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TOWN OF RYE - BOARD OF SELECTMEN
MEETING Unapproved Minutes
See meeting of 9/18/06
TUESDAY, SEPTEMBER 5, 2006
For corrections/approval
6:30 p.m., Rye Public Library
MINUTES
6:30 p.m.
I. CALL TO ORDER AND PLEDGE OF ALLEGIANCE
At 6:35 p.m., Chairman Mills calls the meeting to order.
Selectmen present: Chairman Joseph Mills, Vice Chairman Priscilla Jenness, and
Selectman Craig Musselman.
Also present: Alan Gould, Town Administrator.
The Chairman leads the Pledge of Allegiance.
II. ANNOUNCEMENTS –None-
III. APPROVAL OF MINUTES
A. Meeting and Site Walk, Wednesday, August 16, 2006, 4:00 p.m., Rye Town Hall.
Motion by Priscilla Jenness to approve. Second by Craig Musselman. All
favored. Motion carries.
B. Meeting, Monday, August 21, 2006, 6:30 p.m., Rye Library
Motion by Craig Musselman to approve with corrections. Second by
Priscilla Jenness for discussion.
Priscilla Jenness makes corrections on Page 7, F, Para. 3 delete “Big Swamp
Run” and insert “Cedar Swamp Run” and on Page 9, VII, C, Para. 1 and Para 3
delete “Jack Russell” and insert “Jack Driscoll”.
All favored to approve with corrections. Motion carries.
C. Meeting and Site Walks, Thursday, August 24, 2006, 2:30 p.m., commencing at
Site Walk A, continued at Town Hall.
Motion by Priscilla Jenness to approve. Second by Craig Musselman. All
favored. Motion carries.
C-1 Non-Public Session, Thursday, August 24, 2006, 3:35 p.m., Town Hall,
Per RSA 91-A:3,II (b) Personnel.
Motion by Priscilla Jenness to approve. Second by Craig Musselman. All
favored. Motion carries.
IV. AGENDA ITEMS
A. Carl Burnap: Petition for cell phone service in the area of Wallis Sands
Beach - Use of Pulpit Rock Tower.
Selectmen’s Meeting, September 5, 2006
Page 2 of 9
Carl Burnap, 8 Ocean View Avenue, read his petition to the Board: “Because of
the lack of a cell phone signal in the area of Wallis Sands Beach and the
surrounding area, we, the undersigned, would like to have the Board consider the
tower at Pulpit Rock Road to be put into service for that purpose”. He presents
the petition signed by approximately 134 residents to the Board.
Mr. Burnap states that there are not only people that live in the area that need cell
phone service but also people from out of town that use the area. Mr. Burnap
states that he is paying $50 to $60 a month for a cell phone that he cannot use
from this area. He is also concerned that people may need cell phone service in
case of emergency such as the problem with the 'streaker' at Odiorne State Park.
He knows that there are a lot more people that want cell phone service than have
signed the petition. He has written to Senator Gregg to sign the petition since he
has a beach house in the area but he has not heard back from him.
Mr. Burnap states that the tower has been there for 50 to 60 years and they don’t
have to put in a new tower.
Chairman Mills states that they have been considering the tower for cell phone
service for six years. There was opposition from the adjacent neighbors. He
states that the tower would be extended by approximately 10 feet. They have
received quotes from two different companies on cleaning out the tower and have
also asked the government to clean it and turn it over to the Town. Once the cell
tower goes in then they will maintain the tower.
Priscilla Jenness states that the government took over the land in 1943 and built
the tower in 1944. In 1978 the General Services Administration conveyed the
land and the improvements to the State Fish and Game Department through a
quitclaim deed. The deed requires that the premises be forever used and
maintained as a historical monument only. It prohibits this place as a use for a
park or recreational purpose. In 2001 the NH Fish and Game indicated to the
Town that they had no further use for the tower and they were anxious to convey
it. The tower is filled with bat guano and bird droppings and to clean it would
cost $10,485. In 2004 they said “Please let the General Services Administration
know that the town would be willing to take this cleanup on. If so we can
proceed with the disposal of the property once the property is clean. The GSA
would also see if anyone else was interested. At that stage the town would
express interest in acquisition either by negotiated sale or through public benefit
conveyance.”
Priscilla Jenness states that the town may clean the tower and still not acquire it.
She has thought of ways to obtain the tower such as putting it on the National
Historic Register and try to get money through a grant.
Mr. Burnap states that the First Congregational Church has a cell tower on its
steeple and they receive about $20,000 a year income on it.
