NOTES OF JUNE 8, 2015 RYE BOARD OF SELECTMEN MEETING

Final Revision B – Provided by the Rye Civic League

 

            Present (clockwise around table):  Town Administrator Michael Magnant, Selectmen Musselman, Jenness and Mills.

            Not present:  Town Finance Director Cyndi Gillespie.

            Also present and sitting in the audience:  Public Works Director Dennis McCarthy, Interim Fire Chief Tom Lambert, Police Chief Kevin Walsh.

Persons present from the public included: Victor Azzi, Peter Crawford, Deb Cross, Mike Coutu, Tom Farrelly, Devin Farrelly, Steve Hillman, Larry Rocha, John Sununu.

 

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 7:06:07 p.m. (0:00 elapsed).  The audio is off until 7:07:57 p.m.

 

Summary

 

1.      The plan for striping of Ocean Blvd. has been submitted to the State and has preliminary approval.  After the Commissioner approves, striping will occur forthwith.

2.      Parking problems adjacent to St. Theresa’s Church were highlighted by two residents of the area.  On of the residents was given permission to extend the gravel shoulder to prevent damage to his driveway.

3.      A beach permit was issued to The Shack, located near Wallis Rd. Extension, to rent its 30 stand-up paddleboards and also provide instruction.

4.      A beach permit was issued, over the objection of Police Chief Walsh that too many permits had already been issued, to Get Out There Fitness to conduct boot camps at Foss Beach, and at the beach at Wallis Rd. Extension at high tides.

5.      The Selectmen voted to expend $5000 for a parking meter study from excess funds that were to have been used for pavement striping.  This may permit the installation of parking meters a year earlier than had been stated at an April meeting.

6.      The fireworks permit for the Beach Club for July 3 has not yet been approved due to concern over the proposed five-inch shells necessitating the closure of Ocean Blvd.  The matter will be addressed again at the June 22 meeting.

7.      The heating oil price is being locked at $2.18 for the 2015-2016 heating season.  This compares with a 2015-2016 School Budget assumption of $3.44.

8.      An eleven member Town Hall Committee was appointed.  Only two of the appointees had served on the 2014-2015 Town Hall Committee.

 

 

Consent agenda (2:50 elapsed)

 

            Selectman Jenness read the five consent agenda items which included (a) a Webster at Rye raffle, (b) another raffle on Star Island, (c) an e-mail from the McDermotts, (d) a sign request for Parson’s Field and (e) approval of the Granite State Quest cycling event.  Selectman Mills requested that (c) be removed.  The unanimous vote to approve the consent agenda, excluding item (c), occurred after the discussion below.

 

E-mail from McDermotts regarding parking along Ocean Blvd. (2:50 elapsed)

 

            There was then discussion about three photographs of a truck camper and trailer that had been parked near the Rye General Store.  According to the McDermott’s e-mail, it had been parked there from early Saturday morning until 7:00 p.m.  It stated that, if the road had been striped, the vehicle and its trailer would not have been able to park near the crosswalk.  Selectman Jenness held up one of the photographs, which showed a large enclosed trailer, similar to those frequently used by landscaping businesses that operate in Rye. 

            Public Works Director Dennis McCarthy reported that the plan for striping had been submitted to the State, which did not have a problem with it.  The Commissioner, however, must approve it so that the State regulations match those of the Town and citations issued for violations will be enforceable.  He is awaiting notification that that has occurred.  Editor’s note:  See the notes, minutes and video of the April 29, 2015 site walk, during which the Selectmen agreed to pavement marking (striping) along Ocean Blvd. to prohibit parking adjacent to certain driveways.  While originally there was discussion about striping individual parking spaces, which would have prevented large vehicles from parking in those areas because they would overlap two or more spaces, the Selectmen determined that this would not be done in 2015.

            There was then discussion about the distance required between a crosswalk and a parked vehicle.  Police Chief Kevin Walsh indicated that there is a distinction between crosswalks that are at an intersection and those that are not.  Editor’s note:  See N.H. Rev. Stat. Ann. (“RSA”) 265:69, II(c).  Chief Walsh and Mr. McCarthy indicated that they would jointly e-mail Bill Lambert to determine when approval might be expected.  Once approved, they will jump right on getting the striping done.  Editor’s note:  According to Linkedin, Bill Lambert is Traffic Engineer/Administrator with the New Hampshire Department of Transportation.

            In response to a question from Victor Azzi, Selectman Jenness indicated that the striping will not extend to delineating individual spaces.  Mr. Azzi then noted that the striping to be done will not prevent the parking of oversized vehicles.

            Selectman Mills noted that the vehicle photographed happens to be registered in Canada and that there are people who do not want Canadians parking there.

