NOTES OF MARCH 26, 2018 RYE BOARD OF SELECTMEN MEETING

Final Revision B – Provided by the Rye Civic League

 

            Present (clockwise around table): Town Administrator Michael Magnant, Selectmen Keriann Roman, Priscilla Jenness and Phil Winslow.  Not present:  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:  Mike Coutu, Deb Crapo, Randy Crapo, Peter Crawford, Frank Drake, Frances Erlebacher, Kendra Gemmett, Paul Goldman, Jaci Grote, Alex Herlihy, Jane Holway, Ralph Hickson, Jean Low, Mel Low, Joe Mills, Dan Philbrick, Paula Tarte.

 

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 6:29:55 (0:00 elapsed).

 

Summary

 

1.      There was extensive public comment on the defeat of Article 9 to tear down and rebuild Town Hall.  Some urged the Select Board to start now supporting a tear down and new build, while others urged moving forward with painting and other Town Hall issues as the 45 percent vote is a long way from the required 60 percent.

2.      Selectman Jenness will be BOS Chairman, new Selectman Roman will serve as the representative on the Heritage Commission and the CIP Committee. 

3.      Former Selectmen Mills spoke on a number of issues, demanding that the Town Hall ADA issues be addressed to accommodate him, while also arguing that the plan to tear down and rebuild Town Hall should proceed notwithstanding its defeat at the polls .

4.      The application by the Heritage and Historic District Commissions to participate in the Certified Local Government program was tabled after issues were raised regarding town employee time.  One resident challenged the work that the Heritage Commission had done.

5.      A committee will be formed to look at the problem of dogs at large.

6.      Former Selectman Musselman’s firm will apparently be granted a no-bid contract to monitor Town landfills for one year.

7.      The Beach Committee charge was delayed until the next meeting after new Selectman Roman suggested expansion of the scope.

8.      Selectman Roman appeared to suggest deferring the budgeted Town Hall painting until after the 2019 election when she argued that full renovation or tear down/rebuild might pass.

9.      The Selectmen read a letter from Steven Borne.  Click here for a full list of points.

10.  The Police Chief will warn Summer Sessions that the Select Board may not reissue their permit if they do not come up with a traffic safety plan.

 

Public Comment (1:21 elapsed)

 

(1:44 elapsed)

Mike Coutu said that the election results on Article 9 revealed considerable interest in the “Loftus proposal.”  This issue has been one of the most divisive ones before the town in a long, long time, he said.  He encouraged the Board to exercise the leadership that he thinks is necessary to take that proposal forward.  With the support of the Select Board there would be sufficient votes for it to pass, he argued, although there would never be unanimity.  Since the tax impact is a key factor, he suggested that, since the useful life of the building would qualify for 30 year financing, that might be better than the historical practice of 10 year financing.  He understands, however, that the interest expense would be considerably more, he said. 

 

(3:40 elapsed)

            Alex Herlihy noted the first time that there was a majority female board.  We look forward to working with you in a cooperative and respectful manner, including the Civic League that reports what is going on with town government, he said.

            Mr. Herlihy referred to his letter regarding the deferred maintenance on Town Hall.  Editor’s note:  Click here to see discussion of that letter later in the meeting.

            Mr. Herlihy said that he continues to encounter confusion regarding three groups in town, although hopefully that is not the case with anyone here.  I’ve heard it from some people who should know better.  Hopefully those present can go out and educate the voters.   The Historic District Commission was established in 1964.  It’s job is to pay attention to changes to buildings in the Historic District only.  That’s part of town government.  In 1976 the private Rye Historical Society was formed.  In 2011, the Rye Heritage Commission was formed as part of town government.  According to the RSAs, it is supposed to advocate for the preservation of historic structures, like this one.  Editor’s note:  See N.H. Rev. Stat. Ann. (“RSA”) 674:44-a.  It is confusing to those who don’t pay attention to town government, he said.  He said that he is a member of the Heritage Commission and there is a plan to support through grants and fund raising to move ahead with this building and take care of the deferred maintenance, which includes making the bathroom ADA compliant. 

            Mr. Herlihy said that the exposure of the Sunken Forest just south of Locke’s Neck is extraordinary.  He said that he had met with John Loftus the day before and told him that, when last seen in 2010, it was just a few stumps.

 

(6:58 elapsed)

            John Loftus read a letter that stated that, once again, the town had failed to find resolution of the Town Hall dilemma.   The space needs issue has not been resolved.  Over the past five years this Board has backed various warrant articles that favored renovation of the current building with all of its problems of providing good working space, for example the 19 foot ceilings.  Albert Einstein said that there is no prudence in doing the same thing over and over and expecting a different result.   Forty-five percent of the voters voted in favor of a $3 million bond article for a new design and new construction.   In contrast, only 22 percent stood for renovation and 22 percent for replication in 2017.   Roughly double the number of voters have voted for the new design and new construction vs. renovation.  Editor’s note:  These numbers are misleading.  Note that this year’s 45% is approximately equal to that of Article 30 in 2017, and less than Article 24 that year.  There were five articles in 2017 related to Town Hall:

 

            Article number            Description                              Cost                 Percent yes

 

                         6                     Tear down/rebuild replica       $3,386,752           21.6

                         7                     Renovate and extend               $3,200,000           21.6

                        24                    Move forward with the article

                                                   above getting the most votes   none                   47.3

                        30                    Fix major issues with TH          $500,000            44.5

                        34                    Authorize Mr. Loftus to design

                                                   new Town Hall                       none                   55.5

 

Mr. Loftus recommended that this be considered for the 2019 warrant.  It is the one path forward that solves all of the problems with space needs, health hazards, ADA compliance, safety codes, energy efficiency and low maintenance.  In talking with voters this year, many follow the Board’s recommendations.  The 45 percent vote could change dramatically, particularly without another approach, such as the TD Bank, on the warrant.  Mr. Loftus referred to the unknowns with renovation, particularly with a building that has had poor maintenance over the years. 

            Mr. Loftus referred to mold.  A number of sources have said that there is no known mold in the building.  However, nobody has done any looking via intrusive inspection where it would most likely be found.  Mr. Loftus said that, the prior week, he had spoken with the author of the RPF Environmental report who agreed that it would not be surprising to find mold given the age of the building.  He asked how, as a town, we can afford to spend $95,000 on painting and $18,000 chasing a grant that may not be received while town employees work under unknown conditions that may be harmful. Editor’s note:  Mr. Loftus is apparently referring to the $19,000 that is to be spent in conjunction with a $12,000 grant that has already been received to pay for a Historic Structures Report on Town Hall.  Mr. Loftus asked whether it wouldn’t it be prudent to prove that no mold exists.

