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FINAL APPROVED MINUTES Approved as corrected on May 4, 2009 – Corrections are incorporated into the minutes TOWN OF RYE - BOARD OF SELECTMEN MEETING Monday, April 20, 2009 6:30 p.m. Rye Town Hall I. CALL TO ORDER AND PLEDGE OF ALLEGIANCE At 6:35 p.m. Chairman Jenness called the meeting to order. Selectman present: Chairman Craig Musselman, Vice-Chairman Priscilla Jenness, Selectman Joseph Mills Also Present: Michael Farrell, Interim Town Administrator and Cynthia Gillespie, Finance Director/ Assistant Town Administrator II. ANNOUNCEMENTS Chairman Jenness announcement that there will be a Household Hazardous Waste Day Collection – May 9th from 9:00 a.m. to 12:00 p.m. at the Hampton Old Town Hall on Winnacunnet Road. III APPROVAL OF MINUTES A. Meeting Monday, April 6, 2009, 6:30 p.m., Town Hall Courtroom. Selectman Jenness note the following corrections: Page 1, under Non-Public Session it reads: At 4:40 p.m. the Public Session resumed. It should read: At 6:40 p.m. the Public Session resumed. Page 3, next to the last paragraph, the last sentence reads: She added that the language also keeps open maximum options for the Town in terms of maintaining control of public right-a-ways, such as taxing the use of the right-a- ways. It should read: She added that the language also keeps open maximum options for the Town in terms of maintaining control of public rights-of-way, such as taxing the use of the rights-of-way. Page 4, fifth paragraph next to the last sentence reads: However, recently Comcast is requiring a ten (10) term on the agreement before they will offer these. It should read: However, recently Comcast is requiring a ten (10) year term on the agreement before they will offer these. Page 7, third paragraph, the fourth sentence reads: This creates addition problems throughout the neighborhood. It should read: This creates additional problems throughout the neighborhood Page 9, under New Business, the next to the last sentence reads: He contacted the gentleman’s relatives and made arraignments to have the sign shipped back to Rye. It should read: He contacted the gentleman’s relatives and made arrangements to have the sign shipped back to Rye. Board of Selectmen Meeting Minutes of Monday, April 20, 2009 – FINAL APPROVED 2 Page 9, under Other Business A., the second line reads: The event is co-host by Rye Recreation and will take place on Friday, April 17 and Saturday, April 18. It should read: The event is co-hosted by Rye Recreation and will take place on Friday, April 17 and Saturday, April 18. Page 10, the last sentence reads: Both Ms. Mackie and Mr. Goldman will be taking the information back to their prospective Boards. It should read: Both Ms. Mackie and Mr. Goldman will be taking the information back to their respective Boards. Selectman Musselman made the following observation: On page four, the fourth paragraph reads: Selectman Musselman said he is not in favor of Town meetings being broadcasted on the public access channel. He clarified this statement by stating that will he is not necessarily in favor of having Town meetings broadcasted on television, he was wondering if the community had made a decision not to do that. The statement came out as a declarative. Selectman Musselman explained that he was just raising the issue not making a statement. Motion by Craig Musselman to approve the minutes of the Meeting of Monday, April 6, 2009 as corrected. Seconded by Joseph Mills. All in favor. A-1. Non-Public Session, Monday April 6, 2009, 6:25 p.m., Town Hall Courtroom. Per RSA 91-A: 3 II (b) Hiring of public employee (Not Sealed.) Motion by Craig Musselman to approve the minutes of the Non-Public Session of Monday, April 6, 2009 as presented. Seconded by Joseph Mills. All in favor. A-2. Non-Public Session, Monday April 6, 2009, 9:18 p.m., Town Hall Courtroom. Per RSA 91-A: 3 II (b) Hiring of public employee (Sealed.) Motion by Craig Musselman to approve the minutes of the Non-Public Session of Monday, April 6, 2009 as presented. Seconded by Joseph Mills. All in favor. A-3. Non-Public Session, Monday April 6, 2009, 9:31 p.m., Town Hall Courtroom. Per RSA 91-A: 3 II (a) Personnel Matter (Sealed.) Motion by Craig Musselman to approve the minutes of the Non-Public Session of Monday, April 6, 2009 as presented. Seconded by Joseph Mills. All in favor. A-4. Non-Public Session, Monday April 6, 2009, 9:55 p.m., Town Hall Courtroom. Per RSA 91-A: 3 II (b) Hiring of public employee (Not Sealed). Motion by Craig Musselman to approve the minutes of the Non-Public Session of Monday, April 6, 2009 as presented. Seconded by Joseph Mills. All in favor. III. AGENDA ITEMS A. PUBLIC HEARING