REPORT OF THE ANNUAL TOWN MEETING
FOR THE TOWN OF RYE, NEW HAMPSHIRE
February 4, 2017
DELIBERATIVE SESSION
At 9:10 a.m. on the 4th day of February 2017 at the Junior High School gymnasium, Moderator
Eaton convened the meeting and led those in attendance in reciting the Pledge of Allegiance. He
thanked everyone for coming to the meeting.
Moderator Eaton continued the tradition of reading the list of our friends and neighbors who had
passed away during 2016. A moment of silence was observed in their memory.
Before he introduced the Town Officials on the stage, Moderator Eaton said he would like to say
a few words about a person who was conspicuous by his absence. He then said as follows: “As
many of you know, Joe Mills has been fighting health issues over the last several months, and he
is not running for re-election to the Board of Selectmen. Joe was first elected to the Board in 1992.
Before that, everyone in Town knew Joe as their mail carrier, and as a guy who was always ready
to talk with you, and listen to your concerns about the Town. In 1992, Joe did something
remarkable. He was elected to the Board of Selectmen as a write-in candidate, coming in first in
a field of 5. And he has won re-election every time since. In the 25 years that Joe has been a
Selectman, he has served our Town faithfully and diligently. As a Selectman, I don’t think he ever
missed a Deliberative Session or a Town Meeting before today. By my calculations, Joe has
attended over a thousand Selectmen’s meetings. And that’s just the tip of the iceberg – Board
meetings represent a small fraction of the work selectmen do, work that goes mostly unnoticed.
Now there are probably a few people here who have disagreed with Joe over the years, or have
been on the glowing end of a cigar thrust in in their direction. But I think we can all agree that Joe
Mills passionately represents the interests of the Town he loves. I regret that he cannot be here
with us today, sitting on the stage for his last Deliberative Session as a Selectman. Nonetheless, I
think it is important that we recognize him, today, for all that he has done for the people of Rye,
by standing, and applauding him.”
Moderator Eaton continued by introducing Town Clerk/Tax Collector Donna DeCotis, Town
Counsel Michael Donovan, Selectman Priscilla Jenness, Selectmen Craig Musselman (Acting
Chair), Finance Director/Assistant Town Administrator Cyndi Gillespie and Town Administrator
Michael Magnant. He then introduced the candidates running for both town and school offices.
He invited those in attendance to Candidates’ Night on March 9th, at 7:00 p.m. at the Rye Public
Library. He advised that the town and school election will be held on Tuesday, March 14th from
8:00 a.m. until 7:00 p.m. at the Rye Elementary School. In addition, he encouraged all to attend
the School Deliberative Session on Wednesday, February 8rd at 6:30 p.m. at the Jr. High School.
Moderator Eaton then read the Moderator’s Rules:
1. Meeting Purpose. The purpose of this meeting is to discuss and debate the articles on
the town warrant. However, because Rye has adopted the SB2 Deliberative Session form of
government, this meeting may not exclude articles from the ballot. Up or down voting on an article
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only occurs at the March election. Nonetheless, you may amend most articles to change how they
appear on the ballot.
2. Moderator’s Rules. By state law, the Moderator sets the rules and procedures of the
meeting. I won’t follow Robert’s Rules of Order or any other complicated rules of parliamentary
procedure. Instead, we will follow my rules. I may not run a perfect meeting, but I will do my
best to run a fair meeting. Ultimately though, this is your meeting. By majority vote, you can
change my rules, or overrule any decision I make.
3. Procedure. I will read each article in the order that it appears on the warrant, unless
somebody moves to take an article out of order. After reading an article, I will ask for a motion to
move it to the floor for debate. Like all motions, it must be seconded. I will then recognize the
article’s sponsor. After that, everyone here is invited to speak. If you want to speak to an article,
line up behind the microphone. When it’s your turn, introduce yourself by name and street address.
I will recognize all people who want to speak to an article before I permit someone to speak a
second time. Please address all comments to me, not to other people here.
In the past, I have not set a time limit for speaking, but have asked you to use your common
sense. I realize that what constitutes a reasonable amount of time may differ depending on the
subject matter, so I still am not setting a hard and fast time limit. However, I ask you to try to say
what you need to say in 3 or 4 minutes, or less. And if I ask you to wrap it up, that means I’m
giving you one minute to wrap it up, after which I will ask you, as politely as possible, to sit down.
I also remind you that we are here in the spirit of fair debate. Some of you may feel very
passionate about some of the articles on the warrant today. However, I urge you not to let
your passion get the better of you – I expect everybody to be civil and courteous, not to raise
their voices, and to avoid bitterness. I will not permit personal attacks against people or their
motives. When there is no more discussion on an article, I will order it to be placed on the ballot,
either as written or as amended.
4. Amendments. Any registered voter can move to amend an article. All amendments
must be in writing, unless they are very simple. I will read the amendment, and then open the
floor for discussion. When you are ready to vote, I will restate the amendment. There are 5 limits
to amendments. 1st, articles whose words are prescribed by law may not be amended. 2nd, to avoid
confusion, I will not permit amendments to amendments before the original amendment is voted
on. 3rd, an amendment may not add a new subject. 4th, you cannot increase the budget, including
warrant articles, by more than 10% (unless an article uses specific language seeking to override
the 10% limitation). Finally, amendments cannot eliminate an article’s subject matter. This
means that you cannot amend an article to delete all but a few words of the text. Election day
voters must be able to determine what the article is about. However, the New Hampshire Supreme
Court ruled, less than a month ago, that you can amend an article to change its intent or
purpose. Also, changing the dollar amount of an appropriation does not eliminate its subject
matter.
5. Voting. If you haven’t already done it, check in at the clerk’s table, get a bright yellow
voting card, and sign it. To vote, I will ask you to raise your card. I will only vote if my vote will
break or create a tie. We will vote by secret ballot if, before voting on an article, 5 voters present
sign a written request for a secret ballot.
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6. Recounts / Questioning a Vote. A recount will be taken of non-secret ballot votes if
7 voters, either orally or in writing, make such a request. Such recounts will be conducted by
secret ballot. The recount of a secret ballot will be taken on the request of 5 voters.
7. Reconsideration. Any voter can move to reconsider a vote. You do not need to have
been in the majority to make such a motion. However, I will not permit multiple motions to
reconsider.
8. Restricting Reconsideration. You may also move to restrict reconsideration of an
article. Such a motion may be made after I order an article to be placed on the ballot. It is not
debatable. If the motion carries, this meeting may not reconsider that article later.
9. Calling the Question. This is the same as moving to end debate. This motion is not
debatable. It requires a two-thirds majority to pass. If the question is called, I will let the person
who is speaking finish before I call for a vote. Even if you are in line, have your hand up, or think
I nodded at you, you may not speak unless the motion to call the question is defeated. It will be
up to you to decide whether there is to be further discussion on the article. And don’t hesitate to
ask for a point of order if you think my math is wrong.
10. Non-Voters Who Wish to Speak. Sometimes a person who is not a registered Rye
voter may wish to speak. I will ask if there is any objection. If nobody objects, I will permit that
person to speak. If there is an objection, I will call for a vote. The will of the majority will prevail.
However, I will allow Town department heads who do not live in Rye to speak to issues relating
to their departments.
11. Your Meeting. I remind you that this is your meeting. You may appeal any ruling I
make, and I will entertain any motion that is made.
Articles 1 and 2 simply invite you to vote in the election on March 14th – there is nothing
to discuss or debate. Article 3 relates to 7 amendments to the Rye Zoning Ordinance. Article 4
relates to an amendment to the Rye Building Code, and Article 5 relates to an amendment to both
the Zoning Ordinance and the Building Code. All of the amendments proposed in Articles 3, 4
and 5 are recommended by the Planning Board. Traditionally, such amendments have not been
discussed at the Deliberative Session because, by law, they cannot be amended – they must appear
on the ballot as written. However, you have the right to discuss them if you want to. In the past,
when I invited you to do that, you have voted not to. So, if somebody wants to make a motion to
discuss any of the amendments in Articles 3, 4 and 5, now is the time to do it.
Mr. Crawford moved to discuss Articles 3, 4, and 5. Seconded by Mr. Marion. There being no
discussion on the motion, Moderator Eaton call for a vote. The motion failed.
Mr. Drake moved to take Articles 7, 24, 30, and 34 out of order so that they could be discussed
consecutively after Article 6, since they all have to do with Town Hall. Seconded by Selectman
Musselman. There being no discussion, Moderator Eaton called for a vote. The motion passed.
Moderator Eaton read Article 6.
ARTICLE 6. Passage of this article shall override the 10 percent limitation imposed on this
appropriation due to the non-recommendation of the Budget Committee. To see if the Town
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will raise and appropriate the sum of three million three hundred eighty-six thousand seven
hundred fifty-two dollars ($3,386,752), gross budget, for the purpose of constructing a new
Town Hall office building similar in exterior design and on the same site of the existing
Town Hall Building, along with equipment and furnishings, and authorize the borrowing of
up to three million three hundred eighty-six thousand seven hundred fifty-two dollars
($3,386,752) through the issuance of not more than three million three hundred eighty-six
thousand seven hundred fifty-two dollars ($3,386,752) of bonds or notes in accordance with
the provisions of the Municipal Finance Act (N.H. RSA Chapter 33 as amended) and to
authorize the Selectmen to issue and negotiate such bonds or notes, to determine the rate of
interest thereof, and to take such actions as may be necessary to effect the insurance,
negotiation, sale and delivery of such bonds or notes as shall be in the best interest of the
Town of Rye, and further, to apply for and accept and expend Federal and State Grants and
any private donations towards this purpose. (3/5) ballot vote required.)
This article is recommended by the Selectmen (2-0)
This article is not recommended by the Budget Committee. (6-3)
It was moved by Selectman Musselman and seconded by Selectman Jenness to place Article 6 on
the floor for discussion.
Steve Borne asked Town Counsel Donovan for his opinion on the petitioned articles so the
petitioners could decide whether they wanted to make amendments. Moderator Eaton stated that
he couldn’t force anyone to speak if they chose not to. Mr. Donovan said he did not give any
opinions on town hall articles except on Article 7 regarding the insertion of the first sentence on
the budget override.
Selectman Musselman stated that this article is the first of five warrant articles on the town hall.
This is a Bond Article and has certain limitations on how it can be amended. Ordinarily, the
Town can’t implement a budget that exceeds the Budget Committee’s recommended budget by
more than 10%. Because the Budget Committee does not approve this article, the first line in
Article 6 was changed by the Board of Selectmen at a meeting in late January to allow the Town
to override the 10% limitation. The same issue applies to Article 7. Selectman Musselman
stated that the language speaks for itself. He also stated that all these articles have many
different opinions; but this is your meeting. The main objective today is to set out how you want
these warrant articles to appear on the ballot.
