NOTES OF MAY 22, 2017 RYE BOARD OF SELECTMEN MEETING
Final Revision B – 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: Interim Fire Chief Tom Lambert, Police Chief Kevin Walsh, Public Works Director Dennis McCarthy.
Persons present from the public included: Peter Crawford, Bob Eaton, Bev Giblin, Alex Herlihy, James Tegeder.
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 6:30:00 p.m. (0:00 elapsed).
Summary
Announcements (0:14 elapsed)
Selectman Musselman
announced the Memorial Day closing and the Memorial Day ceremony.
Sealing of minutes (0:33 elapsed)
The motion of Selectman
Jenness to seal the minutes of the non-public meetings on May 15, May 18, and
the one just concluded, carried unanimously.
Public comment from Jenn Madden re:
six months to obtain approval (0:49 elapsed)
Jenn Madden referred to
her letter. Editor’s note: A letter from her
is attached to the minutes of the May 10, 2017 meeting. Ms. Madden said that she was present to
find out whether she would be getting a response to the letter. She said that she had not been treated with
courtesy throughout the process. I
applied for a permit to do work inside my building but it took six months. I continue to “be noticed” for cars parked
outside and cars parked in the roadway, things that I cannot control. Cars pull into 371 Sagamore constantly and
talk on the phone. They have nothing to
do with me and there is not a lot I can do about it. I sat in the meeting last time for three
hours. I did not know the process. I did everything right and it took me six
months to obtain a permit, she said.
Consent Agenda (4:55 elapsed)
Items A, D and F,
raising the expenditure limit before a Purchase Order is required to $500,
approving a sign request at Parson’s Field advertising Memorial Day
celebrations, and filing a letter from NHDES regarding PRAS, were unanimously
approved.
A representative from
the Energy Committee showed a proposed sign for Parson’s Field, advertising a
Solar Open House and an Energize 360 meeting.
These were immediately approved after he did that (items B and C).
There was discussion
about item E, a letter from Hampton to NHDES regarding a large groundwater
withdrawal project. Selectman Jenness
said that she assumes that this relates to Aquarion, which does not receive
enough attention. The Rye Water District
serves a large portion of town, but all of the Jenness Beach Village District
and the Rye Beach Village District are served by Aquarion. There are more and more questions about
Aquarion coming up. Stratham has
requested service from them. The pipes
in my area of Jenness Beach are rusty and in need of repair, she said.
Selectman Musselman
suggested increased monitoring of the Rye Water District and Aquarion by one of
the Selectmen. The interaction with the
Rye Water District has thus far been limited to discussion of a rate change at
the Budget Committee. Editor’s note: Rye Water District recently increased its water
rates due to a rate study that indicated that a smaller portion of the costs of
the District should be recovered through taxes, and a larger portion through
water rates. Selectman Musselman, as the
Selectmen’s representative on the Budget Committee, had pushed for this
change. Selectman
Jenness said that the Planning Board is diligent in protecting the aquifer, but
no such protection is in place for Aquarion.
Selectman Musselman said that the Jenness Beach District is authorized
by their founding documents to deal with water issues. Selectman Jenness said that, until recently,
they have not been involved in this subject area. Selectman Winslow said that he had attended the
last two Water District meetings as a private citizen. He volunteered to continue to attend these
meetings. Selectman Musselman noted that
a document that Mr. Winslow had passed along revealed that Wright-Pierce had
noted that more frequent rate changes would be needed in the future. In the past, rates have been changed only “once
in a coons age,” with increased costs added to the tax rate until someone
screams. We are going to need to watch
that, he said. Public Works Director
Dennis McCarthy noted that there was actually closer coordination with Aquarion
than the Rye Water District. The motion
to place item E on file carried unanimously.
Public hearing on legalization of election
delayed due to snow (12:52 elapsed)
Selectman
Musselman said that the purpose of the hearing was to determine whether the
Board of Selectman would ratify and legalize the postponement of the election
from March 14 to March 18 due to a snowstorm.
This is in accordance with Chapter 20:6 of the laws of 2017, he said.
