town of rye - board of selectmen meeting tuesday, may 28 ... minutes.pdf · draft minutes of the...

DRAFT MINUTES of the Board of Selectmen’s Meeting 5/28/13

See minutes of 6/10/13 for approvals/corrections

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TOWN OF RYE - BOARD OF SELECTMEN MEETING

Tuesday, May 28, 2013

6:30 p.m.

Rye Town Hall

Selectmen Present: Chairman Joseph Mills, Vice-Chair Craig Musselman and Selectman

Priscilla Jenness.

Others Present: Town Administrator Michael Magnant and Asst Town

Administrator/Finance Director Cynthia Gillespie.

I. CALL TO ORDER AND PLEDGE OF ALLEGIANCE

Chairman Mills called the meeting to order at 6:35 p.m. and led the Pledge of Allegiance.

II. ANNOUNCEMENTS

Fire Chief William Sullivan announced that the Seacoast Regional Firefighters’ Memorial will be

held on Sunday, June 2nd

, 9:00 a.m. The ceremony will be held at the cemetery with a gathering after at

the Public Safety Building. The towns of Hampton, North Hampton and Hampton Falls will also be

participating in the ceremony.

III. APPROVAL OF MINUTES

A. Meeting, Tuesday May 7, 2013, 4:30 p.m., at Town Hall

Vice-Chair Musselman noted the following correction:

Page 3, 1st paragraph reads: Whether they need adjustments, it is a matter of if the sales

indicate the values are moving in a different direction then the town as a whole. Should

read: Whether they need adjustments, it is a matter of if the sales indicate the

values are moving in a different direction than the town as a whole.

Motion by Craig Musselman to approve the minutes of May 7, 2013 as amended. Seconded by

Priscilla Jenness. All in favor.

A-1. Non-Public Session, Tuesday, May 7, 2013, Town Hall. Per RSA 91-A:3,II (b) hiring.

Motion by Priscilla Jenness to approve the minutes of the Non-Public Session, May 7, 2013 as

presented. Seconded by Craig Musselman. All in favor.



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B. Meeting, Tuesday, May 13, 2013, 6:30 p.m., Town Hall

Selectman Jenness noted the following corrections:

Page 4, 5th paragraph reads: At the worse it would be postponed one year. Should read:

At the worst it would be postponed one year.

Page 9, 4th paragraph reads: Selectman Jenness explained that the study of the Trolley

Barn and the records storage needs to be started in order to write the RFP for the Town

Hall. Should read: Selectman Jenness explained that the studies of the Trolley Barn

and the records storage need to be started in order to write the RFP for the Town

Hall.

Vice-Chair Musselman noted the following corrections:

Page 4, the Motion should read: Motion by Craig Musselman to prepare, as part of

the Transfer Station/Public Works Complex Site Plan, a comprehensive plan this

year for effective visual and noise screening of the site from neighbors with cost

estimates and a sequencing plan for consideration of implementation in subsequent

years.

Page 4, 8th paragraph reads: Town Administrator Michael Magnant explained that

coalition communities have come together to try and soften the permits requirements that

are being proposed by EPA. Should read: Town Administrator Michael Magnant

explained that coalition communities have come together to try and soften the

permit requirements that are being proposed by EPA.

Page 5, 5th paragraph reads: The person who signs the proposal as project manager is not

an engineer or an architect. Should read: The person who signed the proposal as

project manager is not an engineer or an architect.

Motion by Craig Musselman to approve the minutes of May 13, 2013 as amended. Seconded by


B-1. Non-Public Session, Tuesday, May 13, 2013, Town Hall. Per RSA 91-A:3, II (b) hiring.

Motion by Priscilla Jenness to approve the minutes of the Non-Public Session, May 13, 2013 as

presented. Seconded by Craig Musselman. All in favor.

Note: The following items were taken out of posted agenda order. (As shown in minutes.)

IV. AGENDA ITEMS

A. Resignation of Bill McDade as Library Trustee. Karen Oliver, Chair, to present letter of

resignation. (motion required)

Karen Oliver, Chair, spoke to the Board in regards to the resignation of Bill McDade as Library Trustee.



