NOTES OF SEPTEMBER 14, 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, Town Finance Director Cyndi Gillespie.

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

Persons present from the public included: Tom Aspinwall (Mosquito Commission), Victor Azzi, Lori Carbajal, Linda Cavanagh, Peter Crawford, Rebecca O’Brien.

Editor’s note: For ease in finding particular sections using the archived video and audio on the Town website, the elapsed time is indicated. Use the slider and the elapsed time indicated at the bottom of the video window to fast forward to the desired section. Videos on the Town website may currently be accessed at www.town.rye.nh.us by clicking on “Town Hall Streaming” at the bottom left of the screen. Follow the link for “Town Hall Live Streaming,” then find the meeting by date under “Previous.”

The video starts at 6:45:11 p.m. (0:00 elapsed). The audio is off until 6:45:46 p.m. (0:35 elapsed).

Summary

1. Selectmen approve 2 percent pay increase for budget, despite inflation of .2 percent, as contracts have a 2 percent floor.

2. Mosquito problems near Parsons Rd. will be looked into. Contractor asserts mosquitoes are way down in part due to few high tides flooding the marshes in recent years.

3. Town may not have authority to force remediation of algae in Breakers condo duck pond.

4. Recycling facility stickers have been ordered, will be provided free when residents renew their vehicle registrations. Enforcement will start a year later, after everyone should have their stickers.

5. Report on possible shared fire services with Portsmouth due at September 28 Selectmen’s meeting.

Non-public session

Town Clerk Beth Yeaton was observed leaving the building just before the Selectmen arrived in the Courtroom for the public meeting.

Announcement: Town Hall Survey (1:28 elapsed)

Selectman Jenness announced that there is still time to complete the Town Hall survey. They will be accepted through September 18. Dennis McCarthy asked when the yellow signs should be picked up. It was decided that this should occur on the 18^th.

Consent Agenda (2:33 elapsed)

Selectman Jenness announced the items, which included an event permit for the Wallis Sands Triathalon, a letter from Senator Stiles regarding the State budget, an Accounting Procedure for Capital Asset Control, and updated Purchasing Policy (with a small change allowing department heads to dispose of items of less than $500 with the concurrence of the Town Administrator) and the Investment Policy, with no changes required as determined by Town Treasurer Jane Ireland.

The motion to approve the Consent Agenda carried unanimously.

Minutes (3:45 elapsed)

The minutes of the August 26, 2015 meeting were unanimously approved with changes. The minutes of the non-public session of the same day were unanimously approved without changes.

Enforcement action, Purdie garage (5:43 elapsed)

Town Administrator Michael Magnant reported that Building Inspector Peter Rowell was present to address this issue. The Town Attorney requires Board of Selectmen approval before commencing enforcement action, he said.

Mr. Rowell stated that it had come to light, about a year and a half ago when Mr. Purdie applied for a building permit to rebuild the garage, that the Zoning Board had, in 1983, in connection with a variance for an addition and a porch, asked that the garage be removed. That was not done, but he thought that he wanted to rebuild it. Mr. Rowell had told him that he needed to go back to the Zoning Board. About six months ago Mr. Purdie had gotten a demolition permit and he was going to move the garage to his son’s house. That has not occurred. Mr. Rowell stated that he has written two notices of violation and knocked on the door with no response. Mr. Rowell stated that a letter from the Town Attorney would be helpful.

Selectman Musselman moved to approve enforcement. Selectman Mills seconded. All were in favor.

Selectman Mills stated that a lot of people in town want to have the garage removed. He stated that the telephone pole indicating the right of way is up against the garage.

Cost of Living Adjustment (“COLA”) (7:45 elapsed)

Town Finance Director Cyndi Gillespie stated that the CPI available as of September 1 (reflecting July 2014 to July 2015 price levels for Boston) reflects a 0.2 percent increase. As the contracts provide for a 2 percent floor, she suggests that the 2 percent be the increase. The motion to approve that increase carried unanimously.

RFP for assessor to replace David Hynes (9:23 elapsed)

Town Administrator Magnant asked for permission to proceed based on the draft. None of the Selectmen had any comments on that and it was decided that no motion was needed for Mr. Magnant to proceed.

Rebecca O’Brien, Get Out There Fitness Beach Permit (10:04 elapsed)

Police Chief Walsh stated that Ms. O’Brien had asked to extend her permit. There has been only one complaint, but it had nothing to do with Ms. O’Brien, Chief Walsh said.

Ms. O’Brien stated that she hoped to teach two 9:00 a.m. classes this Saturday and the following one. She reported that every third week, due to the tides, classes are conducted at Pirates Cove rather than Foss Beach.

Selectman Mills stated that the use of the name “Pirates Cove” offended him as the name was never officially changed. It was decided that she should use “Wallis Rd. Extension” in the future. Selectman Mills related the history of the restaurant by the name of “Pirates Cove” at the location.

The motion to approve the extension carried unanimously.

Ms. O’Brien asked about the process for the 2016 permit.

There was then discussion about a proposal to have all of the permit applications due on March 1, 2016, with all applications hearing at a meeting in mid-March. Ms. O’Brien stated that, while her permit allows for 15 participants, she has had a maximum of 8. A decision was then apparently made to extend Ms. O’Brien’s permit through April 1, 2016.

Causeway St. guard rails (14:42 elapsed)

Public Works Director Dennis McCarthy stated that seven such guard rails on Causeway need to be addressed. They are more fences than guard rails, he said. They are especially prevalent in “the precinct.” Editor’s note: This is an apparent reference to the Rye Beach Village District. Mr. McCarthy stated that the guard rails on Red Mill will need to be addressed along with the culverts. Mr. McCarthy also stated that the guard rails had been knocked over by plowing or the snow.

Selectman Jenness asked who had put the fences up. Mr. McCarthy stated that they might actually have been put up by the precinct, but it is not precinct property. They could be asked to take them over, as is the case for street lights and sidewalks.

There was then discussion about metal vs. wood guard rails. Selectman Mills stated that Rye Beach Precinct would not accept metal guard rails.

Selectman Musselman suggested that National Park Service timber rails be used, inasmuch as the roads in Rye are designated scenic. Mr. McCarthy stated that there were two standards, one heavy timbers, and the other heavy timbers with metal.

Resignation of Shawn Carlson as Rye Police Officer (21:50 elapsed)

It was revealed that Mr. Carlson had resigned, effective September 8, 2015. The motion to send a letter of thanks carried unanimously.

Resignation of Tom Archibald from Rye Energy Committee (22:28 elapsed)

Selectman Mills made a motion to accept the resignation with regret. He stated that Mr. Archibald had done an excellent job. The motion carried unanimously.

Beach access ramps, 1585 Ocean Blvd. (22:56 elapsed)

Selectman Jenness stated that the e-mail from Helen Stamos of 1585 Ocean Blvd. related to beach access in front of her home. While there are wooden ramps up the stones, there is an obstacle to accessing the sand.

Selectman Mills stated that the Town provides