.

4. Despite a commitment by the new Governor to a response within two days, the Town has still not heard back from the NHDOT regarding its plan to put parking meters on Ocean Blvd.

5. Lang Rd. may be relocated for safety reasons. However, for two years, left turns from Lang Rd. onto Ocean Blvd may be blocked. Selectman Musselman stated that this was unworkable.

6. The Police, Fire and DPW departments were thanked for their work during the blizzard.

Announcements

The town election on Saturday, March 18, 2017 was announced. Editor’s note: The Town Election, always scheduled for the second Tuesday in March, this year March 14, 2017, was postponed by the Town Moderator due to snow. Selectman Musselman said that they had debated whether to hold this meeting Thursday or the following Monday when there would be a third Selectman, which it would be nice to have. However, the statutory requirement prohibits the seating of a new Selectman for 7-10 days after the election. Town Administrator Magnant stated that it was the Friday after the election. It has been almost four weeks since the last meeting and there is business to attend to, Selectman Musselman said.

Sealing of minutes (2:00 elapsed)

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

Public comment: Lang Rd. relocation and Parson’s Field Porta Potty (2:55 elapsed)

Phil Winslow stated that, as the representative to the Rockingham Planning Commission, he had learned that the New Hampshire Department of Transportation had approved a plan to close the end of Lang Rd., where it intersects with Route 1, for safety purposes. He explained a phased plan, which would lead ultimately to the road being relocated behind the Service Credit Union, to intersect with Ocean Rd. Editor’s note: See these notes at the end of the meeting, when this matter was discussed further.

Mr. Winslow also requested that the Parsons Field Lacrosse Porta Potty be relocated behind the trees so as not to be visible. Selectman Jenness relayed a concern that this might be dangerous to young children. It was agreed that discussion of this would wait for the item later on the agenda regarding this.

Consent Agenda (6:27 elapsed)

Selectman Musselman announced the five items on the Consent Agenda: A letter from the Rockingham County Commissioners relating to a change in the fiscal year, authorization to expend $500 from Healthtrust, LLC, an event permit for the Eastern States 20 Mile, March 26, 2017, a letter from the New Hampshire Department of Safety regarding an interoperable voice and data network, and the application for the use of Parsons Field. He suggested that this last item be pulled and discussed. The motion to approve the items carried unanimously.

Seacoast Lacrosse: Parson’s Field use (7:56 elapsed)

This request was approved with the proviso that the issue of the location of the Porta Potty be turned over to staff so that an unobtrusive location could be found. There was no motion to actually approve the use of the field.

Minutes (8:42 elapsed)

The minutes of the February 23, 2017 meeting were unanimously approved with changes. The minutes of the non-public session of the same day were unanimously approved without changes. The minutes of the January 17, 2017 meeting, which had previously been tabled, were unanimously approved with changes.

Beach cleaning contract renewal (13:00 elapsed)

Town Administrator Magnant indicated that the parts to repair the beach cleaning machine had already been ordered and the machine may already have been repaired. The State owns the machine, but the Town is responsible for light maintenance. It also operates the machine. The State has now told the Town that it has the funds to replace the machine as the Town has been requesting. Replacement is needed due to the increasing cost of parts, he said.

There was further discussion about the type of machine and how it relates to the ability of the Town to pull the machine with the existing, or a future, tractor.

The motion to approve the contract carried unanimously.

Eversource plans for 2017 work (14:54 elapsed)

Selectman Musselman commented that it was a fine time to talk about preventing wires from coming down. Editor’s note: During the storm two days before, a number of trees came down and, at one point, 1700 homes in Rye were reportedly without power.

Nick Constantakos (sp?) with Lewis Tree Service stated that they would be doing the pruning for Eversource. It is just the standard pruning, with eight feet of side clearance. Any mature trees over the lines are cut from the ground. Hazard trees are a separate hearing on April 11. A hazard tree is defined as any mature tree that is dead, dying or uprooted, with holes or rotten, he said. These are marked and the property owner is contacted, he said. That applies whether they are in the right of way or private property, he said.