Shawn Crapo and Frank Drake expressed concerns about the 10% limitation.
Selectman Musselman said he understood that the borrowing occurs regardless of any cap limit.
Mr. Crapo stated that part of the reason this article was voted against by the Budget Committee is
because of the unlimited cap and inappropriate numbers. He is opposed to Articles 6 and 7.
Mr. Musselman stated that there is a maximum amount of money that can be spent pursuant to
Articles 6 and 7, unless there is another vote at Town Meeting to authorize more funds; so there
is not an unlimited cap.
Mr. Drake asked what the 10% limitation means. Moderator Eaton stated that the Town cannot
pass a budget that is more than 10% over what the Budget Committee recommended, including
warrant articles. If the town passes a budget of more than 110% of the Budget Committee’s
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recommendation, the Department of Revenue Administration will go down the ballot in order
and disallow any appropriations after the 110% limit is hit. Town Counsel Donovan affirmed
that this limitation comes right out of the statute.
Richard Hayden suggested that we have the five articles regarding town hall placed together with
an explanatory note so the voters will understand them. Town Counsel Donovan said the
Deliberative Session could amend articles but cannot change the order that articles appear on the
ballot.
Steve Borne made an Advisory Motion to ask the Selectmen to consider placing all the Town
Hall articles consecutively on the ballot as suggested by Mr. Hayden. Mr. Marion seconded the
motion. Selectman Musselman said Town Counsel Donovan said the Selectmen have no choice
on the order in which the articles appear on the ballot. Town Counsel Donovan affirmed that the
warrant has been done and posted. Moderator Eaton said that it was an Advisory Motion and
saw no problem taking a vote.
Ms. Gillespie affirmed that there are certain ways that articles are put on the warrant and the way
they have to be seen. They were already submitted to the Department of Revenue
Administration. She did suggest doing a poster explaining the different articles, but said we
couldn’t change the order of the articles on the ballot. Selectman Musselman suggested that, in
the newsletter that goes out to all residents in Rye, we treat them all the same so residents can
use this as a guide.
Mr. Jarvis suggested we put a statement on the ballot that Articles 6, 7, 24, 30 and 34 all have to
do with Town Hall. Moderator Eaton said that was a little different than the motion on the floor.
Shawn Crapo called the question on Mr. Borne’s advisory motion. Moderator Eaton said this
was a motion to end debate and was not debatable, and called for a vote on the motion. The
motion passed. Moderator Eaton called for a vote on Mr. Borne’s Advisory Motion. The
Advisory Motion passed by a vote of 52 to 49.
Selectman Musselman called the question. Moderator Eaton called for a vote on the motion to
end debate on Article 6. The motion passed.
Moderator Eaton ordered Article 6 to be placed on the ballot as written.
Moderator Eaton read Article 7.
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ARTICLE 07. (By Petition) To see if the Town of Rye will vote to authorize the Rye
Selectmen
to raise and appropriate the sum of $3,200,000 gross budget for the purpose of renovating
the Rye Town Hall 1839 building with due consideration of the historical features
to construct pursuant to Option 1-Historic Renovation submitted by Hutter Corporation on
December 8, 2016
to authorize the borrowing of up to $3,200,000 through the issuance of not more than
$3,200,000 of bonds or notes in accordance with the provisions of the Municipal Finance
Act (N.H. RSA Chapter 33 as amended)
to authorize the Selectmen to issue and negotiate such bonds or notes, to determine the rate
of interest thereon, and to take such actions as may be necessary to effect the issuance,
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negotiation, sale and delivery of such bonds or notes as shall be in the best interest of the
Town of Rye,
 to apply for and accept and expend Federal and State Grants and any private donations
toward this purpose, and
 to direct the Selectmen to authorize the pursuit of available grants to help defray the cost
of renovation.
Rye Town Hall is listed on the New Hampshire State Register of Historic Places and was
designated as one of the Seven to Save Endangered Historic Properties for 2015 by the
New Hampshire Preservation Alliance.
(3/5 Ballot vote required.) This appropriation is in addition to the operating budget.
This article is not recommended by the Selectmen (2-0)
This article is not recommended by the Budget Committee. (7-1)
Mr. Crapo asked for a point of order, saying Moderator Eaton read the wrong dollar amount.
Moderator Eaton apologized and said that the dollar amount was $3,200,000.
Article 7 was moved to the floor for discussion by Ms. Bradshaw. Seconded by Mr. Crawford.
Selectman Jenness offered a motion to amend. Moderator Eaton suggested she wait until Ms.
Bradshaw explained Article 7. Ms. Bradshaw said that since the Budget Committee did not
approve this article, a motion to amend Article 7 was necessary to overcome the 10% limitation.
Mrs. Jenness stated that, to make the article legal, she was making a motion to amend Article 7
by adding the following sentence at the beginning of the article: “Passage of this article shall
override the 10 percent limitation imposed on this appropriation due to the non-recommendation
of the Budget Committee.” Selectman Musselman seconded the motion. Moderator Eaton said
this was a motion of the governing body.
There being no further discussion, Moderator Eaton called for a vote. The amendment passed.
Ms. Bradshaw talked about the space needs of the Town Hall. The Town Hall is approximately
6,500 square feet and the Town’s space needs are about 8,000 square feet. It is not ADA
compliant. The building is on the state registry of historic buildings, which entitles us to grants
and public resources to restore it. The Preservation Alliance is interested in this project and they
will accommodate us. This is a good sound building, structure, and foundation; with some
adjustments to the south wall and heating. The building is not replaceable and is living history.
Ms. Grote expressed concern as to whether we can get grant money. Ms. Bradshaw said that
David Choate, a Board Member of the NH Preservation Alliance, could speak to that issue. Mr.
Choate stated grants are available through the NH Preservation Alliance, Moose Plates and
private funding. Renovations maintain the integrity of the building. Next we would need an
architect on building preservation.
Mr. Herlihy and Ms. Patrick-Chalfant spoke in favor of preserving the building. Mr. Jarvis said
his heart is for preservation but employees of the town need efficiencies. Ms. Erlebacher stated
that the article does not include windows.
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Mr. Marion moved to end debate on Article 7. Moderator Eaton called for a vote on the motion
to end debate. The motion passed.
Moderator Eaton ordered Article 7 to be placed on the ballot as amended.
Selectman Musselman moved to restrict reconsideration of Articles 6 and 7. Seconded by
Brian Murphy. Moderator Eaton called for a vote. The motion passed. Moderator Eaton ruled
that reconsideration of Articles 6 and 7 was restricted.
Moderator Eaton read Article 24.
ARTICLE 24. To see if the voters authorize the Board of Selectmen to move forward
with the Town Hall option that receives the most votes in the event Warrant Articles 6 and
7 both receive 3/5 majority vote or greater.
This article is recommended by the Selectmen (2-0)
Article 24 was moved to the floor for discussion by Selectman Musselman. His motion was
seconded by Selectman Jenness.
Selectman Musselman moved to amend Article 24 to read to add the word “will” in the first
sentence of the article between the words “voters” and “authorize”. Seconded by Selectman
Jenness. There being no further discussion on the motion to amend Article 24, Moderator Eaton
called for a vote. The amendment passed.
Selectman Musselman said the purpose of this article was to clarify for voters what would be
done if both Articles 6 and 7 pass – the article with the most votes would be implemented. This
article lets the voters make that decision instead of the Board of Selectmen.
Mr. Drake said voters could also vote to implement Article 34.
Mr. Crapo moved to table Article 24 until after Articles 30 and 34 are discussed. Seconded by
Ms. Grote. Moderator Eaton called for a vote. The motion passed. Article 24 was tabled.
Moderator Eaton read Article 30.
ARTICLE 30. (By Petition) Should Article 6 and Article 7 fail to pass, shall the town
vote to raise and appropriate an amount not to exceed five hundred thousand dollars
($500,000) to repair and refurbish the exterior of the historic Rye Town Hall, to provide
handicapped access and facilities, to replace and restore windows as appropriate, and
improve the energy efficiency, while taking into consideration the impact of twenty-first
century technology on space needs.
This article is not recommended by the Selectmen (2-0)
This article is not recommended by the Budget Committee. (7-1)
Article 30 was moved to the floor for discussion by Dr. Dibble. Seconded by Mr. Crawford.
Dr. Dibble said that preservation makes good economic sense. He described the best way of
spending $500,000 and having monies left over for other expenditures. Dr. Dibble talked about
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the concerns about the building and space needs. There is no bond required in this proposal.
Therefore, the article would pass if it receives over 50% of the vote. He stated that the building
is sound and there is no need to do a total reconstruction.
Dr. Dibble moved to amend Article 30 by inserting the following language at the end of the
article: “In the event that the Board of Selectmen should determine that it is impossible within
the funds appropriated herein, to accomplish all of the purposes of this warrant article, they shall
nevertheless proceed, prioritizing the spending in such fashion as shall be most economical and
consistent with the goals established by this warrant article.” Ms. Erlebacher seconded the
motion.
There being no further discussion on the motion, Moderator Eaton called for a vote. The motion
passed.
Selectman Musselman moved to amend Article 30 to add the following language after the
words “restore windows as appropriate,”: “to provide adequate space for town hall employees,”.
Selectman Jenness seconded the motion.
Mr. Crawford expressed concern that if different building codes kick in, such as ADA
compliance and structural codes, the cost of repairing the building could go up. Mr. Borne said
he was not in favor of the motion. Ms. Erlebacher said she was concerned about what people
wanted. Jeffrey Quinn was concerned about the needs and wants of employees who have to
work and conduct business.
Ms. Grote moved to amend Mr. Musselman’s motion by adding the words “without expanding
the existing footprint” to the end of the language in his amendment.
Moderator Eaton stated that his rules bar amendents to amendments, but that he would accept a
friendly amendment. Selectmen Musselman and Jenness said they would accept Ms. Grote’s
language as a friendly amendment.
Mr. Marion asked if Selectman Musselman would accept as a friendly amendment that the
building be ADA compliant. Mr. Musselman said that he would not. He continued that, if the
article passes, they might have to make the building ADA compliant, or they might find that they
only have to provide ADA compliance to the lower floor and not the upper floor. The Selectmen
need help from an architect and a construction cost estimator on some of those issues.
The question was called on Selectman Musselman’s motion to amend. Moderator Eaton called
for a vote on the motion to end debate. The motion passed. Moderator Eaton called for a vote
on the motion to amend. The motion passed.
David Kohlhase, Frank Drake, Bret Mulvey, and Ray Jarvis asked questions as to what happens
if multiple Town Hall articles pass.
The question was called to end debate on Article 30. Moderator Eaton called for a vote. The
motion passed.
Moderator Eaton ordered Article 30 to appear on ballot as amended.
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Brian Murphy suggested that we not restrict reconsideration of Article 30 until we discuss
Article 34. Mr. Drake agreed.
