See minutes of
June 16, 2008
TOWN OF RYE - BOARD OF SELECTMEN
Monday, June 2, 2008
Town Hall Courtroom
I. CALL TO ORDER & PLEDGE OF ALLEGIANCE
At 6:30 p.m. Chairman Musselman called the meeting to order.
Selectmen present: Chairman Craig Musselman, Vice-Chairman Priscilla Jenness, Selectman Joseph
Also present: Alan Gould, Town Administrator
. A. The Rye Energy Committee in collaboration with the Seacoast Science Center is
inviting residents of Rye to hang their clothes on a line.
Mimi White, member of the Rye Energy Committee, stated that according to the NH Carbon
Challenge website: If you hang your laundry on a line twice a week for one year you will have
prevented 345 pounds of CO2 from being emitted into the atmosphere.
Mrs. White said that the Rye Energy Committee in collaboration with the Seacoast Science
Center would like to invite Rye residents to hang their clothes on a line. She explained the
initiative will take place during the month of July and the first two weeks of August. Mrs. White
added that during this time there will be artists visiting Rye, to paint pictures of the clothes on the
lines. Some time in the fall, the Seacoast Science Center will host an exhibit of the paintings along
with relevant science projects.
Mrs. White handed out a sign-up sheet for those in attendance who would like to join the project.
Residents interested in this project should contact Mimi White of the Rye Energy Committee at 964-
6586 or by email: email@example.com.
Selectmen’s Meeting Minutes of Monday, June 2, 2008 2
III APPROVAL OF MINUTES
A. Meeting, Monday, May 19, 2008, 6:30 p.m. Town Hall Courtroom.
Motion by Joseph Mills to approve the minutes of the Meeting of Monday, May 19, 2008. Seconded by
Priscilla Jenness. All in Favor.
A-1 Non-public Session, Monday, May 19, 2008, 6:30 p.m., Town Hall Courtroom
Per RSA 91-A:3,II (b) Hiring (Sealed)
Motion by Joseph Mills to approve the minutes of the Non-Public Session of Monday, May 19, 2008.
Seconded by Priscilla Jenness. All in Favor.
IV. AGENDA ITEMS
A. THREE (3) CONSECUTIVE PUBLIC HEARINGS RE:
COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT
Chairman Musselman announced the purpose of the public hearings is to hear public comment on a
Community Development Block Grant application proposal to the New Hampshire Community
Development Finance Authority (NHCDFA). Up to $500,000 annually is available on a competitive
basis for housing and public facilities, economic development and emergency activities that directly
benefit low and moderate income persons. Up to $12,000 is available for feasibility study grants.
PUBLIC HEARING #1:
Chairman Musselman opened the public hearing at 6:42 p.m. He announced that there are
informational packets available for those in attendance.
CDBG Consultant, Donna Lane explained that Community Development Block Grants are awarded
by the New Hampshire Community Development Finance Authority (NHCDFA). Up to $500,000
annually is available on a competitive basis for housing and public facilities, economic development
and emergency activities that directly benefit low and moderate income persons. Up to $12,000 is
available for feasibility study grants.
The proposed application to the Community Development Finance Authority is for $500,000 in
Community Development Block Grant funds. The majority of the funds will be sub-granted to The
Housing Partnership for the construction of affordable senior housing at the Rye Airfield Retirement
Community Development at 160 Lafayette Road in Rye, New Hampshire. The CDBG funds will
finance a portion of the site development. The total project cost is approximately $4.9 million.
This project conforms with Rye’s Housing and Community Development Plan’s Goal of: Encourage
a varied stock of safe, sanitary, decent and affordable housing for persons of all age and income
groups. (Short-term and Long-term goal).
Funding request: $500,000.
Selectmen’s Meeting Minutes of Monday, June 2, 2008 3
Chairman Musselman asked if there were any comments or concerns from the public. There being
none, Chairman Musselman closed the Public Hearing at 6:44 p.m.
PUBLIC HEARING #2:
Chairman Musselman opened the public hearing at 6:44 p.m.
He explained the purpose of this hearing is to discuss the proposed Housing and Community
Donna Lane explained that the Town has to have a Housing and Community Development Plan in
order to access CDBG funds.
The proposed Town of Rye, Housing and Community Development Plan, adopted June 2, 2008 reads
The Town of Rye commits to the following goals to meet its Housing and Community
Goal: Encourage a varied stock of safe, sanitary, decent and affordable housing for persons
of all age and income groups. (Short-term and Long-term goal).
Goal: Encourage economic development activities to increase quality industrial and
commercial development. Encourage the expansion and retention of employment
opportunities for residents. (Short-term and Long-term goal).