in accordance with RSA 31:95-b The purpose of the hearing is to consider acceptance and expenditure of funds under Disaster FEMA-1812-DR-NH declared January 2, 2009, awarded to the Town of Rye in the total amount of $14,738.55 representing the Federal share (75%) of eligible costs for repair, restoration and emergency measures in the Town of Rye. Chairman Jenness opened the Public Hearing at 6:40 p.m. Board of Selectmen Meeting Minutes of Monday, April 20, 2009 – FINAL APPROVED 3 Chairman Jenness asked for comments or concerns from the public. Hearing none, Chairman Jenness called for a motion to accept and expend the funds. Motion by Craig Musselman to accept and authorize the expenditure of funds in the amount of $14,738.55 under Disaster FEMA-1812-DR-NH declared January 2, 2009. Seconded by Joseph Mills. All in favor. Chairman Jenness closed the Public Hearing at 6:42 p.m. B. Elizabeth McNaughten, NH Fish & Game and Peter Michaud, NH Division of Historical Resources: Pulpit Rock Tower – Progress Report and discussion of Preservation Easement. Elizabeth McNaughten of New Hampshire Fish & Game updated the Board on the progress of the Pulpit Rock Tower project. She explained that she had applied for the New Hampshire Moose Plate Grant on March 27th. The approval and award of hopefully $10,000 will not happen until late summer. Ms. McNaughten also told the Board that she met with the Executive Director, Glenn Normandeau and the Business Division Chief, Kathy LaBonte to discuss the results of the last meeting with the Board of Selectmen. Ms. McNaughten stated that Mr. Normandeau asked if the Town would accept a five (5) or ten (10) year lease back from the NH Fish & Game. Also, would the Town agree to an endowment for the maintenance costs? The object is to get NH Fish & Game out of the picture altogether. Selectman Musselman stated that he felt that twenty years is too short, he added that he thought the term should be forty years, or longer. He noted that the Town has nothing to gain by having to maintain the Tower long term. Ms. McNaughten expressed an opinion that on a yearly basis it would not cost much to maintain the area. Selectman Musselman pointed out that the structure itself (the concrete) will have to be maintained. Ms. Patricia Weathersby of Friends of Pulpit Rock Tower cautioned the Board that the Town should not expect too much. She stated that NHF&G always has the option to stop these negotiations and give the Tower back to the federal government. The federal government will offer the Tower to other federal agencies. If no one wants it then it will be auctioned off. Ms. McNaughten explained that she would like to be able to present Mr. Normandeau with the Town’s expectations in regards to the terms of the lease. Selectman Mills said that the Board would not be able to give her that decision tonight. Selectman Musselman agreed and added that the Board will have to look at the potential long term liability. Selectmen Musselman asked if there are any historic preservation organizations that would accept an endowment for this facility in order to preserve it. Mr. Peter Michaud Preservation Tax Incentives & Easement Coordinator of NH Division of Historical Resources explained that the Tower does not fit under their program umbrellas. Mr. Michaud told the Board that the Pulpit Rock Tower ownership has a Preservation Easement attached to it. He explained that a Multiple Property Documentation was done for the Coastal Defense System on the Eastern Seaboard. This study looked at all the towers and forts that were part for the World War II defense effort. These properties were found eligible for the National Register. By law, any federal property that is transferred out of federal hands comes with a Preservation Easement. The Easement protects the structural viability of the resource Board of Selectmen Meeting Minutes of Monday, April 20, 2009 – FINAL APPROVED 4 (the Tower) and the preservation values of the resource. He explained that the preservation values of the tower are what make the tower unique. It is a concrete cylinder, with small windows and two viewing rooms at the top. At this point the tower could not easily be changed into residential use, because the appearance cannot be changed. He further explained that the title interest is binding to any future owners. Mr. Michaud gave the members of the Board a packet that describes Preservation Easements, the protections provided by the easements and the reporting requirements. He explained that base-line documentation will need to be provided. The Department of Historic Resources does not fund hiring the Preservation Professional to supply this documentation. The