Town Moderator Bob
Eaton noted the serious blizzard on March 14 which had been, at that point,
forecast for several days. RSA 40:4, II specifically
authorizes the Town Moderator to postpone a local election in the event of a
snow emergency, provided reasonable notice is given. Unfortunately the Secretary of State and the
Governor, to some degree, on the eve of the election, opined that the State of
New Hampshire does not do snow dates. In
conjunction with input from Police Chief Kevin Walsh and the Board of
Selectmen, I made the decision to postpone the election because the safety of
voters and election workers is more important than making sure that we vote on
the exact day. More voters would be
enfranchised. I made the decision then
and would make it again. However,
because the election was called into question, and towns that passed bonds
might have a bigger problem than we would, the Legislature passed a bill to
allow towns to ratify the election results.
The elections of officials has already been
ratified, he said, but, as to warrant articles, it is up to the Board of Selectmen. While I am very confident that my decision
would be upheld in a court of law, it would be foolhardy not to ratify the
decision as one never knows when someone might challenge the town’s action on
one of the warrant articles, he said.
Selectman Winslow noted
that the Town Clerk and the Assistant Town Clerk were present at the polling
place on the 14th. Moderator
Eaton noted that that was true and that their lives were put at risk to some
extent. He thanked everyone who
supported the process.
Peter Crawford said
that he supported Mr. Eaton and thought that he had done the right thing. RSA 40:4 is very clear,
the Moderator does have this authority.
RSA 669:1 says that all elections shall be the second Tuesday in March,
but the more specific provision overrides the general provision.
Mr. Crawford noted,
however, that the statute provides that, if a Deliberative Session is
postponed, the follow-on has to occur within 72 hours. That hasn’t been followed: substitute Deliberative Session have been scheduled for the following Saturday. Whether that would be legal in the event of a
snow day on the first Saturday should be looked into, he said.
Bob Eaton noted that,
when the Deliberative Session is noticed, the snow date is also disclosed, and
that also falls within the statutory period.
Selectman Musselman said that 72 hours would not work, as the
Deliberative Session would then be on a Tuesday.
Selectman Musselman
read the ratification motion. That
motion was made by Selectman Jenness and seconded by Selectman Winslow and
carried unanimously. He then referred to
a resolution but did not read it. The
motion to pass the resolution was made by Selectman Jenness, was seconded by
Selectman Winslow, and carried unanimously.
At the suggestion of Selectman Winslow, the resolution was passed
around. Editor’s note: The resolution
refers to the Rye Civic News having publicized the election delay, among other
methods used to communicate the delay to the citizens.
Moderator Eaton said
that the election was now officially put to bed.
Minutes (21:05 elapsed)
The minutes of the May
10, 2017 meeting were unanimously approved with changes. The minutes of the May 10, 2017 and May 15,
2017 non-public sessions were unanimously approved without changes.
Appointment of Brad Fulkerson to the Beach Committee (24:00 elapsed)
Mr. Fulkerson
introduced himself and was unanimously appointed to a one year term. He said that he had lived in Rye for a couple
of years. Selectman Musselman noted that
Mr. Fulkerson lives near Wallis Sands.
Possible funding sources for restoration of
Town Hall (25:20 elapsed)
David Choate, 108
Washington Rd., said that he is also on the board of the New Hampshire
Preservation Alliance. Tonight, other
members are present. Jeff Gilbert,
another Rye resident, is Chairman of the Board.
Jennifer Goodman is Executive Director and Andrew Cushing is Project
Director. The goal of the Alliance is to
find a way to preserve at least the exterior of the building.
Ms. Goodman said that
the Alliance works on 80 projects across the State every year. The Rye Town Hall was put on the “Seven to
Save” list a couple of years ago.
Mr. Choate spoke about
“mothballing” the building for another future use to be determined. He said that a lot of people in Rye want to
preserve the building but are unsure about its future. They do not want to tear it down.
