Unapproved minutes See minutes of May 19, 2008 For corrections/approval


Monday, May 5, 2008 6:30 p.m.
Town Hall Courtroom



At 6:33 p.m. Chairman Musselman called the meeting to order. Selectmen present: Chairman Craig Musselman, Selectman Joseph Mills and Selectman Priscilla Jenness Also present: Alan Gould, Town Administrator
II. ANNOUNCEMENTS A. Household Hazardous Waste Collection Day

Chairman Musselman announced that the annual Household Hazardous Waste Collection Day sponsored by the Southeast Regional Refuse Disposal District and the New Hampshire Department of Environmental Services will be held Saturday, May 10th from 9:00 a.m. to 12:00 noon at the Old Town Hall Parking lot on Winnacunnet Road in Hampton. Informational flyers are available in Town Hall, at the Recycling Center and are posted on the Town Website. Senate Bill 523 – Estuary Alliance for Sewage Treatment (EAST)


Chairman Musselman announced that Senate Bill 523, which was initiated by the Town of Rye, has passed both the House and the Senate and is now waiting to be signed by Governor Lynch. He further explained that EAST is a regional entity that was established for the purpose of developing joint public wastewater collection, treatment and discharge system for the disposal of treated wastewater, and for other water related purposes. Senate Bill 523 modifies the statute for EAST, allowing EAST to only take or hold land within the boundaries of those municipalities which are members of EAST. This Bill takes away the power of eminent domain over non-participating communities. III APPROVAL OF MINUTES A. Meeting, Monday, April 21, 2008, 6:30 p.m. Town Hall Courtroom.

Selectman Jenness noted the following correction: Page 3; 7th paragraph; 2nd sentence should read: “He asked if the Board wanted to purpose propose an alternate route down Big Rock and Perkins Road instead of Cable Road to Central Road.”

Selectmen’s Meeting Minutes of Monday, May 5, 2008
Chairman Musselman noted the following correction:


Page 2; 3rd paragraph from the bottom; should read: “Selectman Mills asked Mr. Bogle if, when going across a bridge, are cyclists supposed to use the sideway sidewalk or the road.” Motion by Joseph Mills to approve the minutes of the Meeting of Monday, April 21, 2008, as corrected. Seconded by Priscilla Jenness. All in Favor.


AGENDA ITEMS A. PUBLIC HEARING: Proposed changes in fees for septic system plan review and inspections.

The purpose of the hearing is to hear public input regarding proposed changes to fees for septic system review and inspection as follows: Plan review and witnessing test pits from $75 to $100; Additional test pits from $25 to $35; Inspection of bed bottom prior to construction $40 no increase; Revised/Amended Plan review from $25 to $35; In-kind system replacement inspection from $80 to $90; Consultation from $50 hr. to $75 hr. Chairman Musselman opened the Public Hearing at 6:35 p.m. Chairman Musselman asked Building Inspector, Susan Labrie to explain the proposed fee schedule. Mrs. Labrie said that currently the Town contracts out all septic system reviews and inspections and test pit reviews to Dennis Plante. The increase in the fee schedule is the result of the State DES Subsurface Department revisions to its regulations which requires more time in reviewing and conducting field inspections. Mrs. Labrie pointed out that these fees are passed on to the individual property owners. Selectman Mills asked how Rye’s fee schedule measures up to other communities in the area. Mrs. Labrie stated that even with the increase in the rates, the costs to the property owners are still less than what it would cost if the Town contracted out through Rockingham County. Rye residents are paying $100 for what other Towns are charged $300 to $400 for. She added that Mr. Plante gives the Town prompt, quality service, which is also passed on to the property owners. Chairman Musselman asked if there were any other questions or comments. There being none; Chairman Musselman closed the public hearing at 6:40 p.m.

Motion made by Priscilla Jenness to accept the fee schedule for septic system reviews and inspections as outlined. Seconded by Joseph Mills. All in Favor.
B. PUBLIC DISCUSSION - EAST COAST GREENWAY Open discussion regarding proposed routes for the East Coast Greenway. The East Coast Greenway follows NH State Roads 1A and 1B and has proposed diversions with signage on Town roads. Chairman Musselman opened the discussion regarding proposed routes in Rye for the East Coast Greenway. He noted that the Selectman’s Office has received correspondence from interested residents who could not attend this meeting. He referred to an e-mail from Jonathan Menes. Mr. Menes wrote that he didn’t think the Perkins-Big Rock-Cable routing was the best way to route cyclists. Mr. Menes pointed out that both Perkins and Big Rock are relatively narrow streets, and often there are children playing in the streets in that area. He expressed an additional concern about the routes because the cyclists will have to make a left turn to get back on Ocean Boulevard. This will be a problem, especially during the summer.

