TOWN OF RYE - BOARD OF SELECTMEN MEETING Monday, July 28, 2014 6:00 p.m. Rye Town Hall Selectmen Present: Chairman Craig Musselman, Vice-Chair Priscilla Jenness and Selectman Joseph Mills. Others Present: Town Administrator Michael Magnant and Asst Town Administrator/Finance Director Cynthia Gillespie. 6:00 p.m. I. CALL TO ORDER Chairman Musselman called the meeting to order at 6:25 p.m. II. NON-PUBLIC SESSION per RSA 91-A:3, II (b) Hiring At 6:25 p.m., Craig Musselman made a motion to go into Non-Public Session per RSA 91-A:3, II (b) Hiring. Seconded by Priscilla Jenness. Roll Call: Mills Yes, Jenness Yes, Musselman - Yes Motion by Priscilla Jenness to seal the minutes of the Non-Public Session. Seconded by Craig Musselman. All in favor. At 6:35 p.m., Craig Musselman made a motion to come out of Non-Public Session and reconvene the Public Session. Seconded by Priscilla Jenness. Roll Call: Mills Yes, Jenness Yes, Musselman - Yes 6:30 p.m. Chairman Musselman reconvened the public meeting at 6:40 p.m. and led the Pledge of Allegiance. III. ANNOUNCEMENTS Town Hall Committee Public Meeting to be held on August 5, 2014, 6:30 p.m., Public Safety Building. 1
IV. CONSENT AGENDA ITEMS A. Chief Walsh Event Permit Application: Saunders at Rye Harbor 10K Road Race, Thursday, 8/21/14, 6:00 8:30 p.m. to benefit NHSPCA. B. Chief Walsh Event Permit Application: National Multiple Sclerosis Society: 2014 Bike MS Seacoast Escape Ride, Saturday 8/23/14, 8:00 a.m. 4:00 p.m. to benefit National MS Society. Motion by Joseph Mills to approve the consent agenda items. Seconded by Priscilla Jenness. All in favor. V. DISCUSSION ITEMS A. Meeting Minutes 1. Meeting, Monday, July 14, 2014, 6:00 p.m., Town Hall Motion by Priscilla Jenness to approve the minutes of Monday, July 14, 2014 as amended. Seconded by Joseph Mills. Page 6, 1 st paragraph under item F, 2 nd sentence should read: They are ready to change it to $15,000 or $20,000. Page 7, 3 rd paragraph from bottom, 3 rd sentence should read: If there is heavy traffic that has to stop for two crosswalks within 100ft of each other the traffic will be backed up to Rye Harbor. Page 8, 3 rd paragraph from bottom should read: Vice-Chair Jenness commented that the letter the Selectmen received should be moved onto the engineers who have been hired to look at this. Vote: 3-0. Motion passed. 2. Non-Public Session, Monday, July 14, 2014 (1) Per RSA 91-A:3, II (a) Personnel (2) Per RSA 91-A:3, II (a) Personnel Motion by Priscilla Jenness to approve the Non-Public Session (1) Per RSA 91-A:3, II, (a) Personnel, for July 14, 2014 as amended. Seconded by Joseph Mills. It should be noted that where it refers to position at the end of the minutes it should say permanent position. Vote: 3-0. Motion passed. Motion by Priscilla Jenness to approve the Non-Public Session (2) Per RSA 91-A:3, II, (a) Personnel, for July 14, 2014 as presented. Seconded by Joseph Mills. All in favor. 2
B. Discretionary Easement Request James Philbrick James Philbrick spoke to the Selectmen. He explained that he went before the Board of Selectmen in April with an application for a conservation easement. At that time, the application was accepted. Following that a discretionary easement description was put together. There are conditions in there that would apply to the easement for a ten year term. He noted that the document has been submitted for their review. Vice-Chair Jenness stated that she felt like they needed a larger map. She did not feel they had all the information that was needed. The lot that was involved was defined and the relationship to a portion of the rest of the land; however, they could not determine the relationship to the conservation land and the well head. She feels these pieces were very important to getting the whole picture. Mr. Philbrick explained that his land is right on the boundary of two tax maps. Two tax maps have been put together to show the land for the conservation easement, the back land and the Rye Conservation piece. He pointed out that the well head is well up on Grove Road. The tax map shows the cross hatch section that is in the protected area. The piece of land that is being discussed for the conservation easement is within the well head protected area. Selectman Mills asked how far away the land is from the conservation land. The area was reviewed on the map for the Selectmen. Vice-Chair Jenness noted that this area is very wet. She asked how people would be able to walk through. She continued that it has value. She is just not sure how much value it has for public access. Chairman Musselman stated that there was a question about whether there could be a sign indicating where the public could park for gaining access. This was stricken from the draft easement. He asked Mr. Philbrick if this was because he did not want to be responsible for a sign or because he did not want a sign at all. Mr. Philbrick stated that he does not really mind the sign; however, if it is put up he would have to maintain it. Chairman Musselman asked if he would be okay with the Town maintaining the sign. Mr. Philbrick confirmed. Vice-Chair Jenness stated that she read that he did not want hunting on the property. The hunters sometimes walk through that area to get to another part of the land. (She pointed this area out on the map.) Mr. Philbrick replied that he has spoken to Attorney Keenan about that and he would like to delete that from the agreement. He continued that he has been letting hunters go on the land for years. They park on Central Road by the post office and go in. He has nothing against hunters going in. Vice-Chair Jenness noted that if there was to be no hunting the land would have to be posted every so many feet around the parameter. 3