Craig Musselman asks if a cell phone company would pay the cost of cleaning it.
Priscilla Jenness states that they could possible add town emergency funds for
radios that would help make it helpful for emergency rescues.
Norm Polcorny, 50 Oceanview Avenue, states that he cannot get cell phone
service in that area. He worries that there will be an emergency and he won’t be
able to use his cell phone. He feels that it should be a high priority in this town.
Selectmen’s Meeting, September 5, 2006
Page 3 of 9
He states that he just sold three acres to the Rye Conservation Commission and
he has no problem with a tower going in there.
Chairman Mills states that they had tests done at the tower and the cell phone
companies stated that the reception was very good at that tower. He states that
one cell tower’s revenue has been set aside for a new ambulance so that every
five or six years they are able to buy a new ambulance. The tower at Pulpit Rock
Road is there and they will only have to go up another 10 feet and they are also
talking about coming around the side with the grids. It will not be a major
undertaking. The problem is with communications to get everything organized.
Pat (unintelligible), Wallis Road, states that they have to get a tower in that area.
They are in a dead zone. She is paying for Com Star and it does not work in her
area. She also found out that the emergency 911 works on cell phones first and
then after trying the cell phones numerous times it then goes to a satellite but by
that time a lot of time has been wasted trying to connect.
Chairman Mills states that he is in favor of using the tower.
B. Event Permit: Granite State Wheelmen: recreational bicycle ride, September 23
& 24, 2006.
Chairman Mills asks for a motion to approve. So moved by Craig
Musselman and second by Priscilla Jenness. All favored. Motion carries.
C. Sign Request: Rye Lions Club for sign at Parsons Field announcing
the Annual Car Show on 9-17-06. Sign requested from 9-03 to 9-17.
Chairman Mills states that there is a seven day limit on signs so they will have to
put the sign up on 9-10-06.
Chairman Mills asks for a motion to approve the sign from 9-10-06 to 9-17-
06. So moved by Craig Musselman and second by Priscilla Jenness. All
favored. Motion carries.
D. Event Permit: RTB Relay, 9/16/06.
Alan Gould states that there are 3,300 participants but by the time they get to Rye
they are spread out and they do it by teams.
Chairman Mills states that he does not have a problem with the event but he
would like Lt. Kevin Walsh to give him a report after the event.
Motion by Craig Musselman to approve. Second by Priscilla Jenness. All
favored. Motion carries.
V. CORRESPONDENCE
Chairman Mills makes a motion to make the Correspondence List a permanent part
of the record with the Meeting Minutes. Second by Craig Musselman. All favored.
Motion carries.
A. E-mail message from Kathy and Leo Montalbano rec’d 8-28-06 re: “A
note of thanks to the town for the great services provided”
Selectmen’s Meeting, September 5, 2006
Page 4 of 9
Chairman Mills reads the E-mail into the minutes: “A note of thanks to the town
for the great services provided.
On August 2nd after climbing over the huge trees strewn over Central Road we
came upon the unbelievable sight that was our house. I have attached a picture
taken that night that depicts some of the devastation. The immediate response of
both the fire department and police with direction on what to do and what to
check was greatly appreciated. PSNH was on sight within hours and Joe Mills,
Bud Jordan and his crew were invaluable in helping us get our house “ship
Shape”. This morning the town crew was out there getting the last of the
branches that my wife and I dragged to the curb and this prompted us that to
write this note of “THANKS”. We are grateful for living in such a great town
that helped us out when thing looked so bleak.”
B. Letter from Elna Benoit, Grove Road, rec’d 8-21-06 re: Praise for
Recycling Center summer employee, Richard “Rick” Williams and thanks
for extending brush dump hours after the “micro burst.”
C. Letter from Patricia M. Weathersby, rec’d 8-30-06 re: Interest in re-
joining the Board of Adjustment..
Chairman Mills states that she was recommended by the BOA.
C-1. Memo from Susan Zarlengo rec’d 9-01-06 re: Recommendation from the Board
of Adjustment that Patricia Weathersby be appointed as an Alternate Member of
the Board of Adjustment. (Three year term)
Chairman Mills asks for a motion to reappoint Patricia Weathersby as an
alternate to the Board of Adjustment. So moved by Craig Musselman and
second by Priscilla Jenness. All favored. Motion carries.
