NOTES OF OCTOBER 11, 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.
Persons present from the public included: Steven Borne, Peter Crawford, Jenny Sears.
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 6:46:51 p.m. (0:00 elapsed).
Summary
Announcements
There were no
announcements.
Public comments
There were no public
comments
Consent agenda (1:02 elapsed)
Selectman Musselman
read off the six items from the agenda.
There was an additional item G, a raffle by the Acorn School at the
Abenaqui Country Club on November 4. A
motion to place the letters in items A, D and E on file and to approve the
remaining items carried unanimously.
Minutes (2:49 elapsed)
The minutes of the September 25, 2017
meeting were unanimously approved with changes.
Parking ordinance amendment proposal (5:53
elapsed)
Selectman Musselman
said that he had a memorandum from Police Chief Kevin Walsh on the issue. The Selectmen have been under a lot of
pressure in recent years regarding parking on Old Beach Rd., Perkins Rd., and
to a lesser extent, Parsons Rd., Selectman Musselman said. There have been discussions about meters and
making side streets no parking, he said.
Selectman Musselman suggested that non-resident parking areas be
established on the three streets mentioned above, with two colors of permits,
one for residents and the other for non-residents. The non-resident permit would perhaps cost
$100. Those with resident stickers could
also park in the non-resident parking areas.
Other areas, such as Wallis Rd. Extension and Sawyers Beach would remain
limited to those with resident parking stickers, he said.
Police Chief Walsh said
that they are already noticing the unintended consequences of the removal of 44
parking spaces on Ocean Blvd., resulting from the no parking boxes that have
been painted. He warned about parking
being pushed out onto side streets. They
are seeing parking ticket appeals from family members and relatives that come
to Rye only once a year.
Selectman Musselman
pointed out that the parking problems may have been caused by increased beach
traffic, not the elimination of the 44 parking spaces.
Chief Walsh noted that
biking and skateboarding from cars parked some distance from the beach is
increasing.
Selectman Winslow asked
how many beach parking permits were issued annually, and how many spaces there
are.
Chief Walsh referred to
2-4 people per house and permits now being required for mopeds, which are out
of control, he said.
Selectman Musselman
said that he understood that students have been copying the permits, and said
that holograms, at an additional cost, may need to be added to the stickers.
Chief Walsh said that
the Town Clerk has received a number of reports of stolen stickers. He suggested that the stickers be placed on
the inside of windows.
Selectman Musselman
said that a teacher at Portsmouth High School had found students counterfeiting
the stickers.
Chief Walsh said that
the matter had been investigated and no physical evidence had been found.
Selectman Musselman
said that parking meters will not be allowed on Ocean Blvd. anytime soon.
Selectman Jenness said
that this would be a hard sell on the ballot.
She warned of confusion and said that there would be push back from
those living inland. She suggested that
they move slowly on this.
Selectman Winslow
warned of unintended consequences, and suggested increased thought and public
input.
No decision was made on
this issue.
Garage door replacements at Public Works (24:08 elapsed)
Public Works Director
Dennis McCarthy explained how, last year, two doors had been replaced with
insulated ones for $5744 for the two.
Quotes have been received to do the remaining two doors, which would be
exactly the same, at a price of $5874.
He said that the doors should not be put out to bid, as the exact same
ones are desired. The motion to award
the contract without putting it out to bid carried unanimously.
Shoals View paving (26:20 elapsed)
Public Works Director
Dennis McCarthy said that the low bid had come in at $258,000, but only
$125,000 had been appropriated. Editor’s note: 2017 Warrant Article 10 appropriated $125,000
for the reconstruction and paving of Shoals View, between Parsons Rd. and Ocean
Blvd. The article passed 916-628. Mr. McCarthy said that he had met with
Jamco Excavators and decided to move ahead and see what could be done for the
$125,000. This is a design build
contract. Value engineering can be done
based on the plans. If nothing could be
done within the budget, the contract would be cancelled and the town would owe
only for the engineering, he said.
In response to a
question from Selectman Winslow, Mr. McCarthy confirmed that the difficulty was
due to the presence of ledge throughout the area. He said that they were looking at removing 3
feet of ledge, but it may be possible to remove less.