            Mr. Loftus said that it is unknown whether any grants would be received.   However, to put this in perspective, for a $500,000 property assessment, a $100,000 grant would translate into tax savings of about $3 per year for that property owner.  That is the upside.  Editor’s note:  The savings would be $.047 on the tax rate, or $23.43 for the $500,000 property.  It appears that Mr. Loftus is assuming that the grant would be applied to a project that is to be financed over 10 years.  The downside is spiraling cost from renovation, he said. 

            Mr. Loftus asked the Board for clarification with regard to town commissions.   He said that he had reviewed the statutes and it appears that they are for advisory purposes.  Editor’s note:  Mr. Loftus appears to be taking RSA 674:44-b, I(d), relating to the Heritage Commission, out of context.  That is but one of nine subparagraphs of RSA 674:44-b, I.  The statute also specifically refers to “review authority.”  RSA 674:44-a says that “[a] heritage commission may be established in accordance with RSA 673 for the proper recognition, use, and protection of resources, tangible or intangible, primarily man-made, that are valued for their historic, cultural, aesthetic, or community significance within their natural, built, or cultural contexts.”   Mr. Loftus said that the Heritage Commission has become a political arm of those who favor renovation of Town Hall.  They have used the Town of Rye Newsletter and distributed flyers via the United States Postal Service advocating how voters should vote.  He asked for clarification as to whether that was a correct protocol.   

            Mr. Loftus said that supporters of Article 9 were looking for a solution to an ongoing problem that has no end in sight.   We’re not looking for “band aid” repairs or sequential approaches that drive the overall cost higher.   We disagree with looking for ways to obfuscate codes by looking for loopholes.  Editor’s note:  The International Existing Building Code (“IEBC”) (2009) provides for progressively more rigorous standards as increasing amounts of renovation to a building are done.  These are not loopholes.  See IEBC §§707.3, 403, 807.4.2.  No amount of money spent on the existing building will provide the most efficient workspace for our employees.  He encouraged the board to get behind his proposed solution.  Mr. Loftus provided a copy of his letter to the Selectmen.

 

(12:58 elapsed)

            Peter Crawford said that he could not recall an election result this significant in terms of the amount of warrant articles voted down.   There were $5.6 million in warrant articles on the ballot, of which $4.6 million was voted down.  Only $3 million of that was the Loftus article on Town Hall, so there was an additional $1.6 million voted down beyond that.   Some were not even close.  The Salt Shed for $700,000 got 52.5 percent of the vote where 60 percent was needed.  The Red Mill Lane culvert squeaked by with 62 percent of the vote, needing 60.  The Shoals View Drive got 54.2 percent, but needed 60.  The Town Hall only got 45 percent.  The TD Bank also got 45 percent, and there were a couple of small petitioned articles that were also voted down.  Editor’s note:  As it was not a bond warrant article, the TD Bank only needed 50 percent to pass.

            The taxpayers have given the Board of Selectmen a very strong message that they’re not interested in spending a lot of money at this point, Mr. Crawford said.  Our taxation went up seven percent in 2017.  The only reason that the tax rate went down was that the valuation went up 13 percent.  Fortunately, with the vote this year we are going to see a decline in taxes.  However, in my view, people are not willing to reverse this and go back to spending a lot of money, certainly not $3 million for a Town Hall regardless of how many years it is financed over.  There were five bond articles this year, one for $30,000 which was a no-brainer as it is funded by a state grant.  That easily passed, but of the others three failed fairly miserably and one just squeaked by.  The mood in town for taking on a lot of debt at this point is not very enthusiastic.  Editor’s note:  Bond articles require a 60 percent vote to pass.   

            With regard to Town Hall, Mr. Crawford said that he was disappointed.  He said that he sees a lot of people here that supported the teardown.  I think that they are looking to reverse the voters’ decision, but the voters have spoken.  It got 45 percent of the vote, but needed 60.  Mr. Crawford asked why it was that they emphasize closure and getting the town united, but, when they lose, they don’t want closure and they don’t want to fall in line with a united town.  It doesn’t make sense to me that they seem to be unwilling to proceed.  The operating budget got 69.2 percent of the vote.  That included painting and an Historic Structures Report.  There was an opportunity to take that out at the Deliberative Session, but that wasn’t done.  We have an operating budget that passed with 69 percent of the vote.  The Selectmen are committed, despite the change in the composition of the Board, to implement what the voters approved, Mr. Crawford said. 

            In terms of a longer term solution, we need about 2500 square feet, he said.   The TD Bank did not pass.  In my view, the reason is that anybody who was for the teardown would vote against TD Bank because the deed restrictions would have prevented the town from turning around and selling the property for anything close to the $540,000 that it would have paid.   Editor’s note:  A 1964 deed restriction prohibits any commercial use of the property, other than as a bank.  As part of the purchase and sale agreement with TD Bank, had the deal been approved by the voters, there would have been an additional new deed restriction prohibiting any use by a financial institution for a period of five years.  Furthermore, the property is in the Commercial Zoning District, in which residential use are prohibited, pursuant to Rye Zoning Ordinance §211.1(A).  Otherwise it would have passed, Mr. Crawford said.  That opportunity is probably lost forever, although they may not be able to sell the property and it could come up again next year. 

            However, Mr. Crawford said, there are better options to provide that 2500 square feet.  There is the former Police Station.  There is a study stating a $377,000 cost to build that out for town offices.  There is another $50,000 for selective demolition.   That is actually less than the TD Bank building and closer to the Town Hall.  The other option would be to build another small building on this site.  There is room for that and that would provide space for all of the town employees on one site.  By not connecting the building you wouldn’t fall under the Code requirements for structural reinforcement, so it could be done a lot less expensively.   When they did the Old Police Station study they determined that the cost of new construction would be about 20 percent more than the $427,000 that they had estimated.  That suggests that a building of that size could be built, stand-alone, for around $500,000.  That is a potential solution to the town’s space needs.  For probably $500,000 the ADA access, painting, insulation improvement and a number of other things that make the building first class can be done.  Between those two, we’re probably talking about $1 million.  That’s a lot less than $3 million, he ssaid. 

Given the vote and the results of the election, this is the path that the Selectmen should be proceeding on, Mr. Crawford said.    The other path should be excluded in the Selectmen’s minds.  That doesn’t block them the tear down proponents from bringing this up on the warrant next year, and they probably will, but we should be proceeding on the assumption that a tear down and rebuild of Town Hall will never pass, he said. 

 

(19:25 elapsed)

            Frances Erlebacher said that she had talked to a lot of people in town and there is a real feeling in town that Selectmen, employees and the “in” people only talk to each other and do not listen to the voters when the voters vote multiple times for the same thing.  She related a story about a woman having come up to her and asking how many times she had to say “no.”  She read an email from the woman that compared having to say “no” multiple times to date rape and asserted that, at this point, it was harassment.  It referred to the building being put up for five full-time, and two part-time, employees who could work out of their houses for the rest of their lives for the money that was being spent.  It also referred to the lack of storage resulting from not cleaning up.  It said that she would not put an addition on her house because her kids do not clean their room.  It said that she was fed up with people that carelessly spend her money on ideas that had not been particularly well thought out. 