Selectman Jenness asked whether every property owner would be receiving the brochure that was part of their packet. Mr. Constantakos confirmed. These are mailed out well ahead of time. With regard to cards that come back with a box checked, he calls and schedules a time for consultation.

Town Administrator Magnant reminded the Selectmen that one of the issues in the past has been whether the property owners had been informed of their rights.

Selectman Musselman stated that he is one of the affected property owners. He said that he didn’t see anything on the form that informed the property owner that he or she had the right to refuse.

Mr. Constantakos agreed that they did have that right, but that it was only disclosed if the property owner asks whether that right exists.

In response to a question from Selectman Musselman, Town Administrator Magnant said that the letter that the town had been sent to residents a few years earlier had informed them of the right to refuse, but did not encourage them to do so. Selectman Musselman said that it was not in the overall interest of the residents to prevent pruning. He referred to half of the residents having been without power two days earlier.

Selectman Jenness said that people appreciate receiving the letter, but suggested the statistics on power outages should be included.

In response to a question from Selectman Musselman, Mr. Constantakos said that a handful of residents refuse trimming. He tells people that the diagrams on the mailer are the PUC standard. They are told that that is the ideal, but there is a lot off leeway. We don’t pull up in front of someone’s house and wipe out their buffer. We are able to work with the property owners. That is what the consultation is for. Very few refuse to have anything cut, he said.

Selectman Musselman asked about the timing. Mr. Constantakos said that they are ready to go, and Rye is the only work remaining out of the Portsmouth District.

Selectman Musselman said that this did not need a vote as Eversource has the right to do the trimming. He asked Mr. Constantakos would confirm with the Town Administrator that the letters from the town had gone out before they started trimming. Mr. Constantakos agreed, but said that they were hoping to start the next day on Elwyn and Pioneer.

Selectman Musselman said that Pioneer is a State road, but the residents are still town residents. He asked whether they could hold off until the letters had gone out, but said that the town would send them out as soon as they could. Mr. Constantakos agreed. Mr. Magnant confirmed that the letters could be sent out using the GIS system database.

Mr. Constantakos said that cards are not mailed out with regard to tree removals. A separate contractor contacts those people, he said.

It was agreed that they could probably start work Tuesday.

Parsons Creek septic systems (26:13 elapsed)

Selectman Musselman told Building Inspector Peter Rowell that they had some suggestions that would be passed along through Town Administrator Magnant regarding a revised proposal.

Deputy Building Inspector (26:48 elapsed)

Mr. Magnant said that this was supposed to have been on the agenda, but wasn’t. Building Inspector Peter Rowell addressed. He said that the Deputy would handle duties when he was not available. Russ Bookholz, who is a citizen in the town, had been put forward. He would be working on his certification through the NHTI Building Program. A background check has been done. The question of pay remains. Mr. Bookholz would be paid as a private contractor out of a line item in the budget. I explained to him that he would probably not be working a lot of hours, but he would be there if needed, Mr. Rowell said.

All were in favor of the plan.

Emergency Management Software Enhancement Project (28:22 elapsed)

Police Chief Kevin Walsh addressed. He said that there had been five officers on duty during the day on Tuesday. They were partnered up in SUVs, but the storm was so devastating that they were split up and placed in cruisers. Additional staff was called in. This software would unify the police and fire. On Tuesday, Chief Walsh said, he as well as the Fire Chief had come in to handle calls. The software would allow the locations of the police and fire vehicles, the staff that is available, and what roads were blocked, to be tracked. On Tuesday, he had to use a piece of paper to do the tracking. Portsmouth already has this system, so this would allow them to do tracking together, he said. Chief Walsh also spoke about simulations that Homeland Security had monitored.

Chief Walsh said that, while the dispatch function had previously been transferred to Rockingham County, when an emergency occurs affecting multiple towns we’re on our own. We are able to handle it, but this would improve the efficiency, he said.