Selectman Musselman
said that he was very uncomfortable signing a contract without knowing the
ultimate cost and scope. That would
create a sole source negotiation with Jamco regarding the next steps. He suggested that all bids be rejected, and
an engineering firm be retained. The
firm would then value engineer the project and it would be put out to bid
again.
Mr. McCarthy said that
that was fine, but that if no contract was awarded by December 31, the money
would go away.
Selectman Musselman
suggested that, since the voters had already authorized the project, any
shortfall could be funded out of the capital outlay line in the operating
budget. He said that, unless it is put
in the budget soon, however, it could not be done in 2018. He said that more than $125,000 cannot be
spent without town meeting approval anyway.
Mr. McCarthy
recommended that Jones and Beach be retained for the engineering. Selectman Musselman asked about other
possibilities. Mr. McCarthy said that
there was Altus, and possibly a third.
Letter regarding post card from 1906 (35:75 elapsed)
There was discussion
about an e-mail offering to return the post card to the town. Selectman Winslow said that we should send a
thank you note and contribute ten dollars from his own funds. It was then revealed that the person had
requested reimbursement for the cost of the post card.
Dow Ln. safety issue (36:57 elapsed)
Selectman Musselman
said that a letter had been sent to the head of DOT asking for her opinion on
“T-ing off” the intersection. Town
Administrator Magnant said that he had not yet heard back. He said that they had met with Scott Vogle of
the Rockingham Planning Commission and Dave Walker. They want to do their own traffic count, which
will help, he said.
Police Chief Kevin
Walsh spoke about a September 25 memorandum that he had written. A barrier is needed to keep the traffic
straight. The poles would be removable
and replaceable with plates to facilitate winter maintenance, he said. He said that Route 1 would be repaved in
2018. Until then, there could be a
temporary solution. The permanent
solution would be a 90 degree turn onto Dow Ln.
A digital sign was borrowed from New Castle. He is looking at purchasing a similar sign,
at a cost of $4000 to $7000. Currently,
there is concern about picking up cars that are moving more quickly on Route 1,
which skews the traffic counts, he said.
Selectman Musselman
asked about reducing the speed limit on Dow Ln. to 25 m.p.h. Chief Walsh said that there was no downside
to that.
Jenny Sears and Chief
Walsh related how the Sears’ “turtle sign” that had been missing for three
months had been discovered in a vehicle stopped by the police.
Chief Walsh said that
30 m.p.h. is a safe speed on Dow Ln. He said that the only road in Rye with a
speed limit less than 30 m.p.h. is Recreation Rd. That is 20 m.p.h. he
said. He said that all of the traffic
calming things that can be done are being done. He spoke about differences of opinion
regarding the traffic data.
Selectman Musselman
said that the state would conclude that the intersection needs “T-ing
off.” It is obvious, he said.
Steven Borne spoke
about South St. in Portsmouth having a 20 m.p.h. speed
limit due to schools in the area.
Selectman Musselman
says that people drive at speeds that are reasonable, safe and comfortable,
independent of the posted speed limit.
Chief Walsh said that
the plastic poles for the center of Dow Ln. had been ordered.
Jenny Sears said that
Portsmouth is looking at closing Echo Ave.
It is a similar situation to Dow Ln., she said.
Selectman Musselman
said that he thinks that the digital sign had made a difference. The strobe light helps. He said that he thought that it was set 5 m.p.h. over the speed limit.
Some states are using these signs and then mailing out tickets based on
them. That is illegal in New Hampshire,
he said.
It was confirmed that
the plastic poles would bend if hit.
Red Mill Ln. box culvert and salt shed (63:23 elapsed)
Public Works Director
Dennis McCarthy said that the box culvert had been set at Red Mill Ln. the
prior day. It has turtle walkways, made
of stone, he said.
He added that sample
fabrics for the salt shed shelter have been obtained. One of them is a green that would match the
existing buildings. He suggested beige. He said that he believes that a 20 year
warranty could be obtained.
Selectman Winslow asked
whether the guard rails of the Red Mill Ln. culvert would be wood. Mr. McCarthy confirmed and added that the
residents are happy, and the neighborhood is 100 percent behind the project,
despite the noise.
