NOTES OF SEPTEMBER 8, 2014 RYE BOARD OF SELECTMEN MEETING
Final Revision B – Provided by the Rye Civic League
Present: Selectmen Mills. Musselman and Jenness. Also present: Town Administrator Michael Magnant, Town Finance Director Cyndi Gillespie, departing Fire Chief Skip Sullivan (left after swearing in of new police officer), Interim Fire Chief Thomas Lambert, Police Chief Kevin Walsh, Public Works Director Dennis McCarthy.
Persons present from the public included: Victor Azzi, Steven Borne (arrived 7:31 p.m.), Mae Bradshaw, Peter Crawford, Joe Cummins, State Senator Nancy Stiles (left after swearing in of new police officer), Dominique Winebaum, Sam Winebaum.
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 6:41:35 (0:00 elapsed)
Summary
2. New police officer Amanda Gauthier sworn in.
5. Consolidation discussions between the Portsmouth and Rye Fire Departments are starting.
Announcements (0:38 elapsed)
Selectman Musselman announced that the John Smith Memorial had been dedicated and that it was very well done.
Consent agenda, letter from Ed Farley regarding dogs and police (2:48 elapsed)
The consent agenda, the sole item on which related to an e-mail from Ed Farley regarding concerns with the Police Department, was unanimously approved. Editor’s note: The e-mail is attached to the official minutes and relates to issues with dogs (those of Mr. Farley and his neighbors) and complaints that he had regarding police involvement. See also the minutes and video of the February 10, 2014 meeting during which Mr. Farley was present and engaged in an extended discussion of police and dog issues.
Minutes (3:08 elapsed)
The minutes of the meeting of August 11, 2014 meeting were unanimously approved with minor changes. The minutes of the non-public session of the same day were unanimously approved without changes.
Presentation by Senator Stiles to Departing Fire Chief Sullivan (5:50 elapsed)
Senator Stiles read a New Hampshire Senate Resolution and presented a framed copy of the resolution regarding Chief Sullivan’s 46 years of dedicated service in Hampton, Claremont, Bedford and Rye. Chief Sullivan noted that it was Bedford, MA. A copy of the book Rye in Focus was provided to Chief Sullivan by Selectman Musselman on behalf of the Board and the Town.
Appointment of Amanda Gauthier as a full-time police officer (8:49 elapsed)
Police Chief Walsh presented Amanda Gauthier and her husband Ken to the Board of Selectmen. Amanda is starting her career. She has a bachelor’s degree in criminal justice. Ken has recently been discharged from the Marines, will be furthering his education and staying home to take care of the children.
On motion of Selectman Jenness, seconded by Selectman Mills, the motion to appoint Ms. Gauthier as an officer carried unanimously.
Lunging Island Discretionary Easement request (11:57 elapsed)
Selectman Musselman introduced the matter. The island is a rock off the coast of Rye. There has been a dispute regarding the assessment. It is headed to the BTLA if there is not a settlement. Editor’s note: BTLA refers to the Board of Tax and Land Appeals. The proposal is to lower the assessment by about $900,000 to approximately $711,000, he said. There are two very rustic buildings, a dock, no power or water. It is used only seasonally. It is difficult to find comparables. The assessor is very comfortable with this, Selectman Musselman said. Selectman Mills then appeared to read a pre-written motion, which carried unanimously.
Appointment of Thomas Lambert as Forest Fire Warden (14:31 elapsed)
Editor’s note: Mr. Lambert is the new interim Fire Chief. The motion to appoint him to this position carried unanimously.
Quitclaim deed to paper street (14:50 elapsed)
Selectman Jenness, while flipping through documents, commented that the map was strange. There was a question by Selectman Musselman of whether a piece of land went to lot 116 or 117. Town Administrator Magnant indicated that he had not had time to review in detail. It was agreed to table the issue.
Sign request, Friends of Pulpit Rock Tower (17:27 elapsed)
The sign request was approved unanimously.
Investment policy (17:52 elapsed)
Selectman Musselman noted that the policy provides for very conservative investments. The motion to re-approve the policy carried unanimously.
