NOTES OF SEPTEMBER 25, 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: Police Chief Kevin Walsh, Fire Chief Mark Cotreau, Public Works Director Dennis McCarthy, Recreation Director Lee Arthur.

Persons present from the public included: Victor Azzi, Steven Borne, Lori Carbajal, Peter Crawford, Joe Cummins, Paul Goldman.

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 6:29:09 p.m. (0:00 elapsed).

Summary

1. There was a moment of silence for Father Mo, who had passed away the prior Saturday.

2. The Heritage Commission Fall Cruise on October 2 was announced. Proceeds will be used for the painting of Town Hall.

3. The town-wide revaluation was approved, with approximately 600 properties having changed in value from the previously-proposed revaluation following meetings with property owners. The total town valuation is up approximately 13 percent over the pre-revaluation figure, to over $2.2 billion (including non-taxable parcels and exemptions).

4. Preliminary design of a salt storage facility is proceeding. It is expected that bids will be obtained prior to the Deliberative Session, and that there will be a bond warrant article in 2018 to pay for a building with double the existing capacity.

5. State Senator Dan Innis was present to talk about issues facing Rye. Chief among those, from his perspective, were the Coakley Landfill, PFCs and Aquarion water quality issues.

6. A request for a utility pole license was tabled until Eversource has provided a schedule for the elimination of 45 double poles remaining.

7. It was agreed that Rye needs to improve its cell phone service. It appears that a consultant will be retained to look into the issue and possible cell tower sites.

Announcements

Selectman Winslow announced that the Monsignor, Father Mo, had passed away on Saturday. He provided the times of the wake, mass and burial, which have already passed. Selectman Winslow said that Father Mo had ministered to Rye residents for about 25 years and will be really missed. Editor’s note: Father Mo served at St. Theresa’s Catholic Church in Rye Beach.

Selectman Musselman called for a moment of silence.

Selectman Musselman announced the closing of the town offices for training the following day, and on Columbus Day, Monday October 9. The next Board of Selectmen meeting will be Wednesday, October 11, he said.

He also announced the Rye Heritage Commission Great Bay Fall Cruise on October 2, 2017 from 6:00 to 8:00 p.m. on the Thomas Leighton. It is a fund raiser, with proceeds directly benefiting the painting of the Rye Town Hall. The cost is $25 per person. He provided directions on how to sign up.

Public comment (3:54 elapsed)

Lisa Moll, 21 Gray Ct., said that she understands that a town-wide presentation is being planned. She has twin daughters, 13 years old. She and friends of hers who are also mothers have concerns over water quality. She said that she has attended many meetings on this issue. What she has heard is troubling, and even more so after recent testing results from the Rye Water District and Aquarion. She said that she is an Aquarion customer. Although assured repeatedly that the water is safe to drink, the testing results do not back that up. From June 2016 to July 2017 testing, the PFC totals went up by a factor of four. Aquarion uses 14 wells. Where are the PFCs coming from? She has heard that it is coming from Coakley, and perhaps from the Grove Rd. Landfill or the Breakfast Hill Landfill. Actions should be based on what is happening rather than on whether or not a particular threshold is met. She asked for bold thinking. Not every resident has the option of putting in a water filtration system, as she did. She is also concerned about the pending Eversource acquisition of Aquarion, she said.

Jenny Sears, 6 Dow Ln., asked about progress on the traffic study planned for the Dow Ln. area. Selectman Musselman thanked her, but nobody responded.

Peter Crawford spoke about the TD Bank building. He said that the assessed valuation is $517,200 for roughly 2000 sq. ft. plus the canopy and portico. Apparently there is a deed restriction requiring that it be used as a bank. He said that he is a TD Bank customer and would prefer that a bank be retained in town if possible. It is possible that the building could be bought as a real bargain because of the deed restriction, which might change his conclusion, he said.

He continued, saying that, five or six years earlier a study of redoing the Old Police Station. They came up with a figure of about $400,000 to turn it into town office space. That is a lot closer to Town Hall and would be more convenient, especially for town employees who must go back and forth. Also, it might be possible to build a small building on this site, and the earlier study indicated that the cost of that might be in the same ball park in terms of cost. We should be cautious about pursuing the purchase of the TD Bank building, particularly before it is known whether or not another bank might be interested. A lot of us appreciate having a bank in town, he said.