Selectman Musselman
said that expansion of the existing Town Hall for use as a Town Hall is not on
the table. He referred to a slight
majority having approved the warrant article by John Loftus, however there were
no dollars attached to that. Editor’s note: See 2017 Article 34, which passed 873-700 and
refers to a design by Mr. Loftus, at no cost to taxpayers, for a new Town Hall.
Although discussions surrounding this article referred to tearing down
the existing Town Hall to make room for the new one, the warrant article does
not refer to demolition of the current building.
Selectman Musselman referred to a committee
of the School Board being formed to look at options for Rye Junior High
School. That facility could be put to
town use for much less cost.
He also referred to a
$500,000 warrant article to paint the existing Town Hall and provide
handicapped access, which failed to pass.
Editor’s note: See 2017 Article 30, which failed
702-874. There is a significant
question of whether, due to that, any
money can be spent this year. An
estimate has been received in the amount of $73,000 to scrape and paint the
building. Even if that money could be
spent, there is not enough excess in the budget to pay for that, he said. Editor’s
note: Every year, the town runs a
surplus, which adds to the unassigned fund balance. Prior year surpluses may be used to reduce
taxes the following year. In 2013-2014
the portions of the prior years’ surpluses used to reduce taxes were $818,648,
$268,722, $400,000 and $1,000,000 respectively.
One of the members of the Alliance referred
to the $500,000 warrant article not having passed due to the lack of a long-term
use for the building. Perhaps there
should be a conversation about $200,000 to “mothball” the building. Grants could also provide funding, the person
said.
There was discussion
about the percentage to be funded by taxpayers.
For smaller rural towns, 20 percent might be provided by taxpayers, and
the rest by friends, L-Chip, donations and Heritage commissions. In Wolfeboro, 80 percent was town
funded. A similar percentage should be
expected in Rye.
Mr. Choate referred to
there being a lot of misinformation out there about Town Hall features not
being exposed.
Jeff Gilbert spoke
about the need to determine the highest and best use of the Town Hall
building. Mr. Choate said that the bulk
of the voters are not willing to spend money on the interior. The exterior, however, could be
stabilized. There was discussion about
$10,000 to do an assessment. Ms. Goodman
said that grants might be available to fund that.
Andrew Cushing asked
whether money in the maintenance fund might be spent on Town Hall. Selectman Musselman said that that question
had not yet been posed to the Town Attorney.
Heritage Commission
Chairman Bev Giblin said that the concern of the Heritage Commission is with
preserving the building, regardless of the ultimate use. There has been no ongoing upkeep for several
years. Selectman Musselman agreed. Ms. Giblin said that the building is becoming
more decrepit. The Heritage Commission
is ready to raise funds, she said.
Mr. Cushing said that
it is hard to believe that there is not money within the purview of the
Selectmen to make sure that the building is not going to fall down.
Mr. Choate raised the
possibility of a preservation easement.
He said that Town Meeting approval has not been necessary in the
past. Oxford used this option.
Alex Herlihy, member of
the Heritage Commission, emphasized that the building is not falling down and
there have been recent expenditures on a new roof and HVAC system.
Jennifer Goodman asked
about the steel reinforcements that were proposed to be added to the
walls. Selectman Musselman said that, if
there is renovation for a specific use, that would
need to be addressed. Editor’s note: The addition of the reinforcements was
proposed by the architect and structural engineer in 2014 in order to meet the
latest wind and earthquake loading standards.
The scope of the renovation required bringing the building up to the
latest Building Code. That would not necessarily
be required if a project with a smaller scope is proposed.
Selectman Jenness said
that the reason that the building has not been painted is that optimists
thought that approval to renovate the building would be obtained.
There was further
discussion about a preservation easement, which Andrew Cushing stated would be
premature. Selectman Musselman referred
to creating controversy before there is a vision.
Rye/New Castle Bridge maintenance agreement
(69:43 elapsed)
Victoria Chase, NHDOT,
came to sit at the table. There was
discussion about the sidewalk or sidewalks to be part of the bridge and whether
these would be officially called sidewalks.
Selectman Musselman noted that Rye has no equipment to clear sidewalks
of snow, but that the bridge needs a sidewalk.