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Motion by Craig Musselman to table to the next Board of Selectmen’s Meeting.

Motion failed for lack of a second.

The Selectmen requested a copy of Mr. McDade’s resignation letter for the files.

Ms. Oliver submitted a copy to the Selectmen.

Motion by Craig Musselman to accept the resignation of Bill McDade as Library Trustee.

Seconded by Priscilla Jenness. All in favor.

Library Trustee – (Per RSA 202-A: 10) (Motion required, tabled from 5/14/13)

1. Brian Klinger, email rec’d 5/10/13 requesting appointment to the Library Board of

Trustees.

2. Letter rec’d 5/10/13 from Karen Oliver, Chairman Library Board of Trustees,

recommending Brian Klinger be appointed to the vacant position on the Board.

Motion by Craig Musselman to appoint Brian Klinger to the remaining term of Bill McDade

through Spring 2014. Seconded by Priscilla Jenness. All in favor.

B. Request for approval of Raffle: To benefit the Project Safety Association – Held at

WBTSCC. Drawings will be held June 15, 2013

Motion by Craig Musselman to approve the raffle request to benefit the Project Safety Association.


C. The NH Division of Historical Resources has listed the Rye Town Hall in the New

Hampshire State Register of Historic Places.

Chairman Mills acknowledged Sarah Hall for her work on the application for the State Register. He

thanked Ms. Hall for her dedication to the project.

Selectman Jenness stated that there is an official sign that can be purchased and placed on or in front of

the building depending on the style of sign. There has been some discussion of the sign at the Heritage

Commission Meetings. This may be something they will want to do.

D. Quit Claim Deed to Paper Streets – 3 Quit Claim Deeds to Amelia P. Brown Revocable

Trust. Approved by Atty. Donovan. (Motion and Signatures required)

Motion by Craig Musselman to table the Quit Claim Deeds to Amelia P. Brown Revocable Trust to

the next Board of Selectmen’s Meeting. Seconded by Priscilla Jenness. All in favor.

E. Town Hall Committee

1. Appointment of members

2. Proposed RFP

Chairman Mills stated that he would like to send an invitation out to the members of the Space Needs

Committee.



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Selectman Jenness stated that the people who worked on the Space Needs Committee probably have as

good a background, built to date, as any group that could be put together. She thinks they should ask the

members who would be interested in continuing. From there, the gaps can be filled so there is a good

balance and mix of people who are involved in history, architecture and skills that will be involved.

Vice-Chair Musselman stated that he would also like to invite all the members who served previously.

He suggested adding himself to the Committee. That would make it such that there are two Selectmen.

Also, it should be renamed to the “Town Hall Committee”. He continued that he has thirty-eight years of

experience in managing public projects and can help with the planning process. He thinks it would be

helpful to add his voice. He also suggested that Victor Azzi be invited to join the committee. He has

provided good input prior to the finalization of the warrant article and informally on the RFP that is being

considered to send out to architects.

Motion by Craig Musselman that in addition to what the Selectmen have suggested, all seventeen

members of the original committee are invited, along with himself and Victor Azzi. Seconded by


Vice-Chair Musselman noted that when this goes to design and construction this is not likely to be the

forum that will deal with details regarding design and construction issues. With that being said, there

needs to be a structure, as it goes into construction that works and is something that the community has

confidence in. His view is that this committee will serve for the next year or so for basic decisions that

need to be made. Then there should be a different structure. The members should not think they will be

on the committee for four years through construction. That is probably not what anyone will want.

Speaking to Town Administrator Michael Magnant, Chairman Mills asked for a copy of the RFP.

The Selectmen reviewed the RFP.

Vice-Chair pointed out that Mr. Magnant prepared the RFP with input from the Selectmen, Director of

Public Works and Mr. Azzi. It is an RFP for an architect/engineer. It has them looking at space needs,

identifying code compliant issues, looking at recreational needs and requires two schematic designs to be

prepared. There is also the preparation of a facilities master plan. He continued that there was discussion

at one time of forming the committee and running the RFP by the members before sending it out. He

thinks they can move forward with the RFP at this time and if anyone has an idea to be added an

addendum to the RFP could be sent out.