Moderator Eaton read Article 34.
ARTICLE 34. (By Petition) Option three for the Town Hall. This will be for a design
and further study for a New Town Hall based upon a New England design. There is no
cost to the Town or the taxpayer; design work will be donated by John Loftus. The belief
is, that a better design can be brought forward then proposed by Hutter and that the cost
will be less. Design will be based around a full basement, 3 stories, a smaller footprint
then Hutter’s design, an envelope similar to the existing Town Hall, energy efficiency, and
low cost maintenance. Care will be taken to reflect the historical significance, and location,
of the existing site. One vendor has already volunteered to sell to the town at cost, and we
may expect others to donate time or pricing advantages. This proposal also allows
competitive bidding, and further vetting, as opposed to the 3.3 million dollar proposal.
This article is not recommended by the Selectmen (2-0)
Article 34 was moved to the floor for discussion by Anne Malpass. Seconded by Randy Crapo.
Moderator Eaton asked if John Loftus would like to speak to Article 34. Joe Tucker spoke on
Mr. Loftus’s behalf and gave a little background on his education, business, work credentials and
accomplishments. Being a resident of Rye, Mr. Loftus has served on many committees in town.
Mr. Tucker said many local contractors are in favor of this article.
Mr. Loftus said that, whether the building is old or new, his main goal is to get the best value and
use of the historic site. He wants to amend Article 34 because he has obtained a licensed
architect to assist him. His plan is to have competitive bidding and a website for residents. Mr.
Loftus proposed a smaller footprint, 3 floors instead of 2, a full basement for mechanical and
electrical systems, and a flexible layout. Renovations of old buildings, he said, always cost more
than anticipated.
Mr. Drake moved to amend Article 34 by (1) inserting at the end of the third sentence, after
“John Loftus”, the following words: “who has retained the architectural firm of Robert A.
Schaeffer & David M. White, both licensed in the State of New Hampshire and who will be
assisting in the conceptual design”, and (2) inserting at the end of the third sentence, before the
words “design work”, the word “conceptual”. The motion was seconded by Mr. Tucker. Town
Counsel Donovan asked Mr. Drake if he would be okay with taking the capital letters out of the
motion. Mr. Drake said yes. Mr. Tucker agreed. Mr. Borne asked that all warrant articles be
consistent in the use of capital letters.
The question was called on the Drake amendment to Article 34. Moderator Eaton called for a
vote. The motion passed. Moderator Eaton called for a vote on the motion to amend. The
motion passed.
Ms. Erlebacher moved to amend Article 34 because we don’t know what it is going to cost. Her
amendment would add the following sentence to the end of the article: “Approval of this article
does not commit the town to implementing the final design.” Seconded by Mr. Crawford. Mr.
Quinn thought the amendment was superfluous. Mr. Loftus agreed.
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Mr. Marion called the question on Ms. Erlebacher’s motion. Moderator Eaton called for a vote.
The motion passed. Moderator Eaton called for a vote on the motion to amend. The motion
failed.
Mr. Borne moved to amend Article 34 by adding the following sentence to the end of the
article: “Engage with NH Listens to help achieve community consensus.” New Hampshire
Listens is an organization that helps towns when they are at a crossroads. Seconded by Mr.
Crawford.
Mr. Marion stated that we need a design first, then we can engage the community. Mr. Drake
opposed Mr. Borne’s amendment.
Ms. Holway called the question on the motion. Moderator Eaton called for a vote. The motion
passed. Moderator Eaton called for a vote on the motion to amend. The motion failed.
Shawn Crapo called the question on Article 34. Seconded by Mr. Marion. Moderator Eaton
called for a vote. The motion to end debate passed.
Moderator Eaton ordered Article 34 to appear on the ballot as amended.
Selectmen Musselman moved to restrict reconsideration on Articles 30 and 34. Seconded by
Randy Crapo. Moderator Eaton called for a vote. The motion passed. Moderator Eaton ordered
that reconsideration of Articles 30 and 34 be restricted.
Moderator Eaton asked if there was a motion to take Article 24 off the table. Mr. Marion so
moved. Seconded by Shawn Crapo. Moderator Eaton called for a vote. The motion passed.
Article 24 was removed from the table.
Mr. Hayden moved to amend Article 24 in its entirety and replace it with the following
language: “To see if the voters will authorize the Board of Selectmen to move forward with the
Town Hall option that receives the most votes. In the event warrant articles more than one of the
Town Hall Articles (Articles 6, 7, 30, and 34) pass.” Seconded by Mr. Murphy.
Town Counsel Donovan said this amendment was confusing. Mr. Marion, Mr. Crawford, and
Selectman Musselman opposed the amendment.
Mr. Murphy called the question on the amendment. Moderator Eaton re-read the amendment,
and then called for a vote. The motion to end debate passed. Moderator Eaton called for a vote
on the motion to amend. The motion failed.
Jane Ireland called the question on Article 24.
Moderator Eaton allowed Shawn Crapo to speak because he had put him off earlier. Mr. Crapo
moved to amend Article 34 by inserting the following words at the end of the article: “To
require the Selectmen to solicit additional vendors and bids.” Seconded by Mr. Marion.
Selectman Musselman encouraged the meeting to reject this amendment.
Randy Crapo asked whether the Selectmen would reconsider their recommendations attached to
articles with respect to articles that had been amended. Selectman Musselman said that at the end
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of the Deliberative Session the Selectmen will meet and decide whether to change any of their
recommendations.
Mr. Marion spoke in support of the amendment. Mr. Loftus said it was best to leave the article
alone.
Hearing no further discussion, Moderator Eaton called for a vote on Mr. Crapo’s motion to
amend. The motion failed.
Jane Ireland again called the question to end debate on Article 24. Moderator Eaton re-read
Article 24 as amended: “To see if the voters will authorize the Board of Selectmen to move
forward with the Town Hall option that receives the most votes in the event Warrant Articles 6 &
7 both receive 3/5 majority vote or greater.” He then called for a vote. The motion to end debate
passed.
Moderator Eaton ordered Article 24 to appear on the ballot as amended.
Shawn Crapo moved to restrict reconsideration of Article 24. Seconded by Ms. Bradshaw.
Moderator Eaton called for a vote. The motion passed. Moderator Eaton ruled that
reconsideration of Article 24 was restricted.
Moderator Eaton read Article 8.
ARTICLE 8. Shall the Town raise and appropriate as an operating budget, not including
appropriations by special warrant articles and other appropriations voted separately, the
amounts set forth on the budget posted with the warrant or as amended by vote of the first
session, for the purposes set forth therein totaling nine million four hundred thirteen
thousand nine hundred fifty-two dollars ($9,413,952)? Should this article be defeated, the
default budget shall be eight million eight hundred forty thousand three hundred thirty-six
dollars ($8,840,336) which is the same as last year, with certain adjustments required by
previous action of the Town or by law; or the governing body may hold one special
meeting, in accordance with RSA 40:13, X and XVI, to take up the issue of a revised
operating budget only. (Majority vote required.)
NOTE: This operating budget warrant article does not include appropriations in any
other warrant articles.
This article is recommended by the Selectmen (2-0)
This article is recommended by the Budget Committee. (8-0)
Article 8 was moved to the floor for discussion by Selectman Musselman. Seconded by
Selectman Jenness.
Selectman Musselman stated that the Selectmen and Budget Committee have gone over the
Operating Budget line by line through the departments. They reduced department head requests
by $126,000. The Capital Budget is up 2.85% from the prior year. The Default Budget would
be about $570,000 less than the Operating Budget.
Mr. Crawford moved to amend Article 8. He said this is a big year for tax increases. He
examined the Town budget, with particular attention to the Red Mill Lane culverts. He moved
to reduce the budget by $110,000, and to reduce account 4902 by the same amount. He thought
11
that issues regarding the culverts should have been brought to the voters in a warrant article, and
that it was improper to use money that was appropriated for that purpose last year, but not used.
Seconded by Victor Azzi.
Town Counsel Donovan advised, after reviewing the matter with the Town’s auditors, that the
funds appropriated for the Red Mill Lane culverts were properly encumbered. Selectman
Musselman spoke about the Red Mill Lane culverts and the reasons why we have to do a bridge.
Selectman Musselman opposed Mr. Crawford’s amendment.
Hearing no further discussion on Mr. Crawford’s motion to amend Article 8, Moderator Eaton
called for a vote. The motion failed.
Shawn Crapo moved the question to end discussion on Article 8. Moderator Eaton called for a
vote. The motion passed.
Moderator Eaton ordered Article 8 to appear on the ballot as written.
Shawn Crapo moved to restrict reconsideration of Article 8. Seconded by Selectman
Musselman. Moderator Eaton called for a vote. The motion passed. Moderator Eaton ordered
that reconsideration of Article 8 was restricted.
Moderator Eaton read Article 9.
ARTICLE 9. To see if the Town will vote to raise and appropriate the sum of one hundred
seventy-five thousand dollars ($175,000) to purchase a new truck with plows and material
spreader to replace a 2004 six wheel dump truck and authorize the withdrawal of one
hundred seventy-five thousand dollars ($175,000) from the Highway Heavy Equipment
Capital Reserve Fund created in 1994 for this purpose. This appropriation is in addition to
the operating budget. This article has no current tax impact. (Majority vote required.)
This article is recommended by the Selectmen (2-0)
This article is recommended by the Budget Committee. (10-0)
Article 9 was moved to the floor for discussion by Selectman Jenness. Seconded by Selectman
Musselman.
Selectman Jenness moved to amend Article 9 to reduce the amount being appropriated from
$175,000 to $170,000. The Highway Reserve Fund has a balance of $171,163 which is more
than the amount being requested. Passage of this article would have no effect on the tax rate.
Selectman Musselman seconded the motion.
There being no further discussion on the motion to amend, Moderator Eaton called for a vote.
The motion passed.
Mr. Crawford asked how we can get better life out of our vehicles. Public Works Director
McCarthy said that the equipment is well oiled and washed after every storm.
There being no further discussion, Moderator Eaton ordered Article 9 to appear on the ballot
as amended.
12
Moderator Eaton read Article 10.
ARTICLE 10. To see if the Town will vote to raise and appropriate the sum of one
hundred twenty-five thousand dollars ($125,000) for the reconstruction and paving of
Shoals View Drive, a town maintained road, between Parsons Road and Ocean Boulevard,
a distance of approximately 500 linear feet. Sum to include engineering services for design,
bidding and inspection. This appropriation is in addition to the operating budget. (Majority
vote required.)
This article is recommended by the Selectmen (2-0)
This article is recommended by the Budget Committee. (10-0)
Article 10 was moved to the floor for discussion by Selectman Musselman. Seconded by
Selectman Jenness.
