NOTES OF JUNE 12, 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.  Not present:  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. 

 

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 6:53:20 p.m. (0:00 elapsed).

 

Summary

 

1.      The Seacoast Greenway bike trail project is picking up steam as DOT and Pan Am are now closer to agreeing to the price for the former Eastern Railroad right-of-way.  Several residents and the Selectmen appear to support.  Only ¼ mile would be in Rye.

2.      Reduced weight limits, that will seriously curtail access by cement and rock trucks, were adopted for the Harbor Rd. Bridge.  While $100,000 will likely be spent this year and next to refurbish the bridge, those expenditures would not increase the weight limits and are a stop gap until 2028 when grant funds would be available to pay 80 percent of the bridge replacement cost of $300,000.

3.      A firm will be hired to assist in further tightening of the septic ordinance with the possibility of inspections being required upon property transfer, and high tech systems being required in critical areas.

4.      The decision on seeking a grant for painting the Town Hall exterior was deferred after concerns were raised with a condition that would prevent the Town Hall from being demolished.

 

Announcements

 

            There were no announcements.

 

Sealing of minutes (0:25 elapsed)

 

            The motion of Selectman Jenness to seal the minutes of the non-public sessions on May 22, and the one just concluded, carried unanimously.

 

Public comment from Fire Chief Tom Lambert (lost child) (1:20 elapsed)

 

            Chief Lambert referred to an incident with a lost child at Cable Beach.

 

Consent Agenda (2:41 elapsed)

 

            Items A through F were unanimously approved without discussion.  Item G was pulled from the consent agenda to raise the issue of the authorized number of members for the Historic District Commission.  Once Selectman Winslow provided the figures and indicated that a vacancy was created when he was elevated to Selectman, the appointment of Charles Hoyt as a full member of the HDC was unanimously approved.

 

Minutes (5:36 elapsed)

 

            The minutes of the May 18, 2017 meeting were unanimously approved without changes.  The minutes of the non-public session of the same day were unanimously approved with changes provided by Selectman Jenness to the Town Administrator to be incorporated in the minutes.  The minutes of the May 22, 2017 meeting were unanimously approved with changes.  The minutes of the non-public session of the same day were unanimously approved without changes.  The minutes of the May 30, 2017 meeting and the non-public session of the same day were unanimously approved without changes.

 

Access to beach for Bauer Construction (11:18 elapsed)

 

            It was agreed that access at 2234 Ocean Blvd. would be provided for the removal of sand along the seawall, provided that that it is done on a rainy morning so that there will be fewer people on the beach.

 

Seacoast Greenway bike lane project, update by Rockingham Plng. (12:45 elapsed)

 

            Scott Bogle of the Rockingham Planning Commission presented.  He stated that the East Coast Greenway extends 2900 miles from Canada to Key West.  It consists of a knitting together of trails.  Currently only 35 percent is off road.  Mr. Bogle named the communities through which the New Hampshire portion would pass, which include Rye and the other coastal communities, as well as Greenland.  He said that, ultimately, the Seacoast Greenway would consist of community trails in each location. 

            The Seacoast Greenway will follow the Eastern Railroad right-of-way.  That railroad was built in 1839.  Currently the state owns the southern 4.5 miles, but the northern portion is privately owned.  Between 2012 and 2014 Pan Am had abandoned the railway, which had been inactive for five years.  There is state DOT funding to buy the land, but, after three years of negotiations, there is still not agreement on the price.  There has been recent movement on the price, however, Mr. Bogle said. 

            There would only be about .25 miles in Rye, Mr. Bogle said.

            Selectman Musselman asked about a box culvert.  Mr. Bogle said that Rye would be responsible for maintaining that.  He said that their estimate of maintenance costs is $1000 per mile per year if each community’s public works department is used.  There was discussion about whether this culvert could be for Berry’s Brook, given the size. 

            There was discussion about equine access.  Mr. Bogle said that this is required under the terms, however a separate section is typically devoted to horses.

            There was discussion about motorized vehicle access.  Mr. Bogle said that 23 U.S.C. §2 would apply.  That prohibits motorized vehicles other than snowmobiles and vehicles for the handicapped.

            There was discussion about policing.  Mr. Bogle said that the communities would do the policing.  There would actually be fewer problems he asserted, as increased traffic would drive out illicit uses. 

            Selectman Musselman was in favor of the project, however he noted that he had always been in favor of using the right-of-way to extend the “T” to Portsmouth. 

            A number of residents spoke, mostly in support of the project.