Linda Toumpas said that she had seen that cell phones are on the agenda. She referred to lives having been saved in recent hurricanes. There could be an event similar to Hurricane Sandy in Rye. Ice storms and snow storms in the winter are an even greater potential problem. According to television reports, the lives of many people were saved because they had a cell phone and were able to call for help. There are large areas of Rye that do not have cell phone service at all. Cell phones have been around for more than 30 years and it would seem that now is the time to cover the entire town. If power is lost, their cell phone service is also lost as they rely on an extender to receive service. That only works inside the house, she said. Once the towers have been in for awhile, nobody will notice them, she said. Nobody notices the Seabrook siren pole, which is twice the height of a telephone pole.

Joe Cummins spoke about school issues, and said that a Budget Committee member had been treated disgracefully at a School Board meeting based on comments he had made, arising out of the School Feasibility Committee, regarding enrollments and the social studies program. The same School Board member had also once said that draft minutes would be made available when they feel like it, notwithstanding legal requirements to the contrary. He spoke about the possibility of considering charter schools.

Mr. Cummins spoke about the “hare-brained” ideas that he had heard, including of dragging Greenland children to Rye for instruction. He said that you could not give away spots. New Castle sends many of their students to the Portsmouth Middle School now. There are a ton of students that don’t go to the Rye Middle School, for a variety of reasons, but some would return if they felt that the school was more rigorous and robust, he said.

Mr. Cummins also spoke about an unmet promise by the School Board Chairman relating to project-based learning. He asked the Selectmen to exercise their influence relating to charter schools.

Nick Toumpas commended Police Chief Walsh regarding comments that he had recently made regarding an underage drinking party. We have a long way to go having parents say that it is OK for underage children to be drinking in someone’s home.

Steven Borne referred to the public session of the Planning Board on October 12 relating to the Master Plan. The most important thing that we can be doing is helping with that, with $1.9 billion in real estate assets in Rye. There is a short time frame. They are pushing that through for November approval, he said.

Sophie ___, 16 Wayside Ln., said that she is also concerned about water contamination.

Lori Carbajal, 18 Tower Ave., said that she had 35 years experience looking at appraisals within the Town of Rye. She attended a meeting with the reassessors and there are discrepancies with respect to land value assessments between properties. She is waiting to hear back as are her neighbors south of Cable Rd. to Ocean Blvd., over to Perkins Rd., including the finger streets. I don’t mind paying my fare share of taxes, but don’t want to be paying my neighbors’ taxes as well.

Consent Agenda (27:33 elapsed)

There were four issues, one is a letter from Paul Goldman regarding Dow Ln. The other three are an appointment of James Tegeder to the HDC, the appointment of Alex Herlihy to the Heritage Commission, and the appointment of Steven King to the Recreation Commission. All four were approved in a single vote.

Minutes (28:26 elapsed)

The minutes of the September 11, 2017 meeting were unanimously approved with changes.

Town-wide revaluation (30:44 elapsed)

Scott Marsh and Paul McKenney, contract reassessors, came up and sat at the table. Mr. Marsh said that Mr. McKenney handled the revaluation, and he oversaw it. The town-wide value increased from $1,995,825,800 to $2,250,251,300, a 13 percent increase. Editor’s note: These values are inclusive of non-taxed and exempt properties and do not therefore agree with the $1,884,140,400 value that appears on page 24 of the Town’s 2016 Annual Report. In addition, the latter value is as of April 1, 2016, an earlier date than the other figures. Mr. Marsh said that, while residential properties and land are up 14 percent on average, mobile homes are down 11 percent, condominiums are up 8 percent, and commercial properties are up 6 percent.

Mr. Marsh said that the Price Related Differential (“PRD”) is 1.0009. A value of more than 1.0 indicates that low-end properties are valued higher than they should be. The Coefficient of Dispersion (“COD”), which must be below 15, is 7.04. The more sales there are the more accurate the data is. In this case, sales between April 1, 2015 and March 31, 2017 were used. There were about 300 of these over the two years. This year the sales price vs. assessed value ratio will be at 96 percent indicating that prices are still rising. Editor’s note: Apparently this is computed by dividing the assessed value by the sales price.