Selectmen’s Meeting Minutes of Monday, May 5, 2008


Chairman Musselman referred to correspondence from Carol O’Leary , in which she expressed concern about north bound cyclists getting onto Sea Road from Ocean Boulevard. She recommended taking a left at South Road because there is better visibility, making it safer. Administrator Gould summarized two additional e-mails: Andrew Doherty wrote to complain about cycling events where he has observed cyclists riding two and three abreast, interfering with traffic and creating hazardous situations. Suzanne Hurt wrote to ask the Board to support the NH Seacoast Bicycle Route. Chairman Musselman introduced Scott Bogle, Senior Transportation Planner of the Rockingham Planning Commission. Mr. Bogle introduced David Hickey (979 Ocean Boulevard). Mr. Hickey is Rye’s representative on the Advisory Committee for the Greenway Project. Mr. Hickey stated that Sally Baybutt (10 Berry Brook Lane) and he have been active on the Advisory Committee for over a year. The East Coast Greenway started as a national movement about ten years ago. He explained that the East Coast Greenway is referred to as an “urban Appalachian Trail”. Once it’s complete, there will be an offroad, non-motorized path from Calais, Maine to Key West, Florida. He added that some states are in the completion stage of the project, but because New Hampshire has only 19 miles of coastline, it could be the first to have a complete interim wrap. Part of the New Hampshire phase includes converting an old railway bed into a trail (“Rails to Trails”) from Newburyport to Maine. Mr. Hickey informed the Board that the committee has secured permission and funding from the NH Department of Transportation to put signs along Route 1A. Scott Bogle handed out a revised map of the proposed route. Mr. Bogle explained that the Advisory Committee is made up of representatives from eight coastal communities, three New Hampshire State agencies, the Rockingham Planning Commission, the National Park Service Rivers and Trails Program, the East Coast Greenway Alliance and neighboring trails organizations from Maine and Massachusetts. The goal of the planning process is to develop a conceptual design and an implementation plan for the New Hampshire portion of the East Coast Greenway, part of which is to identify an interim on-road route, with a long term off-road route. Mr. Bogle explained the proposed on-road route through Rye from the North is; Route 1A - to Marsh Road – to Parsons Road at Wallis Sands - Brackett Road – Washington Road to Route 1A. It continues to Rye Harbor State Park, then right onto Cable Road – left on Big Rock – to Perkins Road – left onto Central Road – left onto South Road. Mr. Bogle showed pictures of the signs that will be used on the route. The map shows the intersections where the signs will be placed along the route. The East Coast Greenway Alliance has secured a $5,000 Express Grant from the NH Charitable Foundation’s Piscataqua Region for the printing and installation of the signs to mark the route. Ann Malpass of 50 Sea Road observed that the connection between Sea Road and Ocean Boulevard would be difficult for the bikers because of all the parking at the Beach Club. She added that both Sea Road and South Road would necessitate a stop for the bikers, whereas Central Road has no stop sign. There was concern that this project would require road reconstruction. Mr. Bogle stated that there are no plans to widen the roads at this time. This is an interim plan, with the long tern objective being off-road routes via the “Rail to Trail” proposal. However, because this is one of the most scenic areas along the Greenway, the route on-road may be permanent, including access to the Newburyport - Maine railway bed trail. Mr. Bogle stated that there is currently a project to add shoulder width to Pioneer Road between Foyes Conner and the bridge on Odiorne Point. A member of the audience stated that she thought the wide area along Route 1A was for a bicycle traffic. Why would the Town propose another route? Why not just use the route the Town already has?