funding would have to come from NHF&G, The Friends of Pulpit Rock Tower or the Town of Rye. Chairman Jenness stated that the Board will take all this information under advisement. She added that the Board will need to do a site-walk at the Tower. Elizabeth McNaughten said that she will attend the May 18th Board of Selectmen’s meeting with further updates. B. Marty Klenke, CIP Committee: Update on Capital Improvement Program Mr. Marty Klenke Chairman of the Town of Rye’s Capital Improvement Project Committee presented the Board with an update of the CIP Committee’s activities. He gave the members of the Board a packet which highlights specific projects that are being considered and a 2009 CIP Committee Schedule. He told the Board that the preparation of a CIP has been initiated by the Committee and the Town’s Master Plan is being tied into the CIP. The Committee is sending out a 2010-2015 CIP Project Request form to all department heads for their consideration. Selectman Musselman asked if the CIP Committee has seen the Recreation’s Master Plan yet. Mr. Klenke stated that they have not. Selectmen Musselman suggested that this be reviewed and included into the CIP. Recreation Director, Lee Arthur told the Board that the Recreation Master Plan is currently in draft form. It should be done by the end of May. She offered Mr. Klenke a copy of the draft. Selectman Musselman stated that the Sewer Commission is having discussions with Portsmouth regarding a PUC jurisdiction extension of sewage from Portsmouth into Rye in two directions. This will not require a capital investment from Rye, but will be funded from an outside source and paid for by user fees. He added that the Board of Selectmen have discussed the need for sewerage along the coast from south of Odiorne Point to Rye Harbor. He recommended that the CIP Committee make note of this for future planning. Mr. Klenke agreed. Selectman Musselman asked if Conservation land acquisition is considered on a CIP plan. Mr. Klenke confirmed all land acquisitions should be considered. Chairman Jenness thanked Mr. Klenke for the report. Board of Selectmen Meeting Minutes of Monday, April 20, 2009 – FINAL APPROVED 5 C. Event Permit: Cystic Fibrosis Foundation for Bike-a-thon, July 18 & 19. Police Chief Kevin Walsh reported that all the necessary paperwork for this event is in order. Motion by Joseph Mills to approve the Cystic Fibrosis Foundation Bike-a-thon, July 18th & 19th. Seconded by Craig Musselman. All in favor. E. Tax Abatement - 2007 & 2008 - BTLA Settlement Agreement Moulton and DeNiro v.Town of Rye Property: 702 South Road, Map 003, Lot 024-004 Original Valuation: $1,738,200 - Revised to: $1,434,100 - Difference: $ 304,100. Motion required: For 2007 to abate $304,100 and refund $2,709.53 + * interest For 2008 to abate $304,100 and refund $2,925.44 + * interest *Interest at 6% from tax payment date to refund date Motion by Joseph Mills to approve the tax abatements for 2007 in the amount of $304,100 and refund $2,709.53 + * interest and for 2008 in the amount of $304,100 and refund $2,925.44 + * interest, on property located at 702 South Road, Map 003, Lot 024-004. Seconded by Craig Musselman. All in favor. F. Tax Deeding of properties for non-payment of taxes: Selectmen may refuse to accept a tax deed on behalf of the Town and must notify the Town Clerk in accordance with RSA 80:38. Tax Collector, Elizabeth Yeaton explained to the Board that there are three properties on the Tax Deed Worksheet. Two are in Adams Mobile Home Park, of which she knows that one will be paid by Friday afternoon. She added that she has not heard from the other property owner. This property owner is traditional on this list and has always paid in the past. The third property is a piece of land at 21 Manor Drive owned by Ryan David. Mrs. Yeaton explained that she has tried contacting Mr. Ryan twice by using his last known address. He has not accepted the notices. They come back as unclaimed. After further discussion there was some confusion as to the title of the property, issues with a quit claim deed for a paper street and a septic system that may be on the property in question that actually belongs to an abutting property foreclosed on by Wells Fargo Mortgage Company. Mrs. Yeaton stated that she will need to do further research on this property. Motion by Joseph Mills to not accept a Tax Deed on property located at 39 Adams Trailer Park Map/Lot# 010013039000, Owner Jack P. Gobbi and property located at 45 Adams Park Map/Lot# 010013045000, Owner Debra S. Tatro. Seconded by Craig Musselman. All in favor. Motion by Joseph Mills to table any action on the property located at 21 Manor Drive Map/Lot#202118000000, Owner