NOTES OF MARCH 27, 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, Priscilla Jenness and Phil Winslow, Finance Director Cyndi Gillespie. 

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

Persons present from the public included:  Victor Azzi, Mae Bradshaw, Lori Carbajal, Peter Crawford, Dave Cropper, Burt Dibble, Steve Hillman, Tyler McGill, Larry Rocha.

 

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 6:46:24 p.m. (0:00 elapsed).

 

Summary

 

1.      New Selectman Winslow is replacing Selectman Musselman as Budget Committee representative.  Selectman Musselman is replacing Selectman Jenness as Heritage Commission representative. 

2.      Beach use permits for Summer Sessions, Cinnamon Rainbows, Portsmouth Paddle and Gyrotonic Seacoast were approved.  Two other applications were tabled. 

3.      Raises for town employees of 2.5 percent were approved.  The Police Lieutenant’s grade was also increased a level, giving him another 7 percent increase.

4.      The process of hiring a full-time Fire Chief will be started. 

 

Introduction of new Selectman (0:51 elapsed)

 

            Selectman Musselman introduced those at the table, including new Selectman Phil Winslow.  He said that there were again three Selectmen.  There was applause.

 

Sealing of minutes (1:30 elapsed)

 

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

 

Announcements and Public Comment about Town Hall (1:47 elapsed)

 

            There were no announcements. 

            David Choate of the New Hampshire Preservation Alliance (also a Rye resident) spoke about plans for them to explore funding, using sources other than taxpayers, for the stabilization of Town Hall.  Editor’s note:  Of the five Town Hall-related articles in the recent Town Election, only one passed, and that did not provide any funding.

            Peter Crawford spoke about the messages to be taken from the vote counts on the Town Hall articles in the recent election.

            Mae Bradshaw also spoke about Town Hall issues and talked about the effect of school consolidation efforts.

            Frances Erlebacher shared what she had heard regarding Town Hall and public views regarding it during her campaign for the State Legislature and otherwise.

            Phil Winslow thanked former Selectmen Joe Mills for his service as Selectman and Paul Goldman for his service on the Budget Committee and Zoning Board of Adjustment, and both Mr. Goldman and Richard Moynahan for great campaigns.

 

Consent Agenda (10:19 elapsed)

 

            Item D, a raffle for Learning Skills, was added.  Item A, a letter from Dominique Winebaum expressing a need for a wellhead/aquifer protection ordinance relating to the Aquarion well on Central Rd. in the Southern part of Rye, was referred to the Planning Board.  Items B through D were unanimously approved.

 

Organization of Board of Selectmen (12:04 elapsed)

 

            Selectman Musselman was elected Chairman and Selectman Jenness Vice Chairman, in accordance with the rotation process customarily used in recent years.  Selectman Jenness will continue as representative to the Planning Board.  Selectman Winslow will replace Selectman Musselman as representative to the Budget Committee.  Selectman Musselman was appointed as the alternate, and he said that he would work with Selectman Winslow on Budget Committee issues.  Selectman Musselman will continue as the representative to the Historic District Commission, although he noted that Selectman Winslow had been Chairman of the HDC.  Selectman Musselman replaced Selectman Jenness as the representative to the Heritage Commission.

            There was discussion about School Warrant Article 3 and the possible need for a Selectman’s representative to fill a role on a committee to look at school consolidation and other possible solutions for declining enrollments, but no appointment was made.  The Selectmen will await a request once the committee gets started.

 

Minutes (18:00 elapsed)

 

            The minutes of the March 16, 2017 meeting were unanimously approved with changes, Selectman Winslow abstaining.  The minutes of the non-public session of the same day were similarly approved without changes.

 

Appointment of Carissa Preneveau as a full-time police officer (20:16 elapsed)

 

            Officer Preneveau was unanimously approved.  Her facility with French and previous experience as a lifeguard were noted, as was her willingness to work on the beach.  Following the appointment, Ms. Preneveau was sworn in by Town Clerk Donna Decotis.

 

Investment policy (25:40 elapsed)

 

            A representative from TD Bank was present to explain proposed changes to the policy.  It was decided that these were not necessary.  It was revealed that this was a policy that had been taken from the City of Concord.  The motion to approve the policy, as it existed previously, carried unanimously.

