NOTES OF OCTOBER 23, 2017 RYE BOARD OF SELECTMEN MEETING
Final Revision B – Provided by the Rye Civic League
Present (clockwise around table): Selectmen Craig Musselman, Priscilla Jenness and Phil Winslow, Finance Director Cyndi Gillespie. Not present: Town Administrator Michael Magnant.
Also present and sitting in the audience or the lobby outside: Police Chief Kevin Walsh, Fire Chief Mark Cotreau, Recreation Director Lee Arthur.
Persons present from the public included: Victor Azzi, Steven Borne, Peter Crawford, Sally King.
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 6:29:13 p.m. (0:00 elapsed).
Summary
4.
The speed limit on Dow Ln. may be
reduced to 25 m.p.h. to address traffic safety issues.
Announcements
Selectman Musselman
announced that the public hearing on the CIP Plan would not be heard. One of the components is not yet
available. Selectman Jenness announced
trick or treat from 5:00 p.m. to 7:00 p.m. on October 30.
Public comments
Peter Crawford said
that he had missed the public hearing on the Conservation acquisition on the agenda
for the meeting, and asked whether the “a through p” documentation had been put
together. He said that, since the
property was a gift, his only concern was the possible presence of hazardous
waste.
Consent agenda (2:34 elapsed)
Selectman Jenness asked
to pull items a and b from the consent agenda (the
appointments of Ms. Hoffman and Ms. Sanborn to the Recycling Education
Committee and Heritage Commission, respectively. Helen Hoffman and Elizabeth Sanborn were both
present and provided some information about their backgrounds and interest for
the positions. Both were approved
unanimously, as were items c and d, the other items on the consent agenda
(acceptance of the resignation of Susan Anderson from the Energy Committee and
approval of the Seacoast Half Marathon on November 12, 2017).
Minutes (7:34 elapsed)
The minutes of the
October 11, 2017 meeting were unanimously approved with changes.
Cancer Cluster report (12:44 elapsed)
Dr. Tom Sherman was not
present, so the presentation was delayed until later in the meeting. Click here.
Cobble garden edge in the right-of-way
The requesting
residents were present and explained how sand from the road, which is higher,
was being dumped into their garden. They
want to install curbing to prevent that.
Selectman Musselman said that they have a memorandum from Public Works,
although neither Public Works Director Dennis McCarthy nor Public Works
employee Paul Paradis could be present.
Selectman Musselman asked whether the residents would be willing to sign
a hold harmless agreement that would permit removal of the curbing if necessary
in the future. That was agreed. All were then in favor of allowing the
intrusion into the right-of-way, subject to that condition.
Veterans tax credit (17:17 elapsed)
Contract Assessor Scott
Marsh presented. He said that the New
Hampshire Legislature had expanded the tax credit to make 90 days of military
service sufficient in the towns that adopt the expanded tax credit. Town Meeting approval is required. The expansion would allow veterans who have
not served in any war to obtain the credit.
There was discussion about the potential revenue loss. Mr. Marsh said that there were an estimated
154 “gap veterans” who would become eligible.
However another town had estimated 200 such veterans, but only 24
applied. He said that $77,000 would be
the worst case revenue loss. Selectman
Winslow noted that each $18,000 in expenditures results in a 1 cent increase in
the tax rate. This would result in $25
more in taxes for the average house, he said.
Selectman Musselman was
in support of the expansion.
Selectman Jenness said
that she would probably vote for it, but there is a big difference between
serving in a war and not serving. Her
husband Bill Jenness served on a destroyer escort and her brother slogged his
way through France. Her sister, on the
other hand, never left Boston.
Mr. Marsh explained
how, depending on the time frame, the current scheme may or may not actually
require serving in the war. He also
noted that towns are allowed to phase in the credit over a number of
years. Towns with concerns about the
potential cost have done that, he said.
Selectman Musselman
described a motion, made by Selectman Jenness, to authorize the Town
Administrator to work with the Town Attorney to prepare a warrant article to
provide the expanded tax credit.
There was additional
discussion about how the availability of the credit would be publicized if
adopted. Selectman Jenness noted that it
was difficult to identify veterans serving in World War Two or later. The names of those serving in earlier wars
are on monuments, she said.