Michele Sopher, Energy Committee Co-Chair, spoke on the consideration of building a Leed Certified

Building.

Motion by Craig Musselman to advertise the RFP with a thirty (30) day turnaround time with a

first committee meeting before the proposals are reviewed. Seconded by Priscilla Jenness. All in

favor.

There was discussion on the study of the Trolley Barn and issues involved with parking for the property

depending upon its use.

The Selectmen agreed the study should move forward with the parking issues being considered.



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F. General Assessing Services Contract with Certified New Hampshire Assessing Services,

LLC.

Interviews for the Town Assessing position were held by the Selectmen on May 7, 2013. The conclusion

of the Board of Selectmen was for N.H. Assessing Services, LLC, David M. Hynes, to fill the position.

Mr. Hynes is very well respected with the State and has worked closely with other town assessors.

Mr. Magnant had prepared a contract for assessing services for the Selectmen’s review. The contract has

been reviewed by NH DRA and Town Attorney Michael Donovan.

Selectmen Jenness spoke on the importance of having an assessor in the town office on Mondays.

Mr. Magnant confirmed that he has addressed this concern with Mr. Hynes and there should not be an

issue.

Motion by Priscilla Jenness for the Town to enter into a contract with David M. Hynes. Seconded

by Craig Musselman. All in favor.

G. Sign Request: Friends of Pulpit Rock Tower, Inc. for sign at Parsons Field announcing

public tours of Pulpit Rock Tower on 6/1/13, 11:00 a.m. – 3:00 p.m. The sign is

requested for one week prior to event. (Motion required)

Vice-Chair Musselman questioned the size of the sign. He pointed out that the application states 18”x36”

which is more than 4sf. He asked if the signs have already been made.

Mr. Magnant stated that he does not know if the signs have been made. They may have a sign that is

already made that they use for all the events.

Motion by Craig Musselman to approve the application, as long as, the sign is not larger than four

(4) square feet. Seconded by Priscilla Jenness.

Chairman Mills stated that they have signed the application and it is on the application that the sign is not

to exceed 4sf. He noted that they have been working hard on the tower.

Vice-Chair Musselman amended the motion:

Motion by Craig Musselman to approve the application, as long as, the sign is not larger than four

(4) square feet unless they have already printed a sign 18”x36” prior to the date of this meeting.


H. Chief Walsh – Event Permit Application: America by Bicycle, Inc. – Cross Country

Challenge, a non-profit event. Tuesday, 7.23.13 and Monday, 8/5/13, 11:45 a.m. to

12:00 p.m.

Motion by Priscilla Jenness to approve the application from America by Bicycle, Inc., Cross

Country Challenge, for Tuesday, July 23rd

and Monday, August 5th

. Seconded by Craig

Musselman. All in favor.



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V. APPOINTMENTS

A. Appointments to the Rye Recycling Education Committee (motion required)

1. Lisa Moll – Email rec’d 5/190/13 request for appointment

2. Deidre Smyrnos – Email rec’d 5/10/13 request for appointment

3. Susan Anderson – Email rec’d 5/10/13 request for appointment

4. Recommendation emails rec’d 5/10/13 & 5/13/13 from Michele Sopher, co-chair Rye

Energy Committee for Susan Anderson, Deidre Smyrnos and Lisa Moll.

Motion by Craig Musselman to appoint Lisa Moll to the Recycling Education Committee for a term

of 1 year. Seconded by Priscilla Jenness. All in favor.

Motion by Craig Musselman to appoint Deidre Smyrnos to the Recycling Education Committee for

a term of 1 year. Seconded by Priscilla Jenness. All in favor.

Motion by Craig Musselman to appoint Susan Anderson to the Recycling Education Committee for

a term of 1 year. Seconded by Priscilla Jenness. All in favor.

VI. CORRESPONDENCE

A. Letter rec’d 5/10/13 from Jaci Grote, Rye Farmers Market Committee, re: request

permission to have Throwback Brewery sell bottled beer at the Rye Farmers Market. Not

to be consumed at the market. (motion required)

Motion by Craig Musselman to approve as requested. Seconded by Priscilla Jenness. All in favor.

