NOTES OF MAY 12, 2014 RYE BOARD OF SELECTMEN MEETING
Final Revision B – Provided by the Rye Civic League
Present: Selectmen Mills. Musselman and Jenness. Also present: Town Administrator Michael Magnant, Fire Chief Skip Sullivan, Police Chief Kevin Walsh (arrived late), Public Works Director Dennis McCarthy. Not present: Town Finance Director Cyndi Gillespie.
Persons present from the public included State Representative David Borden, Phil Winslow, Keith Evelund, Lori Carbajal, Peter Crawford, Tom Farrelly, Tyler McGill, Cecilia Azzi, and Mel Low.
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 reference to the “audio elapsed” time are to an audio recording made of the meeting which may be posted on the RCL website at a future date.
Summary
1. Beach Permit issued to The Shack at Wallis Sands for stand-up paddleboard rentals.
4. Skip Sullivan resigns as Fire Chief. David Kornechuk resigns as Firefighter.
Non-public session, acquisition (0:00 elapsed)
The video begins at 6:14:46 p.m. (0:00 elapsed).
As the video begins, Conservation Commission Chairman Sally King, and Conservation Commission members Jim Raynes and Jaci Grote are observed on the video. The three Selectmen then voted to go into non-public session and the video ends.
At 6:15:24 (0:38 elapsed) the video jumps to 6:36:00 p.m.
(0:62 elapsed)
The video shows a roll call vote to come out of non-public session, which carried unanimously.
Announcements (2:26 elapsed)
Announcements were made regarding Memorial Day and the closing of Town Offices on that day.
Consent agenda items (2:49 elapsed)
The consent agenda items were approved unanimously.
Approval of minutes (3:23 elapsed)
The minutes of the regular session on April 28, 2014 was unanimously approved with changes. The minutes of the non-public session on that same day were unanimously approved without changes.
Update on Coastal Risks and Hazards Commission (7:45 elapsed)
State Representative David Borden started the presentation. He stated that the 1978 Winter Hurricane had cut off “our two towns.” Editor’s note: Mr. Borden lives in New Castle. If Hurricane Irene had come ashore here we would have lost 1000 buildings. He continued with a discussion of Berry’s Brook.
The discussion was then turned over to Phil Winslow. He spoke about the ongoing meetings with residents. The Town is looking at a one to six foot rise in sea level over the next 85 years.
The question arose as to inaccuracies in the FEMA maps. Mr. Borden stated that there are inaccuracies at the individual household level. Selectman Musselman stated that most of the solutions would fall on the individual property owners.
Beach permits: The Shack (25:18 elapsed)
“Wes” and one other individual, apparently representing “The Shack,” stood up. Wes said that the focus of their business is on paddle boards at Wallis Sands Beach. Rentals do not occur on the beach, and the boards may be taken elsewhere. Lessons with 1-2 persons are also conducted.
Selectman Musselman asked about a reference in the application to groups of 50 people. Wes stated that this was hypothetical. They did not conduct events last year.
Selectman Jenness asked about the paddleboard tours. Wes stated that these are generally five persons or less, with one instructor. While activities are conducted on weekends if needed, these are not in the surf zones. Also, lessons are not conducted when the surf is too high as they would be too “dicey.” There are fewer than 50 boards available for rent, he said.
There was discussion about the insurance expiring at the end of May. Wes stated that the policy was renewable.
Selectman Mills asked Police Chief Walsh whether there had been any issues with this group the prior year. Chief Walsh responded that there had not been any.
Selectman Musselman stated that other groups had been limited to 25-35 persons. A single event with more people would need to be worked out with the Police Chief, he said. Wes agreed that a permit, as for a bike race, would be requested in such a case.
The two persons then provided their names and addresses. They were Joel St. Geme, 11 Fairhill, and Wes gave his address as 13 Appledore.
There was discussion about limiting the lessons to four persons, and the need to apply for an event permit if there were more participants than that.
