NOTES OF DECEMBER 26, 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:  Police Chief Kevin Walsh, Fire Chief Mark Cotreau, Public Works Director Dennis McCarthy.

            Persons present from the public included:  Victor Azzi, Steven Borne, Becky Franz, Howard Kalet, Suzanne McFarland.

 

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 6:39:14 p.m. (0:00 elapsed).

 

Summary

 

            1.  The Town will pay the 421 South Rd. developer $400,000 to reduce the planned development from 17 house lots to 13 and settle the lawsuit arising out of the denial of the application by the Planning Board.

            2.  The Selectmen voted to authorize the prepayment of taxes.

            3.  The Selectmen will send a letter to Governor Sununu seeking membership on a task force to address offshore wind farms.

            4.  The Selectmen voted to sign a purchase and sale agreement for the former TD Bank building, subject to voter approval.  A warrant article for the $540,000 purchase price and $84,800 in related costs is being prepared.  A final decision on whether or not to fund the purchase with a bond will be made at the January 8, 2018 meeting.

            5.  The costs of painting Town Hall and an Historic Structures Report on the building ($119,000 total) were added to the operating budget. 

            6.  Another $475,000 of warrant articles were approved, including for the second Red Mill Ln. culvert, a garage at the Recreation area, and Harbor Rd. bridge repairs. 

            7.  A warrant article to sell the Trolley Barn (Old Police Station) was approved.

            8.  Over $238,000 in unspent 2017 appropriations were encumbered so that the money can be spent in 2018 rather than being set aside for potential use to reduce 2018 taxes.

 

Announcements:  Settlement of South Road litigation (0:40 elapsed)

 

            Selectman announced the closing of the Town offices on January 1, 2018. 

            For the second announcement, Selectman Jenness recused herself, got up and left the table.

            Selectman Musselman announced the settlement of the Stoneleigh Preserve litigation.  Editor’s note:  This is also known as the Falzone Development, or 421 South Rd.  Selectman Jenness is one of the property owners of a portion of the land that is to be developed and is one of the co-plaintiffs referred to below.  Summary of the Settlement:

o   $400,000 payment to the developer

§  $100,000 from Town funds

§  $300,000 from Conservation funds

o   58 acres plus one non-buildable lot to be placed in conservation. 

§  No easements or public use mentioned

§  The developer had previously been willing to donate 40 of the 58 acres

o   Thirteen allowed lots on two separate cul-de-sacs

o   Few accommodations for abutters

o   No blasting during construction

 

            Selectman Musselman read a statement that said that, on December 26, 2017, the Town of Rye, Harbor Street LLC and its four co-plaintiffs filed a settlement stipulation in Rockingham County Superior Court of the three lawsuits brought against the Town land use boards as a result of the Planning Board’s August 2017 denial of Harbor Street’s proposed subdivision.  Editor’s note:  Click here to see the statement.  A copy of the settlement stipulation is on file with the Town Clerk as required by the right-to-know statutes, he said as he read from the statement.  The statement referred to mediation in November.  Three members of the Planning Board, the Chairman of the Rye Conservation Commission, the Planning and Zoning Administrator and Town Counsel participated in the mediation.  Editor’s note:  According to paragraph 39 of the Amended Complaint filed by the developer in case 218-2017-cv-871, a majority of the Planning Board members live close to the proposed development, although this fact was not disclosed, and two members live within 800 feet on the same road.

            Selectman Musselman said that the Planning Board approved the agreement in principle in a duly-called non-public meeting on November 27.  On January 9, 2018, the Planning Board will hear a revised proposal for 13 building lots located on two cul-de-sacs located off of South Rd.  A fourteenth lot will be donated to the Rye Conservation Commission.  The Zoning Board of Adjustment had denied a driveway wetlands buffer crossing for that lot which has a large vernal pool. 

            The revised conveyance includes an additional 18, plus or minus, acres of open space, 58, plus or minus, acres total, to be conveyed to the Rye Conservation Commission.  The additional acreage includes uplands that would have been building lots.  The Conservation Commission will pay $300,000 for the conveyance of the 58, plus or minus, acres of open space.  Editor’s note:  This amount will apparently come out of the money voted by 2014 Article 7.  That bond issue for $3 million was narrowly approved by voters, 1001-656 after recount (60 percent (995 yes votes) was required).  Approximately $1.7 million of that bond issue remains to be drawn down.  Most of the $1.3 million already drawn down was used to acquire the back portion of the former Rand Lumber parcel (i.e. Sea Glass Ln.) and the back portion of the Cedar Run development off of South Rd.  With this third major expenditure from the $3 million bond issue, all but a small portion of the money will have gone to pay developers to reduce the size of their developments.  No interest or principal payments have yet been made on the undrawn portion.  As additional land acquisitions such as this are made, taxation will need to increase to service the associated debt.  Pursuant to N.H. Rev. Stat. Ann. 36-A:5, a public hearing is required before the conservation funds may be spent.  Nevertheless, the agreement settling the lawsuit states that the “Rye Conservation shall pay $300,000 to Harbor Street…” for the 58 acres (of which 40 acres were previously going to be donated to them, according to the above).  Click here to see the filings associated with the lawsuit.

