NOTES OF JANUARY 25, 2016 RYE BOARD OF SELECTMEN MEETING
Final Revision B – Provided by the Rye Civic League
Editor’s
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The video starts
at 6:33:22 p.m. (0:00 elapsed).
Present (clockwise around table): Town Administrator Michael Magnant, Selectmen Musselman, Jenness and Mills, Town Finance Director Cyndi Gillespie.
Also present and sitting in the audience: Public Works Director Dennis McCarthy, Police Chief Kevin Walsh, Interim Fire Chief Tom Lambert, Planning Administrator Kim Reed.
Persons present from the public included: Randy Bamberger (Islander Magazine), Steven Borne (arrived at approximately 6:52 p.m.), Peter Crawford, Bill Epperson, Denis Lipman, Sam Winebaum
Summary
Announcements (0:55 elapsed)
The Deliberative Session on January 30, 2016 was announced.
The Consent Agenda item, a letter from Connie Olson, thanking the
Selectmen for allowing Senior Serve to continue to house the Senior Serve van
in the old Police Station. The
consent agenda was approved and the letter was placed on file.
Minutes (2:44 elapsed)
The minutes of the January 11, 2016 meeting were unanimously approved with changes. The minutes of the January 19, 2016 meeting were unanimously approved without changes.
Appointment of Denis Lipman to the Mosquito Control
Commission (5:48 elapsed)
There was a letter from Mr. Lipman and a letter in support by Chairman Tom Aspinwall. Selectman Mills and Mr. Lipman stated that they had not yet met each other. Mr. Lipman asked for Selectman Mills’ name. Public Works Director Dennis McCarthy said “oh, you’ll learn it.” In response to a question from Selectman Musselman, Mr. Lipman, who was speaking with an accent, said that he was from England, not Australia. The motion to approve Mr. Lipman’s appointment for a three year term carried unanimously.
Long Range Planning Committee
presentation of contract (7:35 elapsed)
Planning Administrator Kim Reed passed out copies of a document. She stated that there was a plan to update three chapters of the Master Plan. She stated that the Selectmen have a copy of the contract and they would like to hire the Rockingham Planning Commission (RPC) to help rewrite the Natural Resources, Land Use and Transportation chapters.
Selectman Musselman asked whether this had been budgeted for this year. Ms. Reed confirmed. All were in favor of Selectman Musselman’s motion to approve.
Letter from Historic District Commission
regarding 541 Washington Rd. (9:20 elapsed)
Editor’s note: 2016 Warrant Article 4 proposes to acquire
this parcel, which is directly northeast of the Public Safety Building, and
which currently includes a house, for possible use as a Town Hall site, or
other uses. The appropriation would be
for $460,000 while the appraisal is for $410,000. Click here
to see the appraisal. Click here
and here
to see the notes of the 2016 Deliberative Session discussing this article.
Selectman Jenness read a letter from Phil Winslow, Chairman of the Historic District Commission relating to the purchase of this home. It states that the home is in the center of the Rye Historic District and requests that the “town strictly abide by section 303 of the Rye Zoning Ordinance entitled Historic District.” The letter quotes section 303.2 which refers to encouraging the maintenance and restoration of culturally significant buildings and insuring that alterations of buildings and uses are “in visual harmony with their neighbors” Editor’s note: The copy of the letter attached to the Town minutes (page 8 of pdf, click here) uses red letters to emphasize “to encourage their maintenance and restoration,” “District are in visual harmony with their neighbors,” and “conserve and maintain property values in such District, foster civic beauty…” The letter states that the home at 541 Washington Rd. “is in the heart of the Historic District and its maintenance and upkeep is critical to the value we place on our Historic District and to maintaining the property values within the District.” It ends by noting that the vote to send this letter at the January 5, 2016 meeting was unanimous.
Selectman Jenness stated that the letter would be placed on file.
Letter from Mel Low, Rye Congregational Church re: tree removal (11:40 elapsed)
Selectman Jenness stated that Mr. Low is on the property committee of the church. She said that they are referring to four evergreens which are blocking the view of the church coming north on Washington Rd. He is requesting removal of certain trees.
Selectman Musselman asked whether the Church was proposing to pay for the removal. Public Works Director Dennis McCarthy stated that he had not spoken to Mr. Low, but that it did not sound like it.