Selectman Jenness asked how lots of different sizes in the same area are considered.

Mr. Marsh said that there are no more land sales. A residual method is used whereby the value of the house is subtracted from the total. There is a condition factor and wetlands and easements are taken into account.

Selectman Jenness repeated her question.

Mr. Marsh said that buildable lots have similar values. A lot of .5 acre would be valued a little more.

Selectman Musselman spoke about how, last time, the neighborhoods had been cobbled up. He asked how the issue of distance to the beach had been taken into account. Editor’s note: He was apparently talking about the revaluation done by KRT in 2012.

Mr. McKenny said that the neighborhoods were similar to those used previously, with some of the lines having been moved. The biggest increases were one block back from the ocean, he said.

Mr. Marsh said that 400 hearings had been conducted, which amounts to about 12.5 percent of the owners. No consistent issue was found on these types of things, he said.

Selectman Winslow asked about the public question at the prior meeting regarding assessed vs. appraised value.

Mr. Marsh responded that the “vision” cards have both. The assessed value is different in cases where the property may be in current use. Editor’s note: Current use assessment is typically requested by owners in situations such as when their properties might be subdivided, and are therefore be worth more due to a prospective use. They are allowed to be taxed at a lower value based on the use to which the land is currently put. However, a penalty is due if the land is ever taken out of current use, which must be paid before it is subdivided. In most cases the assessed and appraised values are the same, he said.

In response to a question from Selectman Musselman, Mr. Marsh said that the values of 590 properties had changed as a result of the hearings. These changes resulted in a $16.7 million reduction in the town-wide value, he said.

Selectman Musselman referred to an article in the local paper the prior day regarding values in Portsmouth, where the residential values are up more than the commercial values, as is also the case in Rye. In Portsmouth, that is a big deal because commercial properties are 40 percent of the base. He also said that he noticed that properties valued at more than $1 million in Rye are up less than those valued less than $1 million. The tax rate will be down but high-valued homes may have their tax bills go down, while those with lower-valued homes will see increases. He asked how confident Mr. Marsh was that the values are accurate.

Mr. Marsh referred to the ratio being close to 1.0, which indicates that they are being assessed at similar ratios to market value. Editor’s note: He was apparently referring to the PRD figure discussed earlier.

Selectman Musselman asked whether there were a sufficient number of sales of high end properties to be as certain of that.

Mr. McKenny said that, while there are not as many sales, the number of sales is sufficient to make that determination.

Selectman Musselman said that they are going to hear that complaint. We know from the appeals process that people are unable to sell their homes for what they paid for them. We get anecdotal information that the high-end properties are not moving, he said.

Mr. Marsh said that he heard from one owner of a property assessed at $3.2 million. The owner showed him a purchase and sale agreement for $2.8 million. It had been on the market for a long time at $3 million. There was an indoor pool that a lot of people would not have been interested in. High-end properties are tougher, he said.

Selectman Musselman said that Rye residents would be paying a larger share of county taxes due to the revaluation. Mr. Marsh disagreed, saying that that should not be the case as the properties are equalized. Editor’s note: An equalization ratio is computed for each city and town each year. That represents the ratio of assessed value to market value of transactions in the city or town. The county tax and state school taxes are set after adjusting the rates of each city and town by the equalization ratio so that, in theory, the taxation in each city and town is, on average, fair, every year, regardless of whether a revaluation has occurred or not. If, however, a segment of the market in a particular city or town has moved upward or downward in value more or less than the average in that particular town, the equalization process will not correct for that discrepancy. A revaluation is needed to do that.

Mr. McKenny noted that commercial properties are valued based on the income that they generate. Only so much income can be generated in a particular location, he said.

Mr. Marsh said that he hoped that there would be a motion that evening to accept the values. There have been some minor changes from what had previously been provided, he said.

Selectman Musselman said that the process had gone a little more smoothly than last time, but the bills had not yet been sent out.