Selectman Musselman asked whether weekend lessons could be restricted to occur between the hours of 10:00 a.m. and 5:00 p.m. Wes stated that they try to start earlier when it is less crowded.
Selectman Musselman asked whether there were any public comments. There were none.
(38:08 elapsed)
Chief Walsh then read back the conditions agreed to:
1. Renew the insurance and show proof thereof.
2. Large events will require an event permit.
3. Lessons are limited to four persons at a time per instructor.
4. Hours of operation are 8:00 a.m. to 7:00 p.m. during the week, and before 10:00 a.m. on weekends.
There was discussion regarding the last condition. Wes stated that they would do their best to schedule them before 10:00 a.m. Chief Walsh stated that lessons could start prior to 10:00 a.m. Selectman Jenness moved to approve. Selectman Mills seconded. All were in favor.
Beach permit: Viva La Dance, Marianela Ramirez (40:26 elapsed)
There was discussion regarding the location of the proposed activities. It appeared that this was to be in front of the Brown Cottages south of Jenness State Beach, although Ms. Ramirez referred to it being to the right of the flag “all the way.”
Ms. Ramirez gave her address in Hampton.
Selectman Musselman noted that 100 participants were indicated on the application. He asked how many there had been the prior year. Ms. Ramirez indicated that it varied, but gave figures of 50 to 70. She referred to benefits for cancer and Down Syndrome. She put 100 to be on the safe side. She stated that the figure does not include those walking on the beach enjoying the music. Chief Walsh stated that the insurance expires August 27, 2014 but the application covers through September.
Selectman Musselman expressed concerns about a blockage preventing people from walking the beach laterally. Ms. Ramirez passed out pictures, and stated that the events occurred at low tide, 6:00 to 8:00 p.m.
Selectman Musselman asked about generators and amplified music. He asked about restricting the activity to the use of hand-held, battery-operated devices. Ms. Ramirez responded that it would be difficult, but doable. She expressed concern about the participants being able to hear the music since they face the ocean.
Selectman Jenness referred to a big complaint being the sound. People go to the beach for the seagulls and the surf. Ms. Ramirez responded that it was secure and safe. They had been doing this for five years.
There was then discussion about the reggae music at Saunders and how that had been dealt with by limiting volumes and turning the speakers.
The program lasts only for an hour, or four hours in the entire year, Ms. Ramirez said.
Selectman Musselman asked about threatening statements on Ms. Ramirez’ Facebook page. Ms. Ramirez spoke about the 4010 followers on her webpage with the freedom to post. She said that it hurt her that someone was trying to take away something that was only four hours in the year for parents and kids to come and enjoy.
Selectman Mills referred to the person as a “faceless accuser.” He said that Selectman Musselman had challenged him for bringing up a similar issue regarding the McGill brothers at the Junior High. He is now challenging Selectman Musselman for bringing this up, as it was not supposed to be discussed. Editor’s note: The McGills are co-owners of Summer Sessions. There was a public hearing at Rye Junior High involving beach issues on October 9, 2013.
Selectman Jenness asked whether this could be done with headphones. Chief Walsh indicated, if this is approved, it would be difficult to prevent other events with sound systems on the beach.
Selectman Musselman asked whether Ms. Ramirez had asked the State whether it could be done at Jenness Beach. Ms. Ramirez indicated that that beach was too small. Chief Walsh suggested Ragged Neck with flooring, as is used with tents.
Selectman Mills asked about complaints last year from the Brown Cottages. Chief Walsh said that there had been two to ten such complaints. Ms. Ramirez stated that the residents had come to join them. Selectman Musselman quipped that some of them called the police and some joined Ms. Ramirez. Ms. Ramirez asserted that, in five years, she had not had a problem with anyone on the beach. People thanked her for bringing happiness to the beach, she said.
Selectman Musselman indicated that having the events at Ragged Neck on the grass, away from residents, would be better. Ms. Ramirez referred to problems with the handicapped on the grass.