            Selectman Musselman continued, saying that the Town will also pay Harbor Street $100,000 for release by all plaintiffs of all of their damages claims.  This amount will be paid from litigation reserves.  The Planning Board, Conservation Commission and Board of Selectmen believe the settlement is reasonable and prudent.  The reduction in the number of lots, the elimination of a substantial amount of street construction, narrower streets, and the additional preserved open space provide a greater protection of water resources, wetlands, vernal pools and the nearby white cedar forest than the initial 17 lot proposal.  If the lawsuits had proceeded to trial and the Town lost the result would be a less environmentally-sensitive 17 lot subdivision.  While the Planning Board believed its denial was reasonable, the legal issues before the court were complex and there is no guarantee of a positive outcome.  For similar reasons, the Board of Selectmen believe that the payment of $100,000 for release of the damages and attorneys fees claims, which were substantial, is reasonable. 

            Selectman Musselman said that the statement had been prepared by the Town Attorney for the Chairman of the Planning Board, Bill Epperson, the Chairman of the Conservation Commission, Sally King, and I, Chairman of the Board of Selectmen.  The information is now public information in the court and in the Town Clerk’s office.  We wanted a public statement prior to people finding that out on their own and starting to talk about it around town.  Any further statements on this, as far as the Board of Selectmen are concerned, would be coming from the Town Attorney. 

            Selectman Jenness then again assumed her seat.

 

Public comment (5:41 elapsed)

 

            Steven Borne asked whether the settlement announcement would be posted. 

            Selectman Musselman said that it would be posted with the meeting minutes.  Mr. Magnant said that typically only the court documents are posted.

            Mr. Borne said that he had wanted to stick around at the last Board of Selectmen’s meeting for the Parsonage (sic) discussion.  Editor’s note:  He meant the Parson’s Creek Watershed discussion.  I had to watch it and go through the documents.  There were some pretty significant things.  DES called it an impaired body of water.  They said that above .26 septic systems per acre you can begin to have problems.  We’re at .45.  Of 843 lots, 383 were within 100 ft. of the septics (sic).  Editor’s note:  He apparently meant wetlands.  Three hundred and fifty-seven were within 75 ft. and 331 were within 50 ft.  The readings at the Parsons Creek outlet when there is rainfall are not surprising.  Instead of relying on grants, we need to be aggressive and spend money.  I’ve been to a lot of Planning Board and ZBA meetings where waivers have been granted.  This problem could be rampant throughout Rye.  We need to be much more professional and put our own money down to fix this problem, more aggressively, he said. 

            More than half of readings in the report were above 104.  One was at 17,000.  It’s unfair to people from out of town to play at that beach, which has no warning sign.  With all of the high readings there needs to be a permanent sign, he said. 

            With regard to the Grove Road Landfill, we’re assuming that the contaminants were caught before a problem occurred.  It is just as likely that the contaminants have been flowing into Rye water and have been spread all over town for 10 or 15 years.  There is nothing to tell us otherwise, he said.  One reading is sufficient.  It should not be said that we need more data.  We need to take action, he said.

            Police Chief Kevin Walsh referred to Emergency Public Information calendars that had just come out and a photograph by Planning and Zoning Administrator Kim Reed on the page associated with August.  There is also a picture of a boat sailing off of Rye associated with the September page, he said.

 

Consent Agenda (11:49 elapsed)

 

            Selectman Musselman enumerated the items as a letter from Barbara Dallmeyer relating to property taxation, a letter from Peter Crawford seeking permission to collect signatures for Petitioned Warrant Articles at the Recycling Center, a Heritage Commission request to expend funds from donations in the amount of $2850 and a letter from David Rimbach seeking a tax abatement.  Selectman Musselman said that, if Mr. Crawford’s request remains on the Consent Agenda, it would be granted without even asking Mr. Crawford what he would be seeking signatures for.  He also said that Mr. Rimbach’s request would be referred to the Assessor.

            All items on the Consent Agenda were approved unanimously.

 

Minutes (13:01 elapsed)

 

            The minutes of the October 26, 2017 all-day budget meeting were unanimously approved with changes. 

            The minutes of the December 11, 2017 meeting were discussed and some changes made.  After Mr. Magnant said that there was a problem with the minutes of both the public and non-public sessions of that day, a motion was made to table both of them, which carried unanimously.

 

Retaining wall in right-of-way at 804 Central Rd. (19:50 elapsed)

 

            Becky Franz, the person requesting permission for the wall addressed the Selectmen.  She said that they were about four days into construction of a short retaining wall when Public Works Director Dennis McCarthy stopped by and informed them that they were not following the property line.  It angles slightly.  We told him that an angled wall would look strange and would interfere with the trees.  He said that I would need to talk with you, she said.  She apologized for not coming to the Selectmen first.  We have stopped construction pending your approval, she said.

            Selectman Musselman said that she was not the first person to have started building a wall and been visited by Mr. McCarthy.

            Mr. McCarthy said that the communication lines with the precinct are not quite as good.  We are trying to straighten that out, he said.  The precinct sets the grades of the sidewalk.  We just assist them with the removal, he said. 

            Ms. Franz showed the plan to the Selectmen and described where the wall would be.

            The motion to approve the wall subject to an appropriate agreement executed by the Town Administrator and approved by the Public Works Director carried unanimously.

 

Motion to seal non-public minutes (25:49 elapsed)

 

            The motion to seal the non-public minutes of the meeting at 5:45 p.m. carried unanimously.