VI. NEW BUSINESS
A. Design Charrette.
Craig Musselman discusses a design Charrette that is being planned to look at a
marsh restoration project on the west side of Awcomin Marsh adjacent to the
Town Recreation area. They had a site walk with representatives from the
Conservation Commission and the Mosquito Control Commission the week
before last and observed conditions on this piece of marsh. It is an area that is
not well drained and the drainage channels that have been there since the thirties
are now closed in and they observed that the water level from rainstorms is high
and ponded in the marsh and it is one of the most difficult areas for treating
mosquitoes. It is labor intensive and quite frequent chemical treatment is
required. There are varying viewpoints among wetland scientists as to how to
restore marshes to maintain both marsh health and ensure that mosquito
propagation is minimized. They are embarking on a program to be facilitated by
Ted Deers and others from DES to get wetland scientists to come to Rye in
October to get their perspectives and see if they can come to a consensus among
wetland scientists and among Commissions in Rye on how to restore this area of
salt marsh. It is a sensitive area because it is next to the Recreation Department’s
fields and children are out there all the time being impacted by mosquitoes.
There will not be a project unless all the groups can come together with some
kind of consensus and they are endeavoring to do this by this design Charrette.
Selectmen’s Meeting, September 5, 2006
Page 5 of 9
Chairman Mills states that the Goss property borders the marsh and they should
contact Mr. Goss before they do anything.
Craig Musselman states that the design Charrette is not a public meeting. It is a
meeting of professionals to take a look and possibly lay out alternatives. He
states that there are other abutters as well and they all will be notified at a later
date.
VII. OLD BUSINESS
A. NHMA Legislative Policy Conference (9-29-06) Additions to previously presented
policy recommendations (Correspondence I, 8-21-06): Eight floor policies for
consideration. Selectmen, please appoint a voting delegate to cast the town’s
vote at the NHMA Legislative Policy Conference.
Chairman Mills states that there are four recommendations from Cindy and he
states that he would recommend the opposition to the tipping fees increases.
Alan Gould states that he can attend the conference and he will send in a postcard
stating that he will go to the conference.
Chairman Mills states that he would advise Alan to go with Cindy’s
recommendation.
Alan Gould states that he thinks that if the penalty for failure to file utility property
changes passes the charges will be passed onto the consumer. He states that there
are mixed feelings about the electronic record retention. He feels that they still
should keep paper records. He also thinks that telecommunications in rural areas
will also be passed on to the consumer.
Craig Musselman states that there are 2,200 incorporated towns in NH, some of
which have one seasonal resident. This would require telecommunications to
provide service to them which is ludicrous. He states that FP7 “Opposition to
Tipping Fee Increases”- sledge tipping fees. He states that he presumes that they
have no ordinances in place.
Chairman Mills states that they could always come back at them for the recycling
center where they have the open (unintelligible). There is always a way they get
around things once they get something in there.
Priscilla Jenness states that this may be brought up by towns like Franklin who
have sludge distributed there.
Craig Musselman states that one of the treatment plants in NH is assessing
additional costs against towns that put limits on the land spreading. This is to say
that the state cannot penalize communities that are stopping the spreading.
Craig Musselman states that they are talking about supporting the floor policy
proposals 2, 3, 4, 5, and 7.
Chairman Mills states that they will get back to Alan on the other three policy
proposals.
B. Cable Road Sidewalk.
Selectmen’s Meeting, September 5, 2006
Page 6 of 9
Tom Pearson, Pine Street, states that there is increasing support on fixing the
Cable Road sidewalk. He presents a petition to the Board signed by 137 residents
requesting that the Cable Road sidewalk be fixed. He said that he was against the
idea to extend the road and put in a white stripe. They feel that it would end up
being a parking lot and would be unsightly and it would force walkers farther into
the street. The signers believe that the current sidewalk is a safety hazard as well
as a mess. The big issue is the safety issue since people are forced to walk in the
road to avoid unsafe parts of the sidewalk. He states that under NH Law Section
231:113 in Title 20. It requires that towns that own sidewalks - maintain, repair
and reconstruct them. The Cable Road sidewalk is unsafe and could lead to
liability if someone is injured. Generally, under NH statutes towns have immunity
from such suits but there are conditions under which the town could lose its
immunity and be exposed to significant damages. Another option the Town may
have is to ask the Jenness Beach District to pay for the sidewalk even though it
does not own it. He feels that it is really up to Rye to fix the sidewalk. The people
that he talked to view themselves as Rye residents and not just beach district
residents. Therefore, it is up to Rye to fix the sidewalks.