            Ms. Erlebacher said that, as Mr. Crawford said, forty-five percent is not fifty-five percent, or even fifty-one percent.  It is about the same number as voted last year for Article 30 that I was involved with.  I remember clearly a lot of division from certain quarters, but now that seems to be a wonderful number.  Editor’s note:  Mr. Loftus  in a letter to the editor dated March 2, 2018, said that “[n]or have I forgot (sic) the $500K article, Ms. Erlebacher poignantly presents, from last year that did not pass.”  Article 30 was the $500K article that would have provided for repair of the exterior, handicapped acces, energy efficiency and replacement and restoration of windows.  The Selectmen voted 2-0 against recommending that article, and the Budget Committee voted 7-1 against recommending it, but it still received 45 percent of the vote.

            Ms. Erlebacher referred to a mention, during the election, that paper records are required.   That is not true.  That has changed and towns are now allowed to digitize.  Editor’s note:  See RSA 33-A:5-a, II.  All records, regardless of the retention period, may now be preserved electronically if in PDF format.  She suggested that approach.

            Ms. Erlebacher said that she had brought an article regarding Barrington, which demolished its Town Hall and then had to find extra money due to unanticipated asbestos issues. 

 

(22:45 elapsed)

            Debra Crapo agreed with the statement that residents feel that they are not being listened to.   The Selectmen and town employees may personally vote for what they want, however the pictures in front of TD Bank and Town Hall were slanted.  She asked the Selectmen not to do things like that.  She honors Esther Parsons for what she did for the town.   She also emphasized that board chairmen are supposed to remain neutral.   It sounds like the Heritage Commission can’t do that, but they are supposed to be reporting back to you.   She said that, speaking for Senior Serve, that since the Old Police Station was being sold to pay for TD Bank, it should be taken off of the market as it is vital to them, but nothing for us.   We have a lot of members of Senior Serve here tonight, she said.

           

(26:08 elapsed)

            Mel Low said that he came to support Joe Mills and Keriann Roman.  This is a great town and we will solve the problem.  He also thanked Mr. Loftus for his year of work.   He said that he had served on the Town Hall Committee and that you could not remodel this building and take care of the space needs.  You have the Town Planner in a stairway that hasn’t been used for fifty years.  The front door has not been used, he said. 

 

(27:45 elapsed)

            Frank Drake referred to the email that Ms. Erlebacher had read and its statement that the plans had not been well thought through.  He submitted that the only thing that does not have a plan is this building and the space needs.   Peter Crawford has two ideas, but there is no plan still.  The Heritage Commission could have been developing a plan.  I don’t know what else they have done since their inception.  It was formed due to the Pulpit Rock Tower, but that may not even be in their charge any more.  Editor’s note:  In 2011, Article 19 passed 628-423, and authorized the Heritage Commission to acquire the Pulpit Rock Tower from NH Fish & Game, provided that it was at no cost or future expense to the town or taxpayers, and provided that there was $130,000 in the Heritage Fund balance at the time.  Attempts to raise money for the Pulpit Rock Tower acquisition have fallen well short of that goal.  There is no plan for this building, Mr. Drake said, even though you keep asking for money for it.   There was a lack of leadership from the Board of Selectmen and the TD Bank was a real mistake this year, he said. 

 

(29:53 elapsed)

            Jaci Grote said that she had come to see Joe Mills “out and about” and she welcomed Keriann Roman to the Board.  She said that she felt that this was a new beginning because we cannot continue “the Town Hall vs. a different thing.”  She said that she agrees with Mr. Drake that the people who want to maintain this building and fight for the building need stand up for it and come up with a plan for it.  I disagree wholeheartedly with the assertion that the people are present because they didn’t get their way.  I voted for the new Town Hall out of frustration with the lack of a better plan.  Finally we found someone who took charge of the situation and made something happen and put together a logical plan.   I commend that.  I’m expecting that, if the Heritage Commission wants to maintain this building, update it, modernize it or renovate it, it’s their call.  If they don’t do that, this building will be circling the drain because nobody wants to stand up for it.  Talk is cheap, she said. 

 

(31:50 elapsed)

            Jean Low reminded the Selectmen that, last year, the only plan that passed was Mr. Loftus’ concept.  That passed by 55 percent.  If the bank had not been added as a possibility, I feel strongly that the 55 percent would have increased to above the needed 60 percent, she said. 

 

(32:43 elapsed)

            Paul Goldman welcomed Keriann Roman, said that he was no longer involved with town affairs, but may be in the future.  He also welcomed Joe Mills.  Mr. Goldman said that he head been involved with the Budget Committee and the Zoning Board.  He said that he had served on a couple of Town Hall and Space Needs Committees.  The original intent and the reason the whole thing got started was because employees needed the right environment and space to work in to make serving the citizens more efficient.  We have lost track of that.  When I heard statements that the voters did not want to spend the money I understand that but what we’re saying as well is that we don’t care whether the employees have the right environment or are efficient.  When we got off on a grand ballroom upstairs we lost track of what we were trying to do.  Going forward, the focus must be on the right environment for the employees to serve the citizens more effectively and efficiently, and secondly that there be capacity for future expansion.

            There being no one else seeking to speak for the first time, Selectman Jenness moved on to the next item on the agenda.

 

Consent Agenda (35:03 elapsed)

 

            Selectman Jenness announced the two items, one a sign request by the Webster at Rye and the other a series of raffles on Star Island to benefit the Isles of Shoals Association.  The motion to approve both by Selectman Winslow, seconded by Selectman Roman, carried unanimously.

 

Organization of Board of Selectmen (36:05 elapsed)

 

            Selectman Jenness was elected Chairman and Selectman Winslow Vice-Chairman.  Selectman Jenness explained that the Board has historically rotated the chairmanship.

            Selectman Jenness was elected the Planning Board Representative, and Selectman Winslow the Budget Committee Representative.

            After Selectman Winslow commented that it would be good if Selectman Roman receive exposure to the financial side, she was elected representative to the CIP Committee, although that position was not on the agenda.

            Selectman Winslow was elected representative to the Historic District Commission while Selectman Roman was elected representative to the Heritage Commission.

 

Former Selectman Joe Mills speaks (39:31 elapsed)

 

            Selectman Jenness postponed discussion of the minutes so that Mr. Mills could speak.  She said that the agenda says that he would like to discuss something.

            Mr. Mills thanked Selectmen Jenness for her work on the Town Report and welcomed Selectman Roman.