 

Abatements (35:49 elapsed)

 

            The three abatements on the agenda were unanimously approved, for properties at 80 West Rd., 808 Central Rd., and 140 Harbor Rd.  The property at 140 Harbor Rd. was referred to the Building Inspector after it was revealed that an outhouse constitutes the toilet facilities.

 

Beach use permits (43:12 elapsed)

 

            It was revealed that a number of businesses that had been issued permits in prior years had not reapplied by the deadline, including the Surf Shack near the beach at Wallis Rd. Extension, a.k.a. Pirates Cove. 

            The Portsmouth Paddle Co. application was unanimously approved conditioned upon proof of insurance being provided.  The applicant, Wes (formerly associated with the Surf Shack) was not present.

            The Cinnamon Rainbows application was unanimously approved.  The applicant, Dave Cropper, was present.

            The Summer Sessions application, which was for the same level of activity as the prior year, was unanimously approved.  There was discussion about their business being down last year from the prior year despite the good weather.  Tyler McGill, the applicant, was present.

            The Gyrotonic Seacoast application was unanimously approved.

            The MAKN, LLC and Namate NH Yoga applications were tabled.  Police Chief Kevin Walsh noted that he is not in favor of the former and the latter is missing some information.  Neither applicant was present.

 

Pay grade increase for Police Lieutenant (58:52 elapsed)

 

            During the discussion of this issue, it was revealed that the Sergeant’s pay grade had been increased so that the Sergeant and the Lieutenant are now at the same pay grade.  Police Chief Kevin Walsh pointed out that the Lieutenant is a key guy for dealing with the courts, victims, addictions and quality of life issues.  His pay and the Sergeant’s pay were a bit low compared to towns of approximately 5000 persons and similar Police Department sizes, Chief Walsh said. 

            There was discussion about the increase sending ripples elsewhere and the prior salary study having been done in 2001 or 2002.  Town Administrator Magnant said that such a study could be looked at for the upcoming budget year.  He also said that the paramedic pay grades had been bumped up a few years ago.  He also spoke about the possibility of “red circling” certain employees, leaving their pay where it is for a period of time.  Editor’s note:  This apparently occurs when raises have increased compensation to the point where an employee’s compensation is at the range limit for the position.  However, the ranges are increased along with compensation increases so this would be rare, unless it is determined that a range needs to be lowered due to compensation being higher than market.

            Chief Walsh pointed out that, when he came to Rye, there were three Sergeants.  Then there were two.  Now there is one Sergeant and one Lieutenant.  That is working well, he said.

            It was estimated by Selectman Musselman that the cost of the change in grade would be $5000 to $10000 annually.

            The motion to approved the grade increase carried unanimously.

 

Street sweeping and lawn care bid results (69:08 elapsed)

 

            Granite State, which bid $100 per hour for an estimated 80 hours of work in a normal year (but perhaps 40 due to less snow this year) was unanimously awarded the contract for street sweeping.

            With regard to lawn care, Public Works Director Dennis McCarthy explained how work was being offloaded from his department by contracting out 13 of the 20 areas that they now mow.  The bids ranged from $7150 to $80,000.  Mr. McCarthy said that the due diligence is being done now, but it appears that the award will go to the low bidder.  He explained how the average tenure of his employees is 20 years and they are entitled to a lot of time off, which cannot be taken during the winter due to the fact that these persons double as plow operators.

            The Selectmen appeared not to be opposed to the award of the lawn care contract to the low bidder.

 

Shoals View Dr. repaving (73:54 elapsed)

 

            Mr. McCarthy pointed out that the warrant article related to this had passed.  There was then discussion about the various options for completing the engineering.  There is a budget of $10,000 for that, he said.  Issues with ledge needing to be removed were discussed.  Mr. McCarthy said that drilling and blasting will likely be needed.  Only the middle part of the right-of-way, approximately 20-22 feet, will need to have ledge removed. 

            Selectman Winslow mentioned a call that he had received regarding the paving of the portion of Shoals View on the other side of Parsons Rd., away from the beach.  Mr. McCarthy indicated that that is not a town road.

            Selectman Musselman stressed the importance of distinguishing Shoals View and not creating a precedent.  Mr. McCarthy said that, if this project goes well, others living on non-paved roads will likely request paving. 