Selectmen’s Meeting Minutes of Monday, May 5, 2008


Mr. Bogle said that the proposal to shift the bicycle traffic to in-town roads comes from the recognition that there are places where cars are parked out on the shoulders and cyclists are forced into the road. Mr. Sam Winebaum of 58 Cable Road asked if the Town has ever approached the DOT about narrowing Route 1A to allow for both parking and bicycle traffic. By narrowing the road, the traffic will be slowed down. He referred to the example of Route 10, North out of Hanover. He added that he is in support of this project. Sally Baybutt said that the goal is to provide bike trails for everyone, including families with children, not just cyclists. Chairman Musselman asked the cyclists in the audience if there is any preference between riding on a residential street verse a less residential area. Comments reflected that the focus should be on safety. A member of the audience asked how many cyclists would be expected. Mr. Bogle said there has not been a usage projection done. He added that last fall on a sunny Saturday morning he drove south on the route. In the course of two hours he counted 120 cyclists, so there is a great potential for additional usage. A member of the audience asked if this will attract more motorcycles. Mr. Bogle said that this route is already identified as a scenic by-way of New Hampshire and the development of the route will not attract more motor traffic. A member of the audience asked if there was any economic value to this program, for the Town of Rye. Mr. Bogle answered that bicycle tourism as a whole has tremendous value to the Seacoast. Mr. Hickey pointed out that the State of Maine did a study about four to five years ago, on the economic impact of bicycle tourism. The results showed a revenue stream of about $65 million a year. So, bicycle tourism is a growing sector of the tourism market. Mr. Hickey made the observation that the routes outlined by this project are already being used by local bike riders. The professional cyclists are already using Route1. For the most part the professional cyclist will probably stay out on Route 1 and not use the in-town route. There was discussion on the Cable Road intersection. Selectman Mills made the observation that if the route that is approved turns out to be a problem, the Board of Selectmen has the authority to change it. There was discussion on the problem of cyclists riding two and three abreast. Mr. Bogle stated that there is no signage to address this issue, however, there is a brochure put out by the DOT that lists rules of the road for cyclists and drivers sharing the road with cyclists. It was distributed through bicycle shops. There is also talk about developing a trail brochure to go along with the route. This issue could be put into that brochure. There was a suggestion to have the brochure at some of the businesses in the area and also at the Police and Fire Stations.

Selectmen’s Meeting Minutes of Monday, May 5, 2008
There was a suggestion to have “single file riding” put on the signs along the routes.


Chairman Musselman asked for this to be looked into and requested that there be multiple signs placed at the Cable Road and Central Road intersection. Mr. Bogle said that he would look into the signs. Motion by Joseph Mills to approve the proposed route of the East Coast Greenway project, using Central Road to Cable Road to Ocean Boulevard and to erect signs along the Town roads on the route. Seconded by Priscilla Jenness. All in Favor. Sealed Bids – Vehicles for Public Works


1. 6-Wheel Dump Truck Cab and Chassis Sealed bids were opened. Chairman Musselman announced the following bids were received: a. Freightliner of New Hampshire, Inc. Londonderry, NH

Chairman Musselman did a quick review and reported a price of $107,403. {After the meeting it was discovered that the actual base Bid was $61,304.} b. Liberty International Trucks of NH, LLC Manchester, NH $63,250

2. Truck Body and Plow and Wing Package Sealed bids were opened. Chairman Musselman announced the following bids were received: a. Howard Fairfield, Inc. Pembroke, NH EW Sleeper Co., Inc. Concord, NH




3. Compact Tractor Sealed bids were opened. Chairman Musselman announced the following bids were received: a. Route One Tractor Sales North Hampton, NH DK-40 SE HST DK-45 SE HST b. Southworth-Milton Hopkinton, NH $19,197 less $3,400 trade-in $20,290 less $3,400 trade-in

$25,200 less $3,000 trade-in

Selectmen’s Meeting Minutes of Monday, May 5, 2008
Chairman Musselman stated that there is a lot of information in the Bid packages that needs to be reviewed prior to any action by the Board of Selectmen on these purchases. The Board of Selectmen will take the current information under advisement at this time. D. Event Permit: Granite State Quest, July 12, 2008, Bike Ride for cancer research


Police Chief Kevin Walsh stated that all the necessary paperwork and insurance documents are in order. He added that he will have the on duty officer inform the participants of the “Single File Rule”. Motion by Priscilla Jenness to approve the event permit request for Granite State Quest, July 12th Bike Ride for cancer research. Seconded by Joseph Mills. All in Favor. E. Investment Policy:

A new Investment Policy has been recommended by the auditors. It satisfies the requirements of RSA 41:29 and includes provisions required by GASB Statement No.40. Note: Funds held by the Trustees of Trust Funds are addressed in a separate investment policy adopted by the Trustees on April 18, 2008. Administrator Gould explained that the new policy is recommended by the Town’s auditing firm, Plodzik & Sanderson. It has also been reviewed by the Town’s Treasurer, Leon Blaisdell and he has approved it. Motion by Joseph Mills to adopt the revised Investment Policy as presented. Seconded by Priscilla Jenness. All in Favor.


Compliance with E-911: Phase One with request for input from Selectmen.