Selectman Mills asked whether Ms. Ramirez could find a sound system that would not require a generator. Ms. Ramirez agreed to look into this.
Devin Farrelly, 18 Gray Ct. asserted that Article 23 limits groups to 35 persons. Tyler McGill asked what section of Article 23 that limitation was in. Editor’s note: The only limits on group sizes in Article 23 are that groups of more than two persons, including the instructor, require a permit, and that group lessons of three or four persons, including the instructor, require only an overall permit rather than a specific one.
The matter was tabled to the May 27 meeting.
Frank McDermott, 30 F St., spoke about a concern about amplification in general, not just those involving a generator. Anything beyond that used by someone on a beach blanket is inappropriate, he said. He questioned whether it would be low tide at the specified time of the events in the evening. Selectman Mills responded that the request was for June 27, July 27, August 24 and September 7, and that it would be low tide on all of those days.
Tom Farrelly asserted that Ms. Ramirez had asserted on the Facebook page that the threat had been “liked” by her on Facebook. He asserted that Ms. Ramirez was being disingenuous. He continued, saying that when he was exposed to Zumba on a Sunday afternoon he could feel the bass in his chest. Approving this would open the door to line dancing and other activities involving loud music, he said.
Beach permit: Summer Sessions (66:03 elapsed)
Chief Walsh stated that Tyler McGill had contacted him after the conditions had been sent out by the Chief. Editor’s note: See the notes of the April 28, 2014 meeting, at which the Summer Sessions permit was approved with Ryan McGill present.
Tyler McGill apologized for not being present at the prior meeting. He said that the Article referred to large events. Editor’s note: Tyler McGill was a member of the 2013 Beach Use Ordinance Committee which was responsible for drafting the ordinance. There is no issue with regard to the events, but the regulation of lessons is an issue, he said. If a family calls on a Tuesday to set up a lesson on Friday there would not be enough time to get a permit. He read from section (l) of 2014 Article 23:
“Permits issued for the rental of Designated Beach Equipment, and for lessons involving groups of three or four, including the instructor, shall require proof of insurance and signed Certification of Participant Release and Release of Town of Rye by Participants forms, but shall not stipulate the frequency, magnitude and location of these activities.”
Mr. McGill stated that the Article provides that lessons were not going to be within the jurisdiction of the Town. He requested that the restrictions be amended.
Selectman Musselman noted that the restriction approved last time did not restrict lessons during the week. The restrictions apply to weekends and were taken from a “very credible presentation” by his colleague from Cinnamon Rainbows. In addition, Ryan had said this restriction was fine. The Selectmen could just as easily say that there could be no lessons on weekends, Selectman Musselman said.
Mr. McGill pointed out that Dave Cropper of Cinnamon Rainbows still can use Hampton Beach without restrictions on weekends.
Mr. McGill pointed out that a private lesson is not an event, and read again the language stating that it “shall not stipulate the frequency, magnitude and location…” To place a limitation to three such groups is completely incongruous with what the Beach Use Ordinance Committee had decided as a group, and what the Town had stated, he said. Private lessons and rentals are clearly delineated as not being restricted, he said.
(77:49 elapsed)
Selectman Musselman said that the problem with removing what he was objecting to is that lessons of 35 persons would be allowed on weekends, which is unacceptable. Mr. McGill disagreed, and referred to a three to one ratio, apparently of participants to instructors. He has four or five coaches on staff on any given Saturday, so the maximum number is less than 35. He referred to the private lessons as specifically not being regulated by Article 23.
Selectman Musselman countered that nothing was said about weekends in the Article. Selectman Musselman said:
“Tyler, you’ve been arguing every single point for a year. Every single point. And now we have agreement. You go away and you come back. And you don’t like it. And you want to change it. And you want to make it broader. It’s happened four times in my recollection during the Beach Use Committee process. And I don’t know what to do to help you. I don’t. I’ve been trying to help you. I’ve been trying to help you for a year.”