Selectman Musselman said Shoals View Drive is a short gravel road that was tarred, but never
paved. It is a heavily used road with lots of dust. For that reason, the Selectmen would like to
pave the road, but felt that it was something the voters should decide.
Hearing no further discussion, Moderator Eaton ordered Article 10 placed on the ballot as
written.
Moderator Eaton read Article 11.
ARTICLE 11. To see if the Town of Rye will vote to approve the cost items included in
the Collective Bargaining Agreement reached between the Town of Rye Board of
Selectmen and the Rye Town Employees Association affiliated with the Teamsters Local
633 of New Hampshire, which calls for the following increases in salaries and benefits at
the current staffing level:
Year
Estimated Range of Increase over prior Year
2017 (9 mos. at 2.5%)
2018 (12 mos.)
2019 (12 mos.)
$17,153
Base 2%
Max 3.5%
$18,618
$18,230
$24,481
$28,068
The range in years 2018 and 2019 is a minimum and maximum amount
Determined by Cost of Living Adjustments (COLA).
And further, to raise and appropriate the sum of $17,153 for the 2017 fiscal year, such sum
representing additional costs attributable to the increase in salaries and benefits required
by the new agreement over those that would be paid at current staffing levels in accordance
with the most recent collective bargaining agreement. This appropriation is in addition to
the operating budget. Majority vote required.
This article is recommended by the Selectmen (2-0)
This article is recommended by the Budget Committee. (7-1)
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Moderator Eaton said that this article involves a collective bargaining agreement and, by law,
cannot be amended.
Article 11 was moved to the floor for discussion by Selectman Musselman. Seconded by
Selectman Jenness.
Selectman Musselman said that this is the first of three contracts – Town employees, police and
firefighters. A negotiated agreement was reached that includes a 2.5% raise in 2017, with raises
ranging between 2% and 3.5% in 2018 and 2019. This is consistent with wage growth
nationally. Health coverage this year is about $50,000. The agreement was negotiated by Mr.
Magnant, Ms. Gillespie, and Labor Attorney Tom Clausen.
Mr. Epply questioned whether some of the figures in the article were correct.
Selectman Musselman moved to table Article 11 while they checked to make sure the figures
are correct. Seconded by Selectman Jenness. Selectman Musselman amended his motion to
table to include Articles 11 through 16 since they all involved the same issue. Seconded by
Selectman Jenness. Moderator Eaton called for a vote. The motion passed. Articles 11 through
16 were tabled.
Moderator Eaton read Article 17.
ARTICLE 17. To see if the Town will vote to raise and appropriate the sum of one
hundred thousand dollars ($100,000) to be added to the Fire Truck Capital Reserve Fund
established by Town vote in 1965. This appropriation is in addition to the operating budget.
(Majority vote required.)
This article is recommended by the Selectmen (2-0)
This article is recommended by the Budget Committee. (10-0)
Article 17 was moved to the floor for discussion by Selectman Jenness. Seconded by Selectman
Musselman.
Selectman Jenness noted that there is approximately $254,508 in the Fire Truck Capital Reserve
Fund. Approval of this article would add 5.4 cents to the tax rate.
Mr. Crawford felt that this was not enough money. Mr. Jarvis asked whether buying a used fire
truck was considered. Chief Lambert responded that the right used truck was not available.
Certain trucks have to be unique to the environment they are being used in.
Mr. Borne said we have good firemen and need good equipment.
Mr. Murphy called the question. Moderator Eaton called for a vote on the motion to end debate
on Article 17. The motion passed.
Moderator Eaton ordered Article 17 to appear on the ballot as written.
Selectman Musselman moved to take Articles 11 through 16 off the table. Seconded by
Selectman Jenness. Moderator Eaton called for a vote. The motion passed. Articles 11 through
16 were taken off the table.
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In reply to Mr. Epply’s question, Ms. Gillespie said that the 2017 raise is lower than 2018’s
because a step increase comes into play. Also, in the other articles there is less education in year
one than year two. Selectman Musselman and Ms. Gillespie stated that the first year education is
for one person, the second year is for three people, and the third year is for one person. Also,
one year has 52 weeks and another has 53 weeks. Other factors include insurance and different
member involvement.
There being no further discussion, Moderator Eaton ordered Article 11 appears on ballot as
written.
Moderator Eaton read Article 12.
ARTICLE 12. Shall the Town of Rye, if Article 11 is defeated, authorize the Board of
Selectmen to call one special meeting, at its option, to address Article 11 cost items only?
This article is recommended by the Selectmen (2-0)
Article 12 was moved to the floor for discussion by Selectman Musselman. Seconded by
Selectman Jenness.
Selectman Musselman said this Article speaks for itself.
There being no further discussion, Moderator Eaton ordered Article 12 to appear on the
ballot as written.
Moderator Eaton read Article 13.
ARTICLE 13. To see if the Town of Rye will vote to approve the cost items included in
the Collective Bargaining Agreement reached between the Town of Rye Board of
Selectmen and the Professional Fire Fighters Association of Rye affiliated with the
International Association of Fire Fighters IAFF Local #4411, which calls for the following
increases in salaries and benefits at the current staffing level:
Year
2017 (9 mos. at 2.5%)
2018 (12 mos.)
2019 (12 mos.)
Estimated Range of Increase over prior Year
$30,170
Base 2%
Max 3.5%
$35,653
$27,660
$44,605
$39,458
The range in years 2018 and 2019 is a minimum and maximum amount
Determined by Cost of Living Adjustments (COLA).
And further, to raise and appropriate the sum of $30,170 for the 2017 fiscal year, such sum
representing additional costs attributable to the increase in salaries and benefits required
by the new agreement over those that would be paid at current staffing levels in accordance
15
with the most recent collective bargaining agreement. This appropriation is in addition to
the operating budget. Majority vote required.
This article is recommended by the Selectmen (2-0)
This article is recommended by the Budget Committee (7-1)
Article 13 was moved to the floor for discussion by Selectman Musselman. Seconded by
Selectman Jenness.
Selectman Musselman said this article was for the Collective Bargaining Agreement with the
firefighters and was very similar to that for Town employees.
There being no further discussion, Moderator Eaton ordered Article 13 to appear on the
ballot as written.
Moderator Eaton read Article 14.
ARTICLE 14. Shall the Town of Rye, if Article 13 is defeated, authorize the Board of
Selectmen to call one special meeting, at its option, to address Article 13 cost items only?
This article is recommended by the Selectmen (2-0)
Article 14 was moved to the floor for discussion by Selectman Musselman. Seconded by
Selectman Jenness.
Selectman Musselman said this article speaks for itself.
There being no further discussion, Moderator Eaton ordered Article 14 to appear on the ballot as
written.
Moderator Eaton read Article 15.
ARTICLE 15. To see if the Town of Rye will vote to approve the cost items included in
the Collective Bargaining Agreement reached between the Town of Rye Board of
Selectmen and the Rye Police Association affiliated with the Teamsters Local 633 of New
Hampshire, which calls for the following increases in salaries and benefits at the current
staffing level:
Year
2017 (9 mos. at 2.5%)
2018 (12 mos.)
2019 (12 mos.)
Estimated Range of Increase over prior Year
$22,939
Base 2%
Max 3.5%
$22,335
$20,876
$28,207
$29,108
The range in years 2018 and 2019 is a minimum and maximum amount
Determined by Cost of Living Adjustments (COLA).
16
And further, to raise and appropriate the sum of $22,939 for the 2017 fiscal year, such sum
representing additional costs attributable to the increase in salaries and benefits required
by the new agreement over those that would be paid at current staffing levels in accordance
with the most recent collective bargaining agreement. This appropriation is in addition to
the operating budget. Majority vote required.
This article is recommended by the Selectmen (2-0)
This article is recommended by the Budget Committee. (7-1)
Article 15 was moved to the floor for discussion by Selectman Musselman. Seconded by
Selectman Jenness.
Selectman Musselman said this article was for the Collective Bargaining Agreement with the
police, and was very similar to the ones with the Town employees and the firefighters.
There being no further discussion, Moderator Eaton ordered Article 15 to appear on the
ballot as written.
Moderator Eaton read Article 16.
ARTICLE 16. Shall the Town of Rye, if Article 15 is defeated, authorize the Board of
Selectmen to call one special meeting, at its option, to address Article 15 cost items only?
This article is recommended by the Selectmen (2-0)
Article 16 was moved to the floor for discussion by Selectman Musselman. Seconded by
Selectman Jenness.
Selectman Musselman said this article speaks for itself.
There being no further discussion, Moderator Eaton ordered Article 16 to appear on the ballot as
written.
Shawn Crapo moved to restrict reconsideration of Article 9 through 17. Seconded by Mr.
Gould. Moderator Eaton called for a vote. The motion passed. Moderator Eaton ordered
reconsideration of Articles 9 through 17 restricted.
Moderator Eaton read Article 18.
ARTICLE 18. To see if the Town will vote to raise and appropriate the sum of eighty
thousand dollars ($80,000) to conduct preliminary planning, design and engineering for a
community center, of which forty thousand dollars ($40,000) will come from withdrawal
of funds from the Recreation Revolving Fund. The balance of forty thousand dollars
($40,000) is to come from general taxation. This appropriation is in addition to the
operating budget. (Majority vote required.)
This article is recommended by the Selectmen (2-0)
This article is recommended by the Budget Committee. (7-1)
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Article 18 was moved to the floor for discussion by Selectman Jenness. Seconded by Selectman
Musselman.
Selectman Jenness said this article asks taxpayers to approve $40,000 for preliminary work for a
community center. Another $40,000 will come from the Recreation Revolving Fund. The
Recreation program currently has approximately 1700 participants at 12 locations.
Gregg Mikolaities spoke about what the Recreation Department has and what it needs. The
Department is working out of modulars, bathrooms are in rough shape, there is a lack of storage,
and there are not enough facilities for residents, The over-55 luncheon is held in the church. The
$40,000 will be used to build a storage facility and come up with plans for a community center
for ages 4 to 94.
Mr. Crapo, Mr. Crawford, Mr. Winebaum, and Ms. Erlebacher expressed concerns.
Mr. Mikolaities said they are learning from Town Hall what their space needs are. Using his
profession of 35 years, he put together a budget. The After School Program will
stay at the elementary school because parents do not want to cart kids from one place to another.
The summer program is losing kids to other programs due to a lack of activities. Mr. Durkin, a
member of Recreation Commission, said we do a lot for the kids with inadequate
accommodations.
Jane Ireland called the question. Moderator Eaton called for a vote. The motion passed.
Moderator Eaton ordered Article 18 to appear on the ballot as written.
Shawn Crapo moved to restrict reconsideration. Seconded by Randy Crapo. Moderator
Eaton called for a vote. The motion passed. Moderator Eaton ordered reconsideration of Article
18 to be restricted.
Moderator Eaton read Article 19.