Selectman Jenness stated that originally the area had no trees, but was a parade ground.
Selectman Musselman said that it could be again, to the extent that a militia is ever needed.
Selectman Mills suggested that they be cut down and he would see if they volunteer to pay for that.
Selectmen Musselman and Jenness stated that it should be at the Church’s cost. Selectman Musselman said that, if it is a safety issue, it should be at the Town’s cost.
Selectman Musselman said that if the trees come down the stumps would need to be removed.
Selectman Mills stated that the trees are not of importance to him as it they are not hardwood. Selectman Musselman said that Selectman Mills would not get the wood even if it was hardwood.
Town Administrator Magnant suggested that the motion to approve removal be contingent on HDC approval. All were in favor of the motion to approve the tree removal.
New business, Selectmen
recommendations on non-money warrant articles (16:33 elapsed)
Peter Crawford stated that he saw, on the warrant that had gone out that morning, that there are two warrant articles that have recommendations by the Selectmen opposing the articles. Those are not money warrant articles, he said. He stated that he believes that this is the first time that this has been done.
Selectman Jenness agreed that this was the first time.
Mr. Crawford stated that he could not find a statute authorizing this. He referred to RSA 39:3 which permits only minor changes to warrant articles.
Selectman Musselman stated that this is not based on the existing statute, but on court precedent in the past two years. The legal advice that they have is that this is an acceptable thing for a Board of Selectmen to do, he said.
Mr. Crawford asked for the name of the case. Town Administrator Magnant cited Olson v. Town of Grafton. Mr. Crawford said that he would look it up.
Editor’s note: This case is from the Grafton Superior Court,
Docket No. 215-2015-CV-00057. The
decision was issued on March 10, 2015.
It has been appealed to the New Hampshire Supreme Court, case
2015-0264. Oral argument before five
judges was heard on January 7, 2016. A
decision is pending. The decision of the
Grafton Superior Court has no binding effect in Rockingham County, but may be
instructive. A decision of the New
Hampshire Supreme Court would be binding.
Islander Magazine, Randy Bamberger
(17:52 elapsed)
Editor’s note: See the notes of the August 26, 2013 and
October 28, 2013 meetings at which Mr. Bamberger sought to get the Town
directly involved in the magazine.
Separate editions of the magazine go out to particular communities. In the past, the Selectmen have told Mr.
Bamberger that his company was free to publish an edition of the magazine for
Rye, but the Town would not enter into a formal relationship.
Mr. Bamberger spoke about doing an arrangement with the Recreation Department and asked whether this would be against Town policy.
Selectman Mills stated that he did not have a problem, but referred to overly aggressive people in town who are disseminating information that may not be true.
Selectman Musselman stated that he did not think that it was appropriate. He did not want to have monthly requests made of overburdened town employees.
Selectman Jenness stated that they have to be very careful not to confuse official memoranda with things that people look at.
(23:03 elapsed)
Mr. Bamberger stated that the Islander has been published in New Castle for 39 months, and in Stratham for 14 months. What goes into the publication is very much dictated by the community. It is not a “pick me up” publication but it is mailed only to townspeople. Advertisers get only one copy.
Selectman Musselman asks who edits the publication to ensure that the information provided is consistent with Town policy. He stated that the Heritage Commission could give them anything that they want and it would go out with the imprimatur of the Town.
Mr. Bamberger stated that they do not have to deal with the Town in order to publish their magazine, however if there is something that they don’t want, the magazine would not do it.
Selectman Jenness referred to the Town Newsletter going into every home. They try to make sure that there are no errors. It is a huge effort, she said.
Selectman Musselman moved that the Board of Selectmen take no action on Mr. Bamberger’s request. Selectman Jenness seconded. The vote was 2-1, Selectman Mills opposed.
Steven Borne, Rye Civic League, re: identifying official statements (35:45
elapsed)
Selectman Jenness read Mr. Borne’s letter.
Mr. Borne, 431 Wallis Rd., spoke, indicating that he understands how it can get confusing, however it is very rare that the RCL would need to speak to address a Town board. At times the RCL has been requested by a group to help communicate something. There have been a couple of times when something has happened in town, such as the mystery of the Rules and Regs procedures, or when the ZBA went to voting, the RCL voted to communicate to the Board. Other times he has shared information of interest that he has learned from the Civic News.