Mr. Marsh confirmed
that widows of those eligible for the tax credit would also be eligible for the
tax credit.
Selectman Winslow noted
that he had just gotten a veterans license plate, which allows him to avoid
parking fees in Portsmouth.
All were in favor of
the motion.
Cancer Cluster presentation by Tom Sherman
(32:13 elapsed)
Dr. Sherman having
arrived, the presentation proceeded.
Dr. Sherman explained
how, in 2014, a few Rye parents had brought their concerns to DHHS and to him
as the State Representative at that time.
Dr. Sherman said that, in
2016, an investigation was completed and several large meetings held, with a
lot of concern. The DHHS, DES and EPA
are all involved, he said. Editor’s note: These apparently refer to the New Hampshire
Department of Health and Human Services, New Hampshire Department of
Environmental Services, and United States Environmental Protection Agency.
Dr. Sherman said that then-Governor Hassan
had called for a task force, which started meeting in June 2016. The public identified four areas of
concern: Pease Airport, the Seabrook
Nuclear Power Plan, Portsmouth Naval Shipyard, and the Schiller Power
Plant. Nobody was saying that any of
these were the cause, he said.
The term “Cancer
Cluster” is a CDC term, Dr. Sherman said.
Editor’s note: This apparently refers to the United States
Centers for Disease Control and Prevention.
A Cancer Cluster is statistically determined and is based on a
particular place and a particular time.
The DHHS statistics indicate that the CDC definition of a “Cancer
Cluster” has been met, he said. He also
said that Massachusetts monitors the southern New Hampshire border for
radiation into Massachusetts from the Seabrook Nuclear Power Plant. North of the border, the only monitoring is
by radiology badges. There is an active
monitoring station in Concord and dairy cattle are monitored. Seabrook (now owned by Nextera) would not
present to the Task Force. However,
members attended NRC hearings and obtained information that way. Editor’s
note: This apparently refers to the
United States Nuclear Regulatory Commission.
The Shipyard is highly regulated and monitored, and does a large
amount of active radiation monitoring.
Lots of information on Schiller was obtained from DES, he said.
(41:17 elapsed)
Dr. Sherman said that the second step of the
Task Force had been to develop a questionnaire to send out to affected
families. It was long and very detailed,
perhaps too much so for the families.
Many of the children had died.
Out of 40 surveys sent out, only 7 responses were received. Nothing was found in common among those
responses. Thus, it could not be said
that any link was found. The State does
not have a toxicologist. Most states do,
he said.
They would like to
continue annual reviews so there is a baseline.
There is also a second cancer, Pleuropulmonary Blastoma, a genetically-based
cancer, typically affecting the lung.
DHHS will be querying the cancer registry on an annual basis for these
two cancers, he said.
A lot of health care
for New Hampshire residents is done out of state. The cancer registry has to do a lot of
legwork to make sure all of the data is captured. The funding for the cancer registry, which
Dartmouth handles, has been cut in half, he said.
Dr. Sherman suggested
that personal interviews might elicit information from the remaining 33
families.
The good news is that
there have been no new RMS or PPB cases, Dr. Sherman
said. Editor’s note: RMS apparently
refers to Rabdomyosarcoma, the rare childhood cancer that has caused the death
of children in Rye and surrounding communities.
PPB apparently refers to Pleuropulmonary Blastoma.
Air quality issues are not limited to the
Schiller Power Plant. For example, the
Greenland Truck Stop has 5-10 semis idling at any time, emitting diesel
particulates into the air, he said. Coal
power plants also generate particulate matter, and there is the issue of ash
disposal. There are multiple unexplored
landfills throughout the state. A very
disturbing study of wood ash in New England showed high concentrations of
radioactive materials that were carried by the jet stream from nuclear testing
in Nevada. There is concern over the
integrity of the concrete walls at the Seabrook Nuclear Power Plant, which
generated a lot of discussion at the NRC hearing, he said.
Janet Stevens was on
the Commission and had talked about marine traffic on the Piscataqua River,
which is monitored by the Coast Guard, Dr. Sherman said.
Dr. Sherman said that
there have been releases allowed from the Seabrook Nuclear Power Plant.