David Hynes, Tax Assessor, explained that due to the limitations on land frontage for the houses on either side and across the street a gun cannot be shot in that general vicinity anyways. They would have to head back towards the conservation land. Chairman Musselman stated that the Selectmen would like to schedule a site walk. They would also like this issue to be reviewed by the Conservation Commission. The Selectmen would like to hear from the Commission as to what they would like to see for access. At that point, he thinks that the Selectmen would be interested in authorizing the Town Administrator, Town Assessor and Town Attorney to negotiate the discretionary easement. Mr. Philbrick agreed. Site Walk scheduled for August 11 th time to be determined. C. Chief Sullivan Appointment of Firefighter/Paramedic Jessica Downing to the Rye Fire Department Fire Chief William Sullivan stated that David Kornechuk is retiring as of August 1 st. Keeping with the wishes of the Board to hire another firefighter/paramedic, the position was advertised and three very qualified candidates were interviewed. Ms. Jessica Downing was selected for the position. Ms. Downing currently resides in Manchester. She will be the department s fourth paramedic. This will mean that there should be a paramedic on each shift. Ms. Downing has an associate s degree in fire protection from the N.H. Tech and has been working per diem as a paramedic for the City of Manchester. He noted that Ms. Downing has one more step to take to satisfy the N.H. Fire Standards and Training. Her appointment will be provisional upon her completing that step. He introduced Jessica Downing to the Selectmen. Town Clerk Beth Yeaton noted that she does not have a form signed by the Board of Selectmen; however, if it is agreed she can swear Ms. Downing in. She will just need to return to sign the form after the Selectmen have signed. Chairman Musselman stated that they had discussed the provisional status being through November 1 st. Ms. Downing is scheduled to take her test in late October. If there is a delay in taking the test, it can be readdressed on November 1 st. The Selectmen agreed that Mrs. Yeaton could swear Ms. Downing in. Town Clerk Beth Yeaton swore Jessica Downing in as a Rye Firefighter/Paramedic on provisional status. The Selectmen welcomed Ms. Downing to the Town. Motion by Priscilla Jenness to enter into a provisional basis agreement to hire Jessica Downing upon completion of her provisional status by passing the Candidate Physical Ability Test, known as C-PAT, by November 1 st. Seconded by Joseph Mills. All in favor. D. Dennis McCarthy, Public Works Director Paving bid results Dennis McCarthy, Public Works Director, spoke to the Selectmen in regards to his recommendation to award the paving bid to Bourassa Construction, LLC of Stratham. A motion was not needed by the Selectmen as this was the low bidder. 4
E. Request for Approval of Rye Firefighter s Assn. Boot Drive, Saturday, August 23, 2014 from 7:30 a.m. 1:30 p.m., at the Recycling Center. The Boot drive will benefit Muscular Dystrophy. (Motion required.) Motion by Priscilla Jenness to approve the Rye Firefighter s Assn. Boot Drive for Saturday, August 23 rd at the Recycling Center from 7:30 a.m. to 1:30 p.m. Seconded by Joseph Mills. All in favor. F. APPOINTMENT: Heritage Commission 1. Beverly Giblin: Requests appointment as an alternate member, term to expire 2017. 2. Recommendation letter rec d 7/18/14 from Mae Bradshaw, Chair Motion by Joseph Mills to table the appointment in order for the Selectmen to meet Mrs. Giblin. Seconded by Priscilla Jenness. All in favor. VI. CORRESPONDENCE A. Letter dated 7/14/14 from Officer Scott Sullivan re: his resignation from the Rye Police Department Motion by Joseph Mills to accept the resignation of Officer Scott Sullivan with regret. Seconded by Priscilla Jenness. All in favor. VII. NEW BUSINESS Mr. McCarthy spoke to the Selectmen in regards to hiring a part-time lawn/field mower to fill in for the Town as needed. Mr. McCarthy noted that the neighbor, Peter Scholfield, of the old police station on Central Road would like to replace the fence on that property in the same location as it currently is. Chairman Musselman noted that the Town Hall Committee, after reviewing the study of the old police station/trolley barn, had discussed demolishing the building. That will be a warrant article in some future year. The Selectmen agreed that a letter should be sent to Mr. Scholfield outlining the arrangement for the fence. Selectman Mills requested that the sign outside Town Hall stating Town Offices be repainted. VIII. OLD BUSINESS A. Rye Little League new sign placement in Town Tabled until the next Selectmen s Meeting. 5