Mr. McGill said “I appreciate that.”
Selectman Musselman continued, saying:
“What you’re saying is what you’d like to do is to take us to court because the words here don’t allow you to say something about three lessons at a time. That’s what you want to do. At this point after what we’ve been through for the last year. I can’t believe that.”
Mr. McGill said that their private and semi-private lessons have not been an issue, so it does not make sense to cap them at three such lessons. Selectman Musselman asked how many people he had had in the water on weekends the prior year. Mr. McGill estimated that it was 15-20.
Selectman Musselman indicated that taking out the weekend restriction would be unacceptable to him, but motioned to the other two Selectmen, appearing to invite their input.
Selectman Mills suggested a trial period for half the season without the restriction. He suggested revisiting around July 15 if there are issues.
Chief Walsh questioned where the people would go as the beaches are full on certain weekend days. The separation requirements between surfers and swimmers would be violated, he said.
Selectman Musselman asked whether 10:00 a.m. to 5:00 p.m. on weekends would be a problem. That was changed to 9:00 a.m. to 8:00 p.m. after discussion between Selectman Musselman and Mr. McGill.
Note: The video ends at this point (84:01 elapsed). The notes from this point have been prepared using a personal audio recording and the handwritten notes of the writer. The reference to “audio elapsed” is to the elapsed time in that recording, which may at some point be available on the RCL website.
Selectman Musselman noted that the ordinance covers groups of three or four, including the instructor, and states that those may be regulated. He suggested a maximum number of lessons of three or four people. He suggested that the limit of 1-3 lessons be increased to 1-4 at a time. That was agreed after Mr. McGill noted that that was the maximum number of simultaneous lessons the prior year. The limitation on the number of lessons on any particular day was removed. Groups of 1 or 2 would not count. Chief Walsh agreed that he could deal with this.
Steven Hillman, 399 Central Rd., suggested that Tyler keep tabs and come back with numbers so that they could see what they were dealing with. Selectman Musselman agreed that this was a good idea, and would be coordinated with the Police Chief. He added that there should be a midcourse report prior to the end of July.
Mr. Hillman noted that he took people out and taught them to surf, and was surprised that he had not been called on it, even though he does not charge for it. There should not be nitpicking with the Police called each time someone is observed teaching surfing. There needs to be common sense, he said.
Tom Farrelly, 18 Gray Ct., asked how many surf shops would be conducting activities on Saturday and Sunday. Selectman Musselman responded that there would be three. Mr. Farrelly stated that the biggest issue was July and August on weekends.
Chief Walsh read the revised condition. Selectman Musselman noted that there was no maximum number of lessons occurring during any particular day, only a limitation that four lessons could be ongoing at any particular time. Selectman Jenness moved to approve the revised condition. Selectman Mills seconded. All were in favor.
Shooting in Brentwood, death at Cable Rd. Ext. and hockey score (1:31:28 audio elapsed)
Skip Sullivan announced that a police officer in Brentwood had been shot and killed. He also reported that a gentleman from Massachusetts had gone into cardiac arrest at 4:00 or 5:00 p.m. that day and was not revived. A paramedic had responded to the scene. Immediately after that, Selectman Musselman announced the hockey score as Montreal 1, Boston 0.
Food composting (92:46 audio elapsed)
Deidre Smymos, 92 Clark Rd., reported on a plan to compost food waste. She introduced Ryan Fox who provided this service. Ms. Smymos proposed a six month pilot program. The cost for 1-2 dumpsters would be $2500, which would provide a three year payback at a first year return of $1100. The Town is currently paying $72 per ton to dispose of this waste, plus the cost of hauling it to Rochester, but Mr. Fox would charge only $60 per ton.
At this point, Lori Carbajal reported that she had received a text indicating that the video streaming was not on. Mr. Magnant got up and cycled the switch on the wall several times.