            Selectman Musselman said that Rye would probably support the project, although they need to look at the maintenance costs.  He said that Rye was unlikely to block the project given that it only has a quarter mile.

            It was agreed that a site walk would be scheduled to view the area.

 

Harbor Rd. weight limits (58:43 elapsed)

 

            Selectman Phil Winslow recused himself from the discussion as a Selectman, leaving the table and sitting in the audience.

            Selectman Musselman referred to the bridge impacting 24 homes, and the availability of a grant to cover 80 percent of the cost in 2028.

            Public Works Director Dennis McCarthy, as well as Aaron LaChance and Matt Lowe from Hoyle Tanner came up to sit at the table.  The proposed sign establishing new weight limits was visible behind them.  It referred to three limits, depending on the type of vehicle:

 

                        2 axles             15 tons

                        3 axles             23 tons

                        5 axles             36 tons

 

            The types of vehicles are illustrated with silhouettes on the sign.

            One of the Hoyle Tanner representatives related how they had found the 1977 drawings for the bridge.  If the NHDOT procedure was followed, the bridge would be limited to 15 tons.  However, they worked with them to permit use of the Massachusetts method of establishing weight limits.  The proposed project to improve the bridge short-term would not increase the weight limits. 

            The 15 ton limit for two axles assumes a 14 foot spacing between them.  Concrete trucks would in most cases fall within the 23 ton limit.  The 36 ton limit would apply to detached rear trailers.  The front of the truck would be off of the bridge before the rear is on it, he said.

            Selectman Musselman asked about rock trucks.  The response was that these are typically 40 tons with 3 rear axles. 

            There was discussion about septage and fuel oil trucks.  A Hoyle Tanner representative said that these would have to be scheduled so that they would cross the bridge at a point in the day when they are relatively empty.

            There was discussion about getting on the list for state aid.  No real commitment is required, just a demonstration that there are some funds available. 

            Selectman Jenness expressed concern about rock trucks needing access.  She said that some of the rocks for the jetty came in one per truck.  The response was that Public Works could work with the truck driver.  As much as a 30 percent increase is possible if the truck moves slowly.

            Selectman Winslow, speaking from the audience, related how he had shored up his 200 feet of ocean frontage by purchasing large concrete blocks from Breakfast Hill.  He also passed out a sheet showing the weights of the various vehicles.

            There was discussion about infrequent high loads traversing the bridge on trucks moving slowly, with no braking or gear changing allowed on the bridge.

            There was discussion about the safety factor in the design.  Selectman Musselman said that it is typically 1.5 times or more. 

            Selectman Musselman referred to the choice as being between spending $100,000 now to make some bridge improvements, with $60,000 more to be paid as a match once the grant becomes available, and spending $300,000 now out of town funds. 

            Several residents of Harbor Rd. spoke.  One noted the poor condition of the road, and hot top sliding into residents’ yards every time it rains.  Public Works Director Dennis McCarthy said that they are planning to repave, but water mains in the area keep breaking.  They are waiting for Rye Water District to finish their work. 

            One of the residents asked about a temporary fix to increase the capacity now.   The response was that that could be done for about $170,000, with another $60,000 for engineering. 

            Public Works Director Dennis McCarthy described the options as:

1.      New deck only

2.      New deck together with the structure underneath

3.      Replace the entire top portion (essentially new bridge)

 

            There was a question about the weight of the Fire Department’s pumper truck, fully loaded with water. 

            There was discussion about the advantages of keeping the bridge a single lane.  It prevents two trucks from being on the bridge at the same time and keeps people from speeding.  One of the residents spoke about vehicle traveling at 50 m.p.h. on Harbor Rd.

            Selectman Jenness made a motion to adopt the new weight limits.  Selectman Musselman seconded.  Both were in favor.  Selectman Winslow, who was still sitting in the audience, was not observed voting.

 

Parking in front of 1311, 1312, 1313 Ocean Blvd. (108:05 elapsed)

 

            This matter was postponed.

 

Quit claim deed for paper street to Charlene Williams (108:24 elapsed)

 

            The motion to approve this carried unanimously.

 

Sewage Disposal System Review RFP (109:27 elapsed)

 

            Peter Rowell presented.  He said that there would be grant funds available to pay for this project, which would provide assistance for rewriting of septic ordinances.  Editor’s note:  In 2016, voters approved, 1172-293 (Article 18), which requires property owners within the Parsons Creek Watershed to have their septic tanks pumped periodically (typically every three years), after providing notice to the Building Inspector so that the pump outs can be witnessed.