David Ryan until further information is available. Seconded by Craig Musselman. All in favor. G. Sign Request: Rye Driftwood Garden Club for sign at Parsons Field announcing the annual plant sale on May 15 and 16. The sign is requested from May 10 to May 16. Motion by Craig Musselman to approve the sign request of Rye Driftwood Garden Club for May 10th to May 16th. Seconded by Joseph Mills. All in favor. Board of Selectmen Meeting Minutes of Monday, April 20, 2009 – FINAL APPROVED 6 H. Requests for permission to connect to Municipal Storm Drain (Per a Drainage Improvements Plan prepared by Ambit Engineering) 71 Harborview Drive, Owners: Richard C. and Anita L. Holt 77 Harborview Drive – Owners: Arthur P. & Carol S. Cole Chairman Jenness asked if these requests are to solve an old problem or the results of new construction. Public Works Director, Bud Jordan answered that it is to solve an existing problem created by drains from the sump pumps going out to the back of the property to an area that cannot accept the water. The water is just running back into the cellar foundations. Over a period of time this has created a lot of settlement and is ruining the back area. These are established homes that have been there for approximately forty years. The home owners stated that the water has always been an issue. Selectman Musselman noted that the size of the discharge pipe is 1 ½ inches, however the easement stated that it is up to a 4-inch pipe. Mr. Jordan confirmed that it should be a 1 ½ inch pipe. Selectman Musselman requested that condition two (2) of both easements be modified as follows: The connection is to be made with a storm drain line not exceeding four inches in diameter. To: The connection is to be made with a storm drain line of one and one half inch in diameter. Motion by Craig Musselman to grant permission for both properties to connect to the Municipal Storm Drain with the easements modified as noted. Seconded by Joseph Mills. All in favor. I. Bid Opening: Street Sweeping / Catch Basins Cleaning The following Street Sweeping Bids were opened and reviewed by the Board: 1. Ruel Sweeping Service $115.00 per hour 2. Granite State Sweeping $100.00 per hour 3. Amoskeag Maintenance Service $ 84.50 per hour The following Catch Basins Cleaning Bids were opened and reviewed by the Board: 1. NE Basin Cleaners, LLC $ 40.00 each catch basin $125.00 per hour – line flashing 2. Bellemore Catch Basin Maintenance $ 35.00 each catch basin $110.00 per hour – pipe jetting services 3. Smith Pipeline Service $ 38.00 each catch basin $125.00 per hour – pipe jetting services Board of Selectmen Meeting Minutes of Monday, April 20, 2009 – FINAL APPROVED 7 Mr. Jordan asked that he be able to review these bids with the Town Administrator in order to make sure that the companies have the equipment necessary to handle the Town’s needs and also to review the time and availability. Selectman Musselman stated that the companies must meet the RFP requirements. Mr. Jordan agreed. Selectman Musselman asked when the services must start. Mr. Jordan answered that they have to start as soon as possible. Motion by Craig Musselman to grant both bids to the lowest bidder. If Mr. Jordan finds that the lowest bidder does not met the RFP requirements, Mr. Jordan will come back to the Board for their permission before awarding the bid. Seconded by Joseph Mills. All in favor. J. Recreation Commission: Bids for Land Maintenance / Recommendation from the Recreation Commission. Recreation Director, Lee Arthur explained that this was not a request for Bids, it was an RFP. Ms. Arthur presented the Board with a worksheet highlighting the proposals from five different companies. (See Attached) Chairman Jenness read a memo from the Recreation Commission recommending Knowles Ground Maintenance Turf Management and Mowing Program Proposal of $12,765. Selectman Musselman noted that the same companies bid every year and every year the bid is not awarded to the lowest bidder because the companies do not provide the requested information that is asked for. Ms. Arthur explained that she has asked for specific product and specific amounts to be used in the RFP. By doing this she is able to calculate the cost of the material. She suggested that there is no way that the lowest bidder can provide the requested products, in the requested amounts for that price quoted. She suggested that the company is compromising on the product. Ms. Arthur told the Board that next year she will be providing the companies with a schedule or bid form that they will have to complete. Motion by Joseph Mills to grant the Recreation Area Turf Management and Mowing to Knowles Ground Maintenance