NOTES OF SEPTEMBER 11, 2017 RYE BOARD OF SELECTMEN MEETING
Final Revision C – Provided by the Rye Civic League
Present (clockwise around table): Town Administrator Michael Magnant, Selectmen Craig Musselman, Priscilla Jenness and Phil Winslow, Finance Director Cyndi Gillespie.
Also present and sitting in the audience or the lobby outside: Town Clerk Donna Decotis, Police Chief Kevin Walsh, Interim Fire Chief Tom Lambert, Paul Paradis, Public Works, Incoming Fire Chief Mark Cotreau.
Persons present from the public included: Victor Azzi, Peter Crawford, Deb Cross, Frank Drake, Paul Goldman, Water District Commissioner Ralph Hickson, Mosquito Commissioner Denis Lipman, Elizabeth Sanborn, Von Sanborn, Former State Representative Tom Sherman, Former Fire Chief Skip Sullivan,
Editor’s
note: For ease in finding particular
sections using the archived video and audio on the Town website, the elapsed
time is indicated. Use the slider and
the elapsed time indicated at the bottom of the video
window to fast forward to the desired section.
Videos on the Town website may currently be
accessed at www.town.rye.nh.us by
clicking on “Town Hall Streaming” at the bottom left of the screen. Follow the link for “Town Hall Live
Streaming,” then find the meeting by date under “Previous.”
The video starts
at 6:50:09 p.m. (0:00 elapsed).
Summary
2.
New Fire Chief Mark Coutreau was
sworn in.
5.
The Police and Public Works are looking
at various options for resolving the safety issues on Dow Ln.
Announcements
There was a moment of
silence for the lives that were lost on September 11, 2001.
Public comment (1:48 elapsed)
Ritchie
White said that he had attended the Rye Water District meeting the prior
week. He spoke about the need for a
“Water 101” meeting given public concern over PFCs and lack of knowledge. Deb White was in agreement.
Sophie Benard spoke in
favor of the meeting.
Lisa Oakes said that
she had just found out about the Dow Ln. issue earlier in the today. She expressed opposition to closing Dow Ln.
She said that there had always been traffic there and the owners knew about it
when they bought their houses.
Peter Crawford agreed
with what Ritchie White had said about the confusion regarding water issues in
town. He said that half the time, people do not even know that they are in the Rye Water
District. He also spoke about the
upcoming item on the agenda regarding the Housing Partnership and the Parsonage
Apartments. He said that he assumed that
they would be saying that they are no longer interested in pursuing an
arrangement. Editor’s note: The Housing
Partnership leases the apartments from the town under a 20 year lease with the
town, and in turn subleases the apartments to tenants. Previously, the town had been a direct
landlord of the tenants. The lease
expires in January 2019. In late 2015
and early 2016, the Selectmen were briefly considering a warrant article to
sell the Parsonage Apartments to the Housing Partnership for one dollar at the
end of the lease. Mr. Crawford said that the Parsonage Apartments
Committee had done an excellent job, with some excellent recommendations. He
hoped that the Selectmen were working to implement those. The Housing Partnership is not the only game
in town. If the town needs to become a
landlord again, there are management companies that could be hired to take over
the management, he said.
Julie Tucker agreed
with Ritchie and Deb White regarding the water meetings.
Denis Lipman spoke
about posters that the Mosquito Control Commission wanted to display in Rye
relating to ticks, which are more dangerous and now a bigger issue, he
said. He read from one of the posters,
which resulted in laughter. Selectman
Musselman suggested that the proposed posters be left with staff and that the
Selectmen would get back to them.
Consent Agenda (13:47 elapsed)
The motion to file item
A (a letter from Robert Jesurum regarding Sanders Poynt) and accept item B (the
Wallis Sands Triathlon on September 16), carried unanimously. Editor’s
note: Click here
(page 11) to see a copy of Mr. Jesurum’s letter.
Minutes (14:40 elapsed)
The minutes of the
August 28, 2017 meeting were unanimously approved with changes.
Swearing in of new Fire Chief Mark Coutreau
(17:36 elapsed)
Donna Decotis swore in
Chief Coutreau. Chief Coutreau said that
he was humbled by the trust placed in him by the Board of Selectmen and the
folks from Rye present. The department
has a great reputation, he said.