Selectman Jenness asked
whether nuclear waste is stored on-site at Seabrook and the Portsmouth Naval
Shipyard. Dr. Sherman confirmed that it
is in the former case, but said that he did not know about the latter. There have been no accidental releases of
nuclear material from the shipyard, even at the time of the submarine fire, he
said.
At Pease, Dr. Sherman said, a lot of PFC
material from fire fighting foam has run off into a nearby well, resulting in a
need for remediation. The nearby
population has elevated levels of PFCs in their bloodstreams. In the past, DHHS has said that there is not
a role for monitoring. Parents have thus
had difficulty getting consistent answers from pediatricians. The longest lived component has a half life
of 6-8 years. Editor’s note: PFCs refer to
perfluorinated compounds. There has been unproven speculation that
this may be a cause of the RMS cases in Rye and surrounding areas.
(60:34 elapsed)
Dr. Sherman noted the involvement of
Representative Messmer and David Borden.
Editor’s note: David Borden and Dr. Sherman were the two
State Representatives for Rye through the 2016 election. Neither ran for reelection, and they were
replaced by Mindi Messmer and Kate Murray.
Dr. Sherman said that representatives from
the State agencies have abstained from voting.
They have had significant impact, however, he said.
There has been
overwhelming concern over the Coakley Landfill, Dr. Sherman said. There are high levels of PFCs in the ground
and surface water. Coakley is a former
gravel pit turned into a landfill. It got
trash from Pease. The plume of the high
PFCs has been found and mapped.
Currently, the state of the art for landfills is a lining
underneath. That was not done when
Coakley was closed, he said. Editor’s note: Instead, a theoretically impermeable membrane
was placed over the landfill, which was then covered with soil and grass. In theory, that should help prevent rain
water from percolating through the trash into the ground water. Now there is a “pump and treat” proposal,
he said. That is now being done at
Pease. At the time that Coakley was
closed, we did not know about PFCs, he said.
Dr. Sherman spoke about
bio accumulation of PFCs in fish. They
have had to close waterways in Michigan to fishing because of that, he said.
Dr. Sherman said that
U.S. Geological Survey has, he believes, confirmed that there is radial flow
off of the landfill. Senator Innis and
several others have called for immediate remediation. Editor’s
note: See the notes of the September 25,
2017 meeting, during which State Senator Dan Innis explained his position on
remediation, which opposed the pump and treat solution in favor of a more
expensive initial solution that would not require indefinite expenditures to
continue the pumping.
With the radial flow,
we are going to see continued leaching of this toxin, Dr. Sherman said. There is a potential threat to Berry’s Brook,
Little River, and Bailey’s Brook and other radial flow to the rest of the
seacoast. They heard testimony that the
seacoast is essentially on a single aquifer.
Breakfast Hill is the highest point on the Seacoast, he added. The concern is what would happen in 2-5
years, whereas, right now, the water is still fairly pristine, he said. The recommendations come out of those
concerns. Allowing the substances to
naturally degrade would be ineffective for controlling the migration of PFCs
into the surface water, he argued. Editor’s note: The Coakley Landfill is located immediately
southwest of Breakfast Hill. There is a
road from the parking lot of the Bethany Church on Breakfast Hill that leads to
the Coakley Landfill. The Coakley
Landfill is not in Rye, nor did Rye participate in sending trash to that
facility. Rye had its own Breakfast Hill
Landfill, to the immediate east of the Bethany Church, just west of Route
1.
Right now, we have detectable PFCs at very
low levels, but the water that is running off of Coakley is among the highest
PFC concentrations in the world. It is
not going to break down. The question is
where it will go.
Substitution of public
water for wells would accomplish two things.
First, it would provide safe water.
Second, it would prevent the draw of water that increases the migration
of the plume. Pump and treat would help
draw the plume back and prevent its migration, he said.
Dr. Sherman said that
there are two golf courses in the area whose water draws are monitored by the
State. There is significant funding
available from the MTBE settlement. Hopefully
some of that would go towards this remediation, he said. Editor’s
note: This is an apparent reference to
Methyl Tertiary Butyl Ether. It was used
to increase the octane of gasoline, however its use has declined due to
environmental and health concerns.
