NOTES OF JULY 10, 2017 RYE BOARD OF SELECTMEN MEETING

Draft Revision C – Provided by the Rye Civic League

 

            Present (clockwise around table):  Town Administrator Michael Magnant, Selectmen Craig Musselman, Priscilla Jenness and Phil Winslow, Finance Director Cyndi Gillespie. 

            Also present and sitting in the audience or the lobby outside:  Police Chief Kevin Walsh, Public Works Director Dennis McCarthy. 

            Persons present from the public included:  Victor Azzi, Steven Borne, Tom Clifford (Rye Water District), Peter Crawford, Bill and Helen Sloane.

 

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 6:39:55 p.m. (0:00 elapsed).  The audio is off until 6:40:25 p.m. (0:30 elapsed).

 

Summary

 

1.      Town Hall employees will be receiving training in conflict resolution.

2.      The Planning Board and Zoning Board of Adjustment will be asked to change their rules to emphasize that members should not individually help applicants or those speaking with regard to applications.

3.      After denying any knowledge of ash deposited at the Breakfast Hill Landfill, Selectman Musselman now acknowledges that ash from Pease had been deposited there.

4.      Selectman Musselman reported that, in the 1970s, trash was deposited up to 13 feet below the ground water level at the Grove Road Landfill.  A recent test showing PFC levels of twice the maximum drinking water standard resulted in a visit by a DES engineer within two business days.  The landfill is only about 1000 feet from the Garland Well, which supplies 60 percent of Rye Water District water. 

5.      Selectman Musselman, whose firm, CMA Engineers, has been doing the sample gathering and analysis at the Breakfast Hill and Grove Road Landfills, declined to release information in the CMA files relating to work paid for by Rye taxpayers, asserting that summary level information provided to the town was all that was relevant.

6.      Portsmouth appears to be unwilling to pay to relocate the intersection between Lang Rd. and Route 1 to improve safety, despite State willingness to pay half of the cost.

 

 

Sealing of minutes (1:20 elapsed)

 

            The motion of Selectman Jenness to seal the minutes of the non-public session just concluded carried unanimously.

 

Public comment period (1:32 elapsed)

 

            Robert Wylde had comments about plumbing improvements in the battery barn.  Editor’s Note:  This is an apparent reference to the Old Trolley Barn, also known as the Old Police Station, which is located across the street, and down the road a bit, from Town Hall.  He also suggested another bay be added at the Transfer Station for salvageable items that are not appropriate for the Swap Shop.

 

Consent Agenda:  Sign request for Great Bay 5K race (4:25 elapsed)

 

            The only item on the Consent Agenda, Item A was pulled off.  It was a sign request by Natasha Goyette for the Great Bay 5K race.  The problem was that the sign is proposed to be 3x3 feet when the limit is 2x2 feet, but the larger problem is that the race was not to be run in Rye and was insufficiently related to the Town.  The motion to deny the request inasmuch as the sign was too large and and the request is inconsistent with the purpose of the sign ordinance carried unanimously.

 

Minutes (8:21 elapsed)

 

 

            The minutes of the June 19, 2017 meeting were unanimously approved with changes.  The minutes of the non-public session of the same day were unanimously approved without changes.  The minutes of the June 26, 2017 meeting were unanimously approved with changes.  The minutes of the non-public session of the same day were unanimously approved without changes.

 

Hiring of Daniel Barron and Dan Walker by Public Works (13:47 elapsed)

 

            Public Works Director Dennis McCarthy explained that Mr. Barron is currently working part-time for Public Works and he want to hire him for the full-time position.  Mr. Barron grew up in Rye, but no longer lives here, he explained.  After that was agreed to, Mr. McCarthy moved on to the hiring of Dan Walker to fill the part-time position just vacated by Mr. Barron.  This would bring Public Works back to a full complement.  The wage rate is $16.68 per hour.  His hiring also appeared to be agreed to. 

 

State Senator Dan Innis (16:21 elapsed)

 

            This item was skipped as Senator Innis was unable to attend.  It will be rescheduled.