 

Prepayment of taxes (26:35 elapsed)

 

            Town Clerk Donna Decotis came up to sit at the table.  Selectman Musselman said that there had been lots of interest in Rye by people wanting to prepay taxes.  You can only do so if the municipality has adopted a portion of the state statute that authorizes that.  It would need to be done by the governing body, not the legislative body.  It needs to be done by the end of the year if it is to be of any use to people this year, he said.

            Town Administrator Magnant said that this had come about because of the President’s and Congress’ massive tax reform.  It is going to have a negative impact on people’s ability to deduct their property taxes so the phones have been ringing off of the hook in Donna’s office.  He said that the Town Clerk had done research as well.  If passed we are ready to have it up and running tomorrow, he said.

            Selectman Jenness said that nobody knows what their taxes will be.  She asked whether even dollar amounts would be accepted. 

            Mr. Magnant said that the prepayment could be any amount up to two years worth.  It would be up to the homeowner to decide how much to prepay, he said.

            Ms. Decotis said that there is no problem with the tax system.  That was verified with Town Finance Director Cyndi Gillespie, who uses the same system.  I also spoke to the auditors who indicate that there are other towns that do this, she said.  We would have to put in the credits, she said.  She suggested that whatever was paid in 2017 would be the limits for 2018 and 2019. 

            Past practice has been to refund any credit balances by year end, Ms. Decotis said.

            Selectman Musselman asked whether any additional bonding would be required.

            Mr. Magnant said no.

            Selectman Musselman asked how they knew whether the new tax bill would allow people to make any use of this benefit.  He also asked whether the Town was assuming any liability by permitting this at such a late date.

            Selectman Winslow said that there is no assurance that the tax bill will allow this to happen.  I have an opinion from my CPA which advises people to prepay their property taxes but not their state taxes.  If they are subject to AMT they may not be able to get the benefit however, he said.  Editor’s note:  AMT stands for Alternative Minimum Tax.             Selectman Winslow suggested that two statements should be made if this is approved, first that allowing advance payment of property taxes in no way assures that these payments will qualify for 2017 tax deductions and second that participants are advised to obtain their own advice. 

            Ms. Gillespie said that if, after two years, more than $600 is retained, it will probably need to be sent back to the taxpayer with a 1099.  That is currently true of any abatements over $600.  Editor’s note:  A form 1099 is the tax form used to report income to the IRS.

            Selectman Musselman asked what happens if the tax bill is very different next year, for example if the property burns and is not rebuilt, or if there is a dispute.  He said that he thinks that the Town Attorney should draft a disclaimer. 

            Mr. Magnant said that he was not sure that he would be able to get that done in a timely manner. 

            Selectman Winslow said that they are not plowing new ground as other towns allow prepayment.

            Selectman Musselman disagreed, saying that the fact that the taxes may be deductible if paid this year, but not next year, is plowing new ground. 

            Ms. Decotis said that, just today, 30 voice mail messages had been received on this issue.  We’ve also been flooded with emails, she said. 

            Steven Borne said that he agreed with Mr. Magnant and did not think that complicating the issue with disclosure was appropriate.  He said that they would need to get the word out.  He also asked what would be done with the extra money collected.

            Selectman Musselman said that it would go into the General Fund, earning a small amount of interest on it, with no interest paid to the property owner, and would not be spent. 

            Mr. Magnant agreed that they would need to get the word out. 

            Selectman Musselman made a motion to authorize prepayment of taxes in accordance with RSA 80:52-a, with an appropriate disclaimer drafted by the Town Administrator, to be incorporated with receipts.  All were in favor.

 

Six month report on utilization and costs of the second ambulance (45:24 elapsed)

 

            Fire Chief Mark Cotreau came up to the table to present.  He said that prior to his employment with the Town a new ambulance had been obtained and there was a six month trial to see how it worked out financially to retain the other one (referred to as A1). 

            We had some expenses, he said.  In readying the ambulance, we bought seven new tires for $2600, a new fuel tank for $3471 and had a DOT inspection in November and some minor repairs.  Total expenses were $6617, not counting fuel and insurance.  From May 5 to December 22 there were 16 responses as the backup ambulance.  There were only 9 transports.  The net revenue per transport this year is $452, for a total of $4068.  It is not all billable or allowable, he said. 

            Net of expenses, the revenues were a negative $2549.  I don’t see a need to expend a similar amount of funds to ready the ambulance in the future.  I would be remiss if I did not say that the Rye Firemen’s Association invested in readying the vehicle by contributing $3000 to the purchase of a new stair chair, he said.  If we can agree that new tires are a cost of readying the ambulance and that fuel tank replacements are rare retention of the ambulance made money.  Anything can happen, but A1 is not nickel and diming us.  Without the tires the revenues are positive.  Staffing costs are not affected.  We call back every time we have an emergency run anyway.  If there is no ambulance present, the call would be covered with the fire truck and a mutual aid ambulance would come from out of town.  There is a value operationally if there is a serious medical emergency, he said. 

            A survey of 13-15 communities under 10,000 population indicates an average of 2.11 ambulances.  We would not be an outlier, he said. 

            The value is not in the transports but the amount of time the ambulance is available. 

            Selectman Winslow noted that Rye’s fees are at the low end compared to other communities. 

            Selectman Musselman said that it was the most cogent analysis seen from the Fire Department in a very long time.  I understood it, it made sense and there wasn’t anything else to ask, he said. 