            He asked Town Administrator Magnant whether he still had the clapboard that had hit him in the head when they were “out there” one night.  Mr. Magnant confirmed. He said that he thought that when they started painting that half of the clapboards would end up on the ground.  This building is in “bad, bad shape,” he said.  Senior Serve can have the Police Station, but the last time their van was in there the ceiling fell in and all the insulation came down.  There is no land with that “Senior Serve.”  We blew it.  The house at the top of the hill had the land behind it which we could have bought and it went for $1 million, I think, I’m not sure.  We should have purchased that.  Recreation wanted the building but there is no parking, he said. 

 

(41:30 elapsed)

            Selectman Mills said that they had a temporary OK on the Disabilities Act.  I was able to get in the front door, but I can’t get in the bathroom.  I’m handicapped now because I have one leg.  Your budget passed.  As you well know, you can move money around and not affect the bottom line.  “So, I am demanding now that you address the HDC (sic) because I want to come use the bathroom when I’m going by here,” he said. I’m that age and I’m qualified with the leg, he said. 

            “As long as you don’t affect the bottom line you can take the money and put it where you want, so you could tear down this building and replace it with John Loftus’ plan...”   Editor’s note:  That would require cuts of $3 million in other areas of the town budget, which totals over $9 million.  It would also violate the “no means no” prohibition in RSA 32:10, I(e).  Selectman Mills continued, saying that two floors are being added, the cellar and the fourth floor.  I looked at the presentation and it sold me.  You could put your tin ceiling on the fourth floor as well as the stairway and the elevator which you would have to have.  Appoint a Committee to come back with a plan, he said.

            Selectman Jenness said “a plan for what, Joe?”

            Mr. Mills responded that it was to replace Town Hall with new construction.

            “Oh, and I thought you were asking for the ADA,” Selectman Jenness said.

            Mr. Mills said that that would have to be part of it.  It should have been addressed a long time ago, he said. 

            I think you would have had different results on election day if you canceled the voting and told the Secretary of State “have a nice trip,” he said.

            Mr. Mills said that the first person he saw in the parking lot was Peter Crawford and I have him my usual… greeting.  “And, Kevin Walsh, you haven’t decided yet whether that was a threat that I made to Peter Crawford or a greeting,” Mr. Mills said.

            “And I tell you, I’m coming back, okay, soon as I get my new leg (inaudible).”

            Selectman Jenness said, “well, we’re waiting for you, Joe.”

            Mr. Mills said “I’ll be back, sorry.”

            “It’s not a threat… I want to let you know what my thoughts are,” he said.  He said that they should not be surprised if he signs up for something. 

            Selectman Mills said that Selectman Roman was going to love the Budget Committee.  Editor’s note:  In fact, earlier in the meeting, she was elected as the Selectmen’s Representative to the CIP Committee, not the Budget Committee. 

            I never said it to Craig Musselman’s face, but he did a helluva job here and you people are going to miss him.  He was something.  You can keep the tax rate down if you use the unfunded balances.  I never forget one night we were in there and Priscilla and Craig voted against me on using the unfunded balance, he said.  I said that           I don’t think it’s going to stick, he said.  I went off on the two of them as politely as I could.  The next thing I knew Craig agreed with me to keep the school taxes down. 

            At this point, Mr. Mills’ wife Marcie walked up to his wheelchair and told him that he was “getting the hook.”  There was laughter and applause as she wheeled him out.

 

(49:03 elapsed)

            Selectman Jenness called an unexpected recess.

 

Appointment of Georgina Saravia to the Recreation Commission (49:49 elapsed)

 

            Selectman Jenness said that Georgina Saravia is the only newly appointed membership on the list.  Everyone else is a reappointment.  In order not to keep her, I thought that we would move that forward.  Selectman Jenness read her letter which said that she had moved to Rye about a year earlier and sought appointment to the Recreation Commission for a one-year term.  It said that she is physician and has extensive summer camp experience.  Ms. Saravia said that she had nothing to add to the letter.

            The motion to appoint Ms. Saravia carried unanimously.

 

Minutes (52:35 elapsed)

 

            The minutes of the March 12, 2018 meeting were unanimously approved, Selectman Roman abstaining, with changes.  The minutes of the non-public session of the same day were unanimously approved without changes, Selectman Roman abstaining.

            Selectman Roman raised the issue of a deadline for unsealing the minutes and said that she would like to establish a schedule for that.  She said that she did not want there to be a backlog of unsealed minutes.

 

Certified Local Government Program Application (55:18 elapsed)

 

            Town Administrator Magnant said that this had been approved but that the Board wanted the application to come back for approval before it was submitted.

            Selectman Jenness said that she was concerned how Selectman Roman would make sense of the application.  She said that Selectman Roman needs a copy of what was presented the first time around.  She also expressed concern about the requirement that a full-time staff person be employed with experience in historical preservation.  We don’t have funds for that, she said.  Selectman Jenness said that Mae Bradshaw could not be there as she is out of state at a funeral.  We need to know who is going to do the work.  It can’t land in our office, she said.

            Selectman Winslow said the he understood that the Heritage Commission was going to provide that service.

            Mr. Magnant confirmed, but said that they would fall back on the staff at Town Hall.

            Selectman Jenness suggested that the issue be postponed to the next meeting.

            Selectman Roman asked about the costs to be associated with the program.

            Selectman Winslow said that the question could be addressed by Ms. Bradshaw or the Chairman of the Heritage Commission next time. 

            Frank Drake said that he had never heard of the program and asked what it was.

            Selectman Jenness read the explanation which was to provide an opportunity for local governments to become more directly involved in identifying, evaluating, protecting, promoting and enhancing the educational and economic value of local properties of historic, architectural and archeological significance.  The program requires that the Division of Historic Resources devote at least 10 percent of its annual allocation from the Department of the Interior to local governments that have become certified.  There are certain requirements that are enumerated in the explanation. 

            Deb Crapo asked whether it shouldn’t be a warrant article.

            Mr. Drake referred to “government run amok” and said that it was almost extralegal.  He asked where the public vetting was.  It reminds him of the Demolition Commission concept where properties get tagged as being of historic interest.  That is OK, but these are private properties, he said.  He said that he is worried about the ubiquitous growth of the Heritage Commission.  They have not done a good job of what they started with, he asserted.

            Alex Herlihy interjected that this is ridiculous.

            Selectman Jenness suggested that Mr. Drake look up the RSA.

            Mr. Drake said that he had read it.

            Selectman Jenness said that he then knows that the Heritage Commission has more power to work to preserve things than a lot of our other boards and commissions.

            Mr. Drake said that that is the bothersome thing to him.  He said that he does not understand how this is to be implemented and what their real goal is. 

            Mr. Herlihy said that had stood up and stated it clearly.  Editor’s note:  Click here to see Mr. Herlihy’s comments earlier in the meeting.  He said that it is supposed to advocate, fund raise and seek grants.  You have to show up at the meetings and learn.  To say that it is not doing a good job is a pot shot as you don’t even come to the meetings, Frank, Mr. Herlihy said. 