 

Salt Shed Consultant Selection (16:30 elapsed)

 

            This matter was tabled.  It will be taken up in future public and non-public sessions.

 

Resident requests to relocate electric service under town roads (17:04 elapsed)

 

            Public Works Director Dennis McCarthy addressed.  He said that they have received multiple requests to relocate electrical service under town roads from residents that want to connect to a utility pole across the street from their homes.  This can prevent the need for a second pole on the same side of the road as the house, wires over the road and/or electric service above ground to the house as the wires can be run underground from the house all of the way to the existing pole across the street.  One of these requests has already been approved.  Another request at 195 Love Ln. has been received, and Love Ln. is scheduled to be repaved next month, Mr. McCarthy said.  There are potential problems with differential settlement and he is concerned with creating a precedent.  He recommends that the homeowner be required to bore underneath the road.

            Selectman Musselman said that the homeowner would need to agree to maintain the wiring.  It should also be buried in conduit, he said.

            Mr. McCarthy said that new subdivisions must have underground wiring, but this request involves an existing development.

            The request on Love Ln. was unanimously approved, conditioned on boring under the road and the use of conduit.  It was agreed that a policy for subsequent requests of this type would be developed.

 

Training on conflict resolution for Town Hall staff (23:45 elapsed)

 

            Town Administrator Magnant mentioned this issue, and added that it would require the closing of Town Hall.  He prefers that the training be conducted in a single day.

            There were cryptic references by Selectmen Musselman and Winslow to waiting until “other activities” were well along and the “situation.”

 

Amendments to Land Use Boards’ Rules of Procedure (27:14 elapsed)

 

            Selectman Musselman referred to their attention having been called to some board members having interacted with members of the public outside of meetings.  The rules are sparse on ex parte communications.  The ZBA is quasi judicial and this should be avoided.  Town Attorney Donovan had looked at this and opined that board members should not be giving advice to either applicants or to those who would be making comments, he said.  It was agreed that the Selectmen would write a memo to the land use boards suggesting that their Rules of Procedure be amended in accordance with his suggestions.

            There was also discussion about whether the Historic District Commission and Heritage Commission (with respect to its demolition delay authority) are land use boards.

            Steven Borne, speaking from the audience, said that he would have thought that the Conservation Commission should also be considered a land use board.  Editor’s note:  While it does not have formal authority, the Planning Board and the Zoning Board of Adjustment often seek input from the Conservation Commission, particularly with regard to wetlands issues.  The Conservation Commission conducts site walks and has applicants come before it in furtherance of its advisory role.

            Mr. Borne also mentioned that certain pages were discovered to be missing from the Planning Board’s Rules and Regulations.

            Selectman Musselman said that he did not know about the missing pages.  He said that one of the issues is board members talking to applicants regarding what is required.  Applicants should talk to the Building Inspector or the Planning Administrator about these issues, he said.

            Mr. Borne described how there was a twelve page version of the rules on the website, but the Rules and Regulations Subcommittee had approved a nine page version.  The entire document had been retyped in a different font, he said.  Editor’s note:  Click here to see the letter from the RCL on this subject.  Click here to see a summary of the undocumented changes.

            Selectman Musselman said that a request to make sure that the rules are complete could be added to the Selectmen’s memorandum. 

            The motion to pass on the advice and documentation by Selectman Jenness, seconded by Selectman Winslow, carried unanimously.

 

Breakfast Hill and Grove Road Landfill PFC Testing Results (37:43 elapsed)

 

            Selectman Musselman recused himself and left the front table to make a presentation on behalf of his firm, CMA Engineers.  He explained how his firm had been responsible for monitoring both the Breakfast Hill and Grove Road Landfills since 1996.  As more and more data has been obtained, the monitoring has become less frequent.  To date, the water quality impact, based on the conventional parameters measured, has been relatively minor, he said.  That is more the case with the Grove Road Landfill than the Breakfast Hill Landfill.

