DRAFT MINUTES of the Selectmen’s Meeting 3/10/14
See minutes of 3/24/14 for approvals/corrections
SELECTMEN’S MEETING
Monday, March 10, 2014
6:30 p.m.
Rye Town Hall
Present: Chairman Joseph Mills, Vice-Chair Craig Musselman and Selectman Priscilla
Jenness.
Others Present: Town Administrator Michael Magnant and Assist. Town
Administrator/Finance Director Cynthia Gillespie.
I.
CALL TO ORDER
Chairman Mills called the meeting to order at 6:30 p.m. and led the Pledge of Allegiance.
II.
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ANNOUNCEMENTS
Presentation to the 2013 Rye Little League State Champions
Chairman Mills congratulated the members of the Rye Little League who won the 2013 State
Championship. The following players were presented with medallions from the Town for their
accomplishment:
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Dylan Chase
Will Gerrish
Nick Guerin
Tripp Hindle
Dylan King
Calvin Kobylinski
Matthew Leger
Spencer Leger
Max Malila
Joe Nadeau
Jonathan Swenson
The team is coached by Chris Guerin, Derek Malila and managed by Ron King. Little League
Officials include President Ray Hindle, Vice-President Paul Predaris, Treasurer Dan Beaton and
Umpire in Chief Dan Mariotti.
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DRAFT MINUTES of the Selectmen’s Meeting 3/10/14
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Other Announcements:
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Chairman Mills noted that Tuesday, March 11th is Election Day. The polls will be open from
8:00 a.m. to 7 p.m.
III.
A.
APPROVAL OF MINUTES
Meeting, Monday, February 10, 2014, 6:30 p.m., Town Hall
Motion by Craig Musselman to approve the minutes of February 10, 2014 as presented. Seconded
by Priscilla Jenness. All in favor.
B.
Non-Public Session, Wednesday, February 19, 2014, per RSA 91-A:3,II (e) Litigation
Motion by Craig Musselman to approve the Non-Public Session of February 19, 2014. Priscilla
Jenness seconded with a note that a name was misspelled on the first page, next to last line.
Vote: All in favor to approve.
Note: Chairman Mills took item C from Correspondence out of posted agenda order. (As shown in
minutes.)

Letter rec’d 2/20/14 from Peter Crawford re: the upcoming Town Election and the ballot casting
procedure.
Peter Crawford, 171 Brackett Road, spoke to the Board regarding his letter to the Selectmen, dated
February 20, 2014, concerning the upcoming Town Election and ballot casting procedure.
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Please see letter from Peter A. Crawford, dated February 20, 2014,
Cc to Robert Eaton, Town Moderator.
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Please see response from Robert G. Eaton, dated February 22, 2014.
Chairman Mills stated that the Selectmen are at the polls because it is their duty to be there. The
Selectmen do not get paid for this. If they are pulled away from this duty it will end up costing the Town
more money.
Robert Eaton, Town Moderator, stated that by State law he is in charge and has total supervision
responsibilities for the elections in the Town of Rye. He noted that he has responded to Mr. Crawford’s
concerns that he has raised in a written letter. Two issues have been raised. One was the use of privacy
sleeves for the voters to carry their ballots from the voting booths to the optical scanner counting ballot
device. The other issue is Selectmen adjacent to or nearby the optical scanner counting ballot device to
monitor the machine and to make sure the ballots are correctly inserted. He continued that there have
always been privacy sleeves available for the voters. Signs are posted inside the election room, as well as
outside in the corridor, letting people know they are available. No one uses the privacy sleeves because
they are inconvenient. Based on Mr. Crawford’s concerns, there will be a sign sitting on the ballot table
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reminding people that they can use them and more signs will be put up around the room. The voters are
encouraged, by the Secretary of State, to use the privacy sleeves; however, people cannot be forced to use
them. The privacy sleeves are available but are not required by State Statute.