 

Energy Committee request to endorse the formation of a multi-state task force to explore the potential for offshore wind development (53:49 elapsed)

 

            Howard Kalet and another Energy Committee member addressed.  A number of other communities had asked the Governor to join in the effort.  It was indicated that they had suggested the form of a letter to be sent.

            Selectman Jenness said that she is in favor of exploring new sources of energy and that the letter does not require the expenditure of town funds. 

            Selectman Musselman said that he thinks that wind energy is an untapped energy source that needs to be tapped.  All of the communities joining in are ones that will not have to look at it, he said.  There will be a lot of people in Rye who will not want to look out at windmills, even if they are 10 or 20 miles offshore.  It has proceeded at Block Island with varying reactions.  This is the New Hampshire and Maine coastline.  It does not refer to Rye.  I will vote to send the letter, he said.  It should be environmentally evaluated if there is a visual impact.

            Selectman Winslow said that Rye has the longest coastline of the 18 miles of New Hampshire coastline.  A lot of our tax base is along the seacoast.  I talked to a friend who has a house on Block Island.  He said that the visual impact is significant.  They can be as high as 900 feet.  You are looking at them even 10 miles out.  He spoke about the impact on fishermen and lobstermen and the impact on their radar systems when they are traveling in fog.  We need some understanding of where they would be and some ability to have a say on the task force as we will be the most impacted of any other community in New Hampshire, he said.

            Suzanne McFarland, Rye Conservation Commission, said that they had talked about this at length.  I live on the beach, she said.  We want to ask the Governor for a task force as we want a seat at the table.  Maine has a task force.  All of the states on the Eastern Seaboard have task forces, except for us, she said.  In federal waters, they can decide.  We don’t get to pick the developer.  If we don’t have a task force we don’t have a seat.  They are talking about 30-50 miles offshore.  Governor Sununu is dealing with five year old data.  Ms. McFarland said that there are fourteen towns looking into this.  She listed some of the towns.  The Conservation Commission and Energy Committee would do a warrant article on this subject if needed, she said. 

            Selectman Musselman said that he had read in the Boston Globe earlier that day that Donald Trump had tweeted in 2012 that wind energy was an environmental and visual disaster.  There are some politicians that are against it, but I am not sure of the depth of analysis that he did before sending his tweet, he said.

            Ms. McFarland reiterated that New Hampshire should have a seat at the table. 

            Selectman Musselman asked whether there was a motion.

            Selectman Winslow suggested that the letter request that someone from Rye be on the task force as the most impacted community.

            Selectman Jenness said that she agreed with Ms. McFarland that without a seat the town would have no voice at all.

            Selectman Musselman referred to the Isles of Shoals and said that you wouldn’t think that they would pick a spot that was populated well out to sea. 

            Ms. McFarland said that they are looking at the Portsmouth Naval Shipyard to do assembly, which would be the state.  Editor’s note:  The shipyard is actually in Maine.  Mr. Kalet said that the greatest activity is in the North Sea using floating offshore oil platform technology.  There is discussion of a cable going from Maine to New Jersey with local taps. 

            Selectman Winslow said that he had seen wind turbines within 2-3 miles of shore in Europe.  He said that the oil platforms have also been produced in Portland, Maine, so Portsmouth may have competition. 

            Selectman Musselman moved that the Chairman be authorized to send a letter similar to that suggested, but with a clause suggesting that, since Seacoast residents would bear the burden, that Rye have a seat on the task force.  Selectman Jenness seconded.  All were in favor.

            Selectman Musselman said that no citizen petitioned warrant article was needed.

 

TD Bank Building Purchase (55:16 elapsed)

 

            Town Administrator Magnant said that he had been asked to negotiate with the Bank with the help and assistance of the Town Attorney.  You have the proposed purchase and sale agreement for $540,000 in your packets, he said.  It has been vetted by the Town Attorney.  Time lines have been adjusted to match up with Town Meeting.  The bank initially wanted a deposit but they have graciously agreed to remove that clause.  It is obviously conditioned on the passage of the warrant article.  The closing date is no later than April 10, 2018, he said.

            Selectman Winslow asked about easements, encumbrances or hazardous waste issues. 

            Mr. Magnant said that there were none that he knew of.  He added that the bank wants the Town to have title insurance.  There will be a host of additional fees included in the warrant article, he said.

            Selectman Musselman asked about the duration of the option and referred to the mention of a date within fifteen days of approval.

            Mr. Magnant said that that was Town Meeting approval. 

            Selectman Musselman referred to a March 10 Town Meeting date and asked whether closing could occur by March 25.  Editor’s note:  The annual Town Election (i.e. second session of the Town Meeting) is always scheduled for the second Tuesday in March, which is March 13, 2018.  He asked what there rush was if it all happened by April 10.

            Mr. Magnant said that the Bank is very anxious to get this done. 

            Selectman Musselman asked whether there was a financial issue, and noted that they had not yet decided whether this would be a bond.

            Town Finance Director Cyndi Gillespie said that bond bank applications are due April 13 and the money is not released until July 13, so that would be a problem, she said. 

            Selectman Musselman asked whether they could pay cash and recoup the funds once the bond went through.  Ms. Gillespie indicated that that could be done.  Selectman Musselman asked whether, if cash was paid, the transaction could occur 15 days after Town Meeting.  Ms. Gillespie confirmed. 