The Task Force is recommending that DES
require monthly testing of identified public water systems in Greenland, Rye,
North Hampton and Hampton where PFCs have been detected at a level greater than
18 parts per trillion. Editor’s note: The State standard is 70 parts per trillion,
however, New Jersey and Vermont have implemented lower standards. See the notes of the September 25, 2017
meeting where State Senator Dan Innis was present to discuss water and other
issues facing Rye.
Dr. Sherman expressed concern that
regulatory meetings and meetings of the CLG are not public. Editor’s
note: CLG apparently refers to the
Coakley Landfill Group, which consists of various entities that used the
Coakley Landfill, including Portsmouth, and would apparently be responsible for
paying for any cleanup.
Dr. Sherman revealed that Berry’s Brook is
stocked with 2000 fish per year, and referred to continued
monitoring of fish in Little Harbor.
Dr. Sherman spoke about
bi-partisan concern with conflicts of interest, including the fact that the
Town (sic) Attorney in Portsmouth is also the attorney for the CLG.
Dr. Sherman said that
the EPA is accepting the EPA number. Editor’s note: He is apparently referring to 70 parts per
trillion (ppt) for PFCs. He said
that Vermont is at 20 ppt and New Jersey is a little lower.
They heard from the EPA
at the last Task Force meeting, Dr. Sherman said. An addendum was just released saying that, at
current levels, there is not a threat to public health. Fish are being tested, but they won’t ask the
CLG for remediation, he said.
Dr. Sherman said that
he is personally very concerned. Now is
the time to act. The local State
Representative are in touch with the federal
delegation. The EPA has control over
Coakley.
Selectman Jenness asked
whether core samples had been taken of the mound at Coakley.
Dr. Sherman responded
that these had not been taken. It would
be expensive, and the cap would need to be resealed following this. Components of the trash at Coakley are below
the water table, he said.
Selectman Jenness asked
what happens to the Task Force’s recommendations. Dr. Sherman responded that a goal of the Task
Force was to make sure that the follow-on commission not
start from zero. He said that
NHDES and the EPA are responsible for Coakley, and the CLG is responsible for
providing funding.
(80:35 elapsed)
Selectman Musselman
asked for other comments and it appeared that there were none from the other
two Selectmen. He then said that he had
some comments. He said that he had been
an environmental engineer, practicing for 40 years in New Hampshire. He has knowledge of some of the
facilities. However, he is going to
limit his comments to what pertains to Rye.
He said that the
mention of possible flow to the east towards Baileys Brook is conjectural. He believes that all of the flow is to the
west. Baileys Brook crosses West Rd.
near Dow Ln., which is where any impact would be. There is a question there, but any impact is
unlikely. The statement that radial flow
is in all directions is overbroad. It is
towards Greenland and North Hampton. He
referred to a small brook in Greenland.
There is no data indicating that there is an impact on Rye, he
maintained.
Dr. Sherman said that
PFCs had been detected in Berry’s Brook where it crosses Sagamore Rd.
Selectman Musselman
said that it is an error to say that ash was deposited in the Grove Rd.
Landfill. The Rye Water District has
owned that site since 1976. At the end
of the operation of the Breakfast Hill Landfill, ash was deposited there. That will be a topic of discussion at the Rye
Water District meeting, he said. Editor’s note: This is an apparent reference to a public
information meeting on water issues that will occur at the Rye Elementary
School on November 15, 2017. Selectman
Musselman said that, on behalf of the town, he wanted to make these
comments. Editor’s note: See the notes of
the February 13, 2017 meeting, at which Selectman Musselman categorically
denied that ash had been deposited at the Breakfast Hill Landfill. He reversed his position at the July 10, 2017
meeting, during which he acknowledged that ash had indeed been deposited there.
Dr. Sherman said that
he would bring those comments to the Commission and have these things
clarified.
Steven Borne, speaking
from the audience, noted a high incidence of brain cancers as well.
Dr. Sherman
acknowledged the higher incidence.
However, there are several types of brain cancer. When looked at by specific types, no cancer
cluster was found, he said.
Mr. Borne said that
there needs to be a look at cumulative look at radiation. He also spoke about additional water being
drawn away by additional wells being planned by the Rye Water District and
Aquarion.
