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
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.