            The Selectmen appeared to favor the design/build approach to having the road designed.  Editor’s note:  With design/build, a single bid is made by competing contractors, including both the design and the construction costs, eliminating the need to retain an engineering firm or architect separately.  However, there may be a loss of control with this approach and the winning bidder may have limited patience if there is difficulty in getting the Town to approve the design.

 

Six wheel dump truck (89:26 elapsed)

 

            Public Works Director Dennis McCarthy pointed out that the low bidder this year is Freightliner, but he is recommending that the contract be awarded to International, which has agreed to keep the price the same as that of the truck obtained last year.  This is the last truck to be replaced for some time and the others are all International.  It is not a good idea to have a different type of truck, he asserted.

            Mr. McCarthy also recommended that a laptop-based diagnostic tool be obtained.  However, that would bring the total bid to $171,003, of which $81,800 is for the truck itself, $82,903 for the dump body and $6300 for the “EZ Tech” laptop.  Editor’s note:  $170,000 was voted at the recent Town Meeting.  That had to be reduced from $175,000 at the Deliberative Session as there was not enough money in the Highway Equipment capital reserve to pay the higher amount.  There was then discussion about whether the Town could legally overspend the warrant article amount and take the difference out of the maintenance budget.  It was agreed that this would be researched.  The expenditure was unanimously authorized with the money to be taken from the appropriate place.

 

Red Mill Ln. culvert (98:36 elapsed)

 

            Editor’s note:  The budget, which included money to complete one of two Red Mill Ln. culverts was approved at Town Meeting.  Originally, $150,000 was voted as a separate warrant article (2016 Article 7) to replace one or both culverts.  However, after it was determined that wider culverts were needed to avoid narrowing of the stream bed, the cost for both culverts, with engineering, rose to approximately $500,000.  The plan now is to complete only one of the two culverts in 2017, using almost all of the $150,000 voted in 2016, but not spent, plus additional funds in the 2017 budget.  Voters were not asked to again approve the culvert replacement as a separate warrant article despite a tripling in the cost (if Article 7 is construed to provide for both culverts).

            The Selectmen unanimously approved entering into a contract with Wright-Pierce to complete the culvert design for $19,800.  The culvert closest to Eel Pond will be replaced first, Mr. McCarthy said.

 

Beach Committee charge, parking meters and parking issues (100:08 elapsed)

 

            Selectman Jenness pointed out that members Lori Carbajal, Larry Rocha and Steve Hillman were present, but member Keper Connell was not. 

            Selectman Musselman had two suggested changes.  He first suggested that the language about involvement of the Beach Committee with the lifeguards be removed.  Beach Committee Chairman Larry Rocha agreed, pointing out that the Fire Department seems to like the way things are being done now.  The second suggested change was to extend the area under their purview northward as there are problems with congestion near Wallis Sands that are just as bad as those at Jenness Beach, although they do not extend as far inland.  Also, the North part of Rye does not have the problems with RVs and he believes there are fewer people from Massachusetts and Quebec in that location.

            Selectman Musselman pointed out that there had still not been a response from the State regarding parking meters despite a commitment from the Governor to have a response within three days some time ago. 

            Lori Carbajal pointed out that there was almost no parking along the beach in North Hampton. 

            Selectman Musselman’s motion to amend the charge to extend the Beach Committee’s purview from Wallis Sands to Bass Beach, remove the reference to involvement with the lifeguards, and extend the term through March 31, 2018, carried unanimously.

            Larry Rocha spoke about wanting to add a fifth member named Brad.

 

Recycling Education Committee (114:09 elapsed)

 

            Selectman Jenness pointed out that there were now only three members.  Selectman Winslow mentioned that two were from the same family.  Public Works Director Dennis McCarthy said that the Committee should continue.

            The discussion then turned to the recycling revenues.  Mr. McCarthy said that the statistics are in the Town’s Annual report.  There was then discussion about whether prices are firming up and the cost of disposing of green glass.