            Selectman Musselman referred to an extra $100,000 in interest if it is bonded over 10 years. 

            Selectman Musselman said that we had not had an opportunity to do due diligence yet. 

            Mr. Magnant confirmed that they would not be allowed in the property without a signed purchase and sale agreement. 

            Selectman Musselman asked whether the staff had been through the property prior to its closing.

            Mr. Magnant confirmed. 

            Selectman Musselman asked what was left to be done.

            Mr. Magnant referred to inspection, a radon test, and testing of the leach field by the Building Inspector.  That would occur in January or February, he said.    

            Selectman Winslow asked whether the drive up window was operational and how many safes there were at the bank. 

            Mr. Magnant responded that it was operational and that there are three safes.  Town Clerk Donna Decotis confirmed that they are usable, he said, one is for cash and the other two for safety deposit boxes, he said.

            Selectman Musselman asked whether there was sufficient space to house two departments, such as Town Clerk and Assessing or Town Clerk and something else. 

            Mr. Magnant confirmed that it was possible depending on the departments.  Some modifications may be needed.  Bringing the files over may be problematic.  A lot of the area is taken up with the lobby and there are small offices and a conference room.  Temporary cubicles might be possible, he said.

            Selectman Musselman asked whether removal of certain departments would solve some of the problems with Town Hall. 

            Mr. Magnant said that Planning and Zoning Administrator could be moved into the Town Clerk’s area and Building Inspector Peter Rowell could be moved downstairs from the old Recreation area. 

            Mr. Magnant said that moving people around would permit certain departments that deal frequently with the public, such as Assessing, to be located on the first floor.  The TD Bank building is accessible, he said.  They claim the countertops are ADA compliant, he said. 

            Ms. Gillespie suggested removing the safe deposit boxes so that the safe could be used for historical records.

            The motion of Selectman Winslow to authorize the Town Administrator to assign the purchase and sale agreement, seconded by Selectman Jenness, carried unanimously.

Editor’s note:  There was more discussion on the TD bank building acquisition and costs beyond the $540,000 acquisition price later in the meeting.  Click here.

 

Bond public hearing date (65:41 elapsed)

 

            Selectman Musselman asked which bonds this was for.

            Ms. Gillespie said that it was for any bonds and that there were several.

            Ms. Gillespie said that the last day for petitioned bond warrant articles was January 5.  The last day to post any bond hearings is January 9.  The last day that they can be held is January 16. 

            It was agreed that the bond hearing would be January 16 at 6:30 p.m.

            Mark Josephs, 540 Washington Rd., asked whether the intent was that the building would have the same footprint as the TD Bank building.    

            Selectman Musselman said that they would be changing only the sign. 

            Mr. Josephs asked about the plans for the back two acres.

            Selectman Musselman said that a future town meeting could decide otherwise, but there are no current plans to do any construction other than inside the existing building.  He added that he thinks that it is attractive to have drive through service, similar to that in Hampton and Somersworth.

            Mr. Josephs expressed concern about future expansions and possibly carving into the Town Forest. 

            Police Chief Kevin Walsh said that the parking lot is used for school events in the evening.  He said that there is not room for any additions. 

            Selectman Musselman said that there will not be anything, ever, moving into the Town Forest, which is controlled by the Conservation Commission, or into Parsons Field which is sacrosanct, and, he believes, also controlled by the Conservation Commission.  In the near term it can be non-descript, and that is the hope, he said.

 

Letter regarding Keno in Rye (83:16 elapsed)

 

            Selectman Musselman summarized the issue, which relates to a new state statute that allows Keno in restaurants and bars that pour alcohol.  The funds would be used for full-day, rather than half-day, Kindergarten.  The letter is from the Executive Director of the New Hampshire Lottery and, according to the agenda, asks for a warrant article to allow this in Rye. 

            Police Chief Kevin Walsh estimated that there are seven or eight restaurants in Rye. 

            Selectman Musselman asked whether anything had been heard from restaurants in favor. 

            Mr. Magnant said that nothing had been heard.

            Selectman Musselman said that they probably had not been informed. 

            Suzanne McFarland said that Portsmouth had a hearing on the issue and none of the restaurants wanted it.             

            Selectman Jenness said that it was the wrong way to go about funding.  She asked whether restaurants would be required to accept Keno if a warrant article passed.

            Mr. Magnant said that he did not know, but he did not believe so. 

            Chief Walsh referred to residents near the Rye General Store as being possible opponents of Keno in that facility. 

            Selectman Winslow said that input was needed before they go forward with the warrant article.

            Selectman Musselman said that his own opinion is that it is the most regressive way to tax people. 

            Selectman Winslow said that New Hampshire has a long history of that, and was the first state to institute a lottery. 

            Ms. Gillespie said that the governing body is not required to place the warrant article, although a citizen petition could do so. 

            The motion to place the letter on file carried unanimously.

 

Letter from John Loftus requesting breakdown of Town Hall soft costs (87:41 elapsed)

 

            Mr. Magnant distributed a copy of a letter that he had received earlier that day from John Loftus.  He said that Mr. Loftus was requesting a breakdown of the soft costs used by Hutter for the 2017 Town Warrant.  I have given him everything that I can put my hands on in terms of soft costs that we used, Mr. Magnant said.  We didn’t know what the soft costs were that Hutter used, he said. 