Turf Management and Mowing. Seconded by Craig Musselman. All in favor. K. Energy Audit RFP Interim Town Administrator, Michael Farrell presented the Board with a Request for Proposals for a comprehensive Facilities Energy Audit. Chairman Jenness said that she is concerned about the time frame. She noted the proposal submission date is May 1st. Administrator Farrell said that the Town is under a tight deadline in order to be prepared for an application for the federal stimulus money. The deadline for the grant application is June 15th. Selectman Musselman suggested that the Library not be included. Mr. Farrell said that he had spoken to the Library Director Kerry Cronin and she indicated that the Library would like to be included in the RFP process in order to benefit from the economy of scale. Board of Selectmen Meeting Minutes of Monday, April 20, 2009 – FINAL APPROVED 8 Steve White of the Rye Energy Committee said that the Library has some major heating issues. Selectman Musselman agreed that that will add significantly to the scope of the project. Selectman Mills asked why the Public Safety Building would be included. Mr. White agreed that it would be low on priorities. Selectman Musselman asked where the funding for this project would come from. Administrator Farrell answered that it would come from the Building Maintenance Capital Reserve Fund. The Board agreed that the project should be broken down by individual buildings and that the Public Safety Building should be taken out of the project. Selectman Musselman suggested that the fees be submitted in a separate sealed envelope, in order to have a process to review the qualifications and project approach of the firm. He also suggested that the document be stamped by a licensed professional engineer. Selectman Mills asked if there was any reason the Public Works Buildings should be included. He pointed out that when the trucks go out the bay doors stay open. Mr. White pointed out there are operational problems, however there are also design issues in the building that can be addressed. The Board agreed that Administrator Farrell should move forward with the RFP. L. River Bend Masonry: Request for permission to access the beach in order to perform work at 1304 Ocean Blvd. (Schwartz property) with a small, 10,000 lb, excavator via the Town ROW across from Petey’s Summertime Seafood. At the property owner’s request, the work involved is to level the large stepping stone at the bottom of beach stairs at 1304 Ocean Blvd. (A DES permit for this property and others adjacent was issued in 2007 for seawall repair.) Mrs. Patty Schwartz described the condition of a large stepping stone at the bottom of the stairs. Mrs. Schwartz pointed out that there is a considerable amount of foot traffic across the ROW to the beach. She is very concerned because the angle of the stone is creating a dangerous situation. She stated that the contractor told her that it will take about two hours to remedy the situation. The DES permit for this property from 2007 is still valid and in effect. Motion by Craig Musselman to allow the use of the Town ROW by Mark Gilman of Riverbend Masonry, for the propose of leveling the stepping stone on the Schwartz property, provided that all conditions are restored. Seconded by Joseph Mills. All in favor. Selectmen Mills suggested that it may be easier for the contractor to get on the beach by Pirate’s Cove. That way the contractor does not have to move the rocks at the end of the Town ROW. Mrs. Schwartz said that she would suggest that idea to the contractor. Board of Selectmen Meeting Minutes of Monday, April 20, 2009 – FINAL APPROVED 9 M. Request for permission to hold raffle: Professional Fire Fighters Association of Rye to raffle two Red Sox tickets from May 1, 2009 to drawing date of August 15, 2009. Motion by Craig Musselman to allow the Professional Fire Fighters Association of Rye to raffle two Red Sox tickets. Seconded by Joseph Mills. All in favor. IV. CORRESPONDENCE A. Letter from Susan Orazi Anderson rec’d 4/15/09 re: Request to be considered for appointment to the Rye Energy Committee. Note: There are presently five members on the Energy Committee. The committee was established calling for three members to not more than seven. A-1. Letter from Mimi White on behalf of the Energy Committee rec’d 4/16/09, supporting the appointment of Susan Anderson to the Rye Energy Committee. Motion by Craig Musselman to appoint Susan Orazi Anderson to the Rye Energy Committee. Seconded by Joseph Mills. All in favor. B. Letter from Bob Blanchard, rec’d 4/17/09 re: Request to be considered for reappointment as a member of the Recreation Commission. Mr. Blanchard’s term will