Goal: Encourage municipal and private water and wastewater systems that are safe, sanitary
and that meet DES regulations. (Short-term and Long-term goal).
Goal: Preserve and promote the Town’s historically and culturally significant structures.
(Short-term and Long-term goal).
Goal: Promote activities that protect the health and safety of residents and visitors. (Short-
term and Long-term goal).
These goals are consistent with Rye’s Master Plan and ordinances.
As a matter of policy, Rye will minimize the involuntary displacement of households from
Any federal CDBG grant funds awarded to address any of these goals shall be expended
consistent with national objectives and shall, at a minimum, provide improved housing in
accordance with Section 8 standards, be used for public facility projects, employment
opportunities, or feasibility studies. All CDBG funded shall primarily benefit low and
moderate income persons or households, and shall not benefit moderate income persons to
the exclusion of low income persons.
Chairman Musselman asked if the Town of Rye has any industrial zoned land.
Selectmen’s Meeting Minutes of Monday, June 2, 2008 4
Mr. Robert Brown of 240 Washington Road answered that there are provisions for Industrial
Development in the Zoning Ordinance; however, there is no land currently zoned as industrial in
Chairman Musselman recommended revising Goal 2 above to read:
Goal: Encourage economic development activities. Encourage the expansion and retention
of employment opportunities for residents. (Short-term and Long-term goal).
Ms. Lane said that was agreeable.
Planning Administrator, Kimberly Reed stated that the Planning Board would also agree to this
Chairman Musselman asked if there were any comments or concerns from the public.
Mr. Brown noted that the Development Plan calls for affordable housing for persons of all ages,
however the project at Rye Airfield is age restricted for seniors. He asked if this will pose a problem.
Ms. Lane explained that it would not because this refers to the Town as a whole not just the Airfield
Mr. Victor Azzi of 1100 Ocean Blvd. asked about the affordability test for the project.
Mr. Marty Chapman, Director of Real Estate for the Housing Partnership explained that the project
will meet the Federal Government’s guidelines of debt level and low to moderate income. These
guidelines change every year. The procedure will be that when an individual applies, their income
will be verified through a mandated series of required documents. In addition there will be four units
that will meet the affordability test according to the Town Ordinance, which is less restrictive than
the government guidelines. He added that currently the annual household income level is between
$25,000 and $35,000.
Chairman Musselman asked if there were any other comments from the public. There being none,
Chairman Musselman closed the Public Hearing at 6:53 p.m.
PUBLIC HEARING #3:
Chairman Musselman opened the public hearing at 6:53 p.m.
Chairman Musselman announced the purpose of this public hearing is to discuss the Residential
Antidisplacement and Relocation Assistance Plan. Although this project does not involve any
displacement or relocations of persons (or businesses), if the Town were to undertake a CDBG
project which involved displacement or relocation, it would follow this plan. The plan outlines the
measures the town would take to find comparable, suitable housing for persons (or businesses)
displaced or relocated.
Selectmen’s Meeting Minutes of Monday, June 2, 2008 5
Donna Lane explained that although Rye is not relocating individuals with this project, if the situation should
ever arise, the Town will comply with the Uniform Relocation Assistance and Real Property Acquisition
Policies Act. Basically it states that the Town will find comparable housing, in a comparable neighborhood,
for a comparable price. She emphasized that this is not the case with this project; however, the Residential
Antidisplacement and Relocation Assistance Plan must be adopted every time CDBG funding is applied for.
Chairman Musselman asked if there were any other comments from the public. There being none,
Chairman Musselman closed the Public Hearing at 6:54 p.m.
Motion by Joseph Mills to adopt the Housing and Community Development Plan. Seconded by
Priscilla Jenness. All in Favor.
Motion by Joseph Mills to adopt the Residential Antidisplacement and Relocation Assistance
Plan. Seconded by Priscilla Jenness. All in Favor.
Motion by Joseph Mills to approve the submittal of the application and to authorize the
Chairman to sign and submit the application. Seconded by Priscilla Jenness. All in Favor.
B. Event Permit: America by Bicycle, Inc. for two events: Tuesday 7/22/08 -CA
to NH and Monday, 8/04/08 – OR to NH
Police Chief Kevin Walsh reported that all requirements have been fulfilled for the two events.
Motion by Joseph Mills to approve the event permit application for America by Bicycle for
Tuesday 7/22 and Monday 8/04. Seconded by Priscilla Jenness. All in Favor.