            Selectman Jenness said that they should not ask Hutter questions that the Town would be charged for. 

            Selectman Musselman said that he did not have additional information.  Mr. Loftus should be told that he has all of the information that is in our possession.  We don’t know what his proposal is, he said.  Editor’s note:  Mr. Loftus was the proponent of 2017 Petitioned Warrant Article 34, which passed 873-700, which, at no cost to taxpayers, asked him to do a conceptual design of a new Town Hall with the assistance of an architectural firm.  Although the discussion relating to the warrant article was that the plan was to tear down the existing Town Hall, that was not mentioned in the warrant article.

            Town Administrator Magnant said that he planned to demolish this building.

            Selectman Musselman asked where the employees would be moved.

            Mr. Magnant said that it would probably be into trailers.

            Mr. Magnant said that he had a spreadsheet that provided for $296,000 in soft costs.  The warrant article was $300,000 more than Hutter had proposed.  That was the soft cost and contingency that we rolled into the warrant article, he said.

 

Capital outlay:  Town Hall (90:51 elapsed) 

 

            Town Finance Director said that the Department Request had been changed to $17,500, which is general maintenance.  Originally, $25,000 had been put in.  The reason money was taken out was that it had been overbudgeted by $10,000.  The Capital Outlay had been for $39,000, of which $20,000 was for the stone wall and $19,000 was the Historical Structures Report.  The Selectmen took that out, believing that it was part of the painting.  Selectman Musselman nodded his head no. 

            Ms. Gillespie said that the warrant article cannot be split between the painting and operating costs.  It needs to say that the painting is $95,000, of which $80,000 is from the Municipal Buildings Expendable Trust and $15,000 is to be raised by taxation.  That takes care of that.  I took $10,000 out of what we had budgeted, she said.

            Selectman Musselman said that he thought that they had talked about the fact that, if the Loftus proposal gets voted up, no painting of the Town Hall is necessary and there is a capital reserve for Town Hall maintenance that in future years would need to be rebudgeted elsewhere.  If the Loftus article is voted down we need to paint the Town Hall as a matter of normal prudence.  We thought that we were going to have the $95,000 at the end of the budget process this year so there would not be a warrant article on painting Town Hall.  He said that the two Hutter proposals had been voted down in 2017, as well as a $500,000 warrant article that included the painting of Town Hall.  The question is, if there are sufficient funds in the reserve and the warrant articles are voted down, can the $95,000 be taken out and the Town Hall painted, he said. 

            Ms. Gillespie said that there would only be $83,000.

            Selectman Musselman asked why more couldn’t be put in.

            Ms. Gillespie said that money cannot be put in and taken out in the same year. 

            Selectman Musselman said that he now understood.

            We may wind up with only this building at the end of the process, he said.  If that happens we need to paint it.  But, if we put another warrant article in people who vote for the Loftus thing are going to vote not to paint it because that’s stupid, he said.

            Mr. Magnant said that that had come up at the Budget Committee meeting. 

            Ms. Gillespie said that the warrant article needs to indicate the total being spent.

            Selectman Musselman warned that all of warrant articles may be voted down and we will go through another year with more peeling paint. 

            Ms. Gillespie said that if $15,000 is put in the operating budget it would raise the question of, if the $80,000 gets voted down, there is another $15,000 elsewhere. 

            Selectman Musselman asked whether the $80,000 could not be spent on painting if there is another $15,000 elsewhere.

            Ms. Gillespie confirmed and said that the money could not be taken out without a warrant article.

            Selectman Musselman said that it was then not an emergency fund.  It wouldn’t make sense to require a warrant article if a boiler blows up, he said. 

            Ms. Gillespie said that, no, this is an expendable trust and the Selectmen are the agents to expend. 

            Selectman Musselman asked why the $80,000 couldn’t then be taken from the reserve and another $15,000 from another line item. 

            Ms. Gillespie said that that could be done.

            Mr. Magnant warned that the fund would be depleted. 

            Ms. Gillespie said that there would be $3,000 left, with an additional $25,000 put in, so that it would be at $28,000. 

            Selectman Musselman said that two sides could be painted one year and the other two the next year.

            Ms. Gillespie suggested that the front be done first. 

            Ms. Gillespie said that $15,000 would be added to maintenance and the warrant article eliminated. 

            Steven Borne asked whether the money for the painting couldn’t be put in the operating budget.

            Selectman Musselman said that that is what they are going to do, as they are pretty confident that one of the outcomes will be that they wind up with nothing. 

            Ms. Gillespie asked whether $19,000 couldn’t be put back into the capital outlay for the Historical Structures Report. 

            Ms. Gillespie said that she would need to return to the Budget Committee with some items and that they are aware of that. 

            Selectman Musselman asked whether it was their sense that the $12,000 from L-Chip would be accepted.  Editor’s note:  The $12,000 is for a Historic Structures Report for Town Hall, for which a quote for $31,000 was obtained. 

            Town Administrator Magnant said that he didn’t know.  We were told that that there were no strings attached.  Many of the strings in an earlier document remain, but I am not sure we got the correct document as we are dealing with a new individual at L-Chip.  It depends on how you feel about the restrictions.  I was told by the Director that there were no strings, he said. 

            Selectman Musselman said that originally the strings related to a $60,000 grant for painting. 