            Blair Nelson asked whether the certification would enhance the Historic Commission’s ability to apply for funds.

            Selectman Jenness said that it does open the door for other grants.  Keep your question and we will readdress it when we have representation from the Heritage Commission in addition to Alex here, she said.

 

Committee on dogs at large (68:31 elapsed)

 

            Selectman Jenness said that Keri was going to be looking for the exit. 

            Selectman Winslow said that they had been hearing about this issue for a year and that it was time that something be done about it.  He suggested a group of seven people, including at least two that are pro dogs running free and two that are pro dogs being leashed, as well as someone from the Police Department.  He suggested that they come back in August or September so there would be time to come up with a rational warrant article.

            Town Administrator Magnant said that the Police Chief had started down this road.  He has a list of names of interested persons, Mr. Magnant said.

            Police Chief Kevin Walsh suggested police, recreation and cemetery representation.  He said that Ritchie White is level headed, in the middle, and that he would like to see him on the committee. 

            Chief Walsh said that he had gone to a second grade class regarding the issue to show how two viewpoints may be handled when people disagree.  A second grader had asked him whether whatever a new law was put on the books whether it would still be there when he grew up.  That is a true statement, he said.  That was pretty inspiring for a second grader to remind me what my mission was, he said.

            Selectman Jenness asked about a Boulder ordinance.

            Chief Walsh referred to Pennsylvania.  Editor’s note:  Lower Merion Township, PA has a dog ordinance that was discussed at the January 22, 2018 meeting.

            Jaci Grote, a member of the Conservation Commission asked whether someone from the Conservation Commission was on the list.

            Selectman Winslow said that Sally King and Mike Garvan are both on the list.

 

Landfill and ground water monitoring contract (76:53 elapsed)

 

            Selectman Jenness said that Craig’s company had been doing the monitoring for years, including before he became Selectman.  Editor’s note:  This is an apparent reference to former Selectman Craig Musselman.  We never got a bill all of those years, she said.  We now need to do something as a round of testing is coming up.  Public Works Director Dennis McCarthy mentioned May.  Selectman Jenness said that she sees no reason to change, except that now the Town would need to pay.

            Selectman Roman asked whether it would be worth doing an RFP.

            Selectman Winslow asked whether Selectman Musselman would do the work for one more year without payment. 

            Town Administrator Magnant said that he was not sure about that.

            Selectman Winslow said that awarding the contract with just one bidder would be inappropriate as the cost needs to be looked at.  He said that he thinks they should go out for a request for quote. 

            Selectman Jenness said that she did not know how many wells are involved.  We would need to do that at the next meeting.

            Mr. Magnant warned about the loss of historical information by going with a different company.

            Selectman Roman said that it might well be that the Town would go with Craig’s company, but they have a responsibility to put out an RFP.  We would not be obligated to accept the smallest number if it’s not in the best interest of the Town. 

            Selectman Winslow asked about the response time.

            Public Works Director Dennis McCarthy said that it could be two weeks.  He said that, in lieu of an RFP a request for statement of qualifications could be put out with pricing for their different principals.  You could see if there is anyone better, but the forte of his firm has been Transfer Stations and Landfills, he said. 

            Selectman Winslow suggested that, for just this one year, they go forward with Craig’s firm to know what the price point is.

            This appeared to be agreed.

 

Beach Committee (83:25 elapsed)

 

            Selectman Jenness said that the charge had been renewed one year at a time.  The first year they were concerned mainly with Sawyers Beach and Jenness Beach, but last year that was expanded so that Wallis Sands to Bass Beach, the entire coast, would be covered equally.  Editor’s note:  That excludes the beach at Sanders Poynt, which is in Rye, although off of Little Harbor, not the ocean.

            Selectman Roman said that member Larry Rocha had said that a report had been submitted to the Selectmen.  She asked for a copy.  She also asked whether there was a way to give more teeth to their authority.

            Selectman Jenness said that they make observations and work with Chief Walsh.

            Police Chief Kevin Walsh said that it is an information tool.  Sometimes people come to him but often they are more comfortable coming to a neighbor.  It is another set of eyes as to the activities going on.  We are working on areas where something tangible can be done.  The institution of the parking boxes have driven parking more inland, he said. 

            Selectman Winslow asked whether anything should be added to the charge.

            Chief Walsh said that it was working well the way it is with them being advisory.

            Town Administrator Magnant said that there had been a Beach Commission by ordinance.  It provided for oversight over a Beach Supervisor who was never hired.  That ordinance was rescinded.  Editor’s note:  See Article 21 of the 2015 Town Meeting, which passed 894-535, rescinding Article 25 of the 1999 Town Warrant. 

            Randy Crapo, Chairman of the Jenness Beach Precinct, said that, if the Committee morphs into other areas it should coordinate with the Precinct.  He said that on occasion they have cleaned the beaches on their own and dealt with steps.  Don’t give them too much leeway, he said. 

            Deb Crapo said that they have to walk the rights of way every year. 

            Selectman Roman said that she is at the beach a lot.  Every year there are more and more people, many of whom are not even from this country.  There is a massive scope of work to be done.  She wondered whether this issue could be put off to the next meeting, with a possible addition to the charge of issues like trash and access.  Currently the beach is a drain on the community in terms of finance and support.  It is a very valuable asset, she said.

            Selectman Jenness expressed concern about giving them policing powers.

            Chief Walsh says that the Police Department uses information from them in terms of targeting patrols. 

            Deb Crapo said that the people on the Beach Committee have no power.  She added that Jenness Beach has the biggest stretch.  The rights of way need to be walked as they were lost at one point.  They need to be available to all of the people in New Hampshire, she said. 

            Selectman Jenness said that she doubted that the Beach Committee would be meeting between now and the next Selectmen’s meeting.

            Selectman Roman said that, at the next meeting, she would suggest adding a few additional areas of focus to the charge of the Beach Commission.

            Selectman Jenness, appearing reluctant, agreed to place the issue back on the agenda in two weeks.

 

Recycling Education Committee (98:16 elapsed)

 

            After Public Works Director Dennis McCarthy said that the group had been helpful, a one year extension was unanimously approved.

 

Street sweeping contract (100:48 elapsed)

 

            After Public Works Director Dennis McCarthy said that Granite State was the low bidder at $120 per hour, and the other bidder was at $124 per hour, it appeared agreed that the Town would go with Granite State. 

 

Part-time Building and Grounds worker (102:08 elapsed)

 

            Mr. McCarthy said that this person had been budgeted as a 32 hour per week part-time position with no supervisory responsibilities.  The only benefits would be pro-rated leave and sick time.  In response to a question from Selectman Roman, Mr. McCarthy said that the position would start at $17 per hour.

            Selectman Roman said that she had met with Mr. McCarthy and knows that the need is dire.

            Selectman Jenness noted that the ability to do plumbing and electrical work is among the requirements.

