NOTES OF APRIL 9, 2015 RYE BOARD OF SELECTMEN

BEACH ISSUES WORK SESSION

Final Revision B – Provided by the Rye Civic League

Present (clockwise around table): Planning Administrator Kim Reed, Building Inspector Peter Rowell, Town Administrator Michael Magnant, Selectmen Musselman, Jenness and Mills, Interim Fire Chief Tom Lambert, Public Works Director Dennis McCarthy, Police Chief Kevin Walsh.

Also present and sitting in the audience: Jake McGlashing, Rye Fire Department, Beach Committee members Lori Carbajal and Keper Connell.

Persons present from the public included: Peter Crawford, Devin Farrelly, Ryan McGill, Katy Sherman.

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 5:03:04 p.m. (0:00 elapsed).

Summary

1. Police Chief Walsh presented a detailed analysis of parking along Route 1A indicating that there are 51 driveways that may need to be “boxed.” A final decision will be made after a site walk.

2. The 2015 budget is insufficient to stripe parking spaces along Route 1A.

3. Selectman Musselman contradicted his statement on April 29, 2014 that the ball was in the Town’s court with regard to parking meters. He now says that, since no money was budgeted in 2015 for a parking study, the earliest that meters could be installed is 2017. He argues that that would depend on an agreement with the State, notwithstanding his earlier statement, a specific inquiry by Senator Stiles and a State law specifically authorizing towns to install meters.

4. Specific Beach Committee recommendations regarding permit fees, mobile lifeguard stands and stand-up paddleboard issues failed to lead to firm commitments by the Selectmen for further action.

5. Projected lifeguard need for this summer is 13-17, however only six lifeguards from last year have expressed an interest in returning. The Head Lifeguard will not be returning.

6. Investigation of Parsons Creek watershed problems is continuing. Bacteria level near Peteys is nine times the acceptable limit.

Tighe & Bond parking study (1:54 elapsed)

Selectman Jenness noted that the study had a lot of data, but there were five alternatives:

1. Do nothing

2. Minor revisions (sight distance enhancements, removal of unauthorized signs, pavement markings to identify on-street parking)

3. Eliminate parking along Ocean Blvd. (one or both sides)

4. Create remote seasonal parking lots

5. Metered parking

(2:36 elapsed)

Police Chief Kevin Walsh made a presentation indicating where parking is currently allowed and where it is prohibited, starting from Wallis Sands State Park and proceeding southward. He described each section in detail using aerial and street-level photos that appeared to come from Google Maps. Based on what he is proposing for “boxing” (i.e. providing a 20 foot no parking zone on either side, or less) of driveways, there would be a loss of 51 spaces. There was discussion between Chief Walsh and Public Works Director Dennis McCarthy as to the size of the “boxes” There was also discussion regarding crosswalks and intersections. An interim ordinance would be needed to support ticketing, and state approval would also be needed, although the latter was not viewed as a significant problem. A site walk was discussed.

Mr. McCarthy indicated he expected that the striping of the driveways would probably be contracted out. A June target was discussed, but no decision was made as to the schedule.

There was discussion about the creation of a resident parking space map. Chief Walsh stated that there is a list, but no map. Selectman Jenness asserted that many residents may believe that Sawyers Beach is the only resident parking area.

(38:41 elapsed)

Selectman Musselman then raised the issue of long-term options. He stated that remote lots may not be feasible. Portsmouth has been using a remote lot and shuttle bus. That must be paid for whether it is raining or whether or not anyone uses it, regardless of the revenues. There is significant financial risk.

He continued, stating that, while it cannot be done this year, for next year a “definitive study” on parking meters should be conducted, and the potential revenues ascertained for the Wallis Sands and Jenness Beach areas. He stated that the Beach Committee has indicated that a lot of the traffic is from out of state, and from Quebec in particular. He would like to know the percentage of visitors from out of the area. This might affect the decision. There is a difference between visitors from Portsmouth, Stratham and Greenland and areas further away in terms of the willingness of Rye taxpayers to fund beach-related costs.

Selectman Musselman stated that parking meters are a huge moneymaker for Portsmouth, although their situation is different. Tighe & Bond, with a number of rough assumptions, indicated that there could be a lot more revenue than cost. That may be the case, but the assumptions need to be validated. In the next year, they should find out who does this sort of work and have them provide a ballpark estimate, he said.

A whole lot of questions need to be answered before this is determined to be viable. On a rainy Tuesday there are no cars and no revenue. However, the Tighe & Bond study assumed 50 percent utilization. He said that he does not know whether it should be 20 percent or 60 percent.