A gift of appreciation
was presented to outgoing Interim Fire Chief Tom Lambert, who will have served
from August 8, 2014 to August 16, 2017.
Introduction of new Assistant Building Inspector (24:00 elapsed)
Building Inspector
Peter Rowell introduced Milon “Chuck” Marsden as the new Assistant Building
Inspector. He said that he had been
doing this sort of work for 14-15 years.
Selectman Musselman added that this had been in Hampton.
Letter regarding Parsonage Apartments from
the Housing Partnership (25:42 elapsed)
Selectman Musselman
read the letter from Marty Chapman, Executive Director of the Housing
Partnership. Editor’s note: The letter is
attached to the official minutes of the meeting, posted on the town
website. Click here
(page 13) to see the letter. The
letter summarizes the perceived priorities of the Board of Selectmen as (1)
continuing to make the property available as affordable housing; (2) possibly
increasing the eligible applicant pool by increasing the income limit and rent
caps (if allowed by any public financing that might be used); (3) maintaining
town ownership of the property; (4) extension of the lease term only for the
minimum period of time needed for the Housing Partnership to secure financing
for further redevelopment of the property, ideally for not more than 15 years;
(5) maintenance of the current configuration without substantial demolition of
the main building or the adjacent one; and (6) avoid public financing if
possible to preserve options for other uses at a later date.
Selectman Musselman
said that he and Town Administrator Magnant had had meetings with the Housing
Partnership. He said that they are
prepared to engage in a more detailed analysis, including obtaining input from
an architect and contractor. There would
not be any work prior to the January 2019 expiration of the current lease. If twelve months notice is required on the
decision to renew the lease or not, the decision would need to be made in late
2017 or early 2018, he said.
Town Administrator
Magnant spoke about the need to extend the existing lease for a short period of
time to iron out details.
Selectman Musselman
said that an extension would be needed even if the town pursues having someone
else manage the property.
Selectman Winslow said
that a five year extension might be possible.
Selectman Musselman
said that their discussions with the Housing Partnership were more negative,
with regard to the ability of the Housing Partnership to obtain financing, than
is reflected in the letter. They are unable,
however, to say that they cannot obtain financing, without first obtaining cost
estimates.
Selectman Musselman
said that he is not optimistic that they can pull this off by December. The Selectmen have said no to the sale and
long-term lease options. The Housing
Partnership will come back by the end of the year, or early next year.
Selectman Jenness
pointed out that the Board of Selectmen had a new composition.
Selectman Winslow said
that, regardless or the parties, the facts must be known.
Selectman Musselman
said that they need to “fish or cut bait.”
Victor Azzi suggested
that the process not be limited to the Housing Partnership. He suggested a request for proposal (“RFP”)
process. Peter Crawford said that he
agreed with Mr. Azzi.
Selectman Musselman
said that, if there is an RFP, the Housing Partnership would not be willing to
invest money in obtaining the estimates.
He added that this would not be ready for a warrant article in January.
Town Administrator
Magnant said that one of the recommendations of the Parsonage Committee was to
negotiate with the Housing Partnership. Editor’s note: The Committee’s final report is available
at: http://www.town.rye.nh.us/Pages/RyeNH_BComm/PALRPC/Parsonage
Comm Final Report.pdf. Another
recommendation was that Plan NH be hired to conduct a design charrette for the
future of Rye Center. There is no
evidence that the Selectmen are following up on this recommendation. Mr. Magnant suggested that the Housing
Partnership be given a deadline.
Selectman Winslow
suggested a deadline of the end of January for obtaining the information.
Selectman Musselman
spoke about the challenges if the Housing Partnership does not own the building. That removes their ability to pledge the
building as an asset as collateral for a loan, he indicated.
Selectman Musselman
suggested a January 15 deadline for the financial report, and January 31 for a
meeting.
Selectman Winslow said
that this would provide the cost of renovations.
Cost of living adjustment for town employees (48:32 elapsed)
Town
Finance Director Cyndi Gillespie said that she had looked up the Consumer Price
Index for urban communities and found a twelve month average increase of 1.7
percent. Under the union contracts, the
floor is 2.0 percent. She said that it
is at the pleasure of the Board as to whether that would also apply to
non-union positions. All of the unions
have the same floor and ceiling, she said.