            Mr. McCarthy said that the position would not be filled unless he finds the right person.  They have done that in the past and it makes it worse, he said.

 

Salt shed bid rejection (106:09 elapsed)

 

            Mr. McCarthy said that, although there had been seven bidders and seven prices obtained, the warrant article did not get the necessary super majority.  He said that the Selectmen should vote to reject all bids and return all bid bonds.  The motion to do so carried unanimously.

            Selectman Jenness asked about next steps.

            Mr. McCarthy said that that would be discussed.  He suggested that a decision be made between whether to pursue the Salt Shed or Town Hall as, if there are too many items on the warrant, nothing passes.  Everything is ready for bidding again he said.

            Selectman Jenness asked about other styles.

            Mr. McCarthy said that he had heard little negative.  There was just a lot of spending in one year, he said.

            Selectman Winslow asked whether anything could be done with regard to leaching into the ground water on a temporary basis. 

            Mr. McCarthy responded no, that we should just wait another year.

            Selectman Jenness said that the discussion would be postponed.

 

Cedar Run road acceptance (109:18 elapsed)

 

            Mr. McCarthy said that action of the Board is needed so that there is a record.  This will pull together a lot of the actions and it would be recorded with the Registry of Deeds, he said.

            Selectman Winslow asked whether this had been done with Starfish Circle.

            Mr. McCarthy said that it had not been, however it may be done at any time.  Every road should have a file that is retained in perpetuity, he asserted.

            Selectman Jenness said that there is not information indicating that the road is up to town standards.

            Mr. McCarthy said that the Planning Board has that information.

            There was then discussion about Concord Point.  We maintain that, but believe it is private, Mr. McCarthy said.  If you agree, we can send a letter on that, he said.

            Selectman Jenness noted that this is a similar private situation to Locke’s Neck.  Editor’s note:  That issue also arose with respect to a portion of Harbor Rd.  After the Board of Selectmen usurped its authority and determined that a portion of Harbor Rd. was private, the New Hampshire Supreme Court overturned their determination in Gordon v. Town of Rye, 162 N.H. 144 (2010).  Ultimately, the Superior Court made the decision, reaching the same conclusion that the Board of Selectman had. 

            Mr. McCarthy said that if a road has not been correctly approved by the Town it should not be maintained.

 

Command slide out for SUV purchase (114:43 elapsed)

 

            Fire Chief Mark Cotreau addressed.  He described how the command slide out slides into the back of an SUV.  There are operational advantages to this configuration.  They attempted to obtain three quotes.  The slide out always outlives the vehicle.  He would like to go with what his former employer used, he said. 

            The SUV has been specified as a Chevy Tahoe.  The state bid price on that is low at $34,000 and it is four wheel drive, he said. 

            Selectman Roman said that she thinks this is crucial.  It is nice to see that the amount is reasonable.

 

Letter from Alex Herlihy regarding Town Hall painting (123:38 elapsed)

 

            Selectman Jenness read the letter which says that he understands that the money was budgeted, an estimate was obtained, and that the work would go ahead if the vote turned out the way that it did.   It asked about the timetable for sending out RFPs and getting the work done.

            Town Administrator Magnant confirmed that nothing had been sent out yet. 

            Selectman Jenness expressed concern that it not be painted when it is wet. 

            Town Administrator Magnant said that he is confused because, when talking about the Historical Structures Report, the HSR, Selectman Musselman mentioned waiting for the next round of LCHIP grants and using one of those to defray the cost of painting.  The next round is not until June and the approval results are not made available until mid-November. 

            Selectman Winslow said that that would take them out of the season.

            Selectman Jenness agreed that they would not want to paint in November. 

            Mr. Magnant said that there is also the issue of the HSR which is going to provide the framework and what it would recommend should be done.   He said that the RFP had just gone out.   We had to wait for funding, he said.  Editor’s note:  At a meeting earlier in 2018, it had been agreed that the RFP would go out immediately, with bids due the week after the election.  He speculated as to the delay before the report would be available.

            Selectman Winslow asked whether the RFP could be sent out, saying that Mr. Herlihy has a good point in that it is always good to get someone locked in in the March/April time frame.

            Selectman Jenness said that if the funds are encumbered we could “go over.”  Editor’s note:  Funds may be “encumbered” prior to the end of the year if there is a contract already in place.  That allows the money to be spent the following year from an appropriation made the previous year.  Normally, appropriations expire if unused prior to year end.

            Mr. Herlihy pointed out that the main neglect had been to the exterior.

            Selectman Jenness said that she does not know how much needs to be replaced.

            Mr. Herlihy said that not all of the clapboards will need replacement.  He pointed out that there are a lot of houses in Rye that look like Town Hall, but are eventually painted. He suggested that the Selectmen, because of the vote, do the necessary maintenance.   If you wait another year, that will be another concern where people say that the building is falling apart.  Look at it.  A building needing clapboards and a paint job is not falling apart, he said. 

            Selectman Jenness said that she was thinking about the relationship with the Historic Structures Report.

            Mr. Magnant said that LCHIP had rejected the part of the request that had to do with painting.  Selectman Musselman had suggested waiting to get that report and then applying to them for a grant for the painting.  I have no idea of whether they would look at that favorably.  The timing with the HSR will be awfully close, he said.

            Selectman Jenness said that the report should be obtained as fast as possible.

           

(130:15 elapsed)

            Selectman Roman asked how much had been budgeted.

            Mr. Magnant responded that it was $15,000.  It is a $95,000 project.  The rest of the money is going to come from the town-wide building maintenance account which would be drained down, he said. 

            Selectman Winslow said that the Town Hall needs to be painted and the clapboards replaced regardless.

            Mr. Magnant agreed.

            Selectman Winslow said that the funding from another source would be valuable.

            Mr. Magnant said that it would be an unknown.

            Mr. Herlihy said that it is a risk, especially since the money is in the budget.  The people want to see it painted, he said.

            Mr. Magnant said that he is tired of fighting with birds and squirrels.

            Ms. Roman said that she agreed with Mr. Herlihy that the building does not look nice and needs to be painted, but her concern is that if, next year everyone comes together and decides on a full renovation then this work may not be needed.  If, on the other hand, people want to tear it down, she worries about putting this money in now before we know what we’re doing.  I didn’t realize that it was going to be $95,000, she said.  We have a lot of buildings that need work.  Look at DPW, she said.  To drain it for that concerns me, she said.

 

(133:10 elapsed)

            Jaci Grote, speaking as a member of the Budget Committee said that, when the issue was presented to the Budget Committee it had been said that, if the new Town Hall passed the building would not be painted, but if that did not pass the building would be painted.   It was expressed in a very simple way.  The Budget Committee agreed with that decision.   But, if the quotes come back at more than $95,000, that says something.  I’m encouraging you to at least put it out to bid and be specific, as it is not just painting.  Because there is a quote that doesn’t mean you have to act.  Right now you have nothing, she said.