Lori Carbajal said that she had had a mortgage company for 30 years and is quite familiar with how market values work. While she acknowledged that a property near Jenness Beach would appraise for more than an identical one on West Rd., the quadrant aspect does hold any weight. It seems that there was a distinct cutoff going from Ocean Blvd. south of Cable Rd. to Perkins Rd. and the finger streets off of Big Rock. The abutters over the wall from me were apparently in a different quadrant, she said. You can clearly see that, she said. The values were much higher than those on Pine Rd., which doesn’t hold weight in terms of market value. My abutter on Cable Rd. has his land assessed at $306,000 in terms of land value, while my land value is $458,000. The land mass does make a difference because a larger house can be constructed when there is more land, she said.

Mr. Marsh said that they do not create the market, but only interpret the sales. The sales in each neighborhood are looked at and compared to sales in other neighborhoods, he said.

Joe Cummins noted that the $17 million in value change divided by 600 properties is approximately $30,000 per property. It sounds like they’ve been responsive, he said.

Steven Borne said that the assessors had come out to his house. A lot of it is fuzzy math, he said, not an exact science. He asked what the town could do to better educate the people so there is more buy in.

Mr. Marsh referred to the newsletter and the job that the Assessing Clerk

is doing. A lot of people don’t care about anything until they get their tax bill, he said.

Selectman Musselman asked what people were told about the abatement process.

Mr. Marsh explained the process once an abatement application is filed.

Selectman Musselman said that he thought that there was something sent with the bills. Mr. Marsh was unsure about that.

Victor Azzi asked whether the corrected values are available online.

Mr. Marsh said that there are 3189 properties in Rye. He said that the vision website still reflects the old values, but there was a list of the new assessments posted on the town website.

Mr. Marsh said that the new information would be uploaded in a week or two on the vision website.

Peter Crawford said that, when KRT went through this process about five years ago, there was quite a bit more information available on the town website. There were neighborhood maps and a presentation on how the valuation model worked. He asked whether similar information could be provided this time.

Mr. Marsh said that it could be, once it has been finalized. He said that the process had not changed that much. Mr. McKenny said that the same methodology had been used. Mr. Marsh said that the neighborhood maps would be made available.

Mr. Crawford said that the maps from five years ago seemed to no longer be on the town website. It’s five years out of date and it has changed slightly anyway, he said.

Joe Cummins asked the risk of a property value increasing after an abatement request.

Mr. Marsh said that this occurs at times.

The motion to fix the assessments, with minor adjustments to be made by Mr. Marsh was made by Selectman Jenness and seconded by Selectman Winslow. All were in favor.

Selectman Winslow asked when the letters would go out. The response was that it would probably be on Wednesday.

Salt Storage Facility (63:45 elapsed)

Public Works Director Dennis McCarthy and Paul Paradis of the Public Works Department came up to the table with Marissa DiBiaso (sp?) and Linda Perry, both from Hoyle Tanner and Associates. Mr. McCarthy said that they had been working with Paul Paradis on the project, as he had not been available.

Marissa DiBiaso went over the overall site plan. The building site is not as low as is shown on the Master Plan. There was discussion about the water main and the location of the hydrant. Mr. McCarthy said that, while water is not needed now, they may want to produce brine in the future. He also said that eventually there would be a third gate.

Selectman Musselman complained about it being a main to nowhere, and the problem with fire trucks having to drive past a potential fire location to get to the hydrant.

It was revealed that the salt building would be at elevation 111.5.

Selectman Musselman asked whether the salt building is as small as it can be and still meet the needs. The response was that it is 60 by 100, and will probably be reduced from that.

(74:45 elapsed)

Marissa Dibiaso said that the site work would cost $300,000. The building would be in addition.

Selectman Musselman said that that is a lot for what he sees is being done.

Mr. McCarthy said that test pits had not yet been done. It has been assumed that this is part of the original gravel deposit, he said. Editor’s note: This seems inconsistent with the statement made by the Town Attorney in case 218-2016-cv-00612 in Rockingham County Superior Court, where it was asserted that the gravel had been depleted and that therefore a portion of the Transfer Station land had reverted to the prior owner under the terms of the deed recorded at book 605, page 110 recorded with the Rockingham County Registry of Deeds. The town paid $75,000 in taxpayer funds, never appropriated by voters, to settle the lawsuit and retain ownership of the entire Public Works facility.

Selectman Musselman asked whether there was bedrock.

Mr. McCarthy said that potentially there was.