The increases would be effective April 1.
Selectman Musselman
said that they have lots of time.
Ms. Gillespie noted
that the budget process is starting.
Frank Drake said that
he was hearing that no conversation was necessary unless the CPI came in above
2 percent.
Selectman Musselman
said that no conversation was needed for the union contracts, but that a
decision was needed on whether to pass the same increase along to non-union
employees.
Frank Drake asked
whether any thought had been given to using the Social Security Market
basket. “Knock them around, Craig,” he
suggested.
Selectman Musselman
noted that a three year contract had just been signed, which has a floor of 2
and ceiling of 3.5, which is down from prior years.
No action was taken at
this point on the requested two percent increase for
non-union employees.
Closure of TD Bank in Rye and possible use
for town offices (51:38 elapsed)
Town Administrator
Magnant noted that they had received word of the December 1, 2017 closure of
this branch. It is anticipated that the
building will be put on the market.
There is a deed restriction that, if the property remains commercial, it
must remain a bank.
Selectman Musselman
said that it could also be a government office.
He asked whether Mr. Magnant knew of drive up town clerk offices
elsewhere. Mr. Magnant referred to
Somersworth.
Paul Goldman asked
whether residential uses would also be acceptable. Mr. Magnant confirmed. He also added that the building is assessed
at $517,000.
Selectman Musselman
asked whether they could go see the building.
Mr. Magnant added that
the building had a vault, and was about 2200 square feet.
Selectman Musselman
said that he did not think that the lot is zoned commercial. He suggested that the due diligence process
be started with respect to possible acquisition of the site.
Selectman Jenness
seconded.
Mr. Magnant said that
the parcel is in the business district.
Town Finance Director
Cyndi Gillespie noted that their representative at TD Bank had said that more
banking is being done online, and small branches are no longer profitable.
All were in favor of
the motion.
Robert Bear, 91 South Rd., fence extending into right-of-way (59:00
elapsed)
Selectman Jenness said
that a site walk is needed showing where the town land is. Paul Paradis of Public Works said that the
right-of-way is 66 feet wide, and that the pin had been found.
Frank Drake said that
he is speaking as a private citizen, rather than as a Rye Beach Commissioner,
as he is not authorized to speak for the Commissioners. Rye Beach must work through the town to use
the right-of-way for sidewalks and street lights. He spoke about the old Dan Brown wall. South Rd. was laid out in 1882 and is well
documented, he said.
Selectman Musselman said
that they had previously dealt with two walls, Dan Brown’s, which was a new
one, and another one that had been moved.
A legal opinion on the ability of the Selectmen to allow building in the
right-of-way was not obtained for those, but it is high time that they look
into that, he said.
It appeared to be
agreed that a site walk would be conducted.
New business: town revaluation
(72:11 elapsed)
Ms. Gillespie noted
that she had received a memorandum from the revaluation company. They are getting ready to wind up their work
and have offered to meet.
Selectman Musselman
noted that they had met with a lot of property owners. He asked about changes that had been
made.
Selectman Winslow noted
that there appeared to be a 1.3 percent difference, as the average increase had
been 14 percent, and is now 12.7 percent.
Dow Lane safety issues (64:11 elapsed)
Town Administrator Magnant said that
another packet had been received from residents and that there had been a
communication from the Police Chief.
Public Works Director Dennis McCarthy had also met with the Department
of Transportation (“DOT”).
Police Chief Kevin
Walsh said that more brainstorming had been done. They had not rejected anything yet, but had
said that the issue was up to the town. Options
are acquiring land for a hammerhead and constructing a barrier so that the road
would be closed in one direction, such that only those leaving Rye could
continue on Dow Ln. He said that Mr.
McCarthy is in favor of that option.
Selectman Musselman
said that the Town Attorney was unsure as to the status of the intersections
and the role that NHDOT would have.
Chief Walsh described
the third option as being speed bumps.
Speed, not traffic volume, is the issue, he said. The fourth option is increased
enforcement. During one week, the
average speed had dropped to 33 m.p.h., whereas it had
been 37 m.p.h., he said.