Beach Committee report (49:56 elapsed)

Selectman Jenness started by pointing out that the State was not likely to provide funding as the Committee’s recommendation had indicated should be sought. Lori Carbajal indicated that she had spoken with State Representative Tom Sherman about this and confirmed the tight budget due to cuts. She indicated however that adding a stop for state trucks to pick up town trash might be viable.

That led to a discussion about trash containers. Selectman Jenness stated that the more containers there are the more trash there is. This is the reason for carry in/carry out. Mr. McCarthy stated that there are currently 10 barrels, 6 at Wallis Sands and 4 at Cable Rd., or vice versa. There is daily collection during the busy times. This is largely beach trash and a tremendous amount of dog waste. Keper Connell stated that Pirates Cove often looks like a party has occurred. Editor’s note: Pirate’ Cove is the name used by many for the beach at the end of Wallis Rd.

(63:49 elapsed)

Selectman Jenness then raised the issue of the Committee’s recommendation that there be permit application and permit fees. She expressed concern that this would be an extra layer of paperwork. The discussion then turned to the number of permits granted. Chief Walsh stated that four permits had been issued the prior year and two were denied. Selectman Musselman stated that if the permit fee was nominal this would not provide a lot of money.

(65:24 elapsed)

The discussion then turned to the Committee’s recommendation that there be more spaces for resident parking permits. Keper Connell stated that there are 100 spaces and 2000 permits issued, a five percent ratio. Selectman Musselman stated that the Tighe & Bond study had concluded that the resident parking spaces are not fully utilized. He suggested that, when the Beach Committee studies the sources of visitors they should also check the usage of permitted spaces.

There was discussion about oversized vehicles. Chief Walsh stated that, from the end of July through mid-August such vehicles congregate in the vicinity of the Rye General Store and E Street. Most have license plates indicating that they are from outside of the country. He understands that many go to the Wal Mart in Portsmouth overnight. Keper Connell stated that some of these are the size of a Highway Department dump truck and these constitute a safety issue.

(74:00 elapsed)

Selectman Musselman stated that there was not much that could be done as a vehicle which is legal on the roadway cannot be precluded from parking on the State Highway. Chief Walsh raised the issue of whether a town ordinance might be trumped on a State Highway.

(73:19 elapsed)

There was then discussion about the Committee’s recommendation that lifeguard stands be mobile. Mr. McCarthy stated that the town’s current stands are heavy. Lightweight stands with large wheels capable of traversing the sand would be needed. Selectman Jenness indicated that these cost about $5000 each. There was further discussion about the locations of the lifeguards.

(79:38 elapsed)

There was discussion about stand-up paddleboards. Chief Walsh stated that he has seen 2-3 inexperienced people on these, and without leashes being used. At times the Coast Guard has been called in when it appears that paddleboards have been blown out to sea. At times, everything is OK. Ryan McGill of Summer Sessions pointed out that the Summer Sessions paddleboards each have a single leash. These boards can support 400 pounds. Lori Carbajal pointed out that, on waves, these are less maneuverable than surfboards. Keper Connell pointed out that the paddleboards may be in a different jurisdiction with different enforcement. Upon the suggestion of Town Administrator Mike Magnant, Ryan McGill agreed to look at some sort of brochure. Chief Walsh indicated that some members of the Surf Club take out paddleboards. Mr. McGill stated that this is often their own equipment.

(88:16 elapsed)

Katy Sherman stated that the issue of permit application fees had been passed over. Selectman Jenness disagreed. She pointed out that business not operating within parameters would not have their permits renewed. Selectman Musselman stated that he was not sure there was an added cost. Chief Walsh pointed out that his time is required. He is 10 hours into one application that he will be recommending that the Selectmen deny. The applicant does not understand the process, he said.

Lori Carbajal of the Beach Committee stated that they had discussed the paperwork processing time. They would like to meet with the commercial groups to keep peace between the interests of commercial entities, taxpayers and users. It is not reasonable to rely on the Blue Ocean Society for trash removal. It seems like common sense to their group not to burden taxpayers with beach costs. Selectman Jenness responded that this might be a conversation for another day. She then moved the discussion to the lifeguards.