Linda Perry described the proposed building as being constructed of fabric, which is typical nowadays. There would be a 15 year warranty on the building, which would have a 20 year expected life. The frame would have a 3 year warranty, with a 20 year expected life.

Selectman Musselman asked about the design wind speed.

Linda Perry said that the building would be able to handle the wind. It could be designed for Exposure B as there are some trees, but they are calling for Exposure C, which provides a little more capacity. She said that the fasteners in a wood structure do not hold up well to salt. The opening faces northeast. Doors will probably be needed to prevent wind-driven rain from entering,, she said.

Selectman Winslow asked about the current tonnage capacity. Mr. Paradis responded that it was 360. Selectman Winslow commented that it would be doubled under the proposed design.

Mr. McCarthy spoke about the advantage of getting everything under cover, given the location upstream from the wells. Editor’s note: The Rye Water District wells are located approximately 1700-3800 feet south of the existing salt shed location, depending on which of the three wells it is.

Mr. Paradis spoke about the ability to buy during the summer, when the salt is dry.

Mr. McCarthy said that Rye is close to the salt piles in Portsmouth, but it must be trucked over.

Selectman Winslow asked whether the salt would be less expensive during the summer. The response from Mr. Paradis was that it was not, although dry salt weighs less.

Selectman Jenness asked about snow. Linda Perry said that the building sheds snow.

There was discussion about financing of the project. Selectman Musselman said that it would need to be a bond. The bids would be available prior to town meeting.

Mr. McCarthy spoke about the amount being amended at the Deliberative Session.

Linda Perry said that she was very confident that there would be multiple bids, based on conversations with vendors.

Selectman Jenness asked what salt contamination would be eliminated.

Selectman Musselman said that chloride levels are 40-60, compared to a State action level of 220. It is more of a perceived risk, he said. He asked whether some salt was going into solution now when there is wind.

Mr. McCarthy confirmed.

There was then discussion about the economics of the project. Mr McCarthy indicated that he did not believe that there was an economic argument to be made, but the salt shed is falling apart. The building cannot be sold on savings or a reduction in salt usage, he said.

There was discussion about the building wall being made of reinforced concrete.

There was discussion about whether the building would meet the town setbacks. The response was not definitive so that will be looked into.

State Senator Dan Innis on issues facing Rye (109:21 elapsed)

State Senator Dan Innis came up and sat at the table. He said that he had run for Senate to restore the New Hampshire Advantage. The state now has one of the highest business tax rates in the nation. This year, the legislature has reduced the Business Profits Tax from 7.9 percent to 7.5 percent. There are also reductions in the Business Enterprise Tax and the Energy Consumption Tax. New Hampshire has the fourth highest economic growth in the nation. Additional money is being spent on opiod treatment and community colleges, but not on the State University System.

Senator Innis summarized the issues from his perspective as:

1. Aquarion

2. Coakley

3. Lang Rd. intersection with Route 1

State Representative Mindi Messmer is very visible on the Coakley issue, Senator Innis said. He was an advocate for HB463 which passed the Senate with an amendment, but the House would not agree to the amendment, so the bill failed to pass. That would have reduced the level of PFCs in the water. It was opposed by the Municipal Association, and he can understand why. Initially it would have set a limit of 20 parts per trillion (ppt) for PFCs. The Senate changed that to say that the DES should monitor and determine whether the current limit of 70 ppt is the correct one. Mindi had originally proposed 20 ppt. The problem is that your water is 23 ppt now, so you are above that, and would be required to take action, which would involve getting PFCs out of the water, that we would all pay for, he said.

Coakley is a Superfund Site. In the late 1990s, it was capped. The theory was that capping would prevent water from permeating the surface and washing through materials into the ground water. We now know that it is not working, and that the PFCs are migrating. One of your wells was closed due to unacceptable levels. You are mixing water from four wells, he said.

Selectman Musselman said that Rye has three wells. Two are very low and one is at 22, which you just mentioned, he said. Selectman Winslow mentioned mixing the water from the wells in the ratio of 65 to 35.

Lisa Moll said that Aquarion Well Number 6 was the one that was shut down. It serves Rye residents, but is not a Rye well, she said. Editor’s note: Ms. Moll made other comments about water issues during the public comment period of the meeting. Click here. Well 6 is not located in Rye, nor does it supply water to the Rye Water District, but it supplies water to Aquarion customers in Rye.