            Prior to 1996, the Rye Water District had its own testing and monitoring firm.  In about 2005, when I became a Selectman, it was determined that the Town would retain Eastern Analytical to do the testing, but that CMA Engineers would review the data and file the reports with the DES (New Hampshire Department of Environmental Services), Selectman Musselman said.  He announced that Paul Schmidt, a senior engineer with CMA was with him.

            Previously the only excess level was manganese at the Breakfast Hill Landfill, Selectman Musselman said.  That is present in the soil in New England and the landfill can cause more manganese to leach out of the soil than would otherwise be the case.  Some down gradient and up gradient wells exceed primary drinking water standards.  That has been true of both on and off site testing wells.  As a result, two or three years ago, the Town established a zoning overlay district down gradient from the Breakfast Hill Landfill which precludes the use of ground water for drinking water in this area.  One testing location had a level of more than .84 milligrams per liter which is the manganese drinking water standard.  Selectman Musselman pointed out monitoring well locations on the poster which is not visible in the video.  Editor’s note:  See the notes of the July 24, 2017 meeting.  The Town has refused to allow the public to photograph the posters, asserting that they are the property of CMA Engineers, that the Town no longer has custody of them, and that they are not “government documents” subject to the right-to-know law.

            The Breakfast Hill Landfill was in operation from 1976 to 1982 and has been capped with a clay cap with loam and seed over the top.  It has Rye residential trash and some commercial trash from restaurants and minor commercial businesses in Rye from 1976 through 1982. 

           

(45:15 elapsed)

            In the last year of its operation, unbeknownst to me, and I was representing Portsmouth at the time, and unbeknownst to Selectman Jenness, whose husband was the Road Agent before that period of time, we found out that ash from the waste-to-energy plant at Pease Air Force Base had been deposited at the Breakfast Hill Landfill, Selectman Musselman admitted.  We had recently heard an indication that there may have been a deal with the Town of Rye struck in the late 1980s to take the ash, he said.   The waste-to-energy plant was owned and operated by the City of Portsmouth, he said.  After talking to Roger Philbrick who had observed the ash being delivered, we confirmed that the assertion was true.  Editor’s note:  The RCL has also learned that State Representative Mindi Messmer, some time prior to this revelation, located a copy of the contract providing for disposal of the ash and forwarded it to the Selectmen.   The last several feet on top of the landfill is ash, with sand, then a clay cover, and loam on top of that, Selectman Musselman said.  

            We were asked in April by NHDES, as were all owners of active or closed solid waste landfills, to obtain samples from selected monitoring wells to analyze them for perfluorinated compounds, PFCs, Selectman Musselman said.  These are man-made chemicals that are ubiquitous, and exist in lots of materials including certain types of clothing and cosmetics, in Teflon and in anything that is slippery, he said.  They have only recently been able to be analyzed for.  They are analyzed at a very low level.  The standard is 70 parts per trillion, whereas VOC standards are typically in parts per billion.  DES asked the landfill owners to select wells to test in 2017 and 2018.  DES wanted us to go early, and they were particularly interested in the Breakfast Hill site. 

            In the third week of May, water quality samples for PFCs were gathered at both sites.  DES left it to us to choose what to do at the Grove Road site. 

            There are two main classifications of perfluorinated compounds, PFOAs and PFOSs.  An up gradient well that was sampled had a PFOA level of 3.3 and a PFOS level of 5.8, for a total of 9.1.   One of the up gradient wells that DES wanted sampled was not tested as that was not possible.  The 9.1 total is not uncommon for a background sample.  Airborne deposition can be a source at these very low levels, he said.