Selectman Jenness asked
whether making the intersection with Route 1 perpendicular had been looked
into. Chief Walsh said that, if they are
able to put a plastic barrier in place, that would
prevent an improper turn.
Selectman Winslow asked
about interference with snow plows.
Chief Walsh said that that was workable.
They would need to go more slowly, he said.
It was revealed that the
State has Route 1 on its list for repaving in 2019.
Selectman Musselman
asked whether a speed sign with a strobe could be put up. Editor’s
note: This is an apparent reference to
automatic, radar operated, speed displays that display each car’s speed as it
drives past. Some of these have strobe
lights that flash when the speed exceeds a threshold. One has since been erected on Dow Ln.
Chief Walsh said that there a lot of those
out. They become part of the environment
after awhile, he asserted. The officers
have met and have made a decision to lower the threshold for stopping cars for
speeding, he said.
There was discussion
about the turn lanes at Washington Rd. and Route 1, and whether these would
need to be enhanced if Dow Ln. is closed.
Chief Walsh said that
they would need to answer the question about time delays that would result if
Dow Ln. is closed.
Someone in the audience
asked why this was being considered, as it is opening a huge can of worms.
Jenny Sears, 6 Dow Ln.,
said that she understood the precedent issue, however the Dow Ln. intersection
has been considered dangerous multiple times.
There are two options: close it,
or make it a 90 degree angle. It would
not be setting a precedent as this is the only entrance to Rye without traffic
control, she said.
Paul Goldman said that
he had just found out about this earlier in the day. He has no opinion, he said, but nevertheless
continued to speak. He can see it both
ways, he said.
Selectman Musselman
said that a 90 degree angle would solve the problem.
Brett Mulvey asked
whether there was any way that speed bumps could be put in place sooner.
Elizabeth Sanborn, 16
Dow Ln., said that this was not the first time this issue had come up. She spoke about a 20 m.p.h.
zone in front of the school on Washington Rd.
Dow Ln. is used to bypass that.
Some immediate help is needed.
The increased enforcement is great, she said.
Peter Crawford said
that it would seem that Jersey barriers could be put in place quickly and
inexpensively to close Dow Ln. to through traffic in one direction. A sign would also be needed to inform traffic
on Route 1 that Dow Ln. is closed, and telling them to proceed to Washington
Rd., he said.
Chief Walsh said that
data on the additional delay to travelers was needed.
Selectman Musselman
spoke about a figure of 1800 per day and the need to also look at the queuing
at Washingon Rd. and Route 1.
Victor Azzi said that,
ten or twelve years earlier, when he was on the Rockingham Planning Commission,
the Dow Ln. and Route 1 intersection had received a lot of attention. At that time the issue was traffic on Dow
Ln., turning to head south on Route 1, crossing the northbound traffic. Now it is the speed on Dow Ln. It is time to deal with the traffic turning
to go south as well, he said.
Paul Goldman said that
he had now heard enough. He said that
deciding to close Dow Ln. would not be dealing with the “systems issue.” He said that he is the biggest property owner
in the Washington Rd./Dow Ln. triangle.
Selectman Musselman
said that more options would be looked at in the next two weeks. Structural solutions would occur in 2018, not
2017, he said.
Nancy Splaine said that
she is a business owner on Dow Ln. Once
a week she hears screeching brakes from a car having to stop suddenly when a
car in front was entering their lot.
A woman said that there
are kids and dogs everywhere, and asked what would be done for those on
Washington Rd.
Tom Sherman referred to
a strobe light on a dangerous highway in Virginia having reduced the number of
accidents to zero. These are not
expensive, he said.
Selectman Musselman
said that the discussion would continue.
Use of Town Seal (121:20 elapsed)
As this discussion
started, a substantial number of people left.
Selectman Musselman
said that this was not a discussion about a marine animal.
Town Administrator
Magnant summarized. He said that the
draft policy that they have before them had been run by the Town Attorney and
staff, and neither had a problem with it.
Selectman Musselman
said that the draft policy does not mention the Town Flag. He said that he had stopped in to talk with
Alex Herlihy. Editor’s note: Mr. Herlihy is
head of the Rye Historical Society, a private organization that is selling the
Town Flag which includes the Town Seal.