Senator Innis said that Berry’s Brook has been measured as having the third highest PFC levels of surface water in the world. That is going into Great Bay, he said.

Selectman Musselman corrected Senator Innis, and said that it goes into Little Harbor.

Lisa Moll said that Berry’s Brook is over six miles long and impacts communities that have persons that are part of the Seacoast Cancer Cluster.

Senator Innis said that the way to fix the problem is to take the cap off, remove the materials, line the bottom, put the material back in and recap it. This was considered back in the 1990s but rejected due to excessive cost. Bringing the cost then forward to today’s dollars it would be $80 million.

There are other ways to fix it, Senator Innis said. Representative Messmer is going to have a bill that addresses it that involves pumping it, cleaning it, and then returning it the ground. That would be an ongoing cost to communities forever. If the pumping stopped, the PFCs would start migrating again. He does not want it in his drinking water at any level, although he recognizes that there are probably safe levels. We drink all kinds of toxins, he said. The problem is increasing. The DES has noted that, and is concerned with how far it goes. We can say we can continue monitoring and put everyone on city water. That is not cheap either. It would cost tens of millions of dollars. Pumping the water would cost $3 to $4 million annually, to be paid forever, he said.

Senator Innis said that HB463 would be brought back in some form, and then he would be proposing legislation that would involve the Federal Government. There are a number of communities involved. Portsmouth is the largest. They are not going to want to pay, but my personal view is that action must be taken, he said.

Selectman Winslow asked about funding that United States Senator Shaheen had obtained in an Armed Services Bill.

Senator Innis said that he understands that that money will be used for Pease. The cleanup there is due to foam that was sprayed in that location when the Air Force used the site, he said. He said that he understands that the Coakley site was used by the Air Force and Navy. The governor has some money, which is not enough, that will help with local issues, to get people off of wells that may be contaminated and onto city water. The number of wells contaminated with PFCs has increased in the last 6-9 months, which is concerning to DES. They were not concerned when he started as a Senator, he said. Editor’s note: Senator Innis was elected to his first term in November 2016.

(120:56 elapsed)

Aquarion Water is being acquired. They called him to meet with him. He asked for the Selectmen’s thoughts regarding Coakley and Aquarion.

Selectman Musselman said that Coakley is more an issue with respect to groundwater contamination in private wells in Greenland, where it has been a major issue. It is not an issue with respect to the Rye Water District. Aquarion serves the Rye Beach and Jenness Beach precincts and the precinct commissioners want to be the lead in dealing with Aquarion. The Rye Board of Selectmen probably hasn’t dealt with Aquarion issues in forty years. Perhaps we should, he said. An issue has come to our board, which really needs to go to the Planning Board, with regard to the Aquarion well in Rye not having protection zones around them.

Selectman Jenness said that the Planning Board had held a site walk of the well a week earlier that she was on. Editor’s note: The video of the site walk is available at: https://vimeo.com/235926527.

Senator Innis said that he does not believe that anything different will happen if Aquarion is acquired.

Selectman Winslow asked whether there were funding sources if the Rye Water District needs to install a water treatment plant. Senator Innis responded that he did not know about federal sources, but there may be State funds available. Selectman Musselman said that New Hampshire does not fund water treatment plants. Senator Innis agreed.

Senator Innis said that if Berry’s Brook has a problem, it probably exists below ground as well.

Senator Innis spoke about a need to accommodate both the rational and emotional sides of the issue. The rational side says that we should move slowly. A place in between is needed. Something needs to be done. Lead paint and mercury were not considered to be unsafe when he was a child. Now we know that they are not safe. He spoke about other toxic substances coming out of the landfill.

Selectman Jenness asked about the availability of federal funds to fix Coakley.

Senator Innis said that both U.S. Senator Hassan and U.S. Representative Shea Porter are engaged in the issue. Perhaps Governor Sununu can help as well, he said.

There was discussion about the two separate committees that had been set up, one on the cancer cluster and the other on water.

Senator Innis said that it is likely that there will be no conclusion on the cancer cluster as there is not enough data to reach one. However, contaminants may be identified, which will help.

