NOTES OF MARCH 12, 2018 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: Police Chief Kevin Walsh, Fire Chief Mark Cotreau, Public Works Director Dennis McCarthy.
Persons present from the public included: Peter Crawford, Tyler McGill, Marissa Novello (Portsmouth Herald).
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 6:39:50 p.m. (0:00 elapsed). The
audio is off until 6:40:39 p.m. (0:49 elapsed).
Summary
Announcements (1:37 elapsed)
The
Town election on March 13, 2018 was announced, snow not withstanding.
Sealing of minutes (2:00 elapsed)
The motion of Selectman
Jenness to seal the minutes of the non-public session just concluded carried
unanimously.
Public Comment, including misinformation on
Esther Parsons legacy (2:11 elapsed)
Karen Allen, speaking
on behalf of the Library Board of Trustees spoke about things happening at the
Library and a Youth Librarian who had been hired.
Peter Crawford spoke
about the election and his disappointment with the lack of civility and the
importance of the debate which makes us strong.
He spoke about democracy at work and fighting against something that you
disagree with by providing more information.
He said that that introduced his second topic.
Mr. Crawford referred
to the card that he had received in the mail the prior Saturday. The entire back page is devoted to the Esther
Parsons legacy. It provides quite a bit
of misinformation. He said that voters
need to understand what went on with the Parsons property and what is actually
in the deed. The TD Bank parcel was
deeded to them in 1964. It has a deed restriction
which says no other commercial use than a bank.
I agree with the Town Attorney that that doesn’t limit anything with
respect to municipal use, he said.
The Ronnie Werner house
is to the southeast, followed by Parsons Park, Mr. Crawrod said. Behind the Werner property is town land which
wraps back around and behind the TD Bank.
Back in the 1980s there was a municipal complex that was going to be put
in. That was going to use two acres of
the town’s land and one acre of the back of the TD Bank parcel. That is when Maynard Young had written to
Esther Parsons to see if she would remove her deed restriction. That is what has caused all of this
confusion. He did not write to Esther
Parsons because the bank had told them that the deed restriction would need to
be removed before the town could use it.
The letter said that the bank “felt that the bank was somewhat obligated
to your wishes when you conveyed the land.”
Editor’s note: This quotation is from a letter from Maynard
Young to Esther Parsons dated January 24, 1986.
There was a release deed that would have completely removed the deed
restriction for no consideration, so I can perfectly understand why she would
not agree, Mr. Crawford said.
Then it is asserted
that she did not want a municipal use.
That is not true, Mr. Crawford said.
According to the letter “I had the bank build a bank that could be a
house there, if the bank was not successful.
The conditions were put in so no more businesses could come in.” It didn’t say anything about municipal use,
he said. It goes on, saying “[y]our new
complex would be wonderful if you could find a large place for it and enough
money to build it. You would have to
take two acres out of the park and one acre out of the bank property spoiling
both places, and there would be so many roads going out into the main road in
front of the school.” Editor’s note: These quotes are from a letter from Esther
Parsons to Maynard Young dated January 9, 1986. She was concerned about the municipal complex
not the acre in the back, he said.
Mr. Crawford read from
another letter that said “just bank and houses,” but doesn’t say anything about
municipal use. Editor’s note: That quotation is
from a letter from Esther Parsons to Richard Kutzleb dated March 10, 1986. Mr. Crawford referred to point six of the
flyer received on Saturday, which says “[s]he was also generous in helping to
get a needed bank for the citizens of Rye, but this land was deeded with the
specific restriction for a bank or residence only.” That’s not true, he said. No commercial use other
than a bank doesn’t say anything about residential or municipal use, he
said. The air needs to be cleared so
that the voters can have the right information, he said.
Editor’s note: The exact language
is that “the grantee, its successors and assigns shall make no other commercial
use of the foregoing premises than for commercial banking purposes…” The deed is at https://ryecivicleague.org/wp-content/uploads/2017/12/TDbank1964deed.pdf.
(10:17 elapsed)
Police Chief Kevin Walsh thanked Selectman
Musselman for his years of service.
Joe Cummins referred to
the New Castle tennis court having a lot of open time. He said that he knows that the townspeople
turned down a tennis court. He talked
about negotiating a junior status for Rye residents as the time in New Castle
can only be used by Rye residents in an organized program. He referred to Rye taxpayers having borne the
cost of a reduced tuition rate for New Castle students attending Rye Junior
High. He also spoke about the lack of a
trade program at Portsmouth High School, which Karen Allen disagreed with. Editor’s
note: Click here
for Mr. Cummins’ further research on the issue.
