REPORT OF THE ANNUAL TOWN MEETING FOR THE TOWN OF RYE, NEW HAMPSHIRE DELIBERATIVE SESSION

Transcription

1 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 4 th 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 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 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 9 th, at 7:00 p.m. at the Rye Public Library. He advised that the town and school election will be held on Tuesday, March 14 th 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 8 rd 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 1

2 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. 1 st, articles whose words are prescribed by law may not be amended. 2 nd, to avoid confusion, I will not permit amendments to amendments before the original amendment is voted on. 3 rd, an amendment may not add a new subject. 4 th, 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. 2

3 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 14 th 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 3

4 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 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 4

5 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. 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, 5

6 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. 6

7 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. 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 7

8 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. 8

9 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. 9

10 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 10

11 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 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

12 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 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

13 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 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%) $17,153 Base 2% Max 3.5% 2018 (12 mos.) $18,618 $24, (12 mos.) $18,230 $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 Budget Committee. (7-1) 13

14 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 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 This appropriation is in addition to the operating budget. (Majority vote required.) 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. 14

15 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? 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 Estimated Range of Increase over prior Year 2017 (9 mos. at 2.5%) $30,170 Base 2% Max 3.5% 2018 (12 mos.) $35,653 $44, (12 mos.) $27,660 $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

16 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 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? 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%) $22,939 Estimated Range of Increase over prior Year Base 2% Max 3.5% 2018 (12 mos.) $22,335 $28, (12 mos.) $20,876 $29,108 The range in years 2018 and 2019 is a minimum and maximum amount Determined by Cost of Living Adjustments (COLA). 16

17 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 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? 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 Budget Committee. (7-1) 17

18 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 This appropriation is in addition to the operating budget. (Majority vote required.) 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

19 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 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 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 19