The discussion then turned to Lang Rd. Senator Innis said that he had reached out to Portsmouth, which is not returning his calls. Editor’s note: The apparent solution to the dangerous intersection at Lang Rd. and Route 1 is to relocate Lang Rd. behind the Service Credit Union so that it aligns with Ocean Rd., which has an existing traffic light. A light at Lang Rd. as well is not a solution being considered because it would be too close to the other traffic light.

Selectman Winslow said that the project would cost $600,000, half to be paid by the State and half by Portsmouth.

Senator Innis commented that if Portsmouth cannot find this money in their $110 million budget they must not be very motivated.

(132:12 elapsed)

Selectmen Musselman said that their issues are different. Former State Senator Nancy Stiles was a huge help in dealing with state agencies, he said.

Selectman Musselman mentioned the Route 1B bike lane.

Senator Innis said that he had met with the DOT regarding that. They have decided to go ahead with repaving, he said.

Selectman Musselman mentioned parking and safety issues on Ocean Blvd. and parking meters. Editor’s note: 2016 Warrant Article 21 asked the Selectmen to proceed with looking into parking meters so that, if appropriate, a warrant article to proceed with their implementation could be presented at the March 2017 town election. The article passed 1054-395. However, nothing happened as the State DOT sat on a request for permission to install the meters for many months and then said that further study was needed. In a September 24, 2013 meeting regarding beach issues arranged by State Senator Nancy Stiles, Senator Stiles stated that her inquiries with the State revealed that communities are allowed to install parking meters on state roads. All money collected from the meters and fines would flow back to the Town, but the Town would need to pay for the meters and their maintenance and issue the tickets. See N.H. RSA 231:130. See also the notes of the May 10, 2017 Board of Selectmen meeting. The official minutes of that meeting include the letter from the DOT Commissioner denying the installation of meters.

Selectman Musselman said that the state was not willing to proceed with the meters because of a reduction in non-resident spaces, but was willing to look into remote lots. The economics of those would probably not work out, he said.

Selectman Musselman spoke about drainage problems in Jenness Beach and finger pointing as to whether the problem lies in state-maintained, or town-maintained sections.

He also referred to the safety issue with Dow Ln. Residents raised the issue and have been back repeatedly, he said.

He referred to the rails to trails program and said that they strongly support it, but need to understand certain issues, like the drainage structure that the town would be responsible for maintaining which cannot be found. Editor’s note: See the notes of the June 12, 2017 meeting at which this issue was addressed. While the Seacoast Greenway, which would use an old rail bed, is an extensive project, only .25 miles would be in Rye, located at the very edge of town, well west of Route 1.

Selectman Musselman said that the hottest issue is Dow Ln. The second most important is Ocean Blvd. They are at an impasse with DOT, he said.

(140:26 elapsed)

Selectman Jenness said that there is a lot of encroachment along Ocean Blvd. The road was originally laid out at 100 feet wide, according to the town history, she said.

Selectman Winslow spoke about the recommendation for town-wide cell phone service. On July 4 there are 3000 non-residents on the coast, but there is no cell phone service on much of Rye’s beachfront, he said.

Selectman Musselman said that there are town- and state-owned locations where towers could go. We want to do it in an unobtrusive way. We may need Senator Innis’ help if the solution involves state property, he said.

Senator Innis spoke about having talked with Joe Cummins in the lobby, and said that he had had provided some good input.

Utility pole license, corner of Washington and Lafayette Roads (145:25 elapsed)

Selectman Winslow referred to two poles in the Historic District still being doubled up, 37 double poles on Washington Rd. and 6 double poles on Grove Rd.

Town Administrator Magnant said that he has been told that Eversource is waiting for the telephone and cable companies to move their wires. He said that he had received a call today from Fairpoint and would try to expedite.

Selectman Winslow suggested withholding approval until the issue has been dealt with.

Public Works Director Dennis McCarthy said that he does not know if the issue is with Fairpoint or Comcast.

Mr. Magnant referred to other carriers as well.

Police Chief Kevin Walsh referred to Fairpoint being in the process of being acquired by an Illinois company. The work of their road crews is disorganized, he said.

Mr. McCarthy said that there are all kinds of agreements between the utilities with respect to who owns and who maintains which poles. It varies by district, he said.