Public Works Director Dennis McCarthy said that no sidewalks, anywhere
in Rye, are plowed, even in the Precinct.
Editor’s note: This is an apparent reference to the Rye
Beach Village District. There was
discussion about the possibility of contracting sidewalk snow removal to the
Wentworth Hotel. Selectman Musselman
referred to $10 million having been saved by not making the bridge a lift
bridge. Ms. Chase said that the bridge
has still not received a permit. That is
a “mountain to climb,” she said. Editor’s note: This is an apparent reference to the difficulty
of obtaining approval to block access to certain vessels traversing a navigable
waterway. The current bridge lifts. There has been discussion about using the
sheltered area on the other side of the bridge to protect vessels in the event
of a major storm.
Selectman Jenness said
that, before she votes, she wants to know whether the Wentworth will pay for
the maintenance. She does not think that
Rye will.
The matter was tabled
to the June 12 meeting to allow the Town Administrator to talk with New Castle
and the Wentworth.
Ms. Chase then left.
Public Works Director
Dennis McCarthy said that the whole project would turn on whether Rye wants
sidewalks on the bridge.
Improvements needed to Ocean Blvd. (98:49
elapsed)
Scott Bogle, Senior
Transportation Planner, Rockingham Planning Commission, came to the table.
Selectman Musselman
provided the history. He said that there
have been proposals in town to limit access to the beach, but the Board of
Selectmen have, for 30 years, supported access. We are having trouble with parking, both on
Ocean Blvd. and side streets. In the
past year and a half we have proposed the installation of parking meters at
Jenness Beach to NHDOT. Two weeks ago we
received a response indicating that they were not of a mind to approve those,
as it would reduce the spaces available for people from the region,
Massachusetts and Quebec, to access Rye’s town beaches as well as the State
beaches. Their comment was that we
should work with Division Six to maintain safety without reducing the number of
parking spaces. We pulled out the New
Hampshire Byway report done two years ago.
There is a recommendation, RTP-1, applicable between Locke Rd. and
Jenness State Beach and between Old Ocean Blvd. and Wallis Rd., to reduce safety
conflicts by (a) enforcing no parking within 20 feet of intersections and
crosswalks, (b) remove on street parking on one or both sides of Ocean Blvd.
and (c) widen the pavement for bikeways.
He asked whether Scott, whether the Rockingham Planning Commission staff
had determined that these were the only solutions.
Mr. Bogle said that
they had focused on the Pirates Cove and Jenness Beach areas. An assessment of available rights-of-way had
been done. For Route 1A the Dudley
survey from the 1890s, updated in the 1940s, was referred to. It appeared that the right-of-way extended
beyond the current paved area so that additional width could be obtained. Shoulders now range between 10 and 12 feet,
but 14 feet is needed to accommodate the car, space for the door to open, and
the bike lane. At least 4 feet of
shoulder would need to be added. There
is space in the front yards of people north of Jenness Beach that is actually
in the right-of-way. However, a full
survey would need to be done, he said.
An off site parking
area of the Middle School was discussed, but there would be a substantial cost
of running the shuttle would need to be paid for by DRED. Editor’s
note: That refers to Department of
Resources and Economic Development.
Selectman Musselman confirmed that the town would not want to pay for
that.
Selectman Musselman
asked how the road improvements could be put in the ten year plan. Scott said that the widening of the shoulder
of Route 1B had been moved up to first priority in the region, out of 45
projects.
There was discussion
about a joint plan with North Hampton or with both Hampton and North
Hampton. Mr. Bogle agreed to take the
lead, but warned that it would be a two year effort and public support would be
needed at the hearings.
Selectman Jenness
referred to the lack of emphasis on drainage.
There are two sections that are overwashed in Rye, near the Harbor and
at Eel Pond.
Selectman Musselman
asked the view of the current Board of Selectmen regarding beach access. Selectman Jenness distinguished between beach
access and parking. Selectman Winslow
said that safety trumps everything. Editor’s note: Former Selectman Mills was perhaps the most
vocal proponent of beach access.