            The motion to approve the remaining four items of the consent agenda then carried unanimously.

 

Minutes (11:29 elapsed)

 

            The minutes of the May 11, 2015 meeting were unanimously approved with changes, except for one unexplained conflict that will be investigated and addressed at the next meeting.  The minutes of the May 11, 2015 non-public session were unanimously approved without changes.  The minutes of the May 13, 2015 meeting (presentation of Boston Post Cane) were unanimously approved without changes.

 

Parking at 805 Central Rd. (14:56 elapsed)

 

            Mike Coutu who resides at the above-indicated address, indicated that his neighbor, John Sununu, was also present.  Mr. Coutu stated that his home had been completed in 2011, and Mr. Sununu’s about a year ago.  He stated that they share a concern in that parishioners of St. Theresa’s park in front of their homes.  Although there is sufficient parking in the church lot, people who arrive late or want to leave early park on the street.  He proposed either that a no parking zone be reestablished there, effective from 3:00 p.m. Saturday through noon on Sunday, or that he be allowed to expand the gravel bed alongside the road to 42 inches, along with a timber or stone border to keep the gravel out of the lawn.  While that would facilitate parking, it would prevent damage from vehicles parking.  Mr. Coutu also requested that he be permitted to install rocks. 

            Mr. Sununu reported that there is no public sidewalk in front of two-thirds of his property.  If that had been extended, driving across his lawn would have been discouraged.  He stated that there had been a no parking sign there at one time, however it was removed.  There are 8-10 cars parked there every weekend, which is a safety issue.

            Selectman Mills stated that where Mr. Coutu wants to install the wood timbers is Town property. Mr. Coutu and Mr. Sununu agreed, and Mr. Sununu stated that was why they were asking for the Town’s permission.

 

(27:08 elapsed)

            Selectman Mills asked whether the sign that was being referred to was the one that had been in front of the rectory.  That was acknowledged.  Selectman Mills then reported that the sign was illegal.  He had parked there many years ago and had received a ticket.  He “raised hell” about it with the former Chief.  He had heard that Mr. Mills was coming in, and reached out and ripped it in half saying that there was no ordinance to back up the no parking signs.  That’s why they were taken out.  Somebody probably did somebody a favor, he said. 

            Selectman Jenness stated that “one of the larger Pandora’s boxes” had been brought into the meeting.  Selectman Musselman chuckled and said “you can’t imagine.”  Selectman Jenness said that this is a Town right-of-way and there are not supposed to be any obstructions.  Rocks appear, here and there, often in the way of snow plows or parking.  Bushes are planted or sprinkler systems are found within the Town’s right-of-way.  This is an ongoing problem, she said. 

            Selectman Musselman referred to a similar situation at St. Andrews.  That road is even more of a safety issue.  Rocks, flowers, and sprinkler heads showed up in those three spaces so people couldn’t park there while going to Church.  The Town has supported the people’s right to park there.

            Mr. Coutu reiterated his proposal to extend the gravel in lieu of establishing a no parking zone.  That would make the area more attractive. That would not affect the Town in any way.  The only reason for the timber is to keep the gravel and grass separate. Selectman Mills stated that he noticed pavers on Mr. Coutu’s driveway.  Mr. Coutu stated that he had had to put those in when there had been damage to the driveway.  Mr. Mills asserted that they move in the frost and are then hit by the plows during the winter.  The road agent would like the gravel up against the asphalt to hold it so it doesn’t break, he said. 

            Public Works Director Dennis McCarthy stated that he had been dealing with Mr. Coutu on this issue for a long time and he understands his issue.  He does not have a problem except that the same standard should be applied everywhere. 

 

(33:57 elapsed)

            Mr. McCarthy referred to the sign having been “Father Mo’s.”  It was taken out and the person had to bear the brunt of his brand new neighbor who was the monsignor at the church.  He prefers the no parking sign, assuming that there’s sufficient parking at the Church.  In that case people should not be parking there anyway.  Mr. Coutu has done a tremendous job.  He paid for the sidewalk to be extended in front of his house.  He has tried to get the grass to grow but it won’t because people are parking there. 

            Selectman Jenness reported that the church has been there since 1947. 

            There was then discussion about Mr. Coutu having initially put in loam and grass, and then having to pay to have it taken out after Mr. McCarthy objected.

 

(37:35 elapsed)

            Mr. Coutu stated that he happened to be a parishioner at St. Theresa’s.

Mr. McCarthy quipped that that did not make him very popular when the Monsignor lost his parking space.  Mr. Coutu quipped that he thought he had been “condemned to hell.”  There was laughter. 