B. Letter rec’d 5/14/13 from the Rye Energy Committee re: requesting Energy Committee

involvement in the Town Hall renovation as well as input into the upcoming CIP

projects.

There was discussion regarding the request of the Energy Committee to have involvement with the CIP

Committee.

C. Letter rec’d 5/23/13 from Susan Sawtelle requesting permission to remove tall dandelions

from the garden plantings in the circle at Foye’s Corner.

Chairman Mills pointed out that this area of land belongs to the State. Ms. Sawtelle is requesting

permission to remove dandelions from the circle at Foye’s Corner. She is also requesting permission to

park a truck on the skirting of the circle for the project.

The Selectmen agreed to refer Ms. Sawtelle to the Police Chief.

VII. NEW BUSINESS

None



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VIII. OLD BUSINESS

A. Purchasing Policy Changes (Motion required to adopt the revised Purchasing Policy)

Town Administrator Michael Magnant reviewed the changes that were made to the Purchasing Policy for

the Selectmen.

Motion by Craig Musselman to approve the Purchase Policy as presented. Seconded by Priscilla

Jenness. All in favor.

B. Route 1A paving – Response letter from NH DOT dated 5/21/13 re: the width of the

travel lanes.

Chairman Mills read the letter from Douglas M. DePorter, NH DOT, in response to the letter sent from

Public Works Director, Dennis McCarthy, regarding the width of the travel lanes for Route 1A.

Mr. Magnant and Mr. McCarthy will meet with the engineer for the State for more information.

Dennis McCarthy, Public Works Director, noted that the department had filled the

open position at the Transfer Station; however, the person who was selected is unable to

continue in the position. He is requesting permission from the Selectmen to offer this

position to the person who was the second choice.

The Selectmen did not have any issues with the request.

IX. PUBLIC RECOGNITION

Town Administrator Michael Magnant noted that the Memorial Day Ceremony held in

Rye was an outstanding memorial to the country’s veterans. There are a number of

people involved in the ceremony who deserve thanks.

Selectman Jenness stated that there are a lot of people involved; fire and police. Lee

Arthur, Recreation Director, does the overall organization for the Town that is

ongoing.

Mr. Magnant pointed out that the way Ms. Arthur incorporates the elements of the Town

and people who have been involved in things, such as the Thresher, raises the ceremony

up a notch and makes it more meaningful.

Fire Chief William Sullivan reported that the final inspection for Sanctuary Care is being

held on May 29th. The facility is close to opening.

X. OTHER BUSINESS

Vice-Chair Musselman noted that he will be arriving late for the Selectmen’s Meeting on

June 10th.



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Vice-Chair Musselman noted that there are two committees that have recently been

formed that have two selectmen on them. The committees can only have the two

selectmen as members if it is a Selectmen’s Meeting. The Beach Use Ordinance

Committee and the Town Hall Committee will have two selectmen. The meetings will

need to be noticed, have minutes and will need to be opened as a Board of Selectmen’s

Meeting. He also noted that the third selectmen will not be involved in the meetings and

they will not be deliberative sessions of the selectmen.

XI. NON-PUBLIC SESSION

(1) Per RSA 91-A:3, II (a) Personnel

(2) Per RSA 91-A:3, II (e) Legal

At 7:48 p.m., Priscilla Jenness made a motion to go into a non-public session, per RSA 91-A:3, II (a)

Personnel and RSA 91-A:3, II (e) Legal. Seconded by Craig Musselman.

Roll Call vote: Jenness – Yes; Musselman – Yes; Mills – Yes.

At 8:29 p.m., Craig Musselman made a motion to come out of Non-Public Session. Seconded by

Priscilla Jenness. Roll Call Vote: Jenness – Yes; Musselman – Yes; Mills – Yes.

Motion by Craig Musselman to seal the minutes of the Non-Public Session. Seconded by Priscilla

Jenness. All in favor.

XII. ADJOURNMENT

Motion by Priscilla Jenness to adjourn at 8:30 p.m. Seconded by Craig Musselman. All in favor.

Respectfully Submitted,

Dyana F. Ledger



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town of rye - board of selectmen meeting tuesday, may 28 ... minutes.pdf · draft minutes of the...

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