Selectman Musselman
said that, if DRED wants to provide remote parking, we could help them in
finding a site.
Selectman Winslow said
that they should not give up on banning campers.
Selectman Musselman
referred to, one Sunday morning, parking near Wallis Sands having disappeared
by decree of the Governor. He asked
about prohibiting parking on one side of Ocean Blvd. near Jenness Beach.
Public Works Director
Dennis McCarthy asked whether the Complete Roads program was a possible source
of funds. Mr. Bogle referred to that
being oriented towards design and not being a source of funds.
Energy Committee: Energize 360 program (130:16 elapsed)
Tom Pfau
addressed. He said that there had been
an open house the prior week and that there will be another one on June 7 and a
session at the Library on June 15. There
was discussion about the tax benefits of solar panels. Mr. Pfau said that $2500 is available from
the State and an additional tax benefit is available from the town, amounting
to the exclusion of the solar energy equipment from the taxable value of homes.
Editor’s note: The limit for this exemption was increased
from $15,000 to $35,000 by 2013 Article 18, which passed 653 to 408. However, there was an unsuccessful attempt at
the 2013 Deliberative Session by Jeff Quinn, Diane Bitter and Shawn Crapo to
amend the warrant article to reduce the maximum exemption to $1, which would
have effectively eliminated the credit.
All were in favor of
allowing cards describing the program to be distributed at the Recycling
Center.
Lifeguard, part-time, seasonal and call firefighter wages (137:05
elapsed)
Interim Fire Chief Tom
Lambert addressed. Town Finance Director
Cyndi Gillespie said that she and Fire Lieutenant Jake McGlashing had already
presented this to the Selectmen. The motion to approve the
wage changes carried unanimously.
July fireworks approval (138:37 elapsed)
Interim Fire Chief Tom
Lambert addressed. He said that the
fireworks would be the same as the past ten years. There have been no complaints. There were separate votes on the July 3
fireworks at Sawyers Beach by the Beach Club and the July 4 fireworks, as a
town event, at Parson’s Field. Both
carried unanimously.
There was discussion
about the recently-enacted ban on private fireworks, absent a permit. Police Chief Kevin Walsh said that the
situation has improved. There have been
a couple of tickets issued, he said.
Harbor Road Bridge weight limit (141:13
elapsed)
Editor’s note: See the notes of
the May 10, 2017 meeting at which the engineer presented various options to
refurbish this bridge and disclosed that its weight-bearing capability was less
than had been thought. Selectman Winslow
lives on the far side of this bridge.
Selectman Winslow noted
that the minutes of the May 10 meeting do not disclose the weight capacities
associated with each of the various options.
He said that he had talked to a couple of constituents on Harbor
Rd. There are 24 properties on Harbor
Rd. assessed at a total of $27.459 million, paying annual taxes of
$307,540. He also said that he had
talked to D.F. Richard. They have oil
trucks that are 16 tons, just over the limit.
Selectman Musselman
interrupted, saying that it varies depending on the number of axles. Public Works Director Dennis McCarthy
described how varying weight limits, based on the number of axles, had been developed.
The new limits would be:
2 axles 15 tons
3 axles 23 tons
5 axle tractor-trailers 36 tons
Selectman Musselman
asked about four axle trucks, asserting that rock trucks may fit in this
category. Mr. McCarthy said that these
would need to be addressed individually.
He said that the actual load postings had just been obtained from the
engineer. There is still a problem with
the 23 ton limit. Service trucks may
have to come in half loaded. Septic haulage
trucks will need to come in empty.
Selectman Winslow said
that he talked with a concrete company.
Their trucks are 18 tons empty.
Each yard of concrete is 2 tons, so truck with 10 yards of concrete
would weigh 38 tons total. Mr. McCarthy
said that they are 3 axles, so would be limited to 23 tons.
Selectman Winslow said
that he had talked to Philbricks Septic which should be OK. Their trucks are 19 tons full.