Selectman Musselman said that there wasn’t a capital item for the $4000, but that he assumed that this could come out of the Police Department budget.

Chief Walsh said that there were a number of budget items that could be used and suggested that the money would be split evenly between police and fire. This software would work well with the State systems, including for the EPZ drills. If the grant is approved, half of the cost would be paid for. He spoke about being able to bring information up on tablets.

Selectman Jenness asked whether everyone had tablets now, or whether those would need to be purchased.

Chief Walsh said that the marked cruisers have tablets and Chief Lambert has two tablets that he has obtained for his EMS personnel.

Selectman Jenness read the language of the terms of the grant, which provided for a total cost of $8000, half to be paid by the town. Selectman Musselman seconded. All were in favor.

Accounting policy for uncollectable ambulance services (36:09 elapsed)

Town Finance Director Cyndi Gillespie addressed. She stated that, during the audit this year, it was brought to her attention that there are outstanding accounts receivable for ambulance services dating back to 2004. These are at the collection agencies. The auditors noted that there is no written policy on writing off uncollectible ambulance receivables. She has therefore updated the policy. The problem is that the uncollectible receivables may distort the fund balance. For 2004, there is still $594 outstanding.

Selectman Musselman asked that the total uncollected account balance was.

Ms. Gillespie said that there is $190,000 on the books right now. The allowance for the uncollectible accounts is $107,000. That is saying that there is $83,000 that can still be collected. However, of that, $23,000 is unlikely to be collectible. Ms. Gillespie provided some other figures that did not seem to add up. She said that, in the past, the reserve for uncollectible accounts had been computed based on taking half of the balance that had been outstanding more than 120 days. However, this amount has been growing over the years.

Selectman Musselman noted that the Selectmen meet annually in non-public session to review a short list of 30-40 outstanding ambulance bills. We make decisions on writeoffs for inability to pay based on social consciousness, he said.

Ms. Gillespie explained that in many cases, during these sessions, the Board has told her to ship certain accounts receivable off to collections. That will remain the same. There will still be $180,000 to $190,000 at collection agencies, but that will not be carried on the books.

Selectman Musselman asked whether someone, knowing the policy, could simply wait three years and then they wouldn’t have to pay. Ms. Gillespie disagreed, saying that it would still be pursued by the collection agency. Interim Fire Chief Tom Lambert said that, if it goes to collection, it appears on their credit report. This is strictly tuning in the fund balance to something that is more realistic, she said.

Selectman Musselman asked what the fund balance, which is an accounting term, affects. Ms. Gillespie acknowledged that it would affect what must be put aside in reserve. Selectman Musselman asked whether that wasn’t a percentage of annual expenditures rather than of the fund balance. Ms. Gillespie stated that it is recommended that a certain amount be retained in the fund balance for contingency. She acknowledged that there would be an impact on the tax rate. Selectman Musselman said that not as much money could be used to offset taxes at the end of the year. Ms. Gillespie said that it sounds horrible, but it will only change the fund balance by $23,000.

Selectman Jenness referred to the cost of ambulance services having gone up. The $594 from 2004 was probably more than one run. Today it might not be, she said.

Selectman Musselman asked whether some of the accounts receivable balances were net of partial payments by Social Security. He asked whether the unpaid portions were automatically written off in such cases. The response was that it remains as uncollectible. Selectman Musselman questioned whether payment should be expected of that portion. Town Administrator Magnant said that it should probably be written off. That’s why it’s still on there, Ms. Gillespie said.

Selectman Musselman moved that the proposed sections be added to the accounting procedure. All were in favor.

Selectman Musselman said that the issue of charging Social Security recipients more than Social Security pays for an ambulance run be addressed next time these accounts are reviewed. He asked for more details. Interim Fire Chief Tom Lambert said that the private insurance reimbursement rates are much higher than those for Medicare and Medicaid so the rates are set at the higher level. You can see who is able to pay and who is not, and that is when you make the decision to write it off, he said.