Selectman Musselman said that it would be reasonable to ask for a schedule.

Peter Crawford noted that it was Eversource’s upgrade that caused the double poles to begin with, so blaming the other utilities now is not appropriate.

The pole license request was tabled.

Cell phone service in Rye (151:52 elapsed)

Selectman Winslow spoke about how people, after Hurricane Harvey, were without electric or landline service, but with cell phone service, were able to be rescued by using their cell phones.

Selectman Musselman said that it is not a new issue. They have been dealing with it for 10 years with no progress. Originally there was a plan to use the Pulpit Rock Tower, but there were concerns expressed by the nearby residents, even through there is other equipment in the town center. Editor’s note: The Congregational Church has a cell site hidden within its steeple. Every now and then the Conservation Commission looks at lands in the north part of Rye. They haven’t come up with anything yet, he said. A consultant is needed to look at where there is service, and where not, by carrier, and determine where, and how high, the towers must be. A tall pine tree in the woods might work, he said.

Selectman Winslow said that he supports Selectman Musselman. Originally there were two carriers with equipment in the Congregational Church, but now there is only one, he said.

Selectman Musselman said that there is good coverage on Grove Rd., but not further north. A cell carrier might do the study at their cost, but then would only do it for their own service. He said that he guessed that the study would cost $20,000.

Deliberative Session dates (159:52 elapsed)

The Deliberative Session was scheduled for February 3, 2018, with a snow date of February 10, 2018.

Randazza Driveway stenciling (160:04 elapsed)

Selectman Jenness asked why the property owner could not park his cars on C St. or D St.

Selectman Musselman said that he owns half.

Town Administrator Magnant said that he was not sure of that. There was a suit in which he acquired certain rights, but he does not know whether that extends to vehicles.

Selectman Jenness said that the owner has 40 feet paved across the front of his property. It is a parking lot, not a driveway, she said.

Public Works Director Dennis McCarthy said that he had asked the state if they could find a driveway permit. They could not. If one had been issued it would have been for a width of only 24 feet, he said.

Police Chief Kevin Walsh referred to the consistent standard of 20 foot no parking zones to the left, and 10 feet to the right. Editor’s note: The 20 feet is in the direction of approaching traffic. In other words left and right is determined based on one standing in the street facing the property.

Selectman Musselman said that they could say that, if the driveway is brought into compliance they would consider the request. All were in favor of this.

Hedge replacement at Bear residence, 91 South Rd. (165:23 elapsed)

The motion to allow this, based on the site walk earlier that day, carried unanimously.

Purchase of TD Bank Building for use as Town offices (165:58 elapsed)

Town Administrator Magnant stated that he did not have much to report. He was able to identify the Vice President in charge of Real Estate in Boston and has traded e-mails with him. A phone call is scheduled for later in the week, he said.

Selectman Winslow mentioned Peter Crawford’s encouragement earlier in the meeting that another bank should be found to occupy the building. He asserted that, from a business standpoint, TD Bank would not sell to another bank.

Selectman Musselman said that the next use would likely be residential if the town does not buy the property.

Catch basin cleaning bids (168:02 elapsed)

Public Works Director Dennis McCarthy said that this contract would be awarded to the low bidder.

Dow Ln. safety issues (168:52 elapsed)

Town Administrator Magnant said he had received a document from Police Chief Walsh. He will digest it and it can be gone over at the next meeting.

Chief Walsh spoke about the short-tem importance of assuring residents that the road is as safe as possible.

Comment from Joe Cummins about use of the Transfer Station for petitions

Mr. Cummins first confirmed that the $1000 for dog waste would not be imposed on a first offense.

He then referred to former Selectman Mills having twisted the warrant article on this issue. Editor’s note: See the notes of the 2016 Deliberative Session, Part Three, Article 25. The warrant article to make the free speech zone at the Transfer Station permanent, with no mention of approvals, was amended to require Board of Selectmen approval. Mr. Cummins suggested that the Board of Selectmen consider tweaking the policy to permit approval by the Public Works Director rather than them, inasmuch as there could otherwise be a two week delay.

Selectman Musselman said that this would be a good comment to have made during the public comment period at the beginning of the meeting.

Adjournment

Whereupon the meeting adjourned at approximately 9:24 p.m.