C. Arthur Ditto, Representation to the Rockingham Planning Commission
Technical Advisory Committee: Report on the 5/22/08 MPO/TAC meeting
Mr. Arthur Ditto, Rye’s representative to the Rockingham Planning Commission Technical Advisory
Committee presented the Board with an overview of the May 22, 2008 MPO/TAC meeting. He
reported that there was discussion on the NH Long Range Transportation Plan. This is the frame
work for transforming the transportation in New Hampshire. He gave the Board a hand-out and
explained that it represented a business plan, showing how the operation will be managed. Some of
the key points are: highway safety, preservation of current highways with upgrades and
improvements (there is a shift away from building new highways) and developing corridors, such as
the Route 1 corridor, Route 125 and Route 16. There is also focus on:
Asset management, to decide the best place to spend the money.
Performance measurements, to valuate the projects worth.
Contact sensitive solutions, to communicate current issues.
Investment Strategies, to recommend ways to distribute funds on a percentage basis for
Mr. Ditto added that the plan is out in draft form for comments.
Selectmen’s Meeting Minutes of Monday, June 2, 2008 6
Mr. Ditto reported on the Safe Routes to School Funding Program. He stated that there were only three
applicants from Rockingham County this year, Rye being one of them. The RPC/TAC recommended the
approval of the grant application from the Town of Rye.
Mr. Ditto told the Board that Rockingham Planning Commission is working on a Long Range Regional
Transportation Plan (a 20 year plan). He stated that there will be two surveys done for this plan. One survey
will be a household survey, by telephone and the other will be a web base survey for Town Officials.
Mr. Ditto reported that the work on the Memorial Bridge is scheduled for 2009-2010. The bridge will be
closed for six months during 2010.
D. Pole license application - Fairpoint Communications: Plan # 9AA79Y, Sagamore Road.
The Board discussed the need for FIOS service in Rye.
Motion by Craig Musselman to approve the pole license application from Fairpoint
Communications, on the condition that Fairpoint make consideration of bringing FIOS Cable
Television service to Rye a high priority. Seconded by Joseph Mills. All in Favor.
Chairman Musselman asked that a letter be sent to Fairpoint requesting Fairpoint to consider bringing FIOS
Cable to Rye.
E. E-911 Phase 2: Consideration of assigned addresses for town-owned vacant lots
to comply with E-911 and to assist emergency response teams.
Planning & Zoning Administrator, Kimberly Reed presented the Board with a detailed list of addresses and
maps & lot numbers for the parcels that the E-9-1-1 Committee has recommended for this phase of the project.
These lots are all currently vacant and owned by the Town of Rye.
It was noted that the Board had approved “Phase 1” of this project on May 19, 2008, when the Public Hearing
was held. The vote, however, was overlooked at that time.
Motion by Joseph Mills to approve E-911 Phase 1 and E-911 Phase 2. Seconded by Priscilla
Jenness. All in Favor.
F. Bids opening: Road Paving
There were three bids received from the following companies:
Bell & Flynn, Inc.
Pike Industries, Inc.
Brox Industries, Inc.
Detail information regarding these bids is available for review in the Selectman’s office.
Chairman Musselman stated that the Board of Selectmen will take the road paving bids under advisement at
Selectmen’s Meeting Minutes of Monday, June 2, 2008 7
G. Bids opening: Sale of 2000 Ford Crown Victoria
There was one bid received as follows:
Tri-State Auto Brokers
Exeter, NH $233.00
Motion by Joseph Mills to accept the Bid from Tri-State Auto Brokers in the amount of $233.
Seconded by Priscilla Jenness. All in Favor.
V. CORRESPONDENCE – None
VI. OLD BUSINESS
Chairman Musselman stated that he has had a conversation with Alex Vogt of the DOT regarding
putting a piece of public art or a sculpture in the middle of the Foyes Corner round-a-bout. Mr. Vogt
stated that the DOT would be glad to work with the Town on this project. The sculpture can not be
distracting to motorists. The DOT would have to review the plan for height and width.
Chairman Musselman also talked to a local sculpture, Walter Lift. Mr. Lift recommended the Town
put out a RFP on the project. He indicated that there would be a lot of interest from local artists. The
cost would run from ten to fifty thousand dollars. Chairman Musselman told Mr. Lift that the funds
would have to be raised through private donations. Mr. Lift stated that the proposals could provide
that if the funds are not raised the project is not done. During the fund raising a plaque would be
placed at the site describing the project and naming the artist, with recognition for anyone that
The RFP should reflect the theme of “The Gateway to the Ocean and the Salt Marshes of Rye” as this
is the first landing site in New Hampshire.
Town Administrator Alan Gould recommended contacting the newspaper. He suggested that there
be a short story on the proposed project, highlighting: (a) Community interest and (b) What theme.