            Mr. Coutu stated that there are parking problems only at Christmas and Easter, although there was the very well-attended funeral for the young fellow who died in Italy.  In that case people actually parked in his driveway.  Chief Walsh brought it to his attention and he let it ride, given the situation.

            Selectman Musselman stated that he likes the idea of the gravel but is concerned about the proposed timber.  The large boulders should not be allowed, however, due to the precedent.  Editor’s note:  That is one of the issues with regard to the case involving Sanders Poynt, which is scheduled for trial in Rockingham Superior Court starting June 25, 2015.  In that case, the Wentworth-by-the-Sea Country Club eliminated a parking lot adjacent to a beach, where there were town signs, planted arborvitae to block off access to the area, and installed boulders to prevent parking, apparently within the State right-of-way.   

            Selectman Mills asked who would police the limited parking.  Chief Walsh stated that that would be up to the Police Department.  There is insufficient space in the parking lot on Christmas Eve and Easter.  He questioned whether the police would need to be out there at those times writing tickets.  If a precedent is set, there is a question of whether the Board is comfortable with that in other cases. 

            Selectman Musselman agreed and referred to the precedent established which anyone who doesn’t want people parking in front of their houses could reference.

            Mr. McCarthy stated that they would need to give Father Mo his no parking zone back, “because I’m not burning in hell with him,” apparently referring to Mr. Coutu.  There was laughter. 

            Mr. McCarthy stated that the right-of-way at that location is at least 66 feet as the electric trolley used to go through there. 

            Selectman Musselman moved to approve the expansion of the gravel shoulder to 42 inches with DPW permission.  No timber border or rocks would be allowed.  Selectman Mills stated that there needed to be a site walk first.  Selectman Jenness seconded Selectman Musselman’s motion.  The vote was 2-1.  Selectman Mills reiterated that he wanted a site walk.  Selectman Jenness stated that she knew the area very well.

            Selectman Mills asked Mr. Sununu, referring to him as “Senator” about whether the road that had been torn up when his house was built had been repaired.  Mr. Sununu confirmed.

            Selectman Jenness thanked Mr. Sununu for coming in and suggested that he ask Rye Beach Precinct to extend the sidewalk.  Mr. Sununu stated that he thought that he would do so.

 

Fence repair in right-of-way, Arthur Dionne, 36 Fairhill Ave. (46:09 elapsed)

 

            Mr. Dionne addressed the Board, saying that his request was fairly simple.  Selectman Jenness read from the request which referred to replacement of a post and rail fence with a granite post and wood rail fence.  It would be at least eight feet from the road pavement.  Mr. Dionne agreed to execute a hold harmless agreement as the fence would be in the Town right-of-way.  Mr. McCarthy stated that the right of way is diamond shaped and very wide there, with 40 feet from the pavement to the property line.  The existing fence is six or seven feet off the road.  They had agreed that eight feet made more sense. 

            Selectman Musselman stated that they had had a similar situation with a woman who became an employee of his firm.  There was a requirement that the hold harmless agreement be recorded with the deed.  Selectman Jenness stated that that had involved Perkins Rd.  The hold harmless agreement provided that, if need be, the fence would be moved.

            Selectman Mills moved to approve the request.  Selectman Jenness seconded.  Selectman Musselman suggested a site walk as he does not understand the tax map.  He asked what the neighbors were doing with the excess right-of-way.”  Mr. McCarthy stated that everyone was occupying the right-of-way as if it were straight.

            Selectman Mills asked Mr. Dionne how far he was from Jim Raynes.  Mr. Dionne stated that he was two houses away.  Selectman Mills said “that’s a disadvantage right there, you ought to give him the fence.”

            Selectman Musselman back pedaled on his request for a site walk. 

            Mr. McCarthy stated that they are being more vigilant in terms of locating the right-of-way, and that is why these issues are coming up more often.  A process is needed.  This is a reasonable one.  A hold harmless agreement has been drafted to address the issues of who bears the cost, liability, and the ability of the Town, if needed, to require relocation of the fence.

            All were in favor. 

 

Beach permit application from The Shack Surf Shop (53:33 elapsed)

 

            Joe Kelly was present to address the application.  Police Chief Kevin Walsh stated that this is in the same location at which this type of business had already been approved.  This business is a little larger.  Editor’s note:  See the notes of the May 11, 2015 meeting at which the application of the Portsmouth Paddle Co. was approved.  They used to be partners but they have split and gone their own ways, he said. 

            Selectman Jenness referred to the indication of six participants per instructor.  She asked how many instructors there would be.  Mr. Kelly stated that there would be only one instructor at a time.  Often they launch from the creek behind Peteys and then go down the coast.  Editor’s note:  None of those present mentioned the pollution problem with Parsons’s Creek.  This is the fifth year that they have been in business.  Their primary focus is stand-up paddleboards. 