Mr. Magnant said that, with the Selectmen’s
authorization, sale of the town flag could be authorized.
Selectman Musselman
asked whether it could be listed.
The policy, modified to
permit sale of the Town Flag, was unanimously approved.
State Seacoast Cancer Cluster Investigation
Commission appointment (126:00 elapsed)
Town Administrator
Magnant said that Dr. Tom Sherman and Dr. Knaus are both present. Dr. Knaus does not think that he will be able
to serve, he said.
Selectman Musselman
said that the town should act diligently, and find out what is known and what
is not known, and not rush to judgment.
There should not be a rush to judgment resulting in remediation costs to
taxpayers unless there is a need to protect public health. There needs to be a mechanism so that there
is a report back to the town before there is any discussion involving the town.
Selectman Winslow spoke
about the need for a short leash. The
standard is now 70 parts per trillion (ppt).
If the commission decides to reduce that to 10, 15 or 20 parts per
trillion there may be additional costs for water treatment. Editor’s
note: He was apparently referring to PFC
levels. PFCs include PFOA
(perfluorooctanoic acid) and PFOS (perfluorooctane sulfonic acid). See also the notes of the September 25, 2017
and the discussion with Senator Dan Innis regarding PFCs. He said that legislation was recently
introduced in the New Hampshire Legislature to reduce the limit to 20 parts per
trillion, but that the bill died after a conference committee was unable to
agree.
Selectman Musselman
said that the federal studies are just starting. There may well not be any linkage between the
Cancer Cluster and PFAS (sic). There is no established linkage and no established cause and
effect yet, he said.
(132:02 elapsed)
Their job is to look
into all of the potential issues that may have created a small percentage
cluster, he said.
Selectman Jenness said
that there were more questions than answers.
Selectman Musselman agreed.
Selectman Jenness asked about the timing.
Mr. Magnant said that
the final report is due June 30, 2020.
Tom Sherman said that
he agrees completely with Selectman Musselman.
He referred to his two terms as State Representative from Rye and the
fact that he is currently Chairman of the Cancer Cluster Task Force appointed
by Gov. Hassan and continued by Gov. Sununu.
He referred to a non-partisan, science-based, process. They are working on the final report
now. The discovery of PFCs at the
Coakley Landfill came out of that process.
That is only a small portion.
There are five major sites that have been identified: Seabrook, the Shipyard, Schiller Power Plant,
Pease and Coakley Landfill.
Dr. Sherman agreed that
no link had been identified, but the absence of knowledge does not equate to
safety. That is why the Commission goes
until 2020. Dr. Sherman said that he is
serving on the HB511 commission as well.
They are working to form a registry of chronic illnesses to try to find
a link to environmental exposure. He
mentioned pancreatic and breast cancers.
(136:41 elapsed)
Dr. Sherman said that
the task force had not recommended a specific level in parts per trillion.
Selectman Musselman
interjected “others have, quite vocally.”
Dr. Sherman agreed. Selectman
Musselman added, “without any basis.” Dr. Sherman said, “I’m not going to go
there.” He said that the Task Force had
been measured, and based on science.
This cluster is small, but it is one of the first in the country meeting
the CDC criteria.
Dr. Sherman noted that
he is working only two days a week with his medical practice, and has the time
and experience in Concord to serve on the commission.
There was further
discussion about the meeting schedule.
Selectman Musselman
suggested that Dr. Sherman be appointed to the commission, with the proviso
that, prior to entering into discussions with this group about what the Town of
Rye might do, that he come talk to the Selectmen beforehand.
Selectman Winslow
seconded.
Selectman Jenness said
that she was trying to get the “lay of the land.”
Selectman Musselman
said that there had been several other applicants, including from an
anesthesiologist at Exeter Hospital and another packet that had just arrived.
Selectman Jenness said
that neither one had noted available time.
All were in favor of
the motion.
Red Mill Ln. guard rail (143:53 elapsed)
Town Administrator
Magnant reported that Public Works Director Dennis McCarthy had found a timber
guard rail system meeting the crash standards for $35,000. Paul Paradis from Public Works explained the
shuffling of funds, applying an extra $15,000 saved on the West Road paving
project towards the increased guard rail cost.