Regarding the Selectmen adjacent to the ballot counting device, Mr. Eaton stated that they are not there
that often during the day. The Selectmen have been doing this duty as long as he has been moderator and
before. There are a limited number of people who work on Election Day. There is a lot of preparation
that goes into preparing for the election. The Election Day itself is a very long day. He continued that the
Town Selectmen are elected officials by Statute in the State of New Hampshire. The moderator is
empowered to use any of the elected officials as he sees fit. The Selectmen have sworn an oath to uphold
the Constitution of the State of New Hampshire and the United States of America, as well as, the laws of
the State and Federal Election Laws. That is something they take seriously. He stated that he takes it
extremely seriously as the Town Moderator. He has seen absolutely nothing that would in any way
suggest a problem with their integrity or would suggest that they were in any way seeking ways to
intimidate or coerce voters. He stated that he will not change the rules because one person questions
somebody’s integrity. He believes their integrity is of the highest possible caliber.
Selectman Musselman stated that he is surprised at the assertion that any of the Selectmen might look at
ballots. That would be highly inappropriate and the Selectmen do not care how an individual votes.
None of the Selectmen would look at someone’s ballot to see how they voted. The role near the ballot
machine has been played primarily by Selectman Jenness. He doubts that very many people find
Selectman Jenness intimidating or menacing as they leave the voting place. The fear of that is nearly
delusional. He cannot imagine that Selectman Jenness is intimidating any voter.
Mr. Crawford stated that he is not challenging anyone’s integrity. The laws are pretty clear that the voters
cannot show their ballot to anybody and the election officials cannot look at any ballot. He is just trying
to avoid any sense that there might be some impropriety.
Mr. Eaton stated that in his six years as Town Moderator he has never seen anybody showing somebody
else their ballot, nor has he observed any election official looking at a ballot. Certainly, if this was to
happen and it was brought to his attention he would deal with that. People know they are not supposed to
read other people’s ballots. It is a matter of privacy.
Selectman Jenness stated that she is surprised if she has any “chilling” effect on the voters. Although the
letter states that the Selectmen “station themselves” beside the ballot machine, they are assigned to do
what they are doing in those rails. There also seems to be the thought that it took some time for voters to
be instructed at the ballot machine. She explained that her instructions as a person approaches are “either
side up, straight in”. If that is taking too much time, she is sorry. As far as the privacy sleeves are
concerned, they have been there as far as she has and probably longer, as well as some form of
magnification if a person needed to see better. She does not know of anyone who has had a problem with
asking a simple question. She is a little concerned that it was necessary to put together a four page epistle
to ask if there are privacy sleeves. She thinks this is a little silly.
Jaci Grote, 124 Washington Road, stated that she has voted in the Town for thirteen years. She has
never asked for a privacy sleeve, nor does she want one or care about it. She has full faith that no one is
reading her ballot. She continued that she is very vocal about her opinions and who she chooses to vote
for. However, she would never, as a citizen, interfere with someone’s privacy, nor would anyone she
knows. That is a code of conduct of citizenship. She stated that she has never felt intimidated or
threatened at the polls by anyone. She has always felt welcomed and encouraged to participate. The rules
have always been followed.
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Joe Cummins, 990 Washington Road, stated that some people might feel intimidated with the
Selectman near. He is one of the people who have asked for a privacy folder. The letter should be taken
in the spirit of civic interest.
Mr. Eaton reiterated that he has received Mr. Crawford’s letter and has responded to it. He is going to run
the election as he sees fit, pursuant to the statutory of powers as the Town Moderator. He hopes that
everyone will vote and is looking forward to participating in the democracy of America.
Cecilia Azzi, 1100 Old Ocean Blvd., stated that she does not think it is a question of integrity. It is the
way it looks. She pointed out that she did not know the Town had privacy sleeves available.
Susan Anderson, Long John Road, stated that she has worked at the table where the ballots are handed
out many times over the years. That is where the sleeves are. She has always asked the voters if they
would like a privacy sleeve. The sleeves are very visible and are available at every election.
IV.
PUBLIC HEARINGS
A. The Town of Rye Board of Selectmen will hold a Public Hearing per RSA 41:9-a, IV, at the
Rye Town Hall, 10 Central Road, Rye, New Hampshire at 6:30 p.m., on Monday, March 10,
2014. The purpose of the Public Hearing is to hear public input regarding the proposed amended
fee structure for emergency ambulance services. The current rates are as follows: BLS
Emergency Base Rate: $389.74; ALS 1 Base Rate: $4462.81; ALS 2 Base Rate: $669.87;
Cardiac Monitoring: $126.40; Defibrillation: $93.43; IV Therapy/Drugs: $115.41; Oxygen
Administration: $54.96; Mileage Charge: $9.46; Airways: $79.65. The proposed amendment
would be to “bundle” the rates as follows: Basic Life Support Emergency Rate: $500.00;
Advanced Life Support 1 Rate: $800.00; Advanced Life Support 2 Rate: $900.00; Mileage:
$10.00 per loaded mile.