Lifeguard issues (94:10 elapsed)

Interim Fire Chief Tom Lambert addressed these issues. He stated that the budget provides for five lifeguards on three beaches, seven days a week. Hours are 9:00 a.m. to 5:00 p.m. with the lifeguards on post from 10:00 a.m. to 5:00 p.m. The plan is for there to be coverage during the 14 weeks from mid-June through Labor Day. Ten to twelve full-time and three to five part-time lifeguards to cover the hours. Editor’s note: From June 15 to Labor Day, which is September 7 in 2015, is only 12 weeks. It is also unclear why 10-12 full-time lifeguards would be needed to fill five slots, when seven day a week coverage requires only 7 times 8, or 56 hours per week, or 280 hours per week for the five slots. This indicates that seven lifeguards working 40 hours per week should be sufficient. Chief Lambert continued, stating that, from last year’s staff, three will be coming back full-time, two are interested in part-time work and one additional is interested in either full-time or part-time work. The Lifeguard Supervisor will not be returning. The budget is $55,000.

Mr. Lambert went through the equipment, some of which is in questionable condition and some of which cannot be found even though it is mentioned in the Lifeguards’ Manual.

The reference to lifeguard parties in the manual is being removed, Chief Lambert said. Selectman Mills stated that a former Beach Commission Chairman used to have a cookout.

There was discussion about lifeguard parking. Mr. Magnant stated that former Fire Chief Sullivan was able to acquire parking last year. Mr. Lambert stated that he has a general idea where those are located.

There was then discussion about the flags to separate surfing and swimming areas. There is an international color scheme. However, the surfers are unable to see the flags due to the background. He suggests using the lifeguard chairs as markers. Selectman Mills stated that the chairs are not movable. Dennis McCarthy stated that they are chained to weights. The discussion then turned to expansion of the swimming zone on hot weekends and ideas that Beach Committee member Steve Hillman had with regard to the flags. Beach Committee member Lori Carbajal stated that he had suggested line buoys. Beach Committee member Keper Connell stated that these would be anchored with sand screws. Jake McGlashing, 296 Grove Rd., Rye Fire Department stated that the swim zone is typically more narrow than the area between the lifeguard chairs.

Police enforcement (120:55 elapsed)

Police Chief Kevin Walsh provided statistics on past violations:

2012 2013 2014

Parking tickets 1415 1501 1378

Dogs on beach 42 62 24

Dog warnings 13 -- --

Open container 32 110 184

Arrest under 21 drinking 12 15 13

Bicycle violations 8 3 2

Chief Walsh stated that the tactics on beach drinking enforcement had been changed. The State Liquor Commission is providing undercover agents that camp out. Some alcohol has become more difficult to detect just by walking up to people. In one case root beer was tested at the State lab. Coffee mugs with covers are being used. People are being observed walking to their cars to fill up.

Motorcycle issues have been reduced with fewer loud pipes.

Chief Walsh stated that there will be a huge challenge this year with the new fireworks ordinance. They will get the word out to the vendors. These are located in Hookset and Somersworth as well as Seabrook.

Chief Walsh stated that he is looking forward to the trailer with the digital sign. It will count the number of cars, recording the time of day and speed as well. The parking enforcement staff will be coming back.

Parsons Creek monitoring (132:43 elapsed)

Planning Administrator Kim Reed stated that they have been working on this issue since 2008. In 2010-2011 F.P. Environmental was working on a plan. Best management practices with respect to storm water management were worked on in the Marsh, Brackett and Wallis Rd. areas. They are working on a septic system database to help determine who has working septic systems. Septic sniffing dogs have been brought in. A door-to-door survey was done last year.

Additional testing was provided last year, with 24 hour testing. Ms. Reed referred to a September 18, 2014 memorandum. The Parsons Creek outlet has high bacteria and dense algae. She referred to a black discharge and strong odor being detected and a seep at the bank adjacent to Peteys Restaurant being nine times the allowable water quality standard. Additional monitoring extending up to Wallis Sands State Park will be done.

Selectman Mills asked whether some homes near Peteys had failed septic systems. Ms. Reed responded that she thought so, however they do not have proof as to which homes.

After Mr. Magnant expressed uncertainty as to whether there were seeps from Parsons Creek to Wallis Sands State Beach, Selectman Musselman disagreed, stating that they are almost continuous in that area. He stated that it may not be failed septic systems, but rather a cobble layer underneath a perfectly functioning septic system. Dennis McCarthy stated that, when the excavation for the Wallis Rd. culvert had been done a cobble layer was found.

There was then discussion about whether Pirates Cove would be posted for water quality issues. Selectman Musselman stated that the algae indicated an obvious problem, but there could also be problems further north.

Selectman Jenness raised the possibility of a septic pumping ordinance.

Building Inspector Peter Rowell indicated that there was an area with 100 homes on sand. The systems drain fine with high perk rates, however, under current rules septic systems would not be allowed there.

Selectman Musselman referred to a study that had shown that waste water filtered through sand came out fine.

Keper Connell spoke about the need to take part-time to full-time housing conversion into consideration.