            Selectman Musselman asked what the other Selectmen thought regarding whether the Historic Structures Report would still be done if the grant was not accepted. 

            It was agreed that Capital Outlay for Town Hall would be $39,000.  Editor’s note:  Apparently that is $20,000 for the wall and $19,000 for the historic structures report. 

            The motion to approve $39,000 carried unanimously. 

 

TD Bank acquisition additional costs (105:46 elapsed)

 

            Selectman Musselman said that there was $96,760 in additional costs associated with the TD Bank building.  Copies were distributed.

            Town Administrator Magnant said that the security system would not remain.  There are cleaning costs.  There is some concern that the leach field may be failing.  That will not be known until the purchase and sale agreement has been signed and an inspection can be done.  A cost of $25,000 was estimated.  Utilities are included.  There are closing costs listed.  The bank is spending about $5000 a year on maintenance and repair.  The figure for HVAC servicing at the Public Safety Building was used. 

            There was discussion about landscaping.  Mr. Magnant said that that is not currently done around any of the town buildings.

            Selectman Jenness said that they have some shrubs around the building now. 

            Selectman Musselman said he just crossed it out.

            A property survey was done in 1994 Mr. Magnant said.  I’m not sure another is needed, he said. 

            Selectman Musselman said that if it was a field survey with bearings and distances it should be fine. 

            Mr. Magnant said that the Building Inspector thought that we might want to spend some money to go out and find the monuments. 

            Selectman Musselman said that, as long as a land surveyor has found all of the corners and shown it on a map and there is a stamped plat we don’t need to go out and find property corners.  We can go out on foot, he said.  He asked Public Works Director Dennis McCarthy whether he agreed. 

            Mr. McCarthy said that, if it is to be bonded, it would depend on what the bond bank wants.  They may feel that the survey is too old, he said.

            Selectman Musselman said that they had been encouraging the Conservation Commission to find all of their bounds.  But, their properties are in the middle of nowhere and it is hard to know where the bounds are, he said. 

            Mr. McCarthy referred to what had happened when they surveyed the Public Works site.  Selectman Musselman said, “let’s not.”  Editor’s note:  In 2016 it was discovered that a corner of that site that had been used as a gravel pit had a cloud on the title as there was a provision in the deed that the land would revert to the prior owner once all of the gravel was exhausted.  It cost the town $75,000 to remove the cloud from the title. 

            Mr. Magnant referred to telephone and IT costs and the need to run a data line from the main terminal at the Public Safety Building.  We need a copier over there.  Snow removal will be taken care of by Public Works at no cost.  New signs were estimated at $2500.  Insurance would increase slightly.  There may be design costs.  A nominal amount was put in there for that.  Remodeling costs were estimated at $5500, including cubicles, a small amount for new furniture and a nominal amount for carpeting.  There is no figure for contingency, he said.

            Mr. Magnant said that the roof was replaced in 2014.  There are also two new HVAC units.  They have maintained the building well.  The leach field is the only major unknown, he said. 

            Selectman Musselman suggested that $20,000 be budgeted for the leach field, that the landscaping and survey costs be removed, and the figure reduced to $84,760, or $84,800.  If that is not enough additional money can be budgeted the following year, he said.

 

(114:31 elapsed)

            The discussion then turned to bonding.  Selectman Musselman asked whether the $84,800 was under the bonding appropriation or was in addition. 

            Mr. Magnant said that the latter was the case. 

            There was discussion about whether it could be done as a single warrant article.  Mr. Magnant and Ms. Gillespie said that, as far as they knew that was permissible.

            Selectman Musselman asked about the impact on the tax rate under the bonding and cash scenarios.  He said that the total cost over ten years would be about $100,000 more in interest.

            Selectman Jenness said that the decision could change all of the other decisions that people are going to make.  We’ve got a lot on our plate, she said. 

            Selectman Musselman said that the other articles need to come in by January 5, and asked whether this should be revisited on January 8.  Editor’s note:  January 5 is the last day for petitioned bond articles only.  He said that all of the citizens petitioned warrant articles will be in.  Editor’s note:  Petitioned articles that do not involve a bond are not due until January 9. 

            Selectman Winslow said that the $100,000 for interest does not sound like money well spent. 

            Ms. Gillespie said that the sale of the Trolley Barn has not yet been discussed.  That would be included when the revenue is estimated on the MS-7 form, she said. The number on the tax effect is a raw number, she said.  I gave you a 25 cent per $1000 number for the outright purchase and a 3 cent number for bonding in the second year, she said.  That is high as it does not include the revenue.

            Selectman Musselman said that the issue would be taken up on January 8.

           

Red Mill Lane culvert (119:51 elapsed)

 

            Selectman Musselman referred to $250,000 for Red Mill Ln.  We have never bonded anything that small, he said.  There was discussion about all of the expenditures to be bonded having once been combined in a single warrant article.  Mr. Magnant asked Ms. Gillespie whether she had confirmed that, even though voted separately, they could be bonded together.  Ms. Gillespie confirmed and provided an example. 

            Selectman Musselman pointed out that the Recreation garage is not bonded.

            He said that they had already voted for the $200,000 for Shoals View Drive to be bonded and the Budget Committee agreed.  So we should probably bond the others, he said, but then asked how a cash purchase for TD Bank could then be rationalized. 