The Shack Surf Shop Beach Permit Application Police Chief Kevin Walsh noted that there was an issue with the insurance. The Town of Rye needs to be named as additionally insured. The applicants spoke to the Selectmen on how they are trying to correct the situation. Chief Walsh requested that the Selectmen suspend the beach permit until they have the proper insurance in place. He noted that the beach permit was issued in May with the condition that the insurance be submitted. The proper insurance has not been submitted at this time. The Selectmen agreed that once the insurance is in place Chief Walsh may reissue the permit. Motion by Joseph Mills to suspend the permit until such time as Chief Walsh receives an adequate insurance certificate with the Town named as an additional named insured. Seconded by Priscilla Jenness. All in favor. IX. PUBLIC RECOGNITION None X. OTHER BUSINESS Chairman Musselman stated that there is a matter of an employment agreement of Interim Fire Chief, Thomas Lambert. He is a retired fire chief having retired from North Hampton. He has agreed to begin service as the part-time Fire Chief in Rye on an interim basis. It does not have an ending date and it starts in August. Chief Lambert will be with Rye for an undetermined amount of time until the options can be sorted out for the Fire Department. Motion by Joseph Mills to authorize the execution of the employment agreement with new Chief Thomas Lambert. Seconded by Priscilla Jenness. All in favor. Finance Director Cynthia Gillespie stated that she has submitted the revision of the policy on disability coverage for the Selectmen s review. She noted that the changes that were made were to the positions that are considered part-time in the employee manual. The policy was first written in 2004. At that time, the employees were able to draw down on their sick bank to offset long term disability, which cannot be done. She has written the policy to follow the actual procedure. This new policy will supersede the 2004 version. Motion by Joseph Mills to adopt the Town Policy for Disability Insurance Coverage, which supersedes the 2004 version. Seconded by Priscilla Jenness. All in favor. Vice-Chair Jenness stated that the Town is in possession of a Boston Post Cane. Many years ago the editor of the Boston Post Newspaper presented canes to 700 towns throughout New England. Over the years, in the Town, the cane was to go to the oldest living resident. She continued that it has become increasingly difficult to know who the oldest person is. There is no way to really 6
find out as the population grows and the laws protect that information. She stated that in 2005, the Town of Rye decided it would be a good idea to have a replica made so the original cane, which is of historic value, could be put on display or put in the vault for safe keeping. The replica could be given to the oldest person. At that time, the Selectmen developed a policy that this person had to be a Rye resident for at least ten years, as well as be the oldest person. Upon their death or removal, meaning their movement from Town, they would return the cane to the Town. She stated that she had a call from Karen at Webster at Rye stating that they will be having a celebration for Robert Mitchell on August 2 nd when he will be 104 years old. Karen asked about the Boston Post Cane. According to tradition, the Board of Selectmen presents that to the person who is the oldest resident. They thought it would be a nice gesture to do that for his birthday. Motion by Priscilla Jenness to award the Boston Cane replica to Robert Mitchell. Seconded by Joseph Mills. All in favor. In regards to the Town flag, Vice-Chair Jenness noted that she met with Dr. Mittelman and he wanted to know what size the Selectmen would like for the flag, whether it should be for a pole or not and if it should be an inside or outside flag. The Historical Society would like to have one made for the Town. Vice-Chair Jenness stated that she will meet with the flag company to get the proportions and finalize the design. A smaller flag will then be made as a mock-up. She commented that the standard size is 3x5 or 4x6 and there is no difference between an inside or outside flag. Chairman Musselman stated that the Captain John Smith Memorial Event is scheduled for the second week of August. Representative Nancy Stiles has requested that a member of the Board of Selectmen speak at the event. Selectman Jenness has agreed to attend the event on behalf of the Selectmen. ADJOURNMENT Motion by Joseph Mills to adjourn at 7:55 p.m. Seconded by Priscilla Jenness. All in favor. Respectfully Submitted, Dyana F. Ledger 7
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