The Town’s Planning & Zoning Administrator, Kimberly Reed addressed the Board regarding compliance with E-911. Mrs. Reed stated that there will be three phases to being in compliance with E-911. The first phase is to change street names with no effect on house numbers. Mrs. Reed told the Board that a public hearing is not required for these changes, however it is recommended. The following are the changes recommended by the E-911 committee:     Cable Road and Cable Road Ext – Drop “Ext” and make both Cable Road Frontier Street and Frontier Street Ext – Drop “Ext” and make both Frontier Street Highland Park Ave. and Highland Ave – Make both Highland Park Ave. Myrica Ave. and Myrica Ave. Ext – Drop “Ext” and make both Myrica Ave. House number 18 will be impacted , however the number will not change Maple Drive currently has no buildings on it, therefore it should be deleted and leave it as part of Willowbrook Ave.


Selectman Jenness expressed concern regarding Cable Road. She pointed out that the Boulevard creates a distinct division between the two roads. She asked if this would create a problem for emergency calls to the area. Mrs. Reed explained that both the Fire and the Police have the E-911 maps and are very familiar with the area. Also, there is a policy that if a house number is not labeled correctly and either the Fire or Police

Selectmen’s Meeting Minutes of Monday, May 5, 2008
Department has a problem finding the property during an emergency, a letter will be sent to the property owner requesting that they remedy the situation. This is in compliance with a 1999 Town Ordinance. Chairman Musselman recommended scheduling a public hearing on May 19, 2008.


Selectmen Mills suggested taking Frontier Street out of this phase. He pointed out that there are other issues in that area that needed to be addressed. He stated that there are two houses on Oral Lane and two houses on Foyes Road with both roads connecting to Frontier Street. He suggested making it all Frontier Street. The Town Administrator recommended moving this issue to the third phase of the plan. Mrs. Reed agreed. Selectman Mills asked why Wallis Road Ext. is not on the list. Mrs. Reed explained that Wallis Road Ext. will be addressed in another phase of the plan because there will be more of an impact in the area. There will be homes affected. Mrs. Reed informed the Board that the mapping done by the E-911 headquarters is setup to be recognized by GIF. V. CORRESPONDENCE A. Email from Paula Snyder regarding membership on the Capital Improvement Program Committee (CIP):

Mrs. Snyder regrets she is unable to continue as a member of the CIP Committee. Motion by Joseph Mills to accept with regret, the resignation of Paula Snyder as a member of the Capital Improvement Program Committee. Seconded by Priscilla Jenness. All in Favor.


Copies of letters from Patricia M. Weathersby, President of the Friends of Pulpit Rock Tower re: Pulpit Rock Tower and alternate cell tower locations. 1. Copy of letter to Jim Raynes, Chairman Rye Conservation Commission 2. Copy of letter to George M. Bald, Commissioner, Dept. of Resources and Economic Development

Mrs. Patricia Weathersby explained that the NH Fish and Game Commission (the owners of the Pulpit Rock Tower) are currently in negotiations with Verizon Wireless to use the Tower as a cell phone transmission tower, which will mean adding a shield and doing other alterations to the tower. Mrs. Weathersby told the Board that there are approximately forty residents who are very opposed to this plan. Some of the reasons are; (1) The tower is a Historical Site, (2) this plan could affect property values in the area and (3) this proposal does not solve the area’s cell phone coverage needs. They have joined together as “The Friends of Pulpit Rock Tower” to work with the Town and the State to find alternative locations where a cell tower can be located. Mr. Jim Raynes, Conservation Commission Chairman, reviewed a list of Town-owned properties that may be available for an alternate location. He pointed out that some of the properties listed are too wet and added that if a property was used to secure a grant such as an L-Chip or NOAH, it cannot be used. He also stated that one of the properties listed is located in the Town Forest and cannot be used. Mr. Raynes said that a parcel off Morgan Court might be a possibility.

Selectmen’s Meeting Minutes of Monday, May 5, 2008


Mrs. Weathersby reviewed three State-owned properties that may be available and added that The Friends of Pulpit Rock Tower will also look into the possibility of using privately owned land. Mr. Raynes recommended having an independent company that builds these towers, such as Tower Ventures investigate the effectiveness of the area for the widest possible cell coverage. He said that he would follow up and get in touch with one of these companies. C. Letter from Michael Labrie: Development of commercial property at Foyes Corner with request for consideration and support of extension of the sewer from Portsmouth to service properties at 5 Pioneer Road and 25 Sagamore Road.