            Ms. Gillespie said that she had received an interest rate quotation from the bond bank in the mid twos to three percent a few months earlier.  The bank rates are now about the same, she said. 

            Selectman Jenness moved that the article be recommended for $250,000.  Selectman Musselman seconded.  All were in favor.

 

Recreation maintenance garage (122:29 elapsed)

 

            Selectman Musselman said that the Budget Committee had already voted it up.  He said that things are out of order this year. 

            Mr. Magnant said that the Board of Selectmen had voted for it, but did not have the wording on the warrant article.  It was revealed that the wording had changed from a 3/5 vote required to a majority vote required.

            The motion to approve the warrant article carried unanimously.  Editor’s note:  The warrant article is for $150,000.

 

Fire truck capital reserve fund (123:11 elapsed)

 

            Selectman Musselman said that this changes the one fund to allow it to cover both fire and ambulance and it puts another $100,000 into it. 

            Mr. Magnant explained the warrant articles that were previously presented.  I went around and around with the Town Attorney and we determined that the purpose of the two funds could be changed this year, and in 2019 the small fund with $11,000 could be discontinued.  One warrant article would change the cell tower fund so that it would be able to be used for ambulances, fire trucks and related equipment.  The fire truck fund would be changed so it could be used for fire trucks, ambulances and related equipment. 

            Selectman Musselman said that this was far better, but it was still going to be confusing. 

            There was discussion about the warrant article to repurpose the cell tower revenue fund to both fire and ambulance having already been approved. 

            Selectman Musselman said that the next article provides for the case where people don’t want to combine the fire and ambulance funds, so $100,000 can still be put in that fire equipment fund. 

            The motion for the warrant article to put $100,000 in and change the names carried unanimously. 

            The motion for the warrant article to put $100,000 in for fire only carried unanimously. 

            Selectman Musselman said that the next warrant article comes out.

 

Harbor Road Bridge (127:23 elapsed)

 

            Selectman Musselman asked why this expenditure of $75,000 was being bonded.

            Ms. Gillespie said that it was originally in capital outlay.

            Selectman Musselman said that it would be senseless to bond this amount.  It says for remedial repair.  It says majority vote and we’ll vote on that on January 8, he said.

 

Storm water asset management $30,000 (128:51 elapsed)

 

            It was agreed that this would be taken up on January 8.  Selectman Musselman referred to this as Dennis’ “goes into,” “goes out of.” 

 

Library (130:46 elapsed)

 

            Mr. Magnant said that the Library would be back on January 8.  Editor’s note:  The Budget Committee approved their budget as requested on December 21, 2017.  Selectman Musselman said that the Library had not wanted to come that evening.  Editor’s note:  See the notes of the December 11, 2017 meeting.  A lot of the Library Trustees were not available for this meeting.

 

Sale of Trolley Barn (Old Police Station)

 

            Mr. Magnant said that a decision had not yet been made on the Trolley Barn.  Editor’s note:  At the December 11, 2017, at Selectman Winslow’s urging, the Selectmen had agreed to look into selling that building, also known as the Old Police Station, to help defray the cost of the TD Bank building.

            The motion to place that as a warrant article carried unanimously.  It was agreed that it would read “Trolley Barn/Old Police Station.”

 

2017 encumbrances (132:41 elapsed)

 

            Selectman Musselman said that they had a long list, which seems longer than normal.  He asked Town Finance Director Cyndi Gillespie whether she had reviewed each item and confirmed that there was a valid “extender agreement” for each.  Editor’s note:  Normally, money appropriated in one calendar year cannot be carried over to the next year if not spent by the end of the year, although there are exceptions.  One such exception is that, if the Town has entered into a contract requiring that it spend the money, it may “encumber” the funds, permitting the appropriation effectively to be carried over.  Appropriations that expire at year end add to the Unassigned Fund Balance that may to be used to reduce taxation the following year.  Also, to the extent that revenues come in higher than the final estimate made prior to the setting of the tax rate, the excess will also add to the Unassigned Fund Balance.  The fact that over $238,000 is being encumbered this year does not mean that there will be no 2017 surplus to augment the Unassigned Fund Balance, only that it will not be as large as it otherwise would have been.  Although there have been exceptions, the Selectmen have, in recent years, including in 2017, generally voted to apply all of the excess Unassigned Fund Balance towards tax reduction.

            Ms. Gillespie confirmed.  She said that the two largest ones relate to the Fire Department and Public Works.  She said that there are three categories:  Sewer, Recreation and the General Fund. 

            Selectman Musselman noted that there was nothing for the Police Department. 

            The motion to approve $195,595.55 in General Fund encumbrances carried unanimously.

            The motion to approve $32,082 in Sewer encumbrances carried unanimously.

            The motion to approve a $10,395 encumbrance to the Recreation Revolving Fund for a fence and guard rail project carried unanimously. 

 

Highway Department praise for dealing with ice (136:26 elapsed)

 

            Public Works Director Dennis McCarthy said that the department employees had been called out eight times in the past week, not counting Christmas.  They did a good job.  We came out of it without too much damage.  I don’t know how the mailboxes did.  We don’t count those.  It was one of the worst weeks that we’ve ever had to deal with, with the ice.  It’s easier when we get a lot of snow, he said.

 

Adjournment (137:38 elapsed)

 

            Whereupon the meeting adjourned at approximately 8:57 p.m.