            Two of the down gradient wells on site showed excesses of the 70 parts per trillion.  At MW4A it is 82, at MW6A 74 and on the south side of the site it is 22.  The off-site monitoring well was a total of 68.  That is in the zoning overlay area.  I have no reason to doubt any of these results.  We are not proposing to resample, Selectman Musselman said.  Editor’s note:  It appears from the context that these figures apply to monitoring wells around the Breakfast Hill Landfill.  In 2016, a different part of DES did a rather comprehensive sampling of water wells in the entire area relative to the Coakley Landfill investigation, Selectman Musselman said.  Editor’s note:  The Coakley Landfill, unlike the other two, is not in Rye.  It is near the Breakfast Hill Landfill (to the southwest of it), in Greenland and North Hampton.  Access is obtained by a short walk along a path from the parking lot of the Bethany Church in Greenland, which is located adjacent to the Breakfast Hill Landfill, which is just across the town line in Rye. 

            Most of the area is served by the Rye Water District and most of the houses are not using ground water for drinking water purposes.  DES is checking to make sure that they have checked all of the wells, and I do not know that another step is necessary, Selectman Musselman said. 

            Selectman Winslow asked whether PFCs had ever been tested for before.  Selectman Musselman said that they had not been and that testing is not required by any of the groundwater management permits in New Hampshire.  DES might change that.  There are 100-150 landfills in New Hampshire.  They will get data from them and then decide on the next steps, he said. 

 

(54:47 elapsed)

            Selectman Musselman then turned to the Grove Road Landfill site.  The site was active from the mid-1930s until 1975.  It was initially a burning dump.  The trash would be piled up for a period of time and then set on fire.  That was the operation until 1964, at which point an incinerator was installed on the site.  That operated for three years and, what I am told is that the smoke ruined a wedding of the daughter of a judge.  He sued the town in 1965 and in 1966 the court ordered the Town to abandon the incinerator.  Editor’s note:  The case went to the New Hampshire Supreme Court, which affirmed the lower court’s decision in 1967.  See https://www.courtlistener.com/opinion/1496398/webb-v-rye/.  It was a burning dump for 26 years, an incinerator ash dump for 3 years, and a so-called sanitary landfill where trash was deposited and then covered by soil from 1967 to 1975, Selectman Musselman said.  It is in the recharge area of the Rye Water District’s Garland Well.  The property was originally a gravel pit and dump site for the Farragut Hotel, I hear.  The Farragut Hotel sold it to Abbott Drake in the early 1900s, who in turn sold it to the Town of Rye in the 1930s.  When the site closed in 1975, the Rye Water District wanted to, and did, acquire the site from the Town, for fair compensation.  I don’t know whether it was for a dollar, he said.  Editor’s note:  See Rockingham County Registry of Deeds (RCRD), book 2271, page 874.  Prior transactions are book 841, page 135, book 952, page 282, and book 1713, page 164.  See also RCRD plan D-6388.  The RCL has not reviewed these deeds in detail, but they appear to be consistent with what Selectman Musselman stated, except that some of his dates appear to be incorrect.  No data on consideration is included in the deeds.

            The 30 foot by 60 foot fire pond, which was well below the ground water level, was backfilled with trash.  There is municipal solid waste up to 13 feet below the ground water level.  The ash is buried.  Towards the surface, it is a more conventional sanitary landfill, Selectman Musselman said. 

            Selectman Musselman referred to the locations of the various monitoring wells.  MW1 is up gradient towards Joe Tucker’s property.  MW3 and MW3E are screened at two different levels, down gradient of the landfill, MW6 is down gradient of the landfill and the old fire pond.  MW101 is screened in the waste, below the ground water level.  MW5 is an off-site monitoring well, TW1574 is a Rye Water District test well for the Garland Road Well, which has been regularly monitored for some 20 years.  MW102 was installed in the late 90s and is 900 feet from the landfill. 

            The up gradient PFC concentrations were a total of 8.9 parts per trillion.  MW3 was 15.  There is not a significant increase from passing under the waste at the site.  MW6 has a PFOA level of 41 and a PFOS level of 110, for a combined total of 152, which is a little more than twice the established drinking water standard, Selectman Musselman said. 