Mr. Michael Labrie asked the Board if they would be interested in extending the sewer line 2/10 of a mile from the Portsmouth line to Foyes Corner. He pointed out that there are six business/commercial properties. Chairman Musselman said that Portsmouth will not deal with private sewer extensions. They will only deal with the Town of Rye, so there would have to be an agreement between the City of Portsmouth and the Town. He asked Mr. Labrie if he was referring to a privately funded extension. Mr. Labrie said he was not sure. Chairman Musselman pointed out that in five years when Portsmouth completes their new Wastewater Treatment facility their rates are apt to triple. So the Board would have to be very sure that the Town would not be on the hook for any costs. There is a Sewer Use Ordinance in place, with provisions for extensions and expansions. Sewer extensions and expansions for commercial gain would have to be funded privately by the users. Chairman Musselman said that this issue would also have to go though Town Meeting. Mr. Labrie asked how he should proceed. Chairman Musselman suggested that Mr. Labrie have his engineer do a study to identify Mr. Labrie’s capacity needs, see if there are other users in that area and, have a costs analysis done followed by plans as to how the project will be paid for. D. Correspondence pertaining to Appointment of Representative to the Rockingham Planning Commission (RPC) 1. Copy of letter from Cliff Sinnott, Executive Director, RPC and Ted Tocci, Chairman to Donald Cavallaro re: Appointment status of Rye’s two representatives to the RPC. Victor Azzi’s term expires in May 2008. Bob Brown continues to serve a term until January, 2010. Copy of letter from Victor Azzi to Donald Cavallaro, Chairman, Rye Planning Board re: Mr. Azzi wishes to continue to serve as a representative to the RPC. Email letter from Victor D. Azzi to Craig Musselman, Chair, Board of Selectmen re: Mr. Azzi’s request for consideration of appointment to continue to serve as a Commissioner on the RPC.



Mr. Azzi’s appointment has been placed on the Planning Board Agenda for May 13, 2008. The Board has taken this information under advisement until after the Planning Board has met.

Selectmen’s Meeting Minutes of Monday, May 5, 2008



Letter from Patricia Owens, Business Mgr., Rye Water District re: the Water District’s Annual Meeting on 3/39/08, appropriating $1,242,787 of which $538,654.00 is to be raised by taxation. A copy of the District’s approved appropriations for 2007 (MS-32) was included.

Chairman Musselman noted the letter from Rye Water District along with the District’s MS 32. VI. NEW BUSINESS A. Night Paving on Foyes Corner Roundabout

Police Chief Kevin Walsh explained that the paving will be done Sunday, May 11, 2008. This has been advertised in the newspaper and on the Police Department’s Website and there will be a bill board on site. VII. VIII. IX. OLD BUSINESS - None PUBLIC RECOGNITION - None OTHER BUSINESS

Congregational Church Yard Sale
Chairman Musselman read a letter from the Congregational Church requesting permission to hold a Church Yard Sale utilizing part of the Town’s parking area adjacent to the church. The Board agreed that as long as the Church provides the Town with a Certificate of Insurance they have no problem with this event. Perambulation of Rye/North Hampton Lines Selectman Jenness reminded the Board that the Perambulation needs to be completed. Chairman Musselman asked that James Verra be invited to the May 19th meeting to update the Board on this issue. Cleaning of Catch Basins Selectman Jenness expressed concern regarding the cleaning of the catch basins. Public Works Director, Bud Jordan said that there will be over three hundred basins cleaned this year. Chairman Musselman asked Mr. Jordan if he felt that all the basins that need cleaning would be done. Mr. Jordan confirmed. Safe Routes to School Program Administrator Gould told the Board that Kimberly Reed, the Town’s Planning Administrator is requesting that the Board sign a letter of support for the Safe Routes to School Program. Mrs. Reed will be submitting an application to the State for a grant to help sponsor sidewalks between the School and the Library. X. Non-Public Session per RSA 91-A: 3, II (a) Employee Matters

At 8:55 P.M., Chairman Musselman called for a motion to go into Non-Public Session per RSA 91-A: 3, II (a) Employee Matters. So moved by Priscilla Jenness. Seconded by Joseph Mills. Mills-yes. Jenness-yes. Musselman-yes. At 9:15 p.m., the Board of Selectmen came out of the non-public session.

Selectmen’s Meeting Minutes of Monday, May 5, 2008


Chairman Musselman announced that the minutes of the non-public session were sealed during the session by unanimous roll call vote. Motion by Craig Musselman to promote Firefighter Charles Gallant to Fire Lieutenant. Seconded by Priscilla Jenness. All in Favor. ADJOURNMENT There being no further business, Chairman Musselman called for a motion to adjourn at 9:18 p.m. So moved by Priscilla Jenness and seconded by Joseph Mills. All in favor.

Respectfully submitted

Cynthia L. Gillespie

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