Tom Pearson states that the Jenness Beach District is merely just a taxing entity
for fire hydrants, streetlights and maintain beach right-of-ways. They just couldn’t
take over the sidewalk. It would require a vote and adopting a specific section of
the NH RSA’s specifically Section 52.1. Another option is to rip up the sidewalk
and extend the road and paint a white line designating a walking/biking path. The
people do not like this idea and they objected to it in the signed petition. Another
way is to say no to the whole thing and for them to file a Warrant Article to
reconstruct the sidewalks. This would not work because the town is already
required to do this under Section 231:113. The realistic option is for the town to
acknowledge its ownership of the sidewalk and implement a plan to fix it.
Jeff Quinn, Cable Road, states that he was driving toward the beach and there was
a family of five walking – a mother, father, two children and one in the stroller.
They were on the right side of the street which was opposite of where the sidewalk
is. They were in the street and Jeff Quinn had to negotiate around them. The
Town of Rye has the luxury of being on the Atlantic Ocean and many generations
of people have come to summer here and to vacation here. He feels that Rye
people have pride in their community. There is a lot of foot traffic that goes down
the street and they are forced to be out on the road. He states that when his family
goes down to the beach they walk in the road because it is safer than trying to walk
on the sidewalk. Some years ago the sidewalk was repaired from Surf Lane to the
beach and people were hoping that the entire sidewalk would be repaired. In some
portions the sidewalk has deteriorated to no more than a sandy path. He states that
he did not know that the town was considering widening the road. He thinks that
that could be worse with the moving of utility poles and mailboxes. He feels that
it is almost a historical piece of property that they want to have taken care of.
Alan Smith, Pine Street, supports that the town should have the responsibility of
repairing or replacing the sidewalks. Recently, his daughter-in-law came to Rye
with two small children and has a double wide stroller and it is impossible to
navigate the sidewalk with the stroller so she had to walk down the street with the
stroller. He states that with the beach there is a lot of traffic going back and forth.
He states that the cars and motorcycles speed down Cable Road and the beach
road. He encourages the Board to have the sidewalk repaired.
Selectmen’s Meeting, September 5, 2006
Page 7 of 9
Victoria Newman (sp) states that she lives on Cable Road and agrees with what
has been said. The cars speed on the road and when her daughter is on a bike and
she is worried about her safety. She feels if they widen the road then the cars will
go even faster. She feels that the sidewalks need to be repaired.
Hortense Tanguay states that she agrees with the people that spoke before her.
She feels that it is very dangerous.
Joe Sheehan states that the sidewalks are shameful and should be repaired.
Peter Hayes (sp), 139 Cable Road, supports that the town should repair the
sidewalks.
Mary Tobin, Cable Road, is in full agreement that the town should repair the
sidewalk. The road is the way to the beach and is already a gateway and if it were
widened the traffic would be even worse.
Dominique Bauman, Cable Road, feels that the sidewalks should be repaired.
Chairman Mills states that the Board has turned this over to the town attorney to
investigate. They cannot determine at this point who put the sidewalk in. The
indications that they have is that is was a Jenness Beach group that put it in before
they were incorporated. They are researching when it was put in. They will have
an answer when the research is done. They did not appropriate any money in the
budget this year to repair the sidewalk. They are starting to prepare the 2007
budget on Thursday and this will be voted on in March. If the decision is made
that the town is responsible for the sidewalks then they would not be repaired
probably until May or June of 2007.
Tom Pearson states that Chairman Mills said that someone in the Jenness Beach
area before the Jenness Beach District was incorporated in 1937 might have been
behind the building of the sidewalk. Tom Pearson states that this is probably true
because sidewalks are built by people petitioning the town to build them. He
talked to Roger Philbrick and his view was that it usually was people in business
that start the petition. There is Philbrick’s store on one end up on Central Road
and then across from Pine Street is the Rand Clambake and the Washington House
was along the road at that time which was a second class hotel for a while and a
boarding house and at the end was something else. These businesses were
probably behind it and also the people in the area. The pictures of the sidewalk
show that they were installed before 1926 long before the Jenness Beach District
was organized. The town is the only other entity that could own the sidewalks and
they are required to repair and maintain the sidewalks. It really is a simple issue.
Chairman Mills states that it is not that simple an issue. If it does not belong to the
town and the town repairs it. Then the people on Washington Road will say you
did it down there and then the people at Rye Beach will say that they are not
paying for their sidewalks anymore and the town should pay for them.
Speaker states that they should have a reasonable approach to this and at least have
some idea of what it will cost to renovate the sidewalk even if it was done in a two
year cycle.