ARTICLE 19. To see if the Town will vote to raise and appropriate the sum of seventyfive thousand dollars ($75,000) to be added to the Highway Heavy Equipment Capital
Reserve Fund created in 1994. This appropriation is in addition to the operating budget.
(Majority vote required.)
This article is recommended by the Selectmen (2-0)
This article is recommended by the Budget Committee. (10-0)
Article 19 was moved to the floor for discussion by Selectman Jenness. Seconded by Selectman
Musselman.
Selectman Jenness stated that if voters approve Article 9 to spend $170,000 from the Highway
Heavy Equipment Capital Reserve Fund, approval of Article 19 would begin to replenish that
fund.
Mr. Crawford said he supports the article.
Hearing no further discussion, Moderator Eaton ordered Article 19 to appear on the ballot as
written.
18
Moderator Eaton read Article 20.
ARTICLE 20. To see if the Town will vote to raise and appropriate the sum of Fifty
Thousand Dollars ($50,000) to be placed in the Town Employees’ Accumulated Leave
Expendable Trust Fund, established pursuant to RSA 31:91-a by Article 14 of the 1990
Rye Town Meeting for the purpose of funding Town Employees’ accumulated leave
accounts. This appropriation is in addition to the operating budget. (Majority vote
required.)
This article is recommended by the Selectmen (2-0)
This article is recommended by the Budget Committee. (10-0)
Article 20 was moved to the floor for discussion by Selectman Jenness. Seconded by Selectman
Musselman.
Selectman Jenness said that the Town’s potential liability is much more than what is in this
account now. The Department of Revenue Administration recommends that at least 50% of that
liability be funded. Approval of this article will bring us closer to 50%, but we will still be short.
There being no further discussion, Moderator Eaton ordered Article 20 to appear on the
ballot as written.
Moderator Eaton read Article 21.
ARTICLE 21. To see if the Town will raise and appropriate the sum of twenty-five
thousand dollars ($25,000) to be added to The Municipal Buildings Maintenance
Expendable Trust Fund established by Article 11 at the 2007 Town Meeting under the
provisions of RSA 31:19-a, for the purpose of major repairs to municipal buildings. This
appropriation is in addition to the operating budget. (Majority vote required.)
This article is recommended by the Selectmen (2-0)
This article is recommended by the Budget Committee. (10-0)
Article 21 was moved to the floor for discussion by Selectman Jenness. Seconded by Selectman
Musselman.
Selectman Jenness said the Municipal Building Maintenance Expendable Trust Fund has a
balance of $63,521. This article is to raise the appropriate amount of money to maintain repairs
to municipal buildings.
There being no further discussion, Moderator Eaton ordered Article 21 to appear on the
ballot as written.
Moderator Eaton read Article 22.
ARTICLE 22. To see if the Town will vote to raise and appropriate the sum of twentyfive thousand dollars ($25,000) to contract for engineering design plus bidding services to
replace the existing salt shed and authorize the withdrawal of twenty-five thousand dollars
($25,000) from the Salt/Sand Storage Building Capital Reserve Fund created in 2005 for
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this purpose. This appropriation is in addition to the operating budget. This article has no
current tax impact. (Majority vote required.)
This article is recommended by the Selectmen (2-0)
Article 22 was moved to the floor for discussion by Selectman Musselman. Seconded by
Selectman Jenness.
Selection Musselman said this would begin the process of replacing our old salt storage shed.
The shed is small and limits the amount of salt that can be delivered. There has been no problem
so far this year, but two years ago, with four feet of snow, there was a problem. This article is
only for design. Next year the Selectmen will likely be back asking for construction funds.
There being no further discussion, Moderator Eaton ordered Article 22 to be placed on the
ballot as written.
Moderator Eaton read Article 23.
ARTICLE 23. To see if the Town will vote to raise and appropriate the sum of five
thousand dollars ($5,000) to be added to the Rye Public Library Building Maintenance
Expendable Trust Fund established by Article 14 at the 2005 Town Meeting under the
provisions of RSA 31:19-a, as a maintenance fund for the Rye Public Library building.
This appropriation is in addition to the Library’s operating budget. (Majority vote
required.)
This article is recommended by the Selectmen (2-0)
This article is recommended by the Budget Committee. (10-0)
Article 23 was moved to the floor for discussion by Selectman Jenness. Seconded by
Selectman Musselman.
Selectman Jenness said the balance in this account is $23,045. If this article is approved it will
add 3/100 of a cent to the tax rate.
There being no further discussion, Moderator Eaton ordered Article 23 to be placed on the
ballot as written.
Shawn Crapo moved to restrict reconsideration of Articles 19 through 23. Seconded by Dr.
Klinger. Moderator Eaton called for a vote on the motion. The motion passed. Moderator
Eaton ordered that reconsideration of Articles 19 through 23 be restricted.
Moderator Eaton reminded the meeting that we had already discussed Article 24.
Moderator Eaton read Article 25.
ARTICLE 25. To see if the Town will vote to rescind the Rye Fire Department Ordinance
adopted by Article 13 of the 1972 Annual Town Meeting and amended by Article 37 of the
1990 Annual Town Meeting, and, further, to affirm pursuant to RSA 154:1 that the Rye
20
Fire Department is organized with a Fire Chief appointed by the Board of Selectmen and
firefighters appointed by the Board of Selectmen upon recommendation of the Fire Chief.
This article is recommended by the Selectmen (2-0)
Article 25 was moved to the floor for discussion by Selectman Musselman. Seconded by
Selectman Jenness.
Selectman Musselman explained that this is a housekeeping article dealing with how the fire
department currently operates.
Mr. Crawford expressed concern.
Chief Lambert explained that this article complies with the State Guidelines in RSA 154. It
relates to the powers of the Fire Chief, as defined in the statute, and with the discharge and
suspension of employees.
Mr. Marion moved to end debate. Moderator Eaton called for a vote. The motion passed.
Moderator Eaton ordered Article 25 to appear on the ballot as written.
Moderator Eaton suggested that since Article 26 is a long article, he would entertain a motion to
waive reading the full article, and only read Ordinance 4 Section “p”. So moved by Rebecca
Franz. Seconded by Mr. Marion. The motion passed.
Moderator Eaton read only Section “p”, but the complete article states as follows:
ARTICLE 26. To see if the Town will vote to amend section #4, Rye Water District, of
Ordinance #4, the Parking Ordinance by adding new section “p” as proposed by the
selectmen as follows: (Note: New text is in bold italic)
4. Rye Water District:
a.
b.
c.
d.
e.
No parking on the south side of Wallis Road from Odiorne Drive to the beach.
No parking on either side of Marsh Road.
(Note: The State of New Hampshire Department of Transportation enacted the
following regulation on July 8, 1991: In accordance with RSA 265:71 and RSA
236:1 a section of Marsh Road #50 in the Town of Rye, New Hampshire,
beginning at a point on both sides of the highway at the intersection of Route
NH 1-A and extending in a westerly direction to the intersection of Parson’s
Road on Marsh Road #50 is hereby restricted and within the area so described
the parking of vehicles of any type is prohibited at any time.)
No parking on either side of Fairhill Avenue or Glendale Road.
No parking on the south side of Wallis Road Extension from Ocean Boulevard
to the beach and angle parking on the north side of Wallis Road Extension by
permit only.
No parking on the west side of Ocean Boulevard from a point 1200 feet south of
Washington Road for a distance of 2500 feet toward Rye Harbor. (Note: The
State Highway Department has banned parking in this area per RSA 262-A:72,
RSA 249:5 and RSA 249:6).
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f.
Parallel parking (off paved surface) is permitted on the north side of Washington
Road from Ocean Boulevard to the first house (#11). No parking is permitted
on the south side of Washington Road in the same area.
g. No parking on the north side of Wallis Road from Ocean Boulevard to Parsons
Creek causeway. Parallel parking is permitted on the north side of Wallis Road
from Parsons Creek causeway to the first house at the junction of Wallis Road
and Appledore Avenue.
h. No parking on Washington Road from Walker Lane on the south side and from
Olde Parish Road on the north side to Grange Park, so-called, at the intersection
of Washington and Wallis Roads, except that there shall be a fifteen minute
loading/unloading zone at the Rye Junior High School on the north side of
Washington Road.
i. No parking on the bikeways (paved shoulders within 6 feet of the marked
travelway) beginning at the entrance to Wallis Sands State Beach and extending
northerly along Route 1-A to the southerly border of Odiorne State Park and no
parking on both sides if Route 1-A from the southerly boundary of Odiorne Point
State Park northerly to the entrance gate to the Seavey Creek boat launching
area, which point is approximately 350 feet south of Pine Tree Bridge, so-called,
over Seavey Creek. (Note: The State Highway Department has banned parking
in this area per RSA 262-A:72).
j. No parking of cars at any time on Harbor Road beyond Remick’s Pier except by
permit only.
k. No parking on either side of the highway on Harbor Road from a point
commencing at the Public Service Co. of NH light pole no. 23-30-50A, to the
easterly side of the driveway of 100 Harbor Road.
l. No parking at the “T” at the end of Alehson Street.
m. Approximately ten (10) permit only parallel parking spaces located
approximately 150 feet north of Parsons Creek on the easterly side of Route 1A
on a public beach access; almost opposite the Harbormaster Restaurant
n. North side of Washington Road to #11 Washington Road – No parking on
pavement, No parking on south side.
o. Wallis Road – No parking both sides of road from Appledore Ave to Odiorne
Drive.
p. No parking on east side of Recreation Road, starting at Rye Recreation gate,
east approximately 487 feet to Eversource (PSNH) utility pole number 74/7.
No parking on pavement on west side of Recreation Road, starting at Rye
Recreation gate, east approximately 344 feet to Eversource (PSNH) utility pole
number 74/5. All vehicles shall be parked in designated parking spaces.
This article is recommended by the Selectmen (2-0)
Article 26 was moved to floor for discussion by Selectman Jenness. Seconded by Selectman
Musselman.
Selectman Jenness deferred to Chief Walsh. Chief Walsh spoke about the concerns of safety,
parking flow issues, and the pond across the street where kids run back and forth. Primax
Insurance suggested that parking in the area be restricted during games.
22
Paula Tsetsilas asked if there would be enough parking if spaces are removed. Chief Walsh said
there are 64 spaces, with additional parking in the extended dirt parking lot.
There being no further discussion, Moderator Eaton ordered Article 26 to appear on the
ballot as written.
Moderator Eaton said he would entertain a motion to waive the reading of Article 27 since it is
very long. So moved by Randy Crapo. Seconded by Dr. Dibble. Moderator Eaton called for a
vote. The motion to waive passed. The full text of Article 27 is as follows:
ARTICLE 27. To see if the town will vote to amend Section 11 of Ordinance #1, the Beach
Ordinance as follows. (Note: Deleted text is struck through, new text is in bold italic)
11. Dogs are not permitted on Town Beaches before 7:00 p.m. or after 9:00 a.m. from
the Saturday before Memorial Day to the first Saturday after Labor Day. The only
exception will be the area between Wallis Sands State Park and Odiorne State Park,
where dogs and people are allowed between the hours of 6:00 a.m. and 12 midnight.