            Selectman Mills asked whether the business had previously been at the Red Roof Market.  Chief Walsh confirmed.  He stated that he was concerned as the business has 30 paddleboards that they put out.

            Selectman Musselman noted conflicting information on the number of participants per instructor.  Mr. Kelly confirmed that there would be six, not eight.

            Chief Walsh noted that there was Wallis Sands State Park, Pirates Cove and the Surf Club, all within the same area.  It is getting congested and there are a couple of swimming zones. 

            Selectman Jenness asked where members of the Surf Club launch.  Chief Walsh stated that the lifeguards usually ask them to put their boards in the water to the left of the swim zone.  

            Selectman Musselman asked about the congestion in 2014.  Chief Walsh stated that that year was not a good test as the weather was not that great. 

            There was further discussion about the number of persons per board, life jackets, the distance offshore that participants would travel, and a suggested limit to the size of groups prior to 8:00 a.m. 

            Pat Spalding, Brackett Rd., stated that an expansion is being proposed.  She read from paragraph 7 of the Beach Ordinance which prohibits games or sports on the beach which interfere with public enjoyment of the beach.  This is a specialized business which will also impact parking.  There is too much activity down there, she said.

            Selectman Jenness asked whether this was in fact an expansion.  Chief Walsh stated that there were four permits issued in 2014.  This would be number five, and number six is being considered next.

            Devin Farrelly asked how many boards were available in 2014.  Mr. Kelly responded that it was 30.  Ms. Farrelly, apparently adding the eight boards that Portsmouth Paddle Co. would have available, stated that the number would now be 40.   She stated that paddleboards are large, many using them are novices, and this is too intensive. 

            Mr. Kelly responded that Summer Sessions had been operating at their location prior to them being in business there.

            Selectman Musselman asked for a comparison between what The Shack was requesting this year and its activities the prior year.  Chief Walsh stated that they are very similar.  Selectman Musselman then stated that the Selectmen had a reasonable obligation to approve the same level of activity as the prior year.  Expansion was what was discussed at the prior meeting.  Editor’s note:  He is apparently referring to the approval of the permit for Portsmouth Paddle Co., an operation with eight boards, at the May 11, 2015 meeting.  However, at that meeting all indications were that The Shack would not be seeking a permit for 2015.

            Selectman Musselman then moved to approve the application, with a maximum of six students per instructor and hours between 8:00 a.m. and 7:00 p.m.  All were in favor.

            Tom Farrelly questioned how this was decided.  There are now two businesses at this location.  These boards are a liability with big waves.  He asked whether there was some level of activity that would be too much.

            Selectman Musselman responded that this is situation is different than that with surfers as paddle boarders are going offshore and the Town may not have purview over them.  Regulating them may be putting a target on the back of the Town, he said. 

            Selectman Jenness stated that they must launch and return from the beach.  She suggested that all applications be submitted by a date certain.  Selectman Musselman noted that a permit had been issued for eight boards without knowing that The Shack would also be seeking a permit.  Mr. Kelly responded that he did not have advance knowledge of what “Wes” of Portsmouth Paddle Co. would be doing.

            In response to a question from Selectman Musselman, Mr. Kelly stated that the larger portion of their business is rentals as opposed to instruction.

            Lori Carbajal, 18 Tower Ct., a member of the Beach Committee, suggested that there be an established launch point for boards.  She referred to launch points that are more calm, including Cable Rd., Sawyers Beach and the boat launch at Odiorne Point.  Mr. Kelly stated that the tours typically launch from behind Peteys rather than the beach.

 

Beach permit application from Get Out There Fitness (boot camps) (91:26 elapsed)

 

            Police Chief Walsh introduced the applicants, Rebecca O’Brien and Leslie Carroll.  Editor’s note:  The applicant has a website at http://getouttherefitness.com.

            Chief Walsh stated that the sessions would be from 6:00 a.m. to 7:30 a.m.  He stated that the Selectmen need to put their foot down with respect to the number of permits issued.  He referred to people coming to the beach and then leaving when they see yoga occurring.  Also, unleashed dogs are biting runners, which then requires investigation and quarantine.  He expressed concern that dogs might also attack participants in the boot camp sessions.  Editor’s note:  Pursuant to section 11 of the Town Beach Ordinance, dogs are permitted on Town Beaches prior to 9:00 a.m. and after 7:00 p.m. and at any time during the non-summer months. They need not be leashed, provided they are “under control” of the owner. 

            Selectman Jenness asked what a boot camp is.  Ms. O’Brien responded that she lives in Portsmouth and frequents Rye beaches.  There would be push ups and jogging.  No infrastructure or music would be provided.  She asserted that she is a quiet person and would not shout.  She became acquainted with Leslie Carroll when she lived in Kennebunkport.