Chairman Mills states that Bud Jordan came up with some figures on the price of
the sidewalk.
Selectmen’s Meeting, September 5, 2006
Page 8 of 9
Tom Pearson states that it was $22 a laying foot if it was reconstructed and
obviously the whole sidewalk does not need reconstruction. He roughly guesses,
“Xing out Surf Lane and reconstructing 20% of the rest of the sidewalk will come
to around $55,000.
Craig Musselman states that there may be two issues here. There may be one
simpler fix first to get the worst safety threats dealt with from a maintenance
perspective and then for reconstruction there may be a grant that could be pursued
in some kind of multi year approach. Everyone needs to recognize what Chairman
Mills has mentioned about the budget and that they spent $75,000 in two weeks
from the micro-burst which blew out the Public Works Department budget for
2006. There are lots of other drainage issues, sidewalk issues and other things that
will have to get in line for when they have money later on after they get the legal
opinion back from the attorney.
Tom Pearson asks if it will be put into next year’s budget if the attorney agrees
that the town should be responsible for the sidewalks. This issue has gone on for a
long time.
Chairman Mills states that a lot of people have moved to Rye because the taxes are
lower and they don’t make wild spending a top priority in town. They try to
minimize things so that they can keep the tax rate down. If they find out that the
town owns the sidewalk then they will address the issue.
Craig Musselman states that Tom Pearson has made his point and the Board hears
and understands his issue.
Chairman Mills states that they understand the issue. They did a site walk and
walked the entire length of Cable Road last year.
Mary Tobin states that a few years ago they did the lower end of Cable Road and
at that time quite a few residents had brought the subject up.
Chairman Mills states that when they did that they put it in wrong and they had to
try to correct it and it was a nightmare.
Chairman Mills states that it was down about 3 or 4 inches and they saw that when
they walked it.
Craig Musselman states that $55,000 might not seem like a lot of money to them
but it is a ton of money to the town of Rye. Their entire construction budget for
the year is only around $200,000 or so to take care of all road reconstruction, all
the drainage and other construction matters. They have people that they are
dealing with this year because in May they had to get to their front doors in boats.
They are under pressure from these people and they also have to consider the tax
rate that will be acceptable to people. They understand his concern but have to
take everything into account and deal with it responsibly.
Speaker states that he supports Chairman Mills comment about keeping the taxes
low but sometimes an item comes up that needs to be done and the town should be
responsible for doing it. They are not looking for a pretty sidewalk but a safe
sidewalk and making sure that no one gets hurt.
Tom Pearson states that he looked into the issue of grants. There is a regional
planning commission in Exeter and they said that all the money is used up and the
Selectmen’s Meeting, September 5, 2006
Page 9 of 9
first application that will be accepted will be in 2009 and the money will be
received in 2012.
Craig Musselman states that New Castle received a grant indication for a sidewalk
from Wentworth by the Sea to the Common for 2010. They applied late last fall.
Tom Pearson states that the Rye Beach District Charter takes into account the
construction and maintenance of the sidewalk, they cannot argue that the town
should pay for it.
Chairman Mills states that he already talked to them about it and they will want
the town to pay for their sidewalks.
Speaker states that the people from all over Rye would benefit from the repair of
the sidewalk not just people on Cable Road.
VIII. PUBLIC RECOGNITION
A. New Police Chief.
Speaker inquires on what the process will be in obtaining a new police chief. He
also would like to know the process in determining what to do with the old police
station.
Chairman Mills states that they have not made any decisions yet.
IX. OTHER BUSINESS
A. Dick Sherwin.
Dick Sherwin asks if anything new has been brought up on the subject that he
inquired about several weeks ago.
Alan Gould states that he spoke with Susan Zarlengo this evening and she found
some more material on the subject and was planning to have a report to the Board
by the end of the week.
NON-PUBLIC SESSION
Chairman Mills calls for a motion to go into a Non-Public Session per RSA 91-A:3,II (e)
Legal. So moved by Craig Musselman and second by Priscilla Jenness. Roll call vote. All
Ayes. Motion carries.
Chairman Mills calls for a motion to come out of the Non-Public Session and return to the
meeting. So moved by Craig Musselman and second by Priscilla Jenness. Roll call vote.
All Ayes. Motion carries.
ADJOURNMENT
At 7:52 p.m., there being no further business Chairman Mills calls for a motion to adjourn. So
moved by Priscilla Jenness and second by Craig Musselman. All favored. Motion carries.
Respectfully submitted,
Anne-Michele Scannell