Consent agenda (19:10 elapsed)
Selectman Musselman
enumerated the items on the Consent Agenda which included the use of Parsons’
Field for Lacrosse, an email from Deborah Meyer regarding dogs on Rye beaches
and a letter from Cyndi Gillespie announcing her retirement effective August
31, 2018. Selectman Musselman asked to
remove the third item. Selectman Winslow
asked to remove the first item. The
motion to approve the second item carried unanimously.
Selectman Winslow asked
about the $150 for the Porta Potty for Seacoast Lacrosse and the location of
the Porta Potty so that it would not be visible. The motion with conditions to approve the use
of Parsons’ Field carried unanimously.
Selectman Musselman
said that he had been honored to work with Cyndi Gillespie. She has been professionally and personally
“truly outstanding,” he said.
Selectman Jenness
referred to the difficulty of filling her shoes.
Town Administrator
Magnant said that she had been very devoted.
Minutes (24:08 elapsed)
The minutes of the
February 26, 2018 public meeting were unanimously approved without
changes. The minutes of the three
non-public sessions were also unanimously approved without changes.
Summer Sessions – Police Chief’s concerns
from last year (24:57 elapsed)
Tyler
McGill apologized for the length of the document. He put a lot of time into addressing the
Chief’s concerns regarding safety, he said.
He asked to speak prior to consideration of the permit. He said that most of the other camps are
rubber stamped.
He
said that only Sawyers, Cable and Pirates Cove are “surfable” during the
summer. Sawyers is
the least crowded of Rye’s beaches. When
we were growing up it was always the surfing beach, he said.
Mr.
McGill said that traffic is up 15 percent over the past 6 years. During August there are 15,000 to 17,000 cars
per day. Only .002 percent is due to
their camp. From 2005 to present their
class size of 35 kids has not changed.
The
biggest issue has been ticketing of cars when people went over the rocks to
watch the kids. That is the safest place
to drop off kids. The Dunes parking lot
would not be as safe as it would be necessary to cross the street, he said.
Police
Chief Kevin Walsh said that he had asked Summer Sessions to work on a safety
plan. He spoke about all of the traffic
coming to drop off and pick up kids at the beginning and ends of the
lessons. He sees illegal U turns and
11-12 year olds struggling with surf boards.
Summer Sessions is the largest group in the permitting process. He says that he does not think that he is
going to get a safety plan.
Selectman
Musselman said that he had been a supporter of Summer Sessions’ program but he
is wondering why a business the size of Summer Sessions should use town
resources without sharing in the cost of providing them.
Tyler
McGill said that all of the business along Route 1 bring
in more people. He said that he believes
that Petey’s brings in more people.
Selectman
Musselman said that they do not use our beach.
This is getting old, he said. He
asked why there had not been a safety plan and why Summer Sessions had
contacted the Board of Selectmen directly.
He does not believe that the Selectmen are responsible for the Chief’s
request for a safety plan, he said.
Tyler
McGill said that Hampton supports Cinnamon Rainbows and there have been zero
tickets on Route 1 for U turns or jaywalking.
He said that the Tighe and Bond study had recommended additional parking
on the Eel Pond side. He said that
Summer Sessions is being singled with regard to the safety plan requirement.
Chief
Walsh said that Perkins Rd. is packed with his employees and there has been no
parking on the Eel Pond side since 1994.
It is not safe to cross and he does not want another crosswalk, he
said.
Tyler
McGill said that if the safety plan prohibits parking at Sawyers, 100 percent
of the kids will be crossing the road.
He asked about the parents arriving 20 minutes late.
New firearms for Police Department (52:53
elapsed)
Police
Chief Kevin Walsh referred to a new purchase from Sig Sauer. New firearms are needed based on their
age. He spoke about the officers having
needed to use their weapons to put down animals. He proposed going with P320 9 mm pistols
based on research. Those would allow
sharing ammunition. An FBI study has
shown that 9 mm pistols are better than 357s and 44s.
There
was discussion about the $429 price.
Selectman Winslow said that that was a good price based on research that
he had done.
The
motion of Selectman Winslow to approve $6418 for 17 Sig Sauer P320s with 250
units of ammunition, including $3400 trade in for 17 357 Magnums carried
unanimously.
Parking on Central Rd. in front of St.
Theresa Church (60:21 elapsed)
Chief
Walsh addressed. He said that putting
cones out has not been successful so they are looking at parking boxes in front
of specific houses. There is a question
about the need for a public hearing to add to the ordinance.
Selectman
Winslow asked what the response of the Rye Beach Precinct had been. Chief Walsh said that he had not thought
about it, but would check with them.
Selectman
Winslow noted that the parking lot is full on Christmas and Easter.
Joe
Cummins says that he received a ticket for parking on the street because the
lot was full. He has never seen
driveways blocked. He detects hostility
towards St. Theresa’s, he said.