Editor’s note: The Town voted in 2012 (see warrant article
28), 1013-296 to have the members of the Zoning Board of Adjustment (“ZBA”)
elected rather than appointed by the Board of Selectmen. Following that vote, the Board of Selectmen
voted to appoint Ben King to a three year term on the ZBA. The Board of Selectmen were
on the verge of appointing Patty Weathersby as well when Mae Bradshaw objected
and the matter was tabled. Subsequently,
there was a letter sent from the Civic League arguing that the Town Attorney’s
opinion letter stating that the Board of Selectmen could, until 2013, continue
to appoint ZBA members for three year terms was not consistent with the
law. Subsequently, Mr. King resigned
without ever having attended a single ZBA meeting after his reappointment, and
the Board of Selectmen never appointed Ms. Weathersby as a regular member of
the ZBA. The ZBA operated with
alternates to fill the two empty slots until Ms. Weathersby and Burt Dibble
were elected in 2013 to fill the two open slots for the remaining two
years. Incumbent Ray Jarvis was
reelected to fill the single three year slot opening up that year.
Mr. Borne continued, saying that, when someone from the RCL is speaking on behalf of the Civic League, the board member will hold up a sign saying “Speaking for the Rye Civic League.” Mr. Borne held up a sign so stating. If you do not see someone holding up such a sign, you are speaking with an individual. Typically, the Civic League board members would discuss it beforehand and there would have been a vote, he said. Mr. Borne asked whether this would work.
Selectman Mills asked about the collection of petitioned warrant article signatures. Mr. Borne stated that the Civic League does not do that.
Selectman Musselman stated that he is a member of an international non-profit. He has had training in the function of corporate boards. In that realm, he cannot take his board hat off in any venue. He has to behave in a way that is consistent with the mission and policies of the organization. He cannot take that hat off and act in a different way, he said.
Mr. Borne stated that the Civic League would be having its regular meeting on Wednesday. Thursday will be the annual presentation of the budget. The Civic League will bring water to the Deliberative Session. Pizza will be discussed at Wednesday’s meeting, but will probably not be provided. Candidates’ Night is tentatively scheduled for February 29, he said.
Presentation on scan of Town streets
(45:03 elapsed)
Public Works Director Dennis McCarthy presented, using a computer to display screens from the software tool used to display the condition of the streets. Street Scan, which is associated with Northeastern University and is based in Burlington, MA, was paid $47,000 for the work. This was a much reduced price, Mr. McCarthy said.
Mr. McCarthy displayed a map showing the condition of Town roads. Those that did not exceed a particular “Pavement Condition Index” (PCI) were displayed in red. It appeared that these were Love Ln., Harbor, Clark and Parsons Roads and a number of cul-de-sacs. He stated that the condition of Rye’s roads is very good.
Selectman Musselman stated that Manchester had done a similar scan a year earlier, and there was a sea of red.
Mr. McCarthy stated that 80 percent are above the critical PCI level of 55, and the average is 69. There are 8-9 miles out of 43.1 miles total that are below the 55 level. The breakdown of road conditions is as follows:
Reclamation required 3.7 miles
Rehabilitation (mill and overlay) needed 17.4 miles
Crack sealing needed 15.2 miles
Defer 6.7 miles
It would cost $5.244 million to restore all of Rye’s roads to 100 percent, Mr. McCarthy said. The Town should get around to that over 15 years. Dividing the $5.244 million by 15 gives an annual cost of $350,000. The paving budget has been increased to $300,000, so this is not far off, he said.
Mr. McCarthy said that, this year, the plan is to shim and overlay Parsons Rd. Clark is also near the top of the list. Some of the worst roads are near the beach, but these may not be done this year. Love Ln. is also in bad shape. The section by the Post Office has been reshimmed and will hold for a number of years. It would cost $100 per foot for about 700 feet to dig down two feet to redo, he said.
Selectman Musselman asked whether the data had changed any priorities. Mr. McCarthy said that it had not changed them much. However, they only plan 1-2 years ahead and were aware of the need to redo Parsons. The scan takes photographs of every meter of road, he said. It also does an elevation profile so it can be seen where catch basins are needed. The Boulevard was scanned, but the State has the data, not the Town. Editor’s note: Ocean Blvd. is a State road. Mr. McCarthy said that he would like to repeat the scan every 4-5 years.