Ms. Gillespie raised the issue of contracted rates. Chief Lambert said that a lot of the contracts had expired and had not been renewed. If you contract with an insurance company such as Anthem then they set the rate and will only pay that amount. Ms. Gillespie said that, in that case, the other part is written off. Chief Lambert stated that that does not always occur. A lot of the contracts have not been renewed. He said that the reason was that Anthem was low balling.

All were in favor of the motion.

Beach Committee one year term (48:23 elapsed)

Selectman Musselman said that the terms expire March 31. He suggested that items G and H be tabled until there is another Selectman. Selectman Jenness said that the charge probably needs to be altered anyway.

Parking meters on Ocean Blvd. (49:04 elapsed)

Selectman Musselman stated that they had written to the new Governor regarding parking meters on Ocean Blvd. They heard back two weeks ago that the Highway Commissioner would be writing a letter within two days. There has still been no response.

The motion to table items G and H, relating to the Beach Committee and the Recycling Education Committee carried unanimously.

Letter from Rockingham Planning Commission re: Transportation Advisory Committee (49:39 elapsed)

Selectman Musselman said that this relates to the appointment of a representative and that Art Ditto should be reappointed. Town Administrator Magnant said that he was pretty sure that he was not interested. Selectman Musselman suggested that the Public Works Director could serve. He said that the issue should be tabled.

E-mail from Bruce Valley regarding unbuildable lot on Big Rock Rd. (51:14 elapsed)

Selectman Musselman read the e-mail and a proposed response. The letter stated that Mr. Valley and his family had occupied the residence at 11 Big Rock Rd. from December 1948 to present. Having grown up there, the e-mail said, he is familiar with the seasonal water flows. The vacant lot across the street had been declared unbuildable by the Town and DES due to inherent wetness. It is boggy even during the dryness of summer. There is water from Philbrick’s Spring flowing year-round near the intersection of Pine Rd. and Cable Rd. The letter explained how the water flowed across 11 Big Rock Rd. to the unimproved area across the street where it remains. The decision to declare the property unbuildable was correct, based on his personal experience. The successor owners have attempted to render the property buildable by cutting trees down and using wood chips as fill or by other “darker stratagems,” the e-mail said

Mr. Valley addressed the question to the Board of Selectmen and the ZBA. He said that, based on information and belief, the previous Town Assessor had been given notice for selectively altering property assessments on whim, or worse, rather than in accordance with accepted standards and regulations. Some unknown number of Rye properties were adjusted in this manner, one of them being the unimproved property across from 11 Big Rock Rd. As a result, this unbuildable property became buildable or possibly buildable, as improperly altered by the fired assessor who is also known to have been a friend or associate of the current property owner, the e-mail said.

A period of nine months have now ensued in which various abutters have unsuccessfully sought remedial action from the Town of Rye out of reasonable concern for the negative impact on their own properties of building up the property with fill. A final land use decision is now being determined by outside forces with minimal input from Town officials. The e-mail asks the Selectmen why, having fired an assessor, presumably for good cause, the property record card was not updated to again reflect the unbuildable value. The e-mail raised the possibility of legal liability of the Town. It also raises the question of the fairness of the Town’s assessment and taxation procedures. It requested a response in writing from the Selectmen.

Selectman Musselman then read the proposed response. It stated the Town’s prior assessing firm had changed a number of vacant parcels from unbuildable to possibly buildable on the Town’s property cards. Once the town discontinued its contract with CNHA, an independent assessor was hired to review the changes that had been made. That assessor affirmed the change made to 0 Big Rock Rd. As we have explained before, these property cards are assessing records only and are not used to determine land uses. They are for taxation purposes only. Determinations as to buildability are made by the Town’s Zoning Regulations and the Land Use Boards, not the Town’s Assessing Department. The Assessing Department’s determination has no bearing on whether the Zoning Board of Adjustment determines whether a structure or structures can be built on the lot in question. The proposed answer is to be signed by all three Selectmen.