            Selectman Jenness asked about the number of participants and instructors.  Ms. O’Brien responded that there would be 2-12 participants per session and only one instructor at a time.  Sessions would be held only on Tuesdays and Thursdays.  She has been doing this type of activity, though without a fee, for the past few years.  They meet at Wallis Rd. extension and sometimes run on the beach.  She has come to know the two or so people that walk their dogs in the morning there. 

            Selectman Musselman asked whether they would be willing to have their activities at Foss Beach, except on those few occasions when the tide is high.  Editor’s note:  Most, if not all, of Foss Beach is submerged at high tide.  Ms. O’Brien stated that this would be acceptable. 

            Selectman Jenness stated she had fewer problems with this proposal than with a large number of paddleboards.

            Selectman Mills asked what the rules are in Kennebunkport with regard to dogs.  Ms. Carroll stated that they are the same as in Rye.  Dogs are allowed without leashes.  They have been running there for eight years.  They work with the Town, which is why they are still running there.  They go down to a jetty if the dogs are walking at the time.  Nobody has been bitten in eight years, she asserted.

 

(101:58 elapsed)

            Selectman Jenness expressed disbelief that people are unable to run on the beaches because of dogs not on leashes.  Chief Walsh stated that dog bite reports on the beach are not uncommon.  It is then often difficult to track down the dog, which could be from anywhere.  Selectman Jenness stated that that sounded like a good pitch for leashes.  Selectman Mills began chuckling.  Editor’s note:  This was a major issue of contention in 2009.  This culminated with Article 15 of the Town Warrant that year.  Chief Walsh stated that an entire eight hour shift could be spent hunting down a dog.  July and August are the big months for dogs.  At times both the ACO and an officer are down there to get the situation under control.  Editor’s note:  ACO stands for Animal Control Officer.  

            In response to a question from Selectman Musselman, it was confirmed that the parking at Foss Beach is open to everyone. 

            Chief Walsh reiterated that he hated to “pound his drum hard,” but stated that this would be the sixth permit.  He asked whether the Board would take a stand and limit the number of permits.  There will be more coming.  Selectman Musselman agreed, saying there would be a lot more. 

            Larry Rocha stated that he likes the idea of looking at all of the permits at one time.  That would allow them to pick the one which works best.  That should be considered for the next year.  Also, the Beach Committee has discussed non water-borne activities.  There should be a fee for those.  Otherwise it is free rent.  He agrees with Chief Walsh about the need to limit the number of events on the beach.

            Selectman Jenness stated that a fee schedule was something that could be looked at at the end of the two year period.  Selectman Musselman stated that there could be an ordinance in the Spring.

            Pat Spalding asked about the advantage to the Town and the taxpayers to having all of these private businesses making money off of the beach. 

            Selectman Mills responded that some of the participants are Rye residents.

            Selectman Musselman stated that it is the public and it is not a Town beach like Sawyers.  The Town does not own Foss Beach or the Atlantic Ocean which is available to the public.  There is an explanation that people learning to surf and those participating in yoga are part of the public.  He stated that this would be revisited next year.

            In response to a question from Selectman Musselman, Ms. Carroll stated that she believes that they pay $85 per year in Kennebunk.

            Selectman Jenness responded to the question as to why this was being done by saying that the Beach Ordinance was passed as it was being done anyway and they were trying to get a handle on it. 

            Selectman Musselman moved that approval be granted, but only for a year, and only on Foss Beach except at extreme high tide, in which case Wallis Sands Extension could be used.  Editor’s note:  This is an apparent reference to Wallis Sands Beach at Wallis Rd. Extension, also commonly known as “Pirates Cove.”  Selectman Mills noted the absence of parking issues at Foss Beach.  Ms. O’Brien stated that there are no parking issues at 6:00 a.m. in any event.  Selectman Musselman stated that more and more people are accessing the beach at Wallis Rd. Extension, and there are houses on the beach there.  Selectman Mills suggested that a tide chart be referred to.  Ms. Carroll stated that they do that in Kennebunk.  They do not take huge groups except when they are working with the Town.  They have done some fund raisers with them and have actually done the Bush’s weddings. 

            Tom Farrelly asked about noise.  He asked whether there was any acknowledgement by the Board of the advantages of tranquility.  Selectman Musselman said that that was why he had suggested Foss Beach.  Mr. Farrelly agreed that that was the lesser of evils, but there would still be someone who came to the beach for peace and solitude who does not appreciate it.  It is a slippery slope.  He asked how the group is controlled.  Ms. O’Brien responded that there is no amplified sound or setup.  Ms. Carroll stated that they are not kids who have to be yelled at. 