Mr. Fox reported that the composting is currently being done in Eliot, ME. There is a limit of 400 tons per month, but less than half of that capacity is currently being used. He clarified that the program would be voluntary, as it is in Eliot.
Selectman Musselman stated that it was a fine idea, however it should not be sold based on the economics as he expects tipping fees to be reduced to the low to mid $60s in the near future. Mr. Fox indicated that he is already doing curbside pickup in Rye for $16 per month.
The motion to authorize the voluntary trial program with management by Mr. Fox and a revisiting of performance in six months carried unanimously.
No smoking signs for Town Beaches (116:58 audio elapsed)
Public Works Director McCarthy indicated that there were five signs planned. The question as to whether it would say per order of the Board of Selectmen or per order of the Town. The consensus was that neither notation would be present.
The discussion then turned to whether a logo from the sponsor could be included. Selectman Musselman indicated that advertising was not appropriate. Steve Hillman stated that Portsmouth Regional Hospital would probably be donating money. There is no indication that placing their logo was a requirement of receiving the donation. Editor’s note: Mr. Hillman is the father of eighth grader Isabella Hillman, the sponsor of the warrant article encouraging no smoking on the beaches.
Beach rubbish recycling (126:45 audio elapsed)
Mr. McCarthy reported that Northeast Recycling was the only bidder at $5689, up from about $4800 last year.
Solid waste hauling contract (128:32 audio elapsed)
Mr. McCarthy reported that the solid waste contract ends on July 1, 2015 while the transportation contract with Triano ends on August 26, 2014. It is not worth putting it out to bid with the solid waste contract coming up. He proposes extending the contract, with no, or minimal, increase, to make the end date match the solid waste contract.
This appeared to be agreed.
Status of solid waste contract (132:16 audio elapsed)
Mr. McCarthy first reported the status of the solid waste contract. Two towns in the district will probably want to pull out and go on their own. The Town of Rye also needs to look at this. There is a good chance that the district may disband. There would then be the issue of what to do with household hazardous waste.
Selectman Musselman stated that he would be recusing himself when the matter comes before the Board of Selectmen as he is the District Engineer. He provided details about how the RFP is being structured. He stated that he had helped form the District 25 years ago. Selectman Musselman stated that seven of the ten communities now have town-wide curbside collection. He is not necessarily advocating that, he said.
Front end loader (139:48 audio elapsed)
Mr. McCarthy reported on the revised proposal. All bidders were asked to drop their bids by one size of machine. This has now reduced the bids below the funding level. Editor’s note: 2014 Warrant Article 9, providing $175,000 for a new front-end loader, passed 1004-617. The transfer station operators have tested the various machines and have provided their input. The recommendation is to go with the Volvo L-60G at a price of $170,839. They are offering a $7000 trade in for the bucket dozer, which is no longer used. There is a lower bid for a Case 621F from Beauregard for $167,950 after trade in, but that had the lowest rating. The Cat 924K bid had a last minute adjustment of the trade in to $10,000, but that came in late and it would be unfair to take that into account.
There was then jocular banter about whether Selectman Mills might want to approve the bid, and discussion about tying it in somehow with firewood.
The motion to approve the purchase of the L-60G carried unanimously. Mr. McCarthy reported that it would be a lease purchase. The details would be worked out with Cyndi Gillespie. The interest rate will be around two percent if they act quickly, otherwise it will be 2.4 percent.
Resignation of David Kornechuk from Rye Fire Department (145:42 audio elapsed)
It was indicated that the retirement would be effective June 12, the earliest that it could be scheduled with New Hampshire Retirement. The motion to accept this resignation carried unanimously. Editor’s note: The Town’s 2013 Annual Report refers to Mr. Kornechuk as a Firefighter/EMT rather than a Firefighter/Paramedic. The need for a fourth Firefighter/Paramedic (the Town currently has three) was discussed during both the 2012 and 2013 budget processes. It appears that this resignation will permit the hiring of a fourth Firefighter/Paramedic without increasing the Fire Department headcount.