At 7:10 p.m., Chairman Mills opened the public hearing.
Fire Chief William Sullivan stated that the Selectmen voted at a previous meeting to send the ambulance
rates to a public hearing. The recommendation is a minor increase in the rates. The rates have not been
increased since 2010. It is recommended that the rates be bundled in the way that Medicare has
suggested. The rates are slightly above what Medicare allows and is in line with private insurance. The
rates are for basic life support and advance life support. The monitoring, defibrillation, oxygen and IV
charges are all bundled into the base rates. The only other rate would be a mileage charge at $10 per
loaded mile.
The Ambulance Billing Schedule Recommendation sheet was available for the public to review.
Chairman Mills asked for questions or comments regarding the rates.
Joe Cummins, 990 Washington Road, asked the revenue difference between the bundled and the nonbundled systems.
Chief Sullivan stated that it is pretty much the same. It just makes it an easier billing process.
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Mr. Cummins asked the average response time for the ambulance.
Chief Sullivan stated that they average 4.5 to 5 minutes. Odiorne Point and Wentworth Road would be a
longer run than that.
Natasha Goyette, 750 Brackett Road, stated that the ambulance came to her house recently for her two
year old and they were there in probably 3 minutes. She thanked the department for their quick response.
Hearing no further comments or questions, Chairman Mills closed the public hearing at 7:22 p.m.
Motion by Craig Musselman to adopt the rates as proposed, effective April 1, 2014. Seconded by
Priscilla Jenness. All in favor.
V.
AGENDA ITEMS
A. Chief Walsh – Event Permit Application: Natasha Goyetta of Get it Going, LLC would like
permission to clean the Beaches on 3/20, 4/24 & 5/22 from 4:00 – 5:00 p.m. (Motion required.)
Natasha Goyetta stated that her company is partnering with a peer leadership group at the Portsmouth
High School. They would like to participate in a beach cleanup for Rye. The students will receive credit
for graduation requirements. She is seeking permission from the Selectmen.
There was discussion on the method that will be used for cleaning the beach.
Motion by Craig Musselman to approve Get it Going, LLC to clean Rye Town Beaches on 3/20,
4/24 and 5/22, from 4:00 to 5:00 p.m. Seconded by Joseph Mills. All in favor.
B. Peter Rowell, Building Inspector, would like to recommend Rosalie Powell Andrews for the
Building Department Administrative Assistant position.
Peter Rowell, Building Inspector, introduced Rosalie Powell Andrews to the Selectmen for the position
of Building Department Administrative Assistant.
The Selectmen welcomed Ms. Powell Andrews to the position.
Motion by Craig Musselman to hire Rosalie Powell Andrews as the Building Department
Administrative Assistant. Seconded by Priscilla Jenness. All in favor.
C. Dennis McCarthy, Public Works Director – Transfer Center Attendant Replacement
Dennis McCarthy, Public Works Director, spoke to the Selectmen in regards to the Transfer Center
Attendant position that needs to be filled. This position was recently filled; however, the person has left
employment. He is seeking permission from the Selectmen to go back to the applications that were
received to select a new candidate.
The Selectmen agreed.
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DRAFT MINUTES of the Selectmen’s Meeting 3/10/14
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D. Policies – Town Facilities Use & Alcohol Use
Town Administrator Michael Magnant explained that Selectman Musselman had expressed his
concerns with the Town’s boards and committees compliance with the Right-to-Know Law. He also
expressed a concern that perhaps the Town should have a policy prohibiting the use of alcohol at Town
meetings and on Town property. The Board had adopted a policy back in 2009 or 2010. He has revised
the policy to include a section that states there will be no alcohol use during public meetings. The
prohibition of alcohol use did not fit neatly within the four corners of that policy. He continued that the
Police Chief had suggested some time ago that the Town have a Facilities Use Policy. Mr. Magnant
stated that he has created a second policy on the use of Town facilities by both Town and public bodies.