            Selectman Mills then asked whether the applicants wanted to view Foss Beach before committing to use it.  A discussion then arose as to how much sand is there. 

            Steve Hillman, 399 Central Rd., stated that there is plenty of space at low tide.  He reiterated that the beaches are public land.  The Town does not own them, except for Sawyers.  The beaches are public trust land, which means that they are free for everyone to use. 

            The motion carried unanimously.

 

Parking meter study (113:44 elapsed)

 

            Town Administrator Michael Magnant summarized the status.  Tighe & Bond had done a study and recommended the installation of parking meters along Ocean Blvd.  They had asked him to ascertain the cost of a further study.  He looked into it and found a firm willing to do it for just under $5000.  Editor’s note:  See the notes of the April 9, 2015 special Board of Selectmen meeting on beach issues.  At that meeting it was stated that, while some money had been budgeted for striping along Ocean Blvd., it was insufficient to stripe individual parking spaces, and that the parking meter study previously discussed for 2015 was not budgeted and could not occur until 2016, allowing installation of parking meters in 2017 at the earliest. 

            Selectman Musselman stated that the proposed consultant is eminently qualified.  They now have rate information that they did not before.  However, he is concerned that there will not be enough data accurately to predict the usage percentage.  In the study that the consultant had done for Narragansett, RI, he assumed 75 percent utilization but suggested that more data be gathered to confirm that before proceeding with the capital investment.  Selectman Musselman suggested that the first order of business be getting from the consultant the data needed.  The Beach Committee should look into this on different days and during different types of weather.  The situation here is different than the one in Rhode Island and the southern part of the Cape.  There is a big difference between one-third and 70 percent utilization.  The feasibility may hang on that.  It is not necessary for the consultant to come up from Marion, MA to do car counts.  A summer intern could do that, he said. 

            Selectman Jenness referred to a need to determine how many car lengths there are between driveways once the striping is done.  Parking meters in other locations than Route 1A, such as  Old Beach Rd., may also be candidates for meters, she said. 

            Selectman Musselman stated that this had not been budgeted, but the striping was being done for less than the budget.  He asked whether that was certain.  Public Works Director Dennis McCarthy confirmed, stating that they would be doing the striping themselves within what they do anyway.

            Selectman Musselman moved that the Chairman be authorized to sign a contract for not more than $5000.  Selectman Mills asked when the work would be done.  Selectman Musselman said that it would need to be done this summer and needs to be authorized now if it is going to be done this summer.  All were in favor.

 

Defibrillator sole source purchase (119:41 elapsed)

 

            Interim Fire Chief Tom Lambert addressed this issue.  He said that he had prepared a memo.  Selectman Musselman then moved to approve.  All were in favor.

 

Fireworks permits (120:36 elapsed)

 

            Selectman Jenness stated that there were two permit requests, the first being at Sawyers Beach, conducted by the Beach Club and the second at Parsons Field, conducted by the Town.  

            Town Administrator Magnant referred to a significant unplanned road closure the prior year.  Parking at Sawyers had to be stopped starting at 5:00. 

            Chief Lambert stated that he and the Police Chief had met several times on this issue.  The exclusionary zone changes with the size of the fireworks and the tubes used.  Seventy feet are required for each inch of shell diameter, i.e. 210 feet for a 3-inch shell and 350 feet for a 5-inch shell.  The tide also has an impact in terms of being able to shoot from the beach.  The road closure comes into effect when the fireworks truck arrives.  It must remain until the fireworks shoot is done.  If they go back to 3-inch shells, rather than the 5-inch shells planned for this year, the zone will be smaller. 

            In response to a question from Selectman Musselman, Chief Lambert stated that he believes that the fireworks at Parsons are two inches or less. 

            Mr. McCarthy stated that high tide is at midnight and 1:00 in the afternoon that day (the third).  Low tide is at 6:50 and 7:00.  Editor’s note:  He is apparently referring to a.m. and p.m. respectively. 

            Chief Walsh stated that, last time they had set the tubes in the parking area, the first time he had seen that.  The Fire Marshall had been there and wanted them to start the restrictions upon arrival of the truck with the actual explosive devices (not the equipment).  The tubes can be filled at the last minute. 

            Mr. Magnant referred to an e-mail indicating that parking at Sawyers had been closed at 5:00 p.m. and traffic rerouted at 7:00 p.m. 

            In response to a question from Selectman Musselman, Chief Walsh suggested that smaller tubes be used.  The tubes could be filled at the last minute.  The problem last time was that the road was closed preventing access to the Dunes Motel while they were open for business.

            Selectman Jenness stated that she would not vote for the larger tubes this time. 