Editor’s note: See the notes of the August 14, 2017 meeting
at which $116,000 in unanticipated Block Grant funds from the State were
accepted. At that meeting, it was
proposed that $11,000 of those funds be used to upgrade the metal guard rail
proposed to be part of the Red Mill Ln. culvert project to wood. The Red Mill culvert project was originally
approved 2016 Warrant Article 7, for $150,000 to replace “one or both existing
culverts under Red Mill Lane…” That warrant article passed by a vote of
945-567. In 2017, after it became
apparent that the cost to replace both culverts would be closer to $500,000
(the bids came in at approximately $220,000 per culvert, but those did not
include engineering or contingency).
Instead of proposing a separate warrant article in 2017, the money
appropriated in 2016 but not spent, $143,000 of the $150,000,
was carried forward to 2017 and an additional $110,000 added in the capital
outlay line item in the 2017 budget.
This appears to have been illegal, as N.H. Rev. Stat. Ann. (“RSA”) 32:7
provides that appropriations lapse at year end, with certain exceptions not
applicable here. There was no
contractual commitment in place by the end of 2016 that would permit the funds
to be encumbered and the culvert was budgeted in 2016 as an Individual, not
Special Warrant Article.
Selectman Musselman
said that he was not sure that a crash rating was needed for Red Mill Ln.
Mr. Paradis referred to
potential liability and added that there is no speed limit on the road.
Selectman Musselman
said that, if the wood guard rail is provided for this culvert, it will need to
be provided for the next Red Mill Ln. culvert as well.
Mr. Paradis said that
the next culvert would be less expensive as provisions for the different guard
rail could be made before the culvert is cast.
Mr. Paradis noted that
only the new box culvert on Wallis Rd. has a DOT-approved guard rail.
Selectmen Musselman and
Jenness said that they were fine with the substitution at the additional
cost. Selectman Musselman quipped that
it would avoid “one more Chappaquidick.”
Town Hall modifications for Building Inspector’s office (147:00 elapsed)
Town Finance Director
Cyndi Gillespie announced that Building Inspector Peter Rowell had met with the
Historic District Commission and that approval had been obtained, with some
modifications.
Selectman Musselman
said that, if these were reasonable, it would be fine.
Further discussion regarding TD bank building
There was further
discussion about a tour of the building and whether it would need to be noticed
as a public meeting. Selectman Winslow
said that he would like to see the vault.
Town Administrator Magnant suggested that individual appointments be
arranged.
Information session regarding water issues
There was additional
discussion about the information session suggested by Ritchie White at the beginning of the meeting.
Selectman Musselman said that he was glad to put on his “engineer’s hat”
and attend a meeting of the Rye Water District.
It is not business to come before the Board of Selectmen at this
point. Other than the Town Hall
Committee, there has been only one joint meeting in Rye in the past 12 years,
he asserted. Editor’s note: There was also
the Beach Use Ordinance Committee, that met in
2013. Since there were two selectmen on
that committee, the meetings had to be jointly noticed as Board of Selectmen
meetings.
Selectman Musselman said that it was easier
for him to do as the Town’s engineer than as a selectman.
Water District
Commissioner Ralph Hickson said that they are looking for a fair amount of
history on both dumps.
Selectman Musselman
said that the Breakfast Hill Landfill is not linked with the Garland Well, and
that he would not talk about that.
Mr. Hickson said that
he is not sure that that is understood.
Some people think that there is an impact from the Coakley Landfill, he
said.
Selectman Musselman
said that he had reviewed all of the data on the Coakley Landfill, the
Breakfast Hill Landfill and the Grove Road Landfill. That is a different topic. There is no indication of a link between the Garland Rd. Well and the Coakley land. We don’t have any data between the two
points. In that situation, surmising is
not something I can do as an engineer, he said.
It is not something that a geologist can do.
Mr. Hickson said that
he did not think that a geologist had yet been found who could make that link.
“There is one,”
Selectman Musselman said, and then laughed.
He said that he did not understand it.
Selectman Musselman
agreed to share information with the Rye Water District.
Selectman Musselman
said that he would talk to Chris Bird of Wright Pierce.
Adjournment
Whereupon
the meeting adjourned at 9:48 p.m.