Chief
Walsh said that while driveways are not blocked, those exiting must edge out
onto Central Rd.
Pole license, Sagamore Rd. (67:09 elapsed)
Public
Works Director Dennis McCarthy referred to an additional support pole on
Brackett Rd. He said that the secondary
poles are currently being removed. Editor’s note: This is an apparent reference to double poles
along Washington Rd. which were a reason to delay a pole license a few months
ago, pending removal of the double poles.
Selectman Musselman said that he had
speaking with Mr. McCarthy’s replacement at his former employer. He said that they have 40 year old equipment.
It
appeared that the pole license would be granted.
Email from Alice Soeweto asking for solar
power support
Town
Administrator Magnant said that the town was being asked to sign the
petition. Selectman Winslow said that it
would not be appropriate for them to be tied to this. The motion to refer the matter to the Energy
Committee carried unanimously.
Resignation of Leo Axtin from the Historic
District Commission (70:59 elapsed)
The
resignation was accepted. Selectman
Winslow said that a letter thanking him for his service would be
appropriate. Selectman Winslow said that
he had served on the HDC for five years and had been active while he was
there. Selectman Musselman said that he
had been on the HDC prior to Selectman Winslow and spoke favorably about Mr.
Axtin.
Conservation
purchase of Stoneleigh Preserve open space (71:47 elapsed)
Selectman
Jenness recused herself and left the table.
Editor’s note: Part of the land being used for the
Stoneleigh Preserve development is being sold to the developer by a trust
holding the land for the benefit of Selectman Jenness and her sister.
Selectman
Musselman said that, at the last Selectmen’s meeting a number of legal
questions had been raised. He referred
to a memorandum from Town Attorney Donovan and appeared to read from it. He said that Attorney Donovan had confirmed
that the Selectmen have the authority to waive an administrative policy and
that the acquisition is part of a court-ordered settlement at this point that
requires the acquisition for $300,000.
It is otherwise within the prudential responsibility of the Board of
Selectmen. He said that he had gotten
the Selectmen into the a through q process. Almost the entire list was within what was
submitted to the Planning Board and those documents are available for review in
the Planning Board files.
As
to the appraisal, as this is a court settlement it is not something that is
needed or appropriate under the circumstances, he said.
With
regard to the question of hazardous waste, potentially from logging activities,
the parcels had been walked extensively by the Planning Board, the Conservation
Commission and the public. The Town
Attorney notes that logging activity is not typically a source of hazardous
waste. The property that is being
acquired is largely on one of the two properties that was
not used for logging, according to reports provided to the Town. Editor’s
note: While the “a through q” process is
a Selectmen’s policy, the requirement that a hazardous waste environmental
analysis be performed on property previously used for commercial use was
adopted by Article 27 of the 2015 Town Meeting and is not subject to waiver by
the Selectmen.
The
conclusion is that the information that would have been provided by the a through q process is predominantly available, and it
is inappropriate to require an additional set of hoops. It is appropriate to waive the
a through q process, he said.
The
motion of Selectman Winslow to waive the a through q
process, seconded by Selectman Musselman, carried unanimously, Selectman
Jenness not voting.
The
motion of Selectman Winslow, seconded by Selectman Musselman, to approve the
56.9 acre acquisition for $300,000 carried unanimously, with Selectman Jenness
not voting. The motion stated that the
funds would come from the Conservation Land Acquisition Fund as provided by
Article 7 of the 2014 town meeting.
Selectman
Jenness retook her seat.
Editor’s note: In 2017, the Planning Board had denied
approval of a 17 lot subdivision in this location and the developer had
sued. In settlement of that litigation,
the number of lots was reduced to 13, but a condition of the settlement was
that the Conservation Commission pay $300,000 to purchase 56.29 acres of land
and that the Town pay $100,000 in addition.
Motion to commend Selectman Musselman for
his service (79:50 elapsed)
The
motion of Selectman Winslow, seconded by Selectman Jenness to do so carried
unanimously, Selectman Musselman abstaining.
Lang Rd. and Route 1 intersection
Selectman
Winslow said that he had spoken to the Portsmouth Parking and Transportation
Engineer. A cost estimate is currently
being done by a consultant for the light at the intersection of Longmeadow and
U.S. 1 and should be available in a couple of weeks.
Rebuttal of Joe
Cummins to lack of trade program at Portsmouth High School (83:28 elapsed)
Joe
Cummins provided some information from the Portsmouth High website that, he
said, refuted what Karen Allen had said earlier in the meeting (during the
public comment period) regarding that issue.
Adjournment (84:45 elapsed)
Whereupon the meeting adjourned at approximately 8:05 p.m.