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
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.