This includes a prohibition on the use and possession of alcohol. This is included in the Selectmen’s
package for review. In speaking with Selectman Jenness, she expressed an interest in having a straight
policy. He has created a third policy if there is not an interest in having the Facilities Policy. This
basically prohibits smoking and the consumption of alcohol during public meetings or on Town property.
He continued that at some point they should codify all the policies of the Selectmen over the years.
Selectman Musselman stated there are other towns in New Hampshire that have books with every policy
that has been adopted and amended. He continued that he thinks the revisions to the rules regarding
procedures for committees have two important revisions. One is that committee meetings will be noticed
and the Right-to-Know Law will be referenced. Committee meetings will also take place on Town
property.
Referring to the General Rules of Procedure Policy, Selectman Jenness noted that it does not apply to the
ZBA, Historic District Commission, Heritage Commission and the Conservation Commission. She
assumes that these groups will form their own Rules of Procedure. She asked if these should be
forwarded to the Town to be kept on file.
There was discussion on the boards and commissions having documented Rules of Procedure.
Mae Bradshaw, 106 Harbor Road, Heritage Commission Chair, stated that the Heritage Commission
has been following the rules that have applied to the other commissions.
Selectman Jenness explained that it should be in writing and noted somewhere.
Ms. Bradshaw asked how these policies would apply to the Heritage Commission.
Selectman Musselman stated that the Heritage Commission should adopt something like this. He pointed
out that these policies could be adopted by the commissions.
There was discussion on adding under 4C:
Maintain and update with the Town Clerk and Town website.
There was also discussion on maintaining attendance records for the meetings.
Ms. Bradshaw asked if this policy should be considered right now where there may be functions being
held upstairs that are income generating to help support the use of the hall. If there is a vote now it may
restrict what kind of business plan could be developed for the hall.
Selectman Musselman noted that the policy can always be changed.
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Chairman Mills stated that he feels there should be a drinking ban on the Town Hall.
Selectman Musselman stated that he does not think it is appropriate for Town Committees to have alcohol
at public meetings. He thinks it is better to have a policy that is clear and in place even if it may have to
be changed if there are social functions that are not sponsored by the Town of Rye in the great hall. Until
then, there should be a clear policy that alcohol is not allowed.
Victor Azzi, 1100 Old Ocean Blvd., asked if the Selectmen would share the policy. He also asked why
the ZBA would be excluded from the policy.
Selectman Musselman explained that the ZBA is governed under a specific State Statute and the
Selectmen cannot dictate their Rules of Procedure.
Selectman Musselman suggested that the policy be forwarded to each committee and the other entities.
He also suggested that the current proposal be modified per Selectman Jenness’s amendments. That
proposal and the alcohol/smoking policy should be sent out as a draft for input.
The Selectmen agreed.
VI.
CORRESPONDENCE
A. Email rec’d 1/20/14 from Brian Helfrich re: his resignation from the Rye Mosquito Control
Commission.
Motion by Craig Musselman to accept the resignation from Brian Helfrich from the Mosquito
Control Commission and send a letter thanking him for his service. Seconded by Priscilla Jenness.
All in favor.
B. Email rec’d 2/7/14 from Chris Vlangas of the Cystic Fibrosis Foundation requesting
permission to use the upper church parking lot as an arrest stop for cyclist on Saturday, 7/19
from 8:30 – 10:00 a.m.
Motion by Craig Musselman to table until an Event Permit Application is received. Seconded by
Priscilla Jenness. All in favor.
C. Letter rec’d 2/20/14 from Peter Crawford re: the upcoming Town Election and the ballot
casting procedure.
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(Please see above)
D. Email rec’d 2/24/14 from the Rye Farmer’s Market Committee re: adding a Rye Farmers’
Market page to the Town website instead of a link from the Rye Energy Committee page.
Motion by Craig Musselman to approve as requested. Seconded by Priscilla Jenness. All in favor.
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E. Letter rec’d 2/27/14 from Lisa Moll re: her resignation from the Rye Recycling Education
Committee.
Motion by Craig Musselman to accept the resignation of Lisa Moll from the Recycling Education
Committee and send a letter thanking her for her service. Seconded by Priscilla Jenness. All in
favor.
VII.
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NEW BUSINESS
None
VIII.