COLA for upcoming year (18:35 elapsed)
Town Finance Director Cyndi Gillespie noted that the policy had been changed so that the COLA would be calculated as of September 1 rather than December 1 of each year. This has been agreed to by two unions, she said. Editor’s note: These are apparently the unions covering the Public Works and Police Department employees. No agreement was reached in 2014 with the union covering the Fire Department employees. COLA stands for cost of living adjustment, which is based on the increase in the Consumer Price Index (“CPI”). Ms. Gillespie stated that the CPI increase is 1.57 percent, but there is a 2 percent floor in the contract, so she is proposing the higher number as the COLA. In response to a question from Selectman Musselman, Ms. Gillespie confirmed that the CPI used is the national one, for urban consumers. The motion to approve the increase carried unanimously.
Wallis Rd. Box Culvert replacement (19:51 elapsed)
Public Works Director Dennis McCarthy addressed this issue. State wetlands and Army Corps of Engineers approval had been received. The culvert will be replaced in kind, except that it will be longer than the prior one in order to provide for a bike lane. The culvert has already been purchased without the Selectmen’s approval due to a canceled meeting. Two bids were received, one for $21,698 and the other for $23,450. He went ahead and purchased from the vendor with the lower bid, he said. Construction will be bid later in September. He expects 3-5 bids. The bid service is being provided by Wright Pierce, the engineering firm. Mr. McCarthy outlined his latest estimate of the cost:
Installation $100,000
Culvert $ 21,000
Engineering $ 15,000 (upper end of range starting at $10,000)
Contingency $ 10,000
Total $146,000
Editor’s note: 2014 Warrant Article 11 provides $150,000 for this project. See the notes of the September 22, 2014 Board of Selectmen’s meeting. Based on bids received, it appeared at that meeting that the project would be over the $150,000 budget unless the scope is reduced.
The design cost was $22,000, from last year’s funds, Mr. McCarthy said. There was a small surplus that will be carried forward that will provide additional contingency, Mr. McCarthy said. Frank Richardson did a great job for the Town of Rye. The approval letter includes a statement that it has no effect on the abutters in any way, he said.
Editor’s note: One of the abutters is suing the Town, seeking to have the creek restored to its prior location, which would apparently cause it again to flow under the old culvert, now being replaced. There is now little flow through that culvert. See Beliveau v. Town of Rye, case 1:13-cv-00402 in U.S. District Court, District of New Hampshire. The suit seeks to “[o]rder Defendant [i.e. the Town of Rye] to restore Parsons Creek and [their] Property to its original conditions.” According to admissions by the Town of Rye in court filings, in September 1997, the Town began a multi-year salt marsh restoration project which involved the installation of new twin box culverts approximately 164 feet to the west of the existing culvert (the one that the Town is now replacing) and the main channel of Parsons Creek was relocated to align with the new culverts. According to the Beliveau’s court filing, this caused Parsons Creek to flow through their land, reducing the available uplands upon which they could build.
Mr. McCarthy continued, stating that he hopes that there will be only a one or two day road closure to tear out the old box culvert. Mr. McCarthy stated that there was no need for action by the Selectmen, unless they wanted to object to him taking action without their approval. He noted that the bid accepted was the lowest one.
Adopt a graveyard program (26:43 elapsed)
Selectman Musselman referred to a letter from Mae Bradshaw. Editor’s note: Ms. Bradshaw is Chairman of the Heritage Commission. He stated that apparently either the Selectmen or the Cemetery Trustees may be placed in charge of the program. The latter are not interested in managing the program. The question is whether the Selectmen would delegate the responsibility to the Heritage Commission. Selectmen Jenness stated that there was a letter from Frank Drake of the Cemetery Trustees confirming that they did not want anything to do with the program. Selectman Musselman stated that he did not have a problem as long as the statute and the wishes of the property owners were complied with. The motion of Selectman Jenness, seconded by Selectman Mills, to delegate this responsibility carried unanimously.
E-mails and letters regarding speed limits (29:19 elapsed)
Police Chief Kevin Walsh addressed the letter from Bruce Valley which proposed 25 m.p.h. speed limit signs on Big Rock Rd. Chief Walsh stated that he had spoken with Mr. Valley, who was not present. He stated also that there had been a study in 2012 which indicated that only 3 vehicles had been clocked at above 30 m.p.h. and these were 32 and 33 m.p.h. Mr. Valley argued that people had seen the cruisers and slowed down.
Chief Walsh stated that he would be requesting a piece of equipment that could be used by multiple departments. It would show the speed and provide statistics. There is also the ability to turn off the display of speed so that motorists would not be aware that they are being monitored.