During this part of the year:
1. All dogs shall be secured by a leash otherwise and under the control of its owner or
other custodian and which is held by a reasonable person capable of physically
restraining the dog. This does not apply to service dogs as defined in RSA 167-D:1. Only
at Foss Beach dogs will follow the Town of Rye # 7 – Dog Ordinance follows the State
RSA 466:30-a Dog Under Control Law. Notwithstanding any other provisions of this
chapter, it shall be unlawful for any dog to run at large, except when accompanied by
the owner or custodian, and when used for hunting, herding, supervised competition and
exhibition or training for such. For the purpose of this section “accompanied” shall be
defined as that the owner or custodian must be able to see or hear, or both, or have
reasonable knowledge of where the dog is hunting, herding, or where training is being
conducted or where trials are being held. Nothing herein provided shall mean that the
dog must be within sight at all times.
2. The owner or custodian of any dog that defecates on Town of Rye beaches shall
immediately remove such defecation from public property and dispose of it on their own
property or otherwise properly dispose of same and shall not temporarily place on public
or private property without the owner/town’s permission.
3. These provisions shall not apply to any dog owned or employed by or acting on the
behalf of law enforcement.
The animal control officer or any police officer shall have the authority to enforce the
observance of this chapter relating to animal control. The Board of Selectmen may
empower the duties of the animal control officer to serve notice of forfeiture (citation)
relating to animal control, and it may also empower the animal control officer to
investigate all reports of violations involving animals in this town ordinance and RSA
466:1.
Definition of terms:
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Dog: Shall be intended to mean male and female, neutered or spayed and including
puppies, so called.
Owner/Custodian: Shall be intended to mean any person, group, association or
organization maintaining, keeping, caring for, harboring or owning a dog.
At large: Shall be intended to mean off the premises or property of the owner while not
on a leash, not under the physical control of a responsible person, and not confined
within a vehicle.
Leash: A strap or cord for restraining and guiding a dog or other animal. Shall
mean/be considered to be 6 feet in length.
This article is recommended by the Selectmen (2-0)
Selectman Musselman moved to bring Article 27 to the floor for discussion. Seconded by
Selectman Jenness.
Selectman Musselman moved to amend Article 27 by replacing Subsection 1 as follows:
All dogs shall be secured by a leash no longer than six (6) feet and under the control of its
owner or other custodian and which is held by a reasonable person capable of physically
restraining the dog. This does not apply to service dogs as defined in RSA 167-D:1.
Foss Beach is exempted from this regulation, but the Town Dog Ordinance #7 (RSA
466:30-a) applies at Foss Beach.
Selectman Musselman also said his motion deleted all four definitions in the original article. He
said the amendment accomplishes the same purpose, but makes the article much clearer.
Seconded by Dr. Dibble.
Selectman Musselman asked Town Counsel Donovan if all the capital letters could be in lower
case. Mr. Donovan said they could. Selectman Musselman amended his motion to change the
capital letters to lower case. Dr. Dibble seconded the amended motion.
There being no further discussion on Selectman Musselman’s motion to amend, Moderator
Eaton called for a vote. The motion passed.
Mr. Marion moved to the amend Subsection 1 to add the words “After 7 p.m.” at the beginning
of the first sentence. Seconded by Ms. Bradshaw.
Ms. Murphy, Mr. Crapo and Mr. Jarvis all spoke against the motion. Mr. Epply said we should
not punish the residents of Rye. Mr. King asked Chief Walsh to speak to the article.
Moderator Eaton re-read Subsection 1 with Mr. Marion’s proposed amendment. Hearing no
further discussion on Mr. Marion’s motion, Moderator Eaton called for a vote. The motion
passed.
Mr. Epply said he does not oppose a leash law, but he does oppose the six-foot limitation on
leashes. He would support the article if that limitation is removed.
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Mr. Warner asked that Chief Walsh be allowed to speak.
Chief Walsh thanked all the residents who abide by the rules. He said the problem is the
outsiders that come into town to use our beaches. This is what his officers are dealing with. The
Chief gave statistics on how many dogs use the beach at certain times. He could not see how his
officers could control so many dogs. He felt that out-of-towners are not being respectful about
picking up dog waste. He has a problem with Rye dog owners picking up after other people’s
dogs so they do not lose their privilege. It all comes down to the word “respect”. Dogs are
running uncontrolled on residents’ beach-front property. These are some of the reasons why a
leash law is a necessity.
Mr. Warner said Rye residents look out for each other and pick up after each other. They follow
and respect the rules. Mr. Warner felt that no changes should be made at this time.
Chief Walsh said the proposed ordinance would only require dogs to be leashed from Memorial
Day to Columbus Day.
Ms. Holway commented on the lack of police at the beach.
Mr. Epply moved to amend Article 27 by replacing Subsection 1 of the article as it now reads,
and substituting the following: “All dogs shall be otherwise under the control of its owner or
other custodian. Dogs not properly under control of its owner or custodian shall be considered to
be a nuisance as defined by the Town of Rye #7 - Dog Ordinance which follows the State RSA
466:31, II, and said dog shall be immediately secured by a leash or removed from the beach.”
Seconded by Mr. Marion. Mr. Epply stated this language deals with nuisance dogs rather than
all dogs. His language made the rest of Subsection 1 unnecessary, so he deleted it.
Moderator Eaton said this motion would amend Article 27 as previously amended by Messrs.
Musselman and Marion. The only thing Mr. Epply is changing is Subparagraph 1. Everything
else in Selectman Musselman’s amendment remains the same.
Mary Murphy asked for a point of order. She questioned whether it was permissible for an
amendment to change the purpose of an article. Moderator Eaton said the proposed amendment
was in order. He explained that the New Hampshire Supreme Court, in its January 18, 2017
decision in Cady v. Town of Deerfield, said that amendments could change both the intent and
purpose of an article, so long as they didn’t eliminate the subject matter.
Mr. Warner offered a friendly grammatical amendment to Mr. Epply’s proposed motion to
change the first two words in subsection 1 of Article 27 from “All dogs” to “Any dog”. Messrs.
Epply and Marion accepted the friendly amendment.
Selectman Musselman argued that the Epply amendment would preclude the people of Rye from
voting on this issue.
Mr. Epply called the question. Seconded by Mr. Marion. Moderator Eaton re-read the
proposed amendment: “Any dog shall be otherwise under the control of its owner or other
custodian. Dogs not properly under control of its owner or custodian shall be considered to be a
nuisance as defined by the Town of Rye #7 - Dog Ordinance which follows the State RSA
466:31, II, and said dog shall be immediately secured by a leash or removed from the beach.”
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Moderator Eaton called for a vote on the motion to end debate on Mr. Epply’s motion. The
motion passed. Moderator Eaton called for a vote on Mr. Epply’s motion to amend Article 27.
The motion passed.
Tom King spoke about beach-use issues, including drinking, parking, trash, and overcrowding.
There are issues, he said, and people who are responsible. However, we should be able to
exercise our dogs. He suggested we study the issue and put it off until next year.
Ms. Grote called the question. Seconded by Mr. Marion. Mr. Eaton called for a vote. The
motion to end debate passed.
Moderator Eaton ordered that Article 27 appear on the ballot as amended.
Ms. King moved to restrict reconsideration of Article 27. Seconded by Mr. Borne. Moderator
Eaton called for a vote. The motion passed. Moderator Eaton ordered that reconsideration of
Article 27 be restricted.
Selectman Musselman moved to take Article 32 out of order. Seconded by Ms. Bradshaw.
The motion passed.
Moderator Eaton read Article 32.
ARTICLE 32. (By Petition) We are in favor of dog’s being leashed at all times on Rye,
NH beaches as recommended by the Chief of Police.
This article is not recommended by the Selectmen (2-0)
Mary Murphy moved to bring Article 32 to the floor for discussion. Seconded by Mr. Borne.
Ms. Murphy feels the article is fine the way it is and would like to see it on the ballot. She said
we should leave it up to the voters to decide.
Chief Walsh moved to amend Article 32 by removing the words “as recommended by the Chief
of Police” from the end of the article. Seconded by Mr. Marion.
Mr. Murphy called the question on Chief Walsh’s motion to amend Article 32. Moderator
Eaton called for a vote. The motion passed. Moderator Eaton called for a vote on the motion to
amend. The motion passed.
Mr. Epply moved to further amend Article 32 to substitute the following language: “We are in
favor of Article 27 as amended.” Town Counsel Donovan opined that the amendment did not
eliminate the subject matter of the article. Moderator Eaton said that it was a close call and
suggested substituting the following language: “We are in favor of Article 27 with regard to the
control of dogs on beaches.” Mr. Epply agreed to the substitute language for his motion.
Seconded by Mr. Warner.
Mr. Marion said he was opposed to the original article. He also questioned the propriety of an
amendment that changed the intent of an article. Moderator Eaton reiterated that the Cady case
held that such a change was permissible.
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The question was called on Mr. Epply’s motion to amend. Shawn Crapo asked for a point of
order. Moderator Eaton said he would hear Mr. Crapo’s point of order after the vote on the
motion to end debate. Moderator Eaton then called for a vote on the motion to end debate on Mr.
Epply’s motion. The motion passed. Moderator Eaton called for a vote on the motion to amend.
The motion passed by a vote of 34 to 18.
Mr. Crapo’s point of order was that he disagreed on whether the subject matter of the article
was the leashing of dogs on the beaches. Moderator Eaton stated that he considered the subject
matter to be the control of dogs on beaches, not the leashing of dogs on the beaches. The subject
matters in Articles 27 and 32 are very similar. According to Cady, we have to give the voters
something to vote on that makes sense, and this makes sense. Moderator Eaton said he
appreciated Mr. Crapo’s point of order, but he was not going to change his ruling that the
amendment was permissible.
Mr. Gould called the question on ending debate on Article 32. Moderator Eaton called for a
vote. The motion to end debate passed.
Moderator Eaton ordered Article 32 to appear on the ballot as amended.
Cathy Hodson moved to restrict reconsideration of Article 32. Seconded by Mr. Marion.
Moderator Eaton called for a vote. The motion passed. Moderator Eaton ruled that
reconsideration of Article 32 was restricted.
Mr. King moved to restrict reconsideration of Article 27. Seconded by Mr. Warner.
Moderator Eaton called for a vote. The motion passed. Moderator Eaton ruled that
reconsideration of Article 27 was restricted.