In the case of sea wall
work after a significant storm, Selectman Winslow talked to Greg Bauer. His 10 wheel dump trucks are 15 tons
empty. He fills them
three-quarters full, which would be 35 tons.
Mr. McCarthy said that, if the truck is three axles, it would be limited
to 23 tons.
Selectman Musselman
asked about trucks that are longer than the bridge. Mr. McCarthy said that some are. Then not all axles are on the bridge at once
and they can make a request for an exception.
Selectman Musselman
referred to limiting the speed to 10 m.p.h. to limit
the impact of the heaviest wheel. Mr.
McCarthy said that he thought that this had already been taken into
consideration.
Mr. Winslow said that,
to move rocks, an excavator is needed.
That weighs 32 tons. Mr. McCarthy
said that he would then be over the limit applicable to five axle vehicles, but
he could apply to bring it in on a six or eight axle bed.
Mr. McCarthy said that,
if limits are not posted, the town, and even the Selectmen, could be
liable.
Selectman Winslow said
that option three should be considered, which would increase the limit to
99,000 pounds. He referred to a fund
available, according to his conversation with the DOT Director. She says that there is money available for
“shovel ready” projects, he said.
Selectman Musselman
asked whether the engineering should be stopped and a $325,000 warrant article
placed next year.
Selectman Winslow said
that it’s like the Town Hall. It can be
painted, but that would be like putting lipstick on a pig.
Selectman Musselman
argued that, due to the future availability of grants, the same thing could be
accomplished by spending $100,000 now, and $60,000 ten
years from now. Everyone would think
that that’s a good idea, he argued.
Selectman Winslow noted
that the service life would be 35 years, more than twice as long as the other
option.
Selectman Musselman
said that he had had a discussion with the bridge engineer at his firm, and
that it typically comes down to rock trucks being the most significant
constraint.
It was agreed that
there two week delay in the decision to have the engineer, Hoyle Tanner, come
back in and talk about the funding of Option 3.
In the meantime, Mr. McCarthy said that he would order the signs, which
would not be ready for two weeks anyway, so that they could be installed right
away once the ordinance has been adopted.
Fuel oil bids (163:48 elapsed)
Public Works Director
Dennis McCarthy said that Atlantic Fuel is the low bidder this year at $1.79
per gallon for number 2 fuel oil, and $1.86 for
blended fuel oil. Diesel is 8 cents over
the rack price. Hanscom Truck Stop,
which is currently doing all four, is still the low bidder for gasoline at 14
cents over the rack price. The prices
this year are $1.72 for number 2 and $1.82 for blended and 9 cents over the
rack price for diesel. Gasoline, he
believes, is already 14 cents over rack.
Animal Control Officer and beach drinking issues (165:47 elapsed)
Police Chief Kevin
Walsh addressed. He said that two of the
seasonal parking employees are interested.
There has been a lack of applicants.
They will work this summer with Greg, whose hours will be cut back. There are no benefits. The days that the employees are not doing
this they would be doing parking enforcement.
The discussion turned
to other beach enforcement issues. Chief
Walsh said that drinking on the beach is continuing. People who have been getting tickets are
shocked that the police are there. It is
important that a cruiser with a tablet be nearby so that ages can be
checked. People will lie about
that. Liquor enforcement will do
undercover work. There is also the need
to perform tests as some are combining Gatorade and hard liquor, he said.
Awards to EMS Staff by Portsmouth Hospital (172:11 elapsed)
Interim Fire Chief Tom
Lambert announced that, in addition to Rye being selected department of the
year, Lieutenant Jake McGlashing had been selected EMS provider of the year due
to his interaction with hospital staff.
Beach outhouses
Public Works Director
Dennis McCarthy announced that these would be going up in the next week. The enclosures are in horrendous shape. A decision is needed on whether or not to
build new ones.
That led to discussion
about the reason for the enclosures.
Apparently neighbors did not like the way that the outhouses
looked. It was revealed that there are
problems with detritus, such as needles and mirrors, falling down between the
inner and outer structures.
Adjournment (181:13 elapsed)
Whereupon
the meeting adjourned at approximately 9:31 p.m.