Beach Cleaning (161:08 elapsed)

Public Works Director Dennis McCarthy stated that the bid opening on rubbish collection would be April 30. The schedule for signs and dog mitt installations will be delayed due to the snow.

There was discussion about lobster traps being dug out of the sand and a backhoe being needed to do this in certain circumstances. The lobsterman collect traps in April. Not much work on the berms will be needed this year, Mr. McCarthy said.

Public input (165:53 elapsed)

Judy Santarelli, Myrica Ave. asked a question about parking signs and the lack of visibility. Chief Walsh stated that the Board of Selectmen would be looking at the crosswalk that Ms. Santarelli had mentioned. Ms. Santarelli stated that she would like to see two car lengths of clearance. Even a small car parked adjacent to the crosswalk makes a youngster invisible.

Peter Crawford, 171 Brackett Rd., asked about the State law with respect to parking near a crosswalk. Chief Walsh clarified that there is a 20 foot clearance requirement, but it applies only to crosswalks at intersections.

Someone asked about State regulations with regard to crosswalks and driveways. Chief Walsh stated that there were none, however after talking with the State he believes that a responsible town ordinance would be acceptable to the State. The next step would be a site walk. Editor’s note: See N.H. Rev. Stat. Ann. (“RSA”) 265:69, II, which prohibits parking in front of a public or private driveway, within 15 feet of a fire hydrant, within 20 feet of a crosswalk at an intersection, within 30 feet of certain signs and signals, or within certain distances of fire station driveways. See also RSA 265:69, I prohibiting parking, stopping or standing on crosswalks, within intersections, and on railroad tracks, bridges and sidewalks.

Ms. Santarelli expressed further concerns about swim areas near “E” Street and close calls with surf boards. Chief Walsh indicated that surfing is allowed in this area, although there is an understanding that surfing should not occur near “E” Street. He referred to August storms generating a prime surfing area which becomes congested. However, only two surfing tickets have been issued in the 20 years he has been with the Rye Police Department. The lifeguards come up that way from Cable Rd. when there is heavy surf, he said.

(173:32 elapsed)

Peter Crawford stated that, while some progress had been made in certain areas, he was disappointed that it did not appear that the individual spaces would be striped, although he recalled that being discussed when the budget was being considered. Selectman Mills interrupted, saying that the price tag was $45,000. Editor’s note: See the notes of the December 22, 2014 Board of Selectmen meeting in which it was agreed to add $25,000 to the budget for striping. The discussion clearly indicated that striping beyond simply the driveways was being considered.

Mr. Crawford stated that he also had thought that there would be a continuation of the parking study this year. However, he is now hearing that that would be done in 2016, with implementation or parking meters occurring in 2017 at the earliest. Selectman Musselman stated that this understanding was correct and that the parking study continuation had not been budgeted for this year. Mr. Crawford pointed to the substantial projected revenues. Editor’s note: See the notes of the November 10, 2014 Board of Selectmen meeting. Tighe & Bond, the consultant hired by the Town to do a parking study, has projected that $400,000 in annual revenues from meters. Selectman Musselman stated that he is not convinced of that yet. Mr. Crawford stated that it depends on the occupancy and agreed that the assumption may be too high.

Chief Walsh pointed out that it is a State Road. Selectman Musselman pointed out the need to have the legislature guarantee that the State Legislature would need to agree not to take over the parking revenue. Selectman Musselman stated that this should be on the list of things to pursue with Nancy Stiles. The fact that there is this open question was one of the reasons that tens of thousands of dollars would not be spent on a parking study.

Editor’s note: See the notes of the April 29, 2014 meeting on beach issues with the Selectmen and Senator Stiles in attendance, as well as the video of that meeting, which is available at https://vimeo.com/93360375, at 59:13 elapsed. At that meeting, Selectman Musselman said “And that ball’s in our court. We have the right to do it, we have the ability to do it. We need to take a look at what its impact would be. Whether the revenue will cover cost and enforcement and figure those things out.” See also the notes of the September 24, 2013 work session between the Selectmen and Senator Stiles in which Senator Stiles stated that she had inquired of the State and all money collected from meters and fines on State roads would flow back to the Town, however the Town would need to pay for the meters, meter maintenance, and enforcement. See also RSA 231:130 which specifically authorizes towns to install meters “on any street.”

Keper Connell stated that the Beach Committee charge needed to be addressed. Selectman Jenness stated that they Beach Committee needed to be sworn in first.

Adjournment (176:46 elapsed)

Whereupon Selectman Jenness apologized for the amount of time consumed but stated that a large amount of ground had been covered. The meeting adjourned at approximately 8:00 p.m.