Chief Walsh stated that he is against the proposed 25 m.p.h. sign. Education and awareness is the solution, he said.
In response to a question from Selectman Musselman, Chief Walsh indicated that similar information had not been gathered for Cable Rd.
Public Works Director Dennis McCarthy cautioned the board that RSA 265:63 requires that, prior to any change in speed limits, an engineering or traffic investigation must be made to establish that the change is warranted. That is typically based on the 85th percentile of traffic. Editor’s note: This means that 85 percent of the traffic must be traveling at the speed limit or less, the assumption being that the vast majority of drivers travel at a safe speed. Mr. McCarthy cautioned that satisfying one resident’s request would result in others to follow.
Chief Walsh then spoke about research done on Route 1B in which David Borden was involved. They have found that most of those stopped live on the road.
Selectman Mills asked about the chances of a speeding ticket holding up in court for 38 or 39 m.p.h. in a 30 m.p.h. zone, the current speed limit on Big Rock Rd. Chief Walsh stated that it must be shown that the speed was unreasonable at the time that the motorist was driving. On a busy beach day, with a lot of people walking around, this would not be difficult. If the area is quiet it would be difficult.
Selectman Mills stated that he lives on Central Rd. which also has a 30 m.p.h. speed limit and the traffic there goes “a hell of a lot faster” than on Big Rock Rd. Unless it’s Jane Langley, Evelyn Shea, or Jack Squires doing wheelies coming out of Gray Ct. onto Big Rock Rd., they cannot get the speed up. You might get one kid late for school in the morning, he said.
Chief Walsh stated that he agreed. Specific data is needed, which will require the right tools. He will be presenting information to the Board during the next budget cycle. Selectman Mills asked about the cost. Chief Walsh responded that it was $20,000, none of which would be covered by a grant. Selectman Mills questioned this expenditure, asserting that only 5-10 people were complaining about speeds. Chief Walsh stated that he would like to present something to the Board in writing. Selectman Musselman stated that the equipment with the big red numbers simply causes people to use their brakes. Chief Walsh stated that the equipment could also be used as a message board and could be used by other departments.
Selectman Musselman then referred to the Winebaum’s letter supporting Mr. Valley. Sam Winebaum, 52 Cable Rd. stated that it is almost beyond comprehension that Big Rock Rd. would have a 30 m.p.h. speed limit. Anyone driving at close to the speed would be a big hazard. He does not feel safe driving at 30 m.p.h. on Cable Rd. There should be a study of the Jenness Beach Precinct to see if the limits should be reduced to 25 m.p.h.
Speed limits in residential areas are being reduced to 25 m.p.h. around the country. At 20 m.p.h. the chance of a fatality is 5 percent if a pedestrian is hit. At 30 m.p.h. it is 37-45 percent based on a study in England, with smaller cars. At double the speed the stopping distance is four times further. At 20 m.p.h. the distance is 69 feet, at 30 m.p.h. it is 123 feet, and at 40 m.p.h. it is 189 feet, he said.
Dominique Winebaum pointed out that the transportation chapter in the Master Plan has been deemed by the Rockingham Planning Commission to be very undeveloped.
Editor’s note: The discussion on this matter continued after a brief interruption to appoint Mr. Ditto.
Reappointment of Art Ditto to Transportation Advisory Committee of the Rockingham Planning Commission (43:59 elapsed)
Selectman Jenness stated that they appreciated Mr. Ditto’s regular reporting. Selectman Mills stated that Mr. Ditto has been doing an excellent job. The motion to reappoint Mr. Ditto carried unanimously.
Letter from David Borden regarding reduction of speed limit on Wentworth Rd. (45:01 elapsed)
Selectman Musselman stated that, since the Sagamore Bridge was taken out he had been regularly driving to his office through New Castle.
Chief Walsh confirmed that the speed limit on Route 1B had already been discussed.
Victor Azzi stated that it is curious that on one side of the bridge the speed limit is 25 m.p.h., and on the other it is 35 m.p.h. Chief Walsh asserted that the speed limit changes in front of the Wentworth Golf Course. There was then discussion regarding exactly where the signs were. Chief Walsh stated that the road is a state road and that the reason for the change in the speed limit is to reduce speeds approaching the narrow bridge.