            Selectman Winslow asked whether an analysis of what was required had been done.

            Mr. Herlihy interjected that that was what Selectman Musselman had told them.

            Mr. Magnant said that that was not correct.  It was done only with respect to the painting, he said.  The contractors talked to said that a lift would be needed in order to take a comprehensive look.  I put in an allowance of approximately $20,000, he said. 

            Selectman Jenness asked whether the Fire Department’s bucket couldn’t be used.

            In response to a question from Mr. Herlihy, Mr. Magnant said that the painting cost was just under $74,000.

            Selectman Roman said that she didn’t have a problem sending out the RFP, but would have an issue when it comes back.  I guess we’ll see what it says, she said. 

            Selectman Jenness said that the problem all along was that there wasn’t any money to deal with issues.

            Randy Crapo said that he is also a member of the Budget Committee and recalls the discussions.  He also remembers saying that if it is put out to bid without having done discovery on the building bidders would come back with a worst-case scenario as nobody would be willing to take a risk.  You might get a fixed price for the painting, but a “cost plus” for all of the other repairs, he said.

 

(138:14 elapsed)

            Peter Crawford said that he is also on the Budget Committee and recalls the discussion and agrees with what has been said.  The assumption was that if the Town Hall teardown/rebuild article did not pass we would go ahead and paint the building.  I’m really concerned that we seem to be back pedaling, he said.  I don’t think a full renovation is on the table in anyone’s mind, other than John Loftus’.  Voters will never approve a full renovation, Mr. Crawford said.  What is going to need to be done is an incremental approach, which starts with the painting.  Then you do the ADA and the inside issues, he said.

            Selectman Jenness said that she did not think that they were talking about renovation.   

            Mr. Crawford said that Ms. Roman had said that perhaps next year there would be a vote to either tear it down or do a full renovation. 

            Deb Crapo said that the point is that the Town Hall needs to be painted because the people voted to paint it. 

 

(139:15 elapsed)

            Selectman Roman said that the people had voted for a budget.  We know how many people go to the Deliberative Session.  Personally I don’t care one way or the other.  I want a nice Town Hall.  She pointed out that there had been a discussion about how many articles had been voted down because people don’t want to spend money, but we’re talking about depleting the maintenance fund.  I’m not sure that the voters knew.  Who reads those line item budgets?  I want to make a smart economic move, which I am sure you can appreciate, she said to Mr. Crawford.

            Mr. Crawford said that he does, but he thinks that the decision was made before the Budget Committee and before the Selectmen, unfortunately before Ms. Roman was part of the process.  To revisit it now is inappropriate, he said. 

            Mr. Magnant pointed out that he was only talking about the timeline as to when it would be done. 

            Selectman Winslow asked whether an estimate could be provided as to the percentage of the clapboards that would need to be replaced or whether the bids would come back as cost plus for the clapboards.

            Mr. Magnant agreed that it would be the latter.

            Mr. McCarthy pointed out that some of the cupola siding had been replaced when the roof had been replaced.

            Mr. Magnant said that the painter might not want to take on the clapboards, and would want another contractor to do that.

            Selectman Winslow said that there were so many unknowns that at least the first step forward should be taken to send out the RFP so that there would be more information.

            Selectman Roman agreed, and said that the response might be well within the number accounted for.

            In response to a question from Selectman Jenness, Mr. Magnant said that only one RFP would be needed as the painter could subcontract the clapboard replacement. 

            Selectman Jenness said that they know the voters want this.

            Jaci Grote, saying that she was echoing what Selectman Roman had said, said that she doubts that very many knew that the painting would deplete the maintenance fund, although more may have known that the painting had been budgeted.  This is an important decision, I want to stay involved and make sure that we don’t cut off our noses to spite our faces, she said.   We need to think about it and make sure that in three years more work on the exterior is not needed, she said.

            Selectman Roman said that it all needs to be done.  It cannot be done part way, with only half done, she said.

            Ms. Grote wondered whether or not it could be started if it was known that the cost would be more than $95,000.  Let’s get the information and then decide, she said.

            Selectman Winslow said that, when he paints his house he paints three sides and then does the back the following year.  There may be a possibility of doing something like that, he said. 

            Selectman Jenness pointed out that the back of Town Hall receives less weathering due to less sunlight.

            Mr. Herlihy said that people paint their houses all the time as Selectman Winslow had indicated. 

            Public Works Director Dennis McCarthy said that the cost would be higher if the painting were done over multiple years.   If the siding replacement turns out to be $40,000 rather than $20,000, then there would need to be a decision as to what not to do.  There definitely would be enough to finish that side of the building though, he said.  Then you would have to go back to the voters for additional funds the next year, he said.

            In response to a question from Selectman Roman, Mr. Magnant confirmed that the Selectmen are agents to expend from the fund. 

            Mr. McCarthy raised the issue of the LCHIP grant.  Mr. Magnant said that it may be either the Board of Selectmen or the Heritage Commission that would apply for the second grant, that that had not been discussed yet.

            Selectman Winslow pointed out another possible source that has $60,000 to $100,000.  He said that he thought that they should go forward with the RFP.

            Selectman Jenness asked whether that was OK with Selectman Roman.  Selectman Roman agreed.

            It was agreed that Mr. Magnant would issue an RFP for the painting and clapboard replacement, including the cupola.

 

Letter from Steven Borne (148:15 elapsed)

 

            Selectman Jenness read the letter, which refers to a private discussion about raising $6000 to conduct a visioning session.  The “no” vote on Article 29 means that the town may not spend the money, but does not preclude participation, the letter says.  It said that there is a lack of investment in planning.  There is a repeating pattern of large expenditures to settle lawsuits.  It may have been preferable to have had a suit than Seaglass Lane.  It should be assumed that the PFOAs from the Grove Rd. Landfill have been getting into the water for a long time, the letter said.  The letter suggested using New Hampshire listens to address the dog issue.

            There was then discussion about the town participating in the visioning session.  Selectman Jenness pointed out that the voters had rejected the $6000 warrant article, so there is no money. 

            Randy Crapo explained how Plan NH conducts visioning sessions.  He said that town employee time would have to be given up to talk to these people. 

            Selectman Roman suggested that people could come in and talk to them about this.  We cannot do anything one way or the other until we know more about it, she said.

 

Appointments (155:40 elapsed)

 

            The motion to appoint the entire list of appointments, excluding F3, which was already approved, carried unanimously.

 

New business:  observations on the election (157:00 elapsed)

 

            Selectman Jenness said that she had been looking at what did and did not pass and said that she did not know what she was going to say to the people who live on Shoals View Drive.  Editor’s note:  Article 8, which would have provided $200,000 for the paving of Shoals View Dr., failed to gain the necessary 60 percent needed to pass a bond article, with 834 yes votes and 704 no votes.  It was on there in the first place due to the dust, she said.  She asked whether Public Works could do anything to resolve that.  She said that most of the things that passed are the responsibility of Public Works Director Dennis McCarthy.  She asked about the Recreation Storage Facility. 