Location of trolley line through Rye (67:21 elapsed)
Selectman Jenness said
that she had obtained information on this, and referred to a 45 page book on
the Portsmouth Electric Railway by O.R. Cummins. She distributed a document, apparently a map,
to the other Selectmen. She said that
construction started in 1898, and that the line ran to Hampton. There was no boulevard in 1900, she said.
Selectman Musselman
noted some inaccuracies in the map.
Grove Rd. Landfill, September results (69:68 elapsed)
Selectman Musselman,
speaking as the Town Engineer, not as Selectman, provided the September test
results. He said that two residential
wells near the Breakfast Hill Landfill had been tested,
and that both were non-detect for PFCs. Editor’s note: PFCs refer to perfluorinated compounds, which
are a contaminant of emerging concern.
The presence of PFCs in a well near Pease Airport, believed to have come
from fire fighting foam used there, has led to the well’s
shut down. High levels have also been
detected in Berry’s Brook in Rye and at the Coakley Landfill in Greenland and
North Hampton. Detectable levels (still
less than the 70 parts per trillion EPA and New Hampshire limit, but above the
limits put in place in New Jersey and Vermont), have been detected at the
Garland Well operated by the Rye Water District, and in one Aquarion Water Co.
well, leading to its shut down (Aquarion supplies water in the southern part of
Rye, along the coast (yellow hydrant areas)).
Selectman Musselman explained the testing
locations and the water flows while displaying a map. A well that tested at 9 parts per trillion in
May is now non-detect.
He also provided some other results:
Location May sample July sample September sample
MW6 152 88 95
MW101 104 57
MW3 15 65.9
TW1574 4 non-detect
MW102
4.7 7.9
Selectman Musselman explained that TW1574 and MW102 are down gradient,
and that it had been thought that MW101 was the source of the contamination.
Editor’s
note: The detailed September test
results (including the map showing the testing locations) are available
at: http://town.rye.nh.us/Pages/RyeNH_BComm/BoS/Grove
Road Landfill/Grove Road Landfill Groundwater PFOAs September Results.pdf.
In response to a question from Selectman Winslow, Selectman Musselman
said that the first set of samples had been sent to one lab, and the two other
two to a second lab. He said that the
September tests had been done of the town’s volition, not at the request of
DES. He said that the Rye Water District
is doing testing as well, and that they should be doing the testing of 1574 and
101 so that there is not a timing issue, or an issue
of different laboratories used, between the 1574 and 101 tests and the Rye
Water District’s other tests.
Selectman Musselman
said that, at Town Meeting in 1993 or 1994 funding was put in place (either in
a warrant article or the budget) to pay for monitoring. In the mid-1990s, when there was pressure to
close the Grove Rd. Landfill, the Rye Water District argued against doing
construction there as part of the closure, as that might do more damage to
water quality. Thus a decision was made
not to spend $1 million to cap the landfill.
Selectman Mills was beside himself with glee that the money would not need
to be spent.
Selectman Musselman
provided an additional description of how the Grove Rd. Landfill operated. The information is conflicting, but it
appears that it was started up in the early to late 1930s, and operated for
30-40 years, he said. The burning dump
was periodically lit, and then put out, using water from the fire pond. From the mid-1960s to the mid-1970s there was
no burning at all, he said.
Selectman Jenness
described how, before that, trash was deposited in everyone’s back yard.
Selectman Winslow asked
about movement of the plume. Selectman
Musselman provided a long description, including describing how the plume
spreads as it goes down gradient, and that there is a lot of dilution between
the Grove Rd. Landfill and the Garland Well.
Peter Crawford asked
whether the information just displayed would be posted on the town
website. Town Administrator Magnant said
that this had been done in the past.
Selectman Musselman hesitated, and then responded affirmatively, but
said that the actual poster boards displayed would not be made available.
Praise for Public Safety Building open house
Town Administrator
Magnant complimented the police and fire departments for their open house,
which was “mobbed,” he said. A diverse
group attended and there were a lot of families, he said.
Selectman Mussselman
said that there are times when they hear about the policemen and firefighters
putting their lives on the line. He said
that he wonders whether the public realizes that they go the extra mile. Perhaps some more vignettes can be shared, he
suggested.
Public Works Director
Dennis McCarthy spoke about the work done by his department’s employees when
there are heavy snowstorms.
Adjournment
Whereupon
the meeting adjourned at approximately 8:24 p.m.