            Chief Walsh stated that the shoot typically starts at 9:15 p.m.

            Mr. Magnant stated that there is another meeting on the 22nd.  He suggested that there be a meeting with the Beach Club.

            Selectman Jenness asked whether people are allowed to watch from the shale pile.  Chief Walsh confirmed, but stated that they are pushed way back. 

            There was then discussion about debris.  Chief Walsh stated that he was clear that everything needed to be picked up. 

            Selectman Musselman asked how they were going to deal with the ban on all other fireworks in effect for the first time this season.  Editor’s note:  2015 Warrant Article 17, which passed 893-586, prohibits the sale, possession, display and discharge of fireworks except by those issued both a Certificate of Competency by the State and a permit from the Fire Chief for each occasion in which fireworks are to be displayed or discharged.  Certain fireworks are exempt.   Chief Walsh stated that there would be a department meeting and one of the Fire Marshals would come in to go through what is legal and what is illegal.

            Selectman Jenness asked whether the stores in Seabrook are aware of the ban passed by the voters of Rye.  Chief Lambert stated that the notice of the ordinance had been sent to the State Fire Marshall.

            Selectman Musselman moved to approve the fireworks at Parsons Field for July 4, 2015.  All were in favor.

            There was then discussion about the poor condition of the stand at Parsons Field. 

 

Fuel and heating oil bid (130:53 elapsed)

 

            Public Works Director Dennis McCarthy stated that the data had been provided on the bid openings.  They would be going with Atlantic Fuel for number two heating oil and number two blended heating oil.  Hanscom would supply diesel and gasoline.  All were in favor. 

            Selectman Mills stated that last year they had locked in at $3.35 and the price of oil was below $3.00 so they took it on the chin. 

            Victor Azzi asked what the price was.  Selectman Mills reported that it was $2.18.  Selectman Jenness clarified that that was for number two heating oil and that the blended is $2.26.  Editor’s note:  See the notes of the Budget Committee hearing of January 14, 2015 during which the $3.44 budgeted by the Rye School District for oil was disputed by residents.  As a member of the Budget Committee, Selectman Musselman defended the budgeted price, stating the entire discussion was ludicrous and that there had been prior instances where prices had climbed rapidly.  In past years the School District has joined with the Town in obtaining heating oil bids.  Assuming that is also the case this year the much lower than budgeted heating oil price will result in a substantial surplus unless the funds are diverted elsewhere.  Because the School District is on a July to June fiscal year and the heating oil bids obtained in June apply to the upcoming winter heating season, the entire School District budget for 2015-2016 will be positively impacted, while portions of both the Town’s 2015 and 2016 budgets will be impacted. 

 

Tree removal at 208 South Rd. (132:26 elapsed)

 

            Mr. McCarthy stated that this was a fairly large ash tree in the Rye Beach Village District whose roots are damaging a wall.  The resident in that location would like it removed to prevent continual repairs of the wall, but she approached the Chairman of the Rye Beach Village District Planning Board because of the scenic roads designation of the Town.  He stated that they would not likely be pleased by the removal of a tree of that size.  Both the Rye Beach Village District (at their expense) and the Town use Urban Tree and the Village District is becoming more cognizant of the value of the trees.  The resident raised the issue of the tree being a possible liability to the Town.  Mr. McCarthy stated that he told her it is an act of God and that there would not be a lot of liability.  Nevertheless, she may be in to talk with the Selectmen as she did not accept that.  It is a mature tree which is probably in decline but that can go on for many years, he said. 

            There was then discussion as to whether a temporary loss of leaves should result in removal of the tree. 

           

(137:20 elapsed)

            Selectman Mills asked what the resident was going to do with the wood if the tree is taken down.  Mr. McCarthy responded that she would give it to him.  Selectman Mills said “take it down.”  There was laughter. 

            Selectman Jenness stated that they were in agreement that Mr. McCarthy would speak to the resident.  

 

Deed to paper street, Santarellis (138:00 elapsed)

 

            Selectman Jenness stated that Attorney Donovan had looked at it and approved.  Selectman Musselman stated that they do not have a plan.  He stated that he would like to see a tax map.  The matter was tabled to the next meeting.

 

Heritage Commission appointments (139:01 elapsed)

 

            It was noted that none of the nominees were present.  Selectman Jenness stated that Mr. Johnson was supposed to be in attendance.  Selectman Mills stated that he had never met the person.  Selectman Jenness noted that Selectman Mills had met Beverly Giblin.  Selectman Mills confirmed, and recalled that he had asked whether she was a client of Mae Bradshaw’s.  Editor’s note:  See the notes of the August 11, 2014 meeting and the video of that meeting at 4:42 elapsed.  After Ms. Giblin denied that she was a client of Ms. Bradshaw’s, Selectman Mills stated that he was “trying to break up the cronyism on the Heritage Commission.” Selectman Jenness stated that they could vote on her nomination.  