Dr. Sherman
acknowledged that a shift to public water would not eliminate the drawing
away. But there is a question of whether
it would be the same as there are wells in the immediate vicinity of
Coakley.
Selectman Musselman
said that they had been asked to sample various private wells by NHDES. Two wells sampled near Breakfast Hill in
September came out at zero. The problem
may well be deep in the bedrock. There
is no data on the various strata, he said.
He warned of a scatter shot approach to sampling.
Dr. Sherman argued that
a lack of knowledge does not imply safety.
Selectman Musselman said
that it also does not imply that there is a threat.
Mr. Borne said that 75
percent of fish stocks are wetland dependent.
Victor Azzi asked about
availability of the report.
Dr. Sherman said that
it is on the DHHS website. It can be
accessed by googling DHHS task force. Editor’s note: Click here
for the report.
Conservation gift, Ocean Blvd. (96:08
elapsed)
Conservation Commission
Chairman Sally King presented. She
explained that it involves 1.15 acres of wetlands to be donated by Deborah
Anderson. The value is approximately
$24,000.
Selectman Musselman
said that the Selectmen had met with the Conservation Commission. In a simple situation such as this (the land
involves an estate), they decided that the “a through q” (formerly “a through
p”) could be waived. The parcel is all
water, he said. Editor’s note: This is the
process put in place, around the time that the $3 million conservation bond
passed in 2014, to require that that an enumerated list of documents, including
for example, an appraisal, hazardous waste assessment, survey plan, etc. be put
together to support each decision to enter into a conservation acquisition.
Selectman Musselman referred to the question
about hazardous waste raised by Peter Crawford during the public comment
period. That would normally be related
to a prior use, or, on private land, the possibility that drums of hazardous
waste had been deposited there. However,
it is impossible to walk on this parcel, which is entirely under water. Selectman Jenness said that the wetness had
been created in 1900 by the dam associated with the road. Editor’s
note: This is an apparent reference to
Ocean Blvd. which was constructed about that time.
The motion to waive the a
through q on the acquisition carried unanimously. There was no motion or vote on the
acquisition itself.
Recreation guard rail and fence bid results (103:19 elapsed)
Recreation Director Lee
Arthur reported that 5-6 proposals had been received. The lowest, from Atlantic Coast Fence Co.,
was for $8900. The next lowest was for
$8962, and the bids ranged up to $19,000.
The Recreation Commission voted to recommended
Atlantic. All were in favor of the
motion to award the bid to Atlantic.
Dow Ln. safety issues (104:45 elapsed)
Selectman Musselman
reported that he was now in favor of reducing the speed limit on Dow Ln. to 25 m.p.h. He said
that he does not believe that it would set a precedent due to the unique
circumstances, including the fact that it is a short road. This would make it possible for the police to
issue tickets for motorists driving 32 m.p.h. It would be easy to contest a ticket for
going 32 m.p.h. in a 30 m.p.h. zone. He said that he cannot think of another road
with a 45 degree angle.
Police Chief Kevin
Walsh reported that the poles have arrived.
Editor’s note: These apparently refer to the plastic poles
to be installed in the center of the roadway. He added that safety would also be increased
by reconstructing the intersection.
Selectman Musselman agreed, saying that that must be done
regardless. Editor’s note: This is an
apparent reference to creating a 90 degree intersection between Ocean Blvd. and
Dow Ln. to slow down traffic entering Dow Ln. from Ocean Blvd, and also to
provide better visibility for those entering Ocean Blvd. from Dow Ln.
Fire department use of fire retardant foam
Selectman Winslow asked
whether the Fire Chief could look into this.
Selectman Musselman said that either Town Administrator Michael Magnant
or former Interim Fire Chief Tom Lambert had already done so, and found that it
had not been used “on site.” Editor’s note: This is an apparent reference to the Public
Safety Building and perhaps the former fire station, that
was located near there, but torn down after the Public Safety Building had been
completed. Selectman Musselman said
that they do know that it was used off site.
There is a difference between the A and B foams, he said.
Adjournment
Whereupon
the meeting adjourned at approximately 8:20 p.m.