            Town Administrator Magnant said that that would need to come from Recreation Commission Chairman Gregg Mikolaities, with help from him working with Recreation Director Lee Arthur. 

            Selectman Jenness said that an appraisal was needed for the Trolley Barn.  Editor’s note:  The article authorizing sale of that, following an appraisal, passed 1294-250. 

            Selectman Winslow said that, looking at the results, of the articles with Selectmen recommendations, 24 of the articles were voted as recommended by the Selectmen and 6 were not.  Of the Budget Committee recommendations, 14 were agreed to by the voters and nine (sic) were rejected.  Eighty percent of the Selectmen-recommended articles were approved, but only 70 percent of the Budget Committee recommended articles were approved.  Editor’s note:  It appears that Selectman Winslow included the non-money warrant articles that the Selectmen, but not the Budget Committee, make recommendations on.  There were 30 such articles, 24 which the Selectmen recommended in favor of, and 6 that they recommended against.  Of the 24, 21 passed, and of the 6, 3 passed.  Thus the Selectmen’s recommendations were followed in 24 cases, or 80 percent of the time.  There were 20 warrant articles requesting appropriations, including the operating budget.  All were recommended by the Budget Committee, but six did not pass, thus the Budget Committee had a 70 percent success rate.  The Board of Selectmen did not recommend any of the three petitioned warrant articles, and none of these passed.  Thus, the Board of Selectmen’s recommendations on money warrant articles were followed by voters in all but three cases, or 85 percent of the time.

            Selectman Roman said that she had spoken to a lot of people when running for Selectman and they felt that there had been a lot presented to them all at once.  Going forward, we may have to reprioritize in terms of what absolutely has to be done and when. 

            Selectman Jenness said that that is why the CIP Plan is important, because there is a lot on there that is coming that we have said we cannot do now. 

            Selectman Roman said that she has read the CIP Plan and knows that things are being put off.  She said that we have to find a way to get those things that need to be done, done. 

            Selectman Winslow pointed out that there are three sections of the warrant.  They have no control of the zoning warrant articles coming from the Planning Board or the petitioned warrant articles.

            Town Administrator Magnant pointed out that Shoals View had initially been approved, but they ran into ledge so it had to be brought back.  Editor’s note:  In 2018, Article 10 for $125,000 passed 916-628, or with 59.3 percent of the vote.  Had it been a bond issue in 2018, it would not have passed that year either, as bond issues require 60 percent approval.

            Selectman Jenness referred to the expense of trying to build a road on a rock.

 

Information on Dan Brown’s presentation at Rye Junior High (162:28 elapsed)

 

            Selectman Winslow referred to the 1.5 hour presentation that was just amazing.  He started out with what he had done when he was at school.  His mother had a red Volvo with a license plate that said “God,” and she was very religious.  His father was a mathematician and had a grey Volvo          with the license plate “scientist.”  He did a great job.

 

Fish and Game prohibition on Berry’s Brook (163:25 elapsed)

 

            Selectman Winslow preferred to the restriction on keeping any fish caught in Berry’s Brook because of PFOAs.  It was also in the Herald. 

            Selectman Jenness said that, at one of their meetings someone said that the PFOAs in Berry’s Brook are the highest in the World, but that is not true.  Editor’s note:  Both State Senator Dan Innis and former State Representative Tom Sherman have said that the PFCs in Berry’s Brook are among the highest in the World.  See the notes of the September 25, 2017 and October 23, 2017 meetings.

 

Selectman Roman’s priorities (164:35 elapsed)

 

            Selectman Roman read from her list of priorities and said that they could be discussed at the next meeting.  She referred to:

1.      Revenue analysis and sources of expanded revenues;

2.      Issues with the beach and parking by those from out of the state and out of the country;

3.      Full collateralization of public funds held by the Town in excess of the FDIC-insured amounts;

4.      Coordination with the School Board in terms of aligning big projects coming up;

5.      Improvement of the after-care space issue so that it does not have to be dealt with every year;

6.      Water quality including Parson’s Creek, Berry’s Brook and town wells.

 

            Selectman Jenness mentioned that the Planning Board is working on septic renewals.   She also said that former Selectman Musselman is willing to serve on the Parson’s Creek Committee if it continues.

            Selectman Winslow added that self insurance should be added as an issue.  He is on the board of a company that did that.  An insurance company is hired to do the administrative work and an insurance policy to cover costs over, say $30,000 per employee, is put in place.  It would be worth it if $100,000 could be saved.  Selectman Roman said that she had a contact.

 

Discussion of Summer Sessions (171:05 elapsed)

 

            Selectman Jenness brought up Summer Sessions and the parking plan that Police Chief Kevin Walsh had requested.  Sawyers is the one beach that Rye taxpayers paid for.  There is a question as to why the owners of Summer Sessions get more parking spaces than the residents are entitled to.  If there were to be no drop off or pick up they would have to come up with a plan, she said.

            Chief Walsh said that drop off and pick up has been allowed elsewhere.  It would be tough to manage if that habit was to be broken.  At Sawyers, if they sit and wait or go over the shale pile they get a ticket.  There have been a lot of conversations at the Police Department window.  Because of what the McGills have said, we are going to start keeping track of those conversations.  Editor’s note:  Ryan and Tyler McGill are the principals of Summer Sessions.  Eel Pond is no parking because we don’t want people crossing the street.  He said that the Summer Sessions employees park on Perkins Road.  The footprint is extremely small with five businesses and the Motel in the same area.  He said that he would meet with Tyler McGill tomorrow.  It’s basically a word game.  I’m not good at that.  I look at last year and I look at this year, and where things don’t match up I ask why.  He can come in without a safety plan and the Board will probably accepted it, but there will be a letter attached to it.  I’ll spend the summer making sure that things are properly documented.  They say that there is an employee there.  I’m not going to spend Police Department time to ensure that there is.

            Cinnamon Rainbows is small and I do not even know that they are there.  If there is to be no standing, we would have to do that for the entire Ocean Blvd, he said.

            Selectman Roman said that she is a proponent of small businesses in town, and that surfing for the kids is great, but with regard to the parking across the street, all it takes is one incident.  She said that the traffic moves quickly in the area.

            Selectman Jenness said that the State would not lower the speed limit.

            Selectman Roman referred to the lack of State cooperation.  She suggested staggered drop offs.

            Selectman Winslow said that he would be reluctant to approve their permit without a safety plan.  Selectman Jenness agreed. 

            Chief Walsh said that he would make that clear tomorrow.

 

Adjournment (186:46 elapsed)

 

            Whereupon the meeting adjourned at approximately 9:37 p.m.