            There was then discussion as to the period of the appointments.  Selectman Jenness suggested that the matter be tabled as normally the ending dates of the appointments appear on the agenda and that is not the case here. 

            Selectman Musselman asked whether Selectman Mills would like to make a motion on item five.  Editor’s note:  Item five on the agenda is the appointment of Alex Herlihy.  Selectman Jenness stated that she was going to table item five anyway due to the need for a question to be answered by the Heritage Commission.

            The motion to table all of the Heritage Commission appointments was made by Selectman Musselman, but there was no vote.

 

Dow Lane traffic concerns, e-mail from Jenny Sears (141:14 elapsed)

 

            Police Chief Walsh stated that he had spoken with Ms. Sears and told her that speed bumps were too far outside the box.  The officers have been giving attention to the area.  Selectman Jenness expressed concern about putting speed bumps on any public road. 

 

Town Hall Committee appointments (143:04 elapsed)

 

            Selectman Musselman asked whether the charge adopted six weeks earlier needed to change in light of subsequent discussions about survey methodology.  There needs to be a discussion about whether the survey would be funded, and whether it could be funded.  He stated that it has to do with general government and decision making rather than a specific project.  Editor’s note:  2015 Warrant Article 5, which would have provided $4.1 million for Town Hall renovation and expansion, was defeated 575-887.  As a bond issue, it needed 60 percent to pass.  Under RSA 32:10, I(e), appropriations may normally be transferred from account to account as long as total expenditures remain within budget.  However, when a warrant article is defeated, no funds may lawfully be transferred or spent for the purpose of that warrant article.  

            Selectman Musselman moved to appoint an eleven member Committee consisting of:

 

                        Ed Hayes

                        Tim Durkin

                        Paul Goldman

                        Joe Tucker

                        Ritchie White

                        Scott Rawding

                        Karen Stewart (representing the Historic District Commission)

                        Beverly Giblin (to be of the Heritage Commission)

                        Jeffrey Quinn (Planning Board)

                        Joe Mills (Board of Selectmen)

                        Craig Musselman (Board of Selectmen)

                       

            Michele Sopher would be an advisor from the Energy Committee.  Mike Magnant, Cyndi Gillespie and Beth Yeaton would be non-voting ex officio members representing staff, Selectman Musselman stated.  Selectman Mills stated that this is not the final list and more could be added.  Selectman Musselman agreed. 

            Selectman Mills seconded.  All were in favor.

            Editor’s note:  Only Paul Goldman and Craig Musselman remain as voting members from the 2014-2015 Town Hall Committee.  The other voting members are all new.  Joe Tucker had been on an earlier Town Hall Committee in 2011.

            Selectman Jenness stated that the charge needed to be revisited and the first meeting set.  Selectman Musselman stated that that group would need to nominate its Chairman. 

            He continued, stating that “it’s going to be hard for all of us to put all preconceived notions behind us, leave all options on the table, and begin again.”

 

Timothy Horne donation for beach cleanup (146:30 elapsed)

 

            Selectman Jenness outlined the section of beach (near Cable House) and the proposal.  Mr. Magnant stated that he had visited the beach with the DPW Director and had taken photographs.  There is some seaweed and a lot of small rocks.  There was then discussion about whether rocks could legally be taken away, and the fact that the seaweed comes and goes.  There was also discussion about whether residents could harvest seaweed from the beach.  Public Works Director Dennis McCarthy stated that it could be as long as it was above the high tide line. 

            Lori Carbajal stated that there was an implicit assumption that, having paid the $10,000, Mr. Horne would expect the cleaning to occur in future years as well.  Mr. Magnant agreed.

            The decision was made to send a letter thanking Mr. Horne for his offer, but declining.

 

Resident and non-resident Recycling Center permits (153:01 elapsed)

 

            Mr. Magnant stated that he had obtained an opinion from Town Attorney Donovan stating that selling permits to North Hampton residents would require Town Meeting approval.  However, since there is already an ordinance in place relating to Rye residents, so that portion of the program can proceed.

            Selectman Mills then stated that he had observed a car with Massachusetts plates and an individual taking skis out of the swap shop.  That led to discussion about non-residents using the Recycling Center.

            Selectman Musselman related a story about his wife having dropped her keys in the trash hopper, and a Transfer Station people having climbed into the hopper to retrieve them. 

 

Non-public session on litigation (156:48 elapsed)

 

            Mr. Magnant requested a non-public session on litigation.  The Selectmen then voted to go into non-public session by roll call vote.