Moderator Eaton said that since Article 28 is a long article, he would entertain a motion to
waive reading the article. So moved by Selectman Musselman. Seconded by Ms. Franz.
Moderator Eaton called for a vote. The motion passed. Article 28, which was not read, states as
follows:
ARTICLE 28. To see if the town will vote to amend Ordinance #28 the Litter Control
Ordinance as follows. (Note: New text is in bold italic).
#28 Litter Ordinance
Litter Control Law and
Animal and Waste Removal Ordinance
Adopted, March 15, 1997, Article 17
Amended March 14, 2017
WHEREAS, RSA 163-B:2 defines "litter'' to mean all rubbish, refuse, garbage, trash,
debris, dead animals or other discarded materials of every kind and description; and
WHEREAS, RSA 163-B:3 establishes that it is unlawful for any person to dump, deposit,
throw or leave or cause or permit the dumping, depositing, placing, throwing or leaving of
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litter on any public or private property without the consent of the owner or tenant in lawful
possession of the property;
WHEREAS, the Board of Selectmen of the Town of Rye has determined that circulars,
handbills, dodgers, newspapers, paper, booklets, posters and other printed matter or
advertising literature of any kind when thrown, cast, dropped or deposited in any manner
in any public place or on any yard, grounds, porch, vestibule, doorstep, or public high
way, public hallway or private property without the consent of the property owner,
constitute discarded material.
WHEREAS, the Board of Selectmen of the Town of Rye has determined that any pet
waste, bagged or not, when left, thrown, cast, dropped or deposited in any manner in
any public place or on any yard, grounds, street, road or public highway, or private
property without the consent of the property owner, constitutes discarded material.
NOW, THEREFORE, BE IT ORDINATED THAT:
A. The Town of Rye Police Department is hereby directed to enforce the Litter Control Law
(RSA Chapter 163-B) against any person who throws, casts, drops, places or otherwise
deposits or who causes the throwing, casting, dropping, placement or deposit of pet waste
and/or waste bag, circulars, handbills, dodgers, newspapers, paper, booklets, posters,
other printed matter or advertising literature: (1) on streets and other ways, town parks,
public beaches and other town property without the consent of the Board of Selectmen; or
(2) on any privately owned yard, grounds, porch, vestibule, doorstep or common hallway
without the consent of the property owner or tenant in lawful possession.
B. It shall be the duty of each person who owns, possesses or controls a dog to immediately
remove and dispose of any feces left by his/her dog. Pet waste and/or pet waste bags
shall not be temporarily placed on public or private property without the owner’s
consent.
C. For all applications of this ordinance, it shall be presumed that the deposit of such material
is without the consent of the property owners or tenant in lawful possession, and the
burden shall be on the person(s) depositing such material or causing the deposit of such
material to produce evidence of consent.
D. The following shall be exempt from the provisions of this ordinance:
1. Circulars, newspapers, bulletins or other printed matter to which an occupant or private
property subscribes.
2. Printed matter of any type which is affixed to a door or doorway in a lawful manner.
3. Pet Waste and/or pet waste bag or printed material placed in a receptacle or container in
accordance with RSA-163-B: 3, II (Such litter is placed into a litter receptacle or
container installed on such property;)
E. The provisions of this ordinance are severable. If any provision herein is determined to be
unlawful by a court or competent jurisdiction, the remaining provisions shall remain in
effect.
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F. This ordinance shall take effect 30 days after passage.
This article is recommended by the Selectmen (2-0)
Article 28 was moved to the floor for discussion by Selectman Musselman. Seconded by
Selectman Jenness.
Selectman Musselman said this article came about from investigating the water quality of
Parson’s Creek. Dog waste was not a major part of the Creek’s contamination, but it was one of
them. People have thrown dog waste and bags of dog waste into the Creek. A committee with
town staff members looked into managing the dog waste problem. The language for this article
came out of that committee. Basically, the article is asking people to pick up their dog waste and
dispose of it properly.
There being no further discussion, Moderator Eaton ordered Article 28 to appear on the
ballot as written.
Moderator Eaton read Article 29.
ARTICLE 29. To see if the Town will vote to accept as a town road, Star Fish Circle in
the Sea Mist Landing Subdivision as shown on a plan entitled “Joyce W. Richardson &
Gale Worden & the Worden Trust Subdivision Plans Assessor’s parcels Tax Map 19, Lots
141 & 141-1, Rye NH 03870”, recorded in the Rockingham County Registry of Deeds as
Plan No. D-38825. This acceptance is conditioned upon the final approval of the Public
Works Director, the Board of Selectmen and the Planning Board. The Planning Board has
approved the subdivision creating Star Fish Circle as identified on the above-referenced
plan. (Majority vote required.)
This article is recommended by the Selectmen (2-0)
Article 29 was moved to the floor for discussion by Selectman Jenness. Seconded by Selectman
Musselman.
Selectman Jenness said Starfish Circle is not quite complete. With passage of this article, once
work is done, the Public Works Director, Planning Board Director and Selectmen can allow it to
be approved as a town road. It will not have to wait a whole year to come back again.
There being no further discussion, Moderator Eaton ordered Article 29 to appear on the
ballot as written.
Moderator Eaton noted that we had already discussed Article 30.
Moderator Eaton read Article 31.
ARTICLE 31. (By Petition) To see if the Town will vote to rescind, pursuant to RSA
41:14-c, Article 12 of the 2002 Town Meeting, which gives the Board of Selectmen
authority to acquire or sell land, buildings, or both, without voter approval. Nothing herein
shall affect the independent authorities of either the Conservation Commission or the
Heritage Commission to acquire land or buildings in the name of the Town pursuant to RSA
36-A:4, I and RSA 674:44-b respectively.
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This article is not recommended by the Selectmen (2-0)
Article 31 was moved to the floor for discussion by Peter Crawford. Seconded by Mr. Borne.
Mr. Crawford spoke about land at the transfer station that was acquired by the town that he said
the Town thought it already owned. He researched and discovered that the land was conveyed to
the Town for consideration. He questioned whether the land was worth $75,000 because he
didn’t think it was buildable. He said the purchase of the land was approved by the Board of
Selectmen at a non-public meeting in December of 2016. He said that was the second time the
Selectmen engaged in a real estate transaction. The purpose of Article 31 was to give voters
control over real estate transactions involving the Town.
Shawn Crapo said he did not agree with the article. He moved to amend it by adding the
following words to the end of the first sentence: “for purchases higher than $750,000.” The
motion was seconded by Mr. Murphy.
Selectman Musselman said he had a separate amendment to address this article, and wanted to
rebut what Mr. Crawford had said. Mr. Crapo withdrew his motion. The withdrawal was
seconded by Mr. Murphy.
Selectman Musselman suggested he would amend Article 31 as follows. In the first sentence in
Article 31, he would replace the words “rescind pursuant to RSA 41:14-c” with the word
“reaffirm’; and he would delete the last sentence of the article in its entirety. Selectman Jenness
made the suggested motion. Seconded by Shawn Crapo.
Moderator Eaton read the proposed amendment to Article 31: “To see if the Town will vote to
reaffirm Article 12 of the 2012 Town Meeting, which gives the Board of Selectmen authority to
acquire or sell land, buildings, or both, without voter approval pursuant to RSA 41:14-c.”
Selectman Musselman explained that the first transaction to which Mr. Crawford referred was a
quitclaim settlement with the potential of one acre of land at the Transfer Station site. With
respect to the other two issues, Selectman Musselman said there was never any intent not to get
Town Meeting approval. In fact, on every issue for his 11 years, Selectman Jenness’s 15 years,
and Selectman Mills’s 25 years, we always brought issues to Town Meeting even if we had the
ability to make the transaction ourselves. This warrant article would preclude us if we had minor
adjustments of slivers of land. And right-of ways would require us to go back to Town Meeting,
which is a waste of time, and a waste of Town Meeting voters’ time. This is the reason he
suggested the amendment.
Shawn Crapo called the question on the motion to amend. Moderator Eaton called for a vote.
The motion failed because there was not a 2/3 majority in favor. Therefore, Moderator Eaton
ruled that debate could continue.
Mr. Crawford said he opposed Selectman Musselman’s amendment.
Mr. Borne expressed concern as to where the $75,000 for the quitclaim settlement came from if
it wasn’t budgeted for. Town Counsel Donovan said the money came out of the Litigation
Reserve Fund. The Town carries money on its books to settle litigation. That money is
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established on the books with the auditors and in consultation with him. Mr. Donovan explained
the history of the quitclaim deed and the Transfer Station land.
Mr. Jarvis said we are not dealing with history; we are going forward. The Selectmen handle a
lot of town affairs and need flexibility.
Selectman Musselman spoke in support of the motion to amend. He said the statute provides
limitations on what the Selectmen can do when they buy and sell property.
Ms. Bradshaw asked about the Parsonage. Selectman Musselman said he didn’t think there was
ever a proposal to do buy the Parsonage, although it was discussed.
Mr. King asked why the Selectmen need authorization to buy equipment, like a couple of trucks,
but not for land purchases.
Alan Gould said that Selectman Musselman explained the process for buying property and didn’t
see why we would want to handcuff the Selectmen in buying and selling land.
Mr. Winebaum asked about instances where the Board of Selectmen purchased land, including
the total amount of money involved per transaction. Selectman Musselman talked about the
trade of land at the roundabout, and the adjustment at Old Ferry Landing Road where the road
had to be moved because of a land development. No money was exchanged in either case.
Town Counsel Donovan said he thought that 20 years ago a building was given on the Parsonage
side. Selectman Jenness said this was the Historic Museum. Mr. Donovan said no money was
exchanged in that transaction, but that it did constitute a disposition of real estate.
Mr. Gould called the question on the Jenness amendment suggested by Selectman Musselman.
Moderator Eaton re-read the motion to amend, and then called for a vote. The motion to end
debate passed. Moderator Eaton called for a vote on the motion to amend. The motion passed.
There being no further discussion, Moderator Eaton ordered Article 31 to appear on the
ballot as amended.
Mr. Gould moved to restrict reconsideration of Article 31. Seconded by Randy Crapo.
Moderator Eaton called for a vote. The motion passed. Moderator Eaton ruled that
reconsideration of Article 31 was restricted.
Moderator Eaton read Article 33.
ARTICLE 33. (By Petition) Shall the Town of Rye create a “Younger Family Housing
Committee” (“Committee”) that will explore whether the declining school population –
which is expected to decline by 54% from 2011 to 2026 – can be reversed to maintain the
vitality of our school district? This Committee should look to support Rye’s dedication to
school excellence, that complements our heritage as a quaint, coastal community. The
Committee shall consist of a minimum of five (5) members, including a mix of residents
(RES parents, RJH parents and others) – not serving on current boards, committees or
commissions – and can have Planning Board, School Board, Selectmen and Budget
Committee representatives. The Committee should self-elect a chairperson. The
Committee should commence its first meeting by March 30, 2017 and should submit a report
identifying suggestions to increase school population and next steps for implementation to
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The Town Selectmen and Long Range Planning Sub-committee by September 30, 2017.