            These data came out a week ago Thursday, late in the day.  Friday morning I notified Ken Aspen of the Rye Water District and both the water supply and water quality monitoring divisions of NHDES of the results, Selectman Musselman said.  NHDES acted very quickly and there was an engineer by Monday morning.  He sampled the Garland well, TW1574 which had not been analyzed, and took another sample of MW6.  A confirming round is needed.  These are very low concentrations.  Special gloves and equipment are needed to avoid contamination.  There could also be laboratory error.  DES also attempted to take samples from 15 private wells that are within 1000 feet of the old dump site, he said. 

            During the ensuing period after 1975, two additional deposits of solid materials were made.  A local contractor (once a Rye Water District Commissioner) deposited clay silt brought in from a construction site in Epping.  That is near MW101 and MW6, but also all over the site.  Dredge spoils from Rye Harbor were also deposited.  Soil from this site was used to build a berm across Rye Harbor in the early 60s.  Then dredge spoils from Rye Harbor was deposited behind the berm.  That is where all of the boats are stored during the winter between Ocean Blvd. and the new edge of Rye Harbor.  They ran out of room and some dredge spoils were deposited in the Awcomin Marsh as well as at the Grove Road Landfill site, Selectman Musselman said. 

            The suspected source of the contamination is the trash from 1975 in the old fire pond.  MW101 was installed in the deepest location as determined by borings that CMA had done, he said. 

            Selectman Musselman pointed to the posters and provided further descriptions.

 

(73:07 elapsed)

            The Garland Road well has been sampled several times, with levels of 6 to 8, well below the drinking water standard, Selectman Musselman said.  What is in the ground here is only one slice of a 360 degree cone that it draws from.  I believe that the flow gradients are correct and that the flow is towards the Garland Road Well, he said.  In all likelihood this is not new contamination.  There has been no public access to the site for 30 years, he said.

            From 1996 to 2004 there was a long series of selectmen.  Selectman Musselman said that he met with former Selectman Mills to see what he recalled.  In the late 1990s CMA had evaluated closure options for the site.  At one time it was believed that it was heading towards a full capping, but Rye Water District was concerned that more harm than good would be done. 

            Selectman Winslow asked whether the worst case was, short-term, dealing with residents with wells within 4000 feet, and long-term looking at closing the Garland Well.  At the last Water District meeting there was discussion about a $150,000 warrant article to look at beginning the process of locating an additional well site.

            Selectman Musselman disagreed, saying that that the data thus far does not lead to the conclusion that the Garland Well would need to be closed.

 

(81:49 elapsed)

            Tom Clifford, a Commissioner of the Rye Water District agreed, saying that they are looking to increase their production capacity.  The Garland Road Well is their primary water source.  PFC levels for the last two tests have been relatively low.  There is no discussion about closing this well.  If the levels reach an action level, there would be a potential need for a treatment plant to reduce the level of PFCs.  There is growth occurring in Rye.  At night, when people have been watering, the tank levels have been falling as the pumps have been unable to keep up, he said. 

            Selectman Winslow asked about the cost of a treatment plant.

            Commissioner Clifford spoke about a $6 million cost, but that was for a different sort of plant that has been in the Capital Improvement Plan.  The focus had previously been on biologics.  This would be an entirely different design. 

            Selectman Musselman referred to the worst case not involving closing the Garland Well, but rather removing the contamination from the ground. 

 

(89:04 elapsed)

            Victor Azzi asked what the Rye Water District had done. 

            Selectman Musselman said that it was Ken Aspen of the Rye Water District who had gotten DES mobilized.  They have been out to the site.  They shared with us the first suspicion, which was that, in 2012 there was a fire on two pieces of equipment adjacent to the parcel, a box trailer and a piece of excavating equipment.  The fire department responded and may have used some foam, he said.  Editor’s note:  Fire-fighting foam contains PFCs.  Press reports have asserted that foam used at Pease Air Force Base, mostly for training, led to the need to close the Haven Well, that previously supplied Portsmouth.  The Air Force will be paying several tens of millions of dollars to clean up this well and two others at Pease.  We think that it was Class A foam, which does not have these chemicals in high concentrations, Selectman Musselman said.  He pointed out the location, and asserted that it could not have impacted location MW6. 