Selectman Musselman asked whether the software will allow a dollar figure for the road maintenance budget to be plugged in to see if the PCI level would rise or fall. Mr. McCarthy stated that he has been informed that this could be done, but it hasn’t been yet. Selectman Musselman stated that, until 2008, there was a higher level of investment in roads. The level that keeps the roads at an even level of condition is what is being sought, he said.
Selectman Jenness asked about the effect of the price of oil on paving costs. Mr. McCarthy responded that asphalt is a funny commodity. It used to be made from whatever was left over, but now must be specially made. Only a few can do this, he said.
Sam Winebaum referred to this being a fantastic tool. He pointed out that it had identified a spot on Cable Rd. that is getting tons of extra water.
Steven Borne asked how usage is factored in. Mr. McCarthy responded that the software had not taken into account traffic volumes. We need to add that, he said.
Mr. Borne referred to Sagamore having been redone, but is getting bad again.
Mr. McCarthy stated that the budget has been increased since he arrived, and the Town is getting close to where it needs to be.
Bill Epperson said that he cannot believe that he and Mr. Borne are agreeing. Roads do not deteriorate at the same rate, he said.
Mr. McCarthy said that the traffic affects road condition, but not as much as people think. The age, sun and maintenance are the biggest factors, he said.
Mr.
Epperson spoke about the Planning Board requiring traffic studies for any
significant subdivisions. Editor’s note: Mr. Epperson is Chairman of the Planning
Board.
Mr. McCarthy stated that the majority of Rye’s roads are at 75-80 percent. There is a lot of green, which is good, he said.
We need to stay in good shape, Selectman Musselman said.
Peter Crawford, 171 Brackett Rd., said that the money for the scan was well spent. However, taking the $5.4 million, which is the cost to bring all of the roads to perfect condition tomorrow, and dividing by 15 years might be a little misleading. As Selectman Musselman indicated what you really want to know is what it would cost to keep us where we are or perhaps improve a little bit and then stay at that level, he said. He said that the numbers are not available for that. He asked whether that could be estimated. He asked how long a road lasts.
Mr. McCarthy stated that something needs to be done to a road every 15 years. You want to do as little as possible, which is why crack sealing needs to be done. Our roads are old roads that were paved over. They were not built to be good roads. What the 15 years and $350,000 doesn’t take into account is the acceleration of costs.
Mr. Crawford stated that, if you start now and spend the $350,000 annually, the roads that are in great shape now will be in horrible shape in 15 years.
Mr. McCarthy stated that they would not be in horrible shape, but they would be ready for something. Hopefully it would be something simple like a light shim and overlay, he said.
Mr. Crawford stated that he did not believe that we had enough data to do the calculation. Perhaps the $350,000 is not enough, he said.
Mr. McCarthy stated that they wanted to start somewhere. This year they are starting at $300,000. Next year they would look to see if it should be increased or decreased. But, he said he knows that they are not going to decrease it.
Selectman Musselman referred to Parsons, Clark and Love Ln. Mr. McCarthy stated that he did not think that they would get to Love Ln. as Central Rd. has been started but not yet done. There are still some sections of Central in that are yellow. The Town has been doing little pieces of roads but doesn’t finish entire roads, he said.
Mr. McCarthy provided additional information about the road plans and stated that the road in front of Selectman Mills house is green. He said that they wanted to do Parsons, Pollock and a big section of Central this year. Then maybe some of the smaller red roads could be done. Clark may be done the following year, depending on whether the Rye Water District can do Parsons this year. Love Ln. does not get as much traffic, he said.
Bill Epperson asked whether there was an algorithm that could be used to do the budget. Mr. McCarthy stated that they will have all 15 years of a program laid out with a cost, and then see if that would work.
Selectman Musselman said that, while other towns always have had a consulting engineer involved, he does not recommend that for a town the size of Rye.
Non-public session (90:11 elapsed)
There was a vote to go into non-public session for personnel at the request of the Police Chief. Also, it was revealed that Finance Director Cyndi Gillespie had requested a non-public session for reputation. The roll call vote to go into non-public session carried unanimously at approximately 8:04 p.m.