OLD BUSINESS
A. Chief Walsh – Event Permit Application: The Eastern States 20 Mile, Sunday, 3/30/14,
11:00 a.m. to 1:00 p.m., running race, to benefit Seacoast charities. (Motion required.)
Town Administrator Michael Magnant stated that the Chief has met with the coordinator. A new route
has been planned, which has been approved by the City of Portsmouth. One of the issues with the
previous route is the closing of the Sagamore Bridge. The new route will go through New Castle. Chief
Walsh is fine with the new route.
Motion by Priscilla Jenness to approve the event permit for The Eastern States 20 Mile for March
30, 2014, from 11:00 a.m. to 1:00 p.m. Seconded by Craig Musselman. All in favor.
B. Chief Walsh – LOCO Sports, Inc. wants to hold a marathon race to go through Rye on
October 26, 2014. He has some concerns and would like the request reviewed early.
(Motion required.)
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Postponed
C. Appointment to the Rye Mosquito Control Commission
1. Tom Aspinwall – Letter rec’d 1/30/14, request for appointment as a member of the
Rye Mosquito Control Commission.
2. Recommendation letter, rec’d 2/6/14 from Chair Ted Merritt to appoint Tom
Aspinwall as a member of the Rye Mosquito Control Commission.
Motion by Priscilla Jenness to appoint Tom Aspinwall to the Mosquito Control Commission to fill
Brian Helfrich’s term to April 2017. Seconded by Craig Musselman. All in favor.
D. Town Flag Designs
Selectman Jenness stated that there were designs by students and there were three designs by adults. She
continued that they do not know the criteria for the design requirements. There was nothing in writing
that stated the size, proportions or what the criteria was. The submissions are both from adult and
children. This is not a fair competition. As an art teacher, she is against contests. If there are 50
submissions, one winner is picked and there are 49 losers. That is no way to engender confidence in
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anybody. She stated that there were 64 submissions. In reviewing them, she was looking for a common
theme. In a number of them there is sea, land and sky. This shows up in design submission after design.
She stated that whatever is done is student inspired. Young people have been involved in this and they
have worked hard.
There was discussion on the designs that were submitted.
Selectman Jenness agreed to work on the design and get back to the Board at the next meeting.
IX.
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None
X.
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PUBLIC RECOGNITION
OTHER BUSINESS
Attorney Donovan will be holding a Right-to-Know Presentation on Wednesday, March 26th at
3:00 p.m., at the Public Safety Building.
XI.
NON-PUBLIC SESSION (1) per RSA 91-A:2, I (b) Collective Bargaining
(2) per RSA 91-A:3, II
On March 10, 2014 the Board of Selectmen will hold a nonpublic meeting pursuant to
RSA 91-A:3, II (a) [personnel matters], RSA 91-A:3, II (c) [reputation] and RSA 91-A:3,
II (d) [property acquisition] to review minutes of nonpublic sessions sealed on 01/06/14,
11/13/13, 5/04/12, 01/09/12 and 09/12/11.
At 8:36 p.m., Priscilla Jenness made a motion to go into Non-Public Session per RSA 91-A:2, I (b)
Collective Bargaining and RSA 91-A:3, II. Seconded by Craig Musselman.
Roll Call: Jenness – Yes, Musselman – Yes, Mills – Yes.
The Board came out of Non-Public Session at 9:15 p.m.
Motion by Joseph Mills to reseal the minutes of
January 6, 2014;
November 13, 2013;
May 14, 2012; and
September 12, 2011.
Seconded by Craig Musselman. All in favor.
Motion by Joseph Mills to unseal the minutes of
May 14, 2012 (A-2); and
January 9, 2012.
Seconded by Craig Musselman. All in favor.
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DRAFT MINUTES of the Selectmen’s Meeting 3/10/14
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Selectman Musselman stated that the six sealed minutes that were reviewed during Non-Public took the
Selectmen one half hour. There are 240 sets of sealed minutes. At that rate, it would be 20 hours of nonpublic meetings. He pointed out that the ones that were unsealed did not have much information.
ADJOURNMENT
Motion by Craig Musselman to adjourn at 9:17 p.m. Seconded by Priscilla Jenness. All in
favor.
Respectfully Submitted,
Dyana F. Ledger
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