            Selectman Musselman said that he and Paul Schmidt had pulled the project boxes out of archives in Milton, New Hampshire and had them brought “down here.”  We have gone through that entire file and looked at the history.  We walked the site with Roger Philbrick, a neighbor who knows the site well. 

            Victor Azzi asked whether the Rye Water District had bought the site due to the aquifer being located there.  Selectman Musselman and Commissioner Clifford affirmed.  Selectman Musselman also confirmed that the same aquifer underlies the present Transfer Station. 

            Selectman Musselman referred to discussions between 1990 and 1995 between the Rye Water District and the Town regarding the responsibility for monitoring.  I don’t think it was ever deeded back to the Town.  In 1996, with my involvement, Attorney Donovan worked on an agreement, but I do not believe it was ever signed, he said. 

            Steven Borne asked whether the posters could be posted to the town website in pdf form.  He also requested a summary table.  The state reps are going to be talking at the Library on the 13th,, he added.  Mindi Messmer is very focused on this, he said.  Hampton is also looking at an additional well.  Eversource is buying Aquarion.  Storm water runoff is the leading contributor to contamination, but last year a consultant, paid for by the Town, spent a lot of time on the issue but the Planning Board dropped it.  Editor’s note:  This was mostly due to resident opposition.

            Selectman Musselman said that that was a lot to respond to and that he could not.  He spoke about a report with two of the charts going up on the “one stop” data website.  The old plans and cross sections are part of the project file.  I don’t know that it is appropriate to get them reproduced at this point.  These were more for the understanding of the board and the attendees.  However, the basic data will be available on the website, he said.

           

(118:07 elapsed)

            Peter Crawford pointed out that all of this work was done by CMA under contract to the Town over the years.  He asked whether CMA would make all of its data publicly available. 

            Selectman Musselman said that all of the reports that were transmitted to the Town are public information. 

            Mr. Crawford asked about documents in CMA’s files. 

            Selectman Musselman said that these are not usually sent out to the public.  There is nothing hidden here.  The information was used to prepare reports to the Town of Rye, which is what is available.  There are boxes and boxes of plan sheets showing the grading of the landfill closure and cost estimates.  None of that is relevant here.  All of the relevant information is in the Town and State files and available to any citizen, he asserted. 

            Mr. Crawford said that he understood Selectman Musselman to be asserting that the information is not subject to the right-to-know law.  He said that he is asking Selectman Musselman whether, as President of CMA, he would waive the right to keep the information private.

            Selectman Musselman said that they had never had a situation where people have come to their office to cull through files.  Everything that I reviewed, that would be relevant to anyone, is in the Town and State files, he said.  Editor’s note:  Subsequently, Town Administrator Magnant asserted that the posters displayed at this meeting were owned by CMA Engineers, were not in the possession of the Town, and were not “government records” that were subject to the right-to-know law.  See the notes of the July 24, 2017 meeting.

            Mr. Crawford asked that the backup information used to prepare the reports be provided.

 

(101:59 elapsed) 

            Victor Azzi said that this is not only concerning, but it is alarming.  We are the beginning of what should be a very complete and long investigation.  It affects the life and health safety of the people in town.  Some states are using a considerably lower threshold than 70 parts per trillion, he said.  He said that he doesn’t know whether he should go home and drink the water.  He doesn’t know which of the sources the water comes from as it is all mixed before it is distributed. 

            Rye Water District Commissioner Tom Clifford says that Mr. Azzi is on Rye Water.  Sixty percent of the water comes from the Garland Well.  The other forty percent comes from one of the bedrock wells.  Currently there is 12-13 parts per trillion of PFCs in the Rye Water.  That is what comes out of the Garland Well.  Sometimes all of the water comes from the bedrock wells, which gives it a very faint hydrogen sulfide smell.  Mr. Clifford assured that no water would be distributed that exceeds State requirements.

            Steven Borne said that he doesn’t know how Mr. Clifford can say that, unless the water is continually tested. 