Selectman Jenness suggested waiting until the next Town Newsletter, for better circulation to Rye
Police Chief Kevin Walsh expressed concern regarding visibility to motorist and the distraction
factor of just having the sculpture there.
Administrator Gould agreed.
Victor Azzi suggested setting up a committee to research these issues.
Mr. Arthur Ditto recommended waiting until summer is over, in order to observe the traffic flow
through the summer.
The Board agreed.
Selectmen’s Meeting Minutes of Monday, June 2, 2008 8
VIII. PUBLIC RECOGNITION
Greg Bauer of Bauer Construction stated that he applied for a DES Wet Land Permit for 2320 Ocean
Blvd. He stated that it is his understanding that from the Memorial Day weekend through Labor Day
weekend, the Town requires that no work to be done on the beach. He requested permission from the
Board to use F Street to do the work and to allow him to do the work now. He stated that the work
will take one day.
Motion by Chairman Musselman to approve Bauer Construction to use F Street for beach
access and to park an excavator off F Street, while repairing the seawall and stairs at 2320
Ocean Blvd., with the condition that Mr. Bauer provide the Town with a valid full permit and
with the further condition that the work be done on one weekday prior to June 19th.
Seconded by Joseph Mills. All in favor.
IX. OTHER BUSINESS
Motion by Selectman Joseph Mills to require all Town of Rye Boards and Commissions to
salute the flag at the opening of each meeting. Seconded by Craig Musselman. All in Favor.
X. ABATEMENTS – TAX YEAR 2007
The Assessor recommends the following abatements A-L
Interest will be added to refund amounts
A. Fraser for property at 2203 Ocean Blvd., Map 053, Lot 028B
Current: 173,000 Proposed: 150,000 Abatement: 23,000 Refund: $209.07
B. Ritter for property at 550 Brackett Road, Map 017, Lot 057
Current: 654,100 Proposed: 580,900 Abatement: 73,200 Refund: $687.35
C. Curvey for property at 2000 Ocean Blvd., Map 008, Lot 056 -001
Current: 1,106,300 Proposed: 1,086,300 Abatement: 20,000 Refund: $187.80
D. Rix for property at 1413 Ocean Blvd.. Map 17.4, Lot 11
Current: 2,479,300 Proposed: 1,665,700 Abatement: 813,600 Refund: $7,639.70
E, Breur for property at 2000 Ocean Blvd., Map 008, Lot 056-012
Current: 639,300 Proposed: 540,800 Abatement: 98,500 Refund: $924.92
F. Goyette for property at 40 Locke Road, Map 084, Lot 154
Current: 1,034,000 Proposed: 989,200 Abatement: 45,700 Refund: $415.41
G. Barnes for property at 41 Sea Road, Map 002, Lot 014
Current: 3,529,500 Proposed: 2,513,000 Abatement: 1,016,500 Refund: $9,494.11
H. Coutu for property at 1138 Ocean Blvd., Map 194, Lot 087
Current: 2,390,000 Proposed: 2,101,400 Abatement: 379,600 Refund: $3,564.44
I. Day for property at 29 Morgan Court, Map 022, Lot 003
Current: 711,700 Proposed: 668,600 Abatement: 43,100 Refund: $404.71
J. Shanahan for property at 37 Mountain View Terrace, Map 11, lot 33
Selectmen’s Meeting Minutes of Monday, June 2, 2008 9
Current: 397,100 Proposed: 340,100 Abatement: 57,000 Refund: $535.23
K. McLaughlin for property at 18 Shoals View Drive, Map 202, Lot 085
Current: 390,700 Proposed: 316,000 Abatement: 74,700 Refund: $701.43
L. Bassett for property at 48 Random Road, Map 010, Lot 030
Current: 838,800 Proposed: 479,700 Abatement: 359,100 Refund: $3,371.95
The Board took no action on abatement applications A-L, until a meeting is scheduled with the Town’s Assessor,
Howard Promer to discuss his recommendations.
The Assessor recommends denial of applications M – P
M. Moulton / DeNiro for property at 702 South Road, Map 003, Lot 004
N. Berounsky for property at 1191 Washington Road, Map 010, Lot 022
O. Jurus for property at 321 Washington Road, Map 16, Lot 119
P. Smith for property at 2000 Ocean Blvd. Unit 7, Map 008, Lot 007
Motion by Joseph Mills to accept the recommendation of the Town’s Assessor, Howard Promer
on the denial of abatement applications M-P. Seconded by Priscilla Jenness. All in Favor
There being no further business, Chairman Musselman called for a motion to adjourn at 8:03 p.m. So moved
by Joseph Mills and seconded by Craig Musselman. All in favor.
Cynthia L. Gillespie