 

Cost of living increase of 2.5 percent for employees (119:02 elapsed)

 

            It was revealed that the total cost of these increases would be $6900, or $280 per employee.  Selectman Musselman asserted that not many Rye employees are overpaid.  He also said that that Police Lieutenant would be receiving a 7% increase due to the increase in his pay grade approved earlier in the meeting.  He would also get the 2.5% increase, which, Town Administrator Magnant said, applies to all pay grades.  All were in favor of approving this increase.  Editor’s note:  The Police, Fire and Public Works employees are covered by union contracts that were approved by the recent Town Meeting.  The increase of 2.5% just approved by the Selectmen gives the same percentage increase to non-union town employees, as has been the customary policy.  Click here to see earlier discussion regarding the Lieutenant’s pay grade.

 

Rockingham Planning Commission representative (122 elapsed)

 

            Selectman Musselman pointed out that he had run into Art Ditto who is the current Transportation Planning Representative to the Rockingham Planning Commission.  Art had led all of the representatives in attendance.  At the one meeting that he had missed due to surgery, they had elected him Chairman, he said. 

            Editor’s note:  At a previous meeting it had been revealed that Mr. Ditto was no longer willing to serve. 

            Selectman Musselman suggested that Gregg Mikolaities be appointed to serve in this role.  There are 6-8 meetings per year, he said.  It appeared to be agreed that Town Administrator Magnant would contact him.

 

“Roast” for former Selectman Mills (125:16 elapsed)

 

            Selectman Musselman pointed out that former Selectman Mills is “eminently roastable,” and suggested this as a way to recognize his service when he is feeling better. 

 

Beach Committee appointments (126:31 elapsed)

 

            Larry Rocha, Keper Connell, Lori Carbajal and Steve Hillman were unanimously reappointed to one year terms. 

 

Conservation Commission appointments (126:52 elapsed)

 

            It was revealed that Jim Raynes is seeking appointment as an alternate rather than as a regular member.  Editor’s note:  Mr. Raynes had been Chairman up until about three years ago, when he was replaced by Sally King.  He had then continued as a regular member.  Mike Garvan was noted as a very good and active member of the Conservation Commission by Selectman Musselman.  Mr. Raynes was unanimously appointed as an alternate, and Mr. Garvan was unanimously appointed as a regular member. 

 

Heritage Commission appointments (127:54 elapsed)

 

            Selectman Musselman said that the Heritage Commission members were probably crestfallen that they had inherited him.  Editor’s note:  See earlier in these notes, here.  He replaced Selectman Jenness as the representative to that Commission.  Mae Winslow and James Tegeder were unanimously reappointed.  Selectman Winslow noted that Mr. Tegeder would be stepping down as Chairman. 

 

Mosquito Control Commission reappointment (129:13 elapsed)

 

            Tom Aspinwall was unanimously reappointed.

 

New business:  Other Committees and Assistant Building Inspector job description

 

            Selectman Winslow noted that the Recreation Commission has terms that are up and that the Recycling Education Committee has no end dates to their terms.  Selectman Musselman said that he would follow up with regard to the Recreation Commission.

            Mae Bradshaw, Chairman of the CIP Committee noted that now-Selectman Winslow had been serving on the CIP Committee.  She suggested that he continue in that role to provide Selectmen’s representation on that Committee.  Selectman Musselman said that this would be taken up at another meeting. 

            There was then discussion about the job description for this position.  Selectman Musselman said that there was not enough in there about monitoring the Parsons Creek Watershed Pump Out Ordinance compliance.  It appeared agreed that both this new job description and the existing one for the Building Inspector would be updated.  There was also discussion about their roles in interpreting the zoning ordinance and determining when requests need to go to the Zoning Board of Adjustment or the Planning Board. 

            Selectman Jenness pointed out that new developments have lists of things that need to be followed up on “for eternity.”  Selectman Winslow pointed out that there are perhaps seven such developments. 

            Selectman Musselman said that the job description could be fixed and that it would not need to be raised with them again.

 

New full-time Fire Chief (121:18 elapsed)

 

            Selectman Musselman said that a process needed to be developed for retaining a Fire Chief.  Editor’s note:  The budget just approved includes funds for a full-time Fire Chief, not a part-time Fire Chief, as has been the case in recent years.  Town Administrator said that there was no proposal yet, but that he would work on one and bring it back to the Board. 

 

Non-public session

 

            The Selectmen then voted, at the request of Town Administrator Magnant, to go into non-public session.