be for three years to April 1 of 2012. B-1. Letter from Lee Arthur, Recreation Director, rec’d 4/17/09, Re: The Recreation Commission recommends Mr. Blanchard’s reappointment. Motion by Craig Musselman to reappoint Bob Blanchard to the Rye Recreation Commission for a three year term until April 1, 2012. Seconded by Joseph Mills. All in favor. V. NEW BUSINESS A. New Castle – Donor Town Selectman Mills asked State Representative David Borden if New Castle was a Donor Town last year. Representative Borden answered that it is a technicality. He explained that it is his understanding that the school under spent their budget by approximately $55,000 and the State required that the money be turned over to the State. The surplus came from over estimating the tuition to Portsmouth. He added that this was a ruling from the Attorney General’s Office. Representative Borden said that he would check with Jim Katkin at the School District for clarification. B. Senate Bill 168 Selectman Musselman expressed concern regarding the information received in a letter from Ted Diers of NH Coastal Programs at NHDES. Senator Maggie Hassan has sponsored SB168, which would repeal EAST and replace it with the Coastal Watershed Alliance. He noted that there is a public meeting on Tuesday April 28th at 5:00 p.m. in the Durham Town Hall. He asked Representative Borden what the legislative status of this Bill would be after the 28th. Will it get reported out of the House Committee? Board of Selectmen Meeting Minutes of Monday, April 20, 2009 – FINAL APPROVED 10 Representative Borden answered that it is very close. It is supposed to be exec that same week, which means that the Committee will report it out. It has already gone to the Senate. The Governor’s position is neutral. He added that Maggie Hassan is the primary sponsor of the Bill. Representative Borden also sponsored the Bill. He noted that SB168 excludes any type of ocean outfall. The goal is to create an organization that enables and empowers coastal communities to work together to find cost-effective ways to improve water quality. Selectman Musselman expressed concern that if Rye does not join the Alliance it will receive lower priority consideration for funding programs administered by the State such as: a. State revolving funds for water and wastewater systems b. Grant programs administered by the New Hampshire coastal program. c. Grants from the housing and conservation planning programs. d. Congestion mitigation and air quality funds administered by the department of transportation. e. Transportation enhancement funds administered by the department of transportation. f. Assistance from the community development finance authority. Selectman Musselman pointed out that item b, regarding the New Hampshire coastal program grants will have a direct negative impact on Rye’s effort in its Wetland Restoration. He added that SB168 reads as coercion. If Rye does not join, it will lose its priority for grant funding from the coastal program. He emphasized that Rye probably has the highest priority in the State. Representative Borden acknowledged why Selectman Musselman would feel this way. He asked if Selectman Musselman would attend the meeting in Durham on the 28th. Selectman Musselman agreed that he would attend the meeting and express his opinion of coercion. He added that coercion is not the New Hampshire way of doing business. Representative Borden stated that SB 168 can still be amended. VI. OLD BUSINESS A. Job Descriptions (revised) (Tabled 4-6-09) 1. Transfer Station /Recycling Center Senior Attendant Motion by Joseph Mills to approve the Transfer Station/Recycling Center Senior Attendant job description. Seconded by Craig Musselman. All in favor. 2. Transfer Station/Recycling Center Attendant/Laborer Motion by Joseph Mills to approve the Transfer Station/Recycling Center Attendant/Laborer job description. Seconded by Craig Musselman. All in favor. B. Appointment of the Transfer Station/Recycling Center Senior Attendant Motion by Joseph Mills to appoint Alan Bucklin to the position of Transfer Station/Recycling Center Senior Attendant. Seconded by Craig Musselman. All in favor. Board of Selectmen Meeting Minutes of Monday, April 20, 2009 – FINAL APPROVED 11 VIII. PUBLIC RECOGNITION - None IX. OTHER BUSINESS The Board reviewed and modified the graphic designs for the beach signs that were submitted by Mike Labrie of the Beach Commission. ADJOURNMENT There being no further business before the Board, Chairman Jenness called for a motion to adjourn at 9:00 p.m. So moved by Craig Musselman and seconded by Joseph Mills. All in favor. Respectfully submitted Dyana F. Ledger
"TOWN OF RYE - BOARD OF SELECTMEN"