Selectman Musselman referred to the state statute referred to by Mr. McCarthy as an odd one that they have to deal with. The data must be available to support the change. The DOT has that data, he said.
Discretionary easement, Philbrick property (50:29 elapsed)
Selectman Musselman stated that the property had been taxed as current use. The assessor found out that a small swath of land separated an 8 acre piece of land from the rest, making it ineligible to be taxed at current use rates. There is a proposal that there be a discretionary easement. It is a nice piece of land to be conserved. It would provide access for hikers to get to Conservation land behind it which is landlocked. An adjacent landowner, Alden Philbrick is also willing to provide access across his land.
Town Administrator Magnant stated that there are questions about renewal and the cost to the landowner if the easement is not renewed. That could be from 0 to 10 percent of the fair market value. Selectman Musselman said that it would be a de minimis value to cover their costs of having dealt with the issue.
Discussion with Portsmouth Fire Department (53:49 elapsed)
Town Administrator Magnant stated that he had spoken with the Portsmouth Fire Chief about the consolidation discussion a month or two earlier. The discussion had been postponed until the new interim Fire Chief Lambert was on board, he said.
Selectman Musselman stated that it would be a good idea for the two Chiefs to talk. Mr. Magnant indicated that there are alternatives with regard to staffing, command staff and equipment that need to be addressed, and that the Portsmouth Fire Chief wanted to address those issues with the Board of Selectmen. Selectman Musselman indicated that those discussions would need to occur in public session. Selectman Mills suggested a separate work session. Selectman Musselman stated to Chief Lambert that there is a range of alternatives including shared management and shared staff. Portsmouth has a ladder truck two miles away. A new ladder truck for Rye would be $750,000, he said.
Mr. Magnant suggested that he meet with the two Fire Chiefs to develop alternatives in broad terms, which was agreed.
Town Hall septic test pits (57:24 elapsed)
Dennis McCarthy reported that they had gone down 8 feet to dig the test pits. There was no ledge and it appeared to be good material. There are no issues and they believe that it will serve fine.
Announcement of Town Hall Working Group meeting, Thursday 8:30 a.m. (57:53 elapsed)
Selectman Musselman announced this meeting, and indicated that there would be a discussion of structural issues. They are learning more about the historic structure and how it was built and rebuilt. There are fixes and they are learning more about that. That process will continue at that meeting, then there is a Town Hall Committee meeting the last week in September that will be announced on the Town website. They are wading through the alternatives and cost impacts, he said.
Planning Board Rules of Procedure (59:12 elapsed)
Steven Borne, 431 Wallis Rd. indicated that he had sent an e-mail to Janice, with a copy to Mike. Editor’s note: This is an apparent reference to Janice Ireland, the Selectmen’s Assistant, and Mike Magnant, Town Administrator. It has been over a month and he has not heard back from anyone regarding what happened to the 2009 Rules of Procedure sections, he said. Selectman Mills suggested that he go to the Planning Board and get on the agenda. Mr. Borne stated that he had done that. Selectman Mills then raised his voice and said “we’re not the middleman in between and we can’t answer the question.” Mr. Borne pointed out that he had met with Kim Reed and sent a number of e-mails. He is bringing this to their attention. They should be aware that something has changed without public discussion.
Selectman Musselman tersely said “noted, thank you.”
Phone system (59:43 elapsed)
Cyndi Gillespie stated that both phone system projects, for the Town Hall and for the Public Safety Building, were under budget. She is now suggesting enhancement of the system to provide voice over IP, so that outside landline use can be reduced. Editor’s note: IP stands for Internet Protocol, which is the way computers connected to the Internet communicate. Voice over IP is sometimes abbreviated VOIP. Essentially VOIP is a way to use a data connection to carry multiple voice conversations, which may reduce costs. There would be 3 lines at the Town Hall and 3 lines at the Police Department. There are allowances for trade in of the old systems so that everything would be within the budget. Ms. Gillespie confirmed that people like the new system and that it is “wonderful.” Mr. McCarthy spoke in favor and said that this had always been planned in the future.
Ms. Gillespie confirmed that the voice over IP connection would cost $1390, which is less than the amount by which they are under budget on the phone system. All were in favor of a motion approving the expenditure.
Adjournment and election announcement (64:24 elapsed)
As the motion for adjournment was being considered, Selectman Musselman announced the election the next day. All were in favor of the motion to adjourn.