            Selectman Musselman referred to the ongoing work of the Parsons Creek Committee.  They are looking at proposing an ordinance to require a septic system investigation on transfer of properties.  There is no precedent for this in New Hampshire, although Massachusetts has this type of requirement.  The Town Attorney believes, however, that this should be permissible, he said.

            The second possible ordinance that the Parsons Creek Committee might propose is that very critical areas of the Parsons Creek Watershed would have high tech septic systems required.  These would cost $10,000 to $20,000 more.  A rationale would be needed to justify this.  This has not yet been passed by the Town Attorney, he said.

            The motion to permit the town to enter into the proposed contract with HydroAnalysis, Inc. for $10,000 and to move grant funds around carried unanimously.

 

Fireworks permits 2575 Ocean Blvd. and Surf Club, 1200 Ocean Blvd. (117:33 elapsed)

 

            The motions to approve these permits (2575 Ocean to occur July 2 and Surf Club July 1) carried unanimously.  Editor’s note:  There will also be fireworks on July 3 at the Rye Beach Club on Ocean Blvd.  That annually requires closing of the road to traffic.

 

Retaining wall at Town Hall (124:20 elapsed)

 

            Town Administrator Magnant said that he had noted some damage to the wall.  Public Works Director Dennis McCarthy noted that some rebuilding would be required.  He will report back to the Selectmen regarding costs.

 

Meeting with Rockingham County regarding county fiscal year and dispatch changes (128:51 elapsed)

 

            There was discussion about the possible dispatching system changes.

 

Rye/New Castle Bridge Maintenance Agreement (130:38 elapsed)

 

            Editor’s note:  See the notes of the May 22, 2017 meeting at which there was discussion about the inability of Rye to provide snow removal from sidewalks on the replacement bridge to be constructed between Rye and New Castle.  The maintenance agreement would require this to be done.

            Town Administrator Magnant said that he had reached out to the manager of the Wentworth Hotel and that the Hotel was not willing to take responsibility for clearing the sidewalk.  The Town Administrator of New Castle said that they do no plan on clearing their portion of the sidewalk.  Editor’s note:  At the prior meeting, Mr. Magnant stated that they believe that the boundary between the towns runs through the middle of the bridge.

            The quandary of having the Town enter into a contract that it would immediately be in violation of, due to the inability of the town to remove snow, was discussed.  The risks were discussed. 

            It was agreed that the Town Attorney’s opinion would be sought and the issue addressed at a special meeting the following week.

 

Town Hall LCHIP application (145:28 elapsed)

 

            It was revealed that the application is for a $120,000 grant, of which $75,000 is for the painting of the Town Hall exterior, $20,000 is to replace clapboards and trim as required, and $25,000 is for a Historic Structures Report.  If the grant is accepted, the Town would be unable to sell or demolish the building, or alter it in a way that does not comply with the standards of the Secretary of the Interior for historic buildings. 

            Selectman Musselman referred to the problem being that it would need to be assumed that John Loftus would be moving forward with a warrant article to demolish the Town Hall and build a new one that he is designing.  Editor’s note:  In 2017, Article 34 passed, 873-700.  It provides for Mr. Loftus and the architectural firm retained by him to provide, at no cost to the Town, a conceptual design for a new Town Hall.  It does not state that the existing Town Hall was to be demolished, although that is his plan.  If the grant is entered into, Selectman Musselman said, the grant provider could obtain an injunction to prevent demolition of the Town Hall.  He said that the discussion with the Town Attorney had suggested the option of applying now and possibly turning down the grant if the Town is to proceed with demolition, or the option of a special town meeting. 

            Selectman Musselman said that he is afraid that the timing is off.  There can be no commitment until April 2018.  He raised the possibility, however, of submitting the grant application now, but waiting to have the agreement ratified at the 2018 Town Meeting.  The application is due June 23.

            It was decided that this issue would also be addressed at the special meeting the following week.

 

Revised policy on Committees and Commissions (156:44 elapsed)

 

            There was discussion about whether alternates would be covered by this same process.  It was agreed that they would be.  The motion to approve the policy with the changes discussed carried unanimously.

 

Organizational chart (165:18 elapsed)

 

            It was agreed that this would be deferred to a meeting when Town Finance Director Cyndi Gillespie could be present.

 

Adjournment (166:00 elapsed)

 

            Whereupon the meeting adjourned at approximately 9:35 p.m.