Resignation of Skip Sullivan as Fire Chief (146:28 audio elapsed)
Selectman Musselman, apparently reading from the resignation letter of “William H. Sullivan,” reported that what had started out as a three-month interim position would reach the seven year mark at the end of June. It is a younger person’s job, the letter indicated. His last day will be Tuesday, September 2.
Mr. Sullivan noted that he had already retired, so this was a resignation, not a retirement.
Selectman Mills stated that he had never heard the “H,” apparently referring to Mr. Sullivan’s middle initial. Mr. Sullivan responded “71,” apparently believing that Selectman Mills was referring to his age. There was laughter. Mr. Sullivan then indicated that the “H” stood for “Henry.”
The motion to accept the resignation carried unanimously.
PSNH Smart Start Program for Public Safety Building (149:35 audio elapsed)
Town Administator Magnant described the program, which would cost $8860. The cost to the Town would be $4430 plus a little bit for financing. The payback period would be 3.5 to 3.8 years. All were in favor of approving the program.
E-mail from Guytons regarding fence in the right of way (153:35 audio elapsed)
Mr. McCarthy stated that this request relates to 4 South Rd. He stated that the right-of-way is wide, at 66 feet, and there are utility poles well beyond the fence. Selectman Musselman stated that there are encroachments in the right-of-way all over town and asked why this should be approved. Mr. McCarthy responded that it would be better to recognize the encroachment in writing and to make it subject to rescission by the Town. There was discussion about a prior court case, and Frank Drake having been pushing for removal of the fence 20 years earlier. All were in favor of recognizing the encroachment.
Letter from Harriet Kouchalakos regarding neighbor’s mailbox (161:15 audio elapsed)
Mr. McCarthy reported that this involves Glendale Rd., which is a 50 foot right-of-way, with the road not centered. Mail is picked up on only one side. It appeared that the Selectmen would not support the request to move the mailbox.
Rec. Department sign and Model A Ford (165:35 audio elapsed)
Mr. Magnant indicated that Rec. had requested a two by two foot sign at the end of Lang Rd. The motion to approve the sign carried unanimously.
Chief Sullivan stated that he wanted the Model A in service for Memorial Day. He requested authority to do this if a bill of sale for no dollar amount is received from the Rye Beach Village District. The motion to authorize the Town Administrator to prepare the bill of sale and make arrangements carried unanimously.
Beach Parking study (168:00 audio elapsed)
Selectman Musselman reported that the parking study had not made it onto the agenda. Six responses were received to the RFP. The low bid was $9750. Tighe & Bond is both the low bidder and the choice of Town staff. He had also reviewed it and concurred. This will be a brief study, with insufficient funding to get answers.
Mr. Magnant suggested that the study would determine whether there was a real problem or only a perceived one affecting only eight days.
Selectman Musselman indicated that Gregg Mikolaities would be the project engineer, and that he lives in the Town. Editor’s note: Mr. Mikolaities serves on the Recreation Commission and as an alternate on the Zoning Board of Adjustment.
All were in favor of accepting the Tighe & Bond bid.
Death of Skip Gaucher and Fire Chief search (173:00 audio elapsed)
Mr. McCarthy reported that Mr. Gaucher had died a couple of weeks earlier and that his position would be advertised. He had been sick for six months and they had been operating without a mechanic. It was a good turnout for the funeral. All of his staff who were around went.
Selectman Musselman stated that a search needed to move forward for a new Fire Chief as well.
Beach Committee minutes (174:45 audio elapsed)
Chief Sullivan reported that he had had received the minutes of the recent Beach Study Committee meeting recently. It appeared that he, the Chief of Police and Selectman Musselman were on the Committee. In fact, they are not.
Adjournment
Whereupon the meeting adjourned at approximately 9:32 p.m.