            Selectman Musselman said that it takes a very long time for water getting into the ground water to get to the Garland Well.  The intervening soil is all sand and it likely takes months and months.  Any contamination is likely not new as nothing has changed at the site since 1975, other than the soils that were brought in, he said.

            Victor Azzi asked whether the Coakley Landfill was contributing to the contamination. 

            Selectman Musselman said that there was no indication of that.  The Breakfast Hill Landfill is much higher, he asserted. 

            The motion to authorize Selectman Musselman and Town Administrator Magnant to meet with DES and the Rye Water District was made by Selectman Winslow and seconded by Selectman Jenness carried.  It appeared that Selectman Musselman did not vote.

 

Replacement of stairs at the Town Hall (118:15 elapsed)

 

            The matter was tabled.

 

Resident parking permits for those from out of town (118:40 elapsed)

 

            Town Finance Director Cyndi Gillespie pointed out that homeowners renting their properties are eligible to receive temporary permits that can in turn be provided to renters. 

            Selectman Jenness suggested that two temporary stickers that can be borrowed be provided to the Webster at Rye.  Editor’s note:  This suggestion apparently related to the request from a Stratham resident who wanted a permit so that she could take her mother, who lives at the Webster at Rye, to the beach. 

            Selectman Musselman thought that that was a great idea.  He suggested also that permits for those from out of town be sold for $60 to $100, and that more resident spaces be added.

            Selectman Jenness suggested that he might want to run that by Town Meeting.

            Steven Borne said that he had suggested non-resident stickers for dogs and surfers.

            Police Chief Kevin Walsh, apparently facetitiously, suggested a sticker for alcohol consumption on the beach.  He spoke about 3 or 4 beach stickers having been stolen.  There is another parking study ongoing, he said.  There is strong objection to the fines.  They are receiving lewd comments along with the online payments when fines are paid, he said.  He explained that, while stickers are supposed to be on the rear of cars, the front is also checked before a ticket is issued.

            All were in favor of the motion to authorize the issuance of two stickers to the Webster.

            The sticker for the non-resident daughter of a man who is a property owner in Rye was not agreed to. 

           

Letter from Bill and Helen Sloane regarding water and dirt flooding their driveway (131:53 elapsed)

 

            Public Works Director Dennis McCarthy noted that it is not illegal for water to run onto the road, however it is illegal to discharge more than the site originally discharged onto the road.  He explained the alleged offending homeowner had been required by the Building Inspector to submit a storm water management plan.  Water to a depth of six inches should be retained on site due to a berm, but this is not occurring.  The landscaper never installed the berm.  The homeowners attorney met with me, he said. 

            Selectman Winslow said that the issue was straightforward.  The plan called for a six inch berm, but this was not constructed.

            Helen Sloane said that they have tried to talk with alleged offending homeowner but they cannot. 

            It was agreed that a site walk would be arranged.

            Editor’s note:  Although it appears that Selectman Musselman knew, early in the meeting, that the Sloanes had come to discuss this issue, but he did not ask whether they would like to be taken out of order so that they could leave early.

 

Lang Road and Route 1 intersection

 

            Selectman Winslow said that he had attended a meeting where this was brought up.  The cost to relocate Lang Rd. behind the Service Credit Union would be $600,000.  The State would be willing to pay half.  However, Portsmouth would need to pay the other half and there is no indication that they have such funding, he said.  Editor’s note:  Due to restrictions preventing two traffic lights from being located close to each other, the intersection of Lang Rd. with Route 1 does not have a traffic light.  There have been a number of accidents at this intersection and delays turning left can be long.  The proposal is to relocate Lang Rd. so that it meets up with Route 1 at the existing intersection with Ocean Rd., which has a traffic light.

            Selectman Musselman noted that Portsmouth is borrowing $29 million for infrastructure projects.

 

Adjournment

 

            After Steven Borne attempted to make additional comments, Selectman Musselman stated that the public comment period was at the beginning of the meeting and refused to allow him to make his comments.  Whereupon the meeting adjourned at approximately 9:03 p.m.