Upon submitting the report this Committee shall cease.
This article is not recommended by the Selectmen (2-0)
Mr. Marion moved to bring Article 33 to the floor for discussion. Seconded by Ms. Sheerin.
Paula Tsetsilas spoke about the excellent education in Rye, the decline in enrollment and the
effect that would have on the schools. She said that one of the problems is our housing values.
Forty-three percent of residents in Rye are 55 or older. The cost per student in the middle school
is over $19,000. She was concerned that we cannot give our children the same wealth of
education as we did in the past. She wanted to create a Housing Committee to look at ways to
bring younger families into town. The committee should educate itself on school enrollment
trends and how many students over the next 10 years would be needed to provide for the proper
quality of education. She said we need buildable lots with pricing that is competitive with
surrounding towns, and to develop relations with housing authorities.
Ms. Tsetsilas moved to amend Article 33 to change the language to the following:
Shall the Selectmen authorize the creation of a Younger Family Housing Committee that
will explore whether the declining school population - which is expected to decline by 54%
at Rye Junior High from 2011 to 2026 - can be reversed to maintain the vitality of our
school district? The Committee should look to support Rye’s dedication to school
excellence that complements our heritage as a quaint, coastal community. This Committee
should consist of no fewer than 4 and no more than 8 members consisting of a mix of one
realtor, one member of the Conservation Committee or other land preserving organization,
one RES parent, one RJH parent, Selectman and one member of each of the following
committees: School Board, Planning Committee and Budget Committee, each appointed by
its Committee Chair. The Committee should self-elect a chairperson. The Committee
should commence its first meeting by April 14, 2017 and should submit a report identifying
suggestions to increase school population and next steps for implementation to the Town
Selectmen and Long Range Planning Sub-committee by October 16, 2017.Upon submitting
the report this Committee shall cease. Those interested should submit a brief resume to the
Selectman no later than March 22, 2017 for Selectman’s selection by March 31, 2017.
Mr. Marion seconded the motion.
Mr. Crawford said he supports the article. Mr. Jarvis asked why having less children or more
children in the schools would affect the quality of education.
Ms. Tsetsilas said that fewer students affects our community as a whole. It affects the decline of
recreational sports. Residents are going to Portsmouth or paying other recreational clubs. We
need a healthy population, not only for our schools but also for our community.
Ms. Grote said she supports the article because we need a diverse community.
Mr. Winebaum offered a friendly amendment to Ms. Tsetsilas’s motion, to add citizens-at-large
to the proposed committee. Pursuant to his amendment, Article 33 would state as follows:
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Shall the Selectmen authorize the creation of a Younger Family Housing Committee that
will explore whether the declining school population - which is expected to decline by
54% at Rye Junior High from 2011 to 2016 - can be reversed to maintain the vitality of
our school district? The Committee should look to support Rye’s dedication to school
excellence that complements our heritage as a quaint, coastal community. This
Committee should consist of no fewer than 4 and no more than 12 members consisting of
a mix of one realtor, one member of the Conservation Committee or other land
preserving organization, one RES parent, one RJH parent, Selectman and one member of
each of the following committees: School Board, Planning Committee and Budget
Committee, each appointed by its Committee Chair; and 4 citizens at large members.
The committee should self-elect a chairperson. The Committee should commence its
first meeting by April 14, 2017 and should submit a report identifying suggestions to
increase school population and next steps for implementation to the Town Selectmen and
Long Range Planning Sub-committee by October 16, 2017. Upon submitting the report
this Committee shall cease. Those interested should submit a brief resume to the
Selectman no later than March 22, 2017 for Selectman’s selection by March 31, 2017.
Moderator Eaton asked Ms. Tsetsilas and Mr. Marion if they agreed with this “friendly
amendment.” They approved.
Randy Crapo said there might not be anyone from any of the Committees who would want to
serve. Also, the Committee might decide not to increase the school population.
Mr. Murphy called the question. Moderator Eaton called for a vote on the motion to end debate
The motion passed. Moderator Eaton called for a vote on the motion to amend. The motion
passed.
Selectman Musselman said this is the wrong forum for this issue; it is an issue for the School
Board. Also, he said, it costs far more money to send a child to school than to raise the tax rate.
His view is that this article is getting into land use committee issues and that this committee is
the wrong forum for that. The committee requested in this article is being asked to investigate
what we might do to change our land use patterns. He stated that first we have to look at
education, and second whether this in the interest of the town of Rye, and third we have to look
at this through the Planning Board.
Selectman Jenness said this is the wrong forum for this issue. The Selectmen do not deal with
the development of land, or with modifying the master plan. This issue should start with the
Planning Board and Long Range Planning.
Ms. Low stated that as a teacher teaching in Portsmouth, with the decline of students, we lost
teachers. She said this article is wonderful and, if nothing comes of it, maybe we could look at
the high cost of living in Rye. She applauded Ms. Tsetsilas’s initiative.
Shawn Crapo said something has to be done. He said we see students being pulled from the Rye
school system and going to private schools. The proposed committee will help us analyze what
needs to be done to maintain the quality of our schools.
Mr. Marion said the School Board has been looking into this issue. It is not just a school issue.
Rye needs workforce housing so people who work in Rye can live here.
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Mr. Borne said this committee would propose options to keep our community in a healthy state.
Jane Ireland called the question. Moderator Eaton called for a vote on ending discussion on
Article 33. The motion passed. Mr. Crawford called for a point of order. He wasn’t sure if
the motion achieved a 2/3 majority. Moderator Eaton called for a re-vote and asked Shawn
Crapo and Randy Crapo to count the votes. The motion to end debate passed by a vote of 33 to
15.
Moderator Eaton ordered Article 33 appear to appear on the ballot as amended.
Moderator Eaton noted that we had already discussed Article 34.
Moderator Eaton read Article 35.
Article 35. (By Petition) To see if the Town will vote to establish a Trail Access
Feasibility Committee (Committee”) to explore the feasibility and finding requirements
of expanding one of the existing public trails through Rye Woods (behind Parson’s Field)
for the purpose of increasing access to the Rye Recreation Area from the center of Town
in general, and from the students of Rye Junior High School in particular. The
Committee would develop recommendations for the best route, surface materials and
maintenance plan; and would provide a report to the Town no later than September 1,
2017.
The Committee shall consist of a representative from Public Safety, a representative from
the Recreation Department, a Planning Board member, a School Board member, and up
to four citizen representatives who are Board Members of Leagues that use the Rye
Recreation Fields, as well as additional members identified as needed by, and appointed
by, the Committee. The Committee shall self-elect a citizen chairperson.
This article is not recommended by the Selectmen (2-0)
Katie Sherman moved Article 35 to the floor for discussion. Sally King seconded the motion.
Mr. Murphy moved to amend the second paragraph of Article 35 to add a Conservation
Commission member to the Committee. The amended paragraph 2 would read as follows:
The Committee shall consist of a Conservation Commission member, a representative
from Public Safety, a representative from the Recreation Department, a Planning Board
member, a School Board member, and up to four citizen representatives who are Board
Members of Leagues that use the Rye Recreation Fields, as well as additional members
identified as needed by, and appointed by, the Committee. The Committee shall self-elect
a citizen chairperson.
Dr. Dibble seconded the motion.
Mr. Murphy said this amendment would correct an oversight by adding a Conservation
Commission member to the committee.
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Mike Garvan offered a friendly amendment to Mr. Murphy’s motion. After giving a little
history of the Town Forest, Mr. Garvan proffered the following amendment to the first paragraph
of Article 35:
To see if the Board of Selectmen will consider the establishment of a Trail Access
Feasibility Committee (“Committee”) to explore the feasibility and funding requirements
of expanding one of the existing public trails through the Rye Town Forest (behind
Parson’s Field) for the purpose of increasing access to the Rye Recreation Area from the
center of Town in general, and from the students of Rye Junior High School in particular.
The Committee would develop recommendations for the best route, surface materials and
maintenance plan; and would provide a report to the Town no later than September 1,
2017.
Mr. Murphy and Dr. Dibble accepted Mr. Garvan’s friendly amendment.
Mr. Low stated, and Mr. Jarvis and Ms. Holway agreed, that it took many years to protect the
Town Forest, and that there are plenty of trails. He is against any more trails or development.
The question was called on Mr. Garvan’s motion to amend. Moderator Eaton called for a vote
on the motion to end debate. The motion passed. Moderator Eaton called for a vote on the
motion to amend. The motion passed.
Mr. Jarvis spoke against any changes to the trails in the Town Forest. Ms. Holway agreed.
Mr. Murphy said the purpose of Article 35 was to increase access to the trails in the Town
Forest. It would establish a committee, that would be required to operate within the restrictions
and guidelines of the conservation easement on the property, to establish direct paths to the Rye
Recreation Field. No expenses would be associated with it.
Selectman Musselman moved to amend Article 35 by substituting the Conservation
Commission for the Board of Selectmen in the first paragraph. Seconded by Selectman Jenness.
Selectman Musselman said the Conservation Commission manages the Town Forest and that the
Board of Selectmen has nothing to do with it.
The question was called on Selectman Musselman’s motion to amend. Moderator Eaton called
for a vote on the motion to end debate. The motion passed. Moderator Eaton called for a vote
on the motion to amend. The motion passed.
Debra Holloway spoke against the article. She said the trails through the woods are clear.
Ms. Grote called the question. Moderator Eaton called for a vote on the motion to end debate
on Article 35. The motion passed.
Moderator Eaton ordered Article 35 to appear on the ballot as amended.
Moderator Eaton read Article 36.
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ARTICLE 36. To see if the Town will vote to authorize the Selectmen to sell to the
highest bidder at public auction, or sealed bid, such surplus Town equipment as is not
traded in on new equipment in 2017.
This article is recommended by the Selectmen (2-0)
Selectman Jenness moved to bring Article 36 to the floor for discussion. Seconded by
Selectman Musselman.
Selectman Jenness said she can’t remember anything being put into an auction except for odds
and ends at Public Works. This Article is there if we need it.
There being no further discussion, Moderator Eaton ordered Article 36 to appear on the
ballot as written.
Moderator Eaton read Article 37
ARTICLE 37. To transact any other business which may legally come before this
meeting.
This article is recommended by the Selectmen (2-0)
Selectman Jenness moved to bring Article 37 to the floor for discussion. Seconded by
Selectman Musselman.
There being no further discussion, at 4:55 p.m., Moderator Eaton declared the meeting adjourned
until the Town Election on March 14, 2017.
A count of the Checklist showed that 169 voters attended the meeting.
Respectfully submitted,
Donna DeCotis
Town Clerk/Tax Collector
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