Selectman Musselman said that they had dealt with the issue swiftly and appropriately. The question of appropriate assessment had been raised and the determination had been made that it was. It was also determined that the matter was not relevant with respect to building approval.

Selectman Jenness moved to approve the letter and send it. Selectman Musselman seconded. All were in favor.

Walking event on Ocean Blvd. (58:42 elapsed)

Police Chief Walsh referred to a request for a walking event on Ocean Blvd. by someone from the Air National Guard. With regard to insurance, since these people are under the umbrella of the U.S. Government, he wanted to confirm that insurance and indemnification is not needed.

Selectman Musselman went further and referred to a 1931 court decision stating that they do not even need a drivers license. It releases federal employees from any state or local regulation. Police Chief Walsh stated that, if they they show their military i.d., they do not need a drivers license or registration.

Lang Rd. relocation: further discussion (60:49 elapsed)

Editor’s note: See the notes of the public comment period earlier in the meeting, during which Phil Winslow provided information on the planned changes to Lang Rd.

Selectman Musselman asked Phil Winslow where Lang Rd. would end, for now, if not on Route 1.

Mr. Winslow explained that it is to be a three step process. The first part would be signs to warn of the danger. The second would be a divider at Lang Rd. and Route 1. That would preclude a left turn. In 2018 or 2019, Lang Rd. would be cut off at Stonecroft and run behind the Service Credit Union. Editor’s note: This is the large apartment complex on the north side of Lang Rd. east of Route 1.

Selectman Musselman appeared to object to a left turn being prohibited for a period of two years.

Mr. Winslow said that people would do what was most convenient, which would likely be pulling into the Philips Station and turning left.

“That’s crazy,” and won’t work, Selectman Musselman said. That is not an unusual route out of Rye. The other route is down Washington Rd. and Breakfast Hill Rd. through Greenland Center to get to Route 33. Chief Walsh said that a lot of people are going to be upset with that. Selectman Musselman agreed.

Mr. Winslow said that that is the plan as it currently exists. It would be reviewed by Portsmouth and DOT and they would make the decision.

Selectman Musselman said that Portsmouth is “under fire” to get traffic off of Banfield Rd. and this would put it back on.

Selectman Musselman said that two-thirds of the time one could turn left from Lang onto Route 1 without delay. Selectman Jenness said that she doesn’t know anyone who turns left from Lang Rd. onto Route 1. Selectman Musselman said that he does so all of the time. That is how one gets to Stratham or Newmarket, he said. Selectman Jenness said that she goes up Washington Rd.

Selectman Musselman noted that this does not affect anyone in Portsmouth as those in the apartment complex can exit onto Route 1 and then cross at a light. That is full of speed bumps. Nobody wants those in a hurry to take that route, he said.

Mr. Winslow said that he expected this to be looked into further as they get into the details. He said that the matter had been turned over to Peter Rice, who is the person in Portsmouth who is responsible for roads. He suggested that, if there are concerns, a letter should be written to the Rockingham Planning Commission. He said that the documents are not yet available.

Joe Cummins suggested a 10 second delay to provide a gap so that traffic from Lang Rd. could get through. Selectman Musselman agreed that that would help. He said that the traffic is predominantly from Rye, particularly as those that live in the apartment complex can go out a different way.

Thanks to the Police, Fire and DPW Directors for work during the blizzard (70:24 elapsed)

Town Administrator Magnant expressed his thanks. He said that one of the Chiefs had been in touch with him as he was in the process of being blown down Ocean Blvd. The Fire Department had numerous calls for service. The Police Department had to deal with poles down and poles in the water. DPW guys were plowing and getting out of trucks to move tree limbs out of the road using chain saws. The DPW Director was up at 10:00 at night shoveling out the public buildings. The Town has a lot to be proud of.

Selectman Mussleman agreed that it had been quite an effort.

Adjournment (71:54 elapsed)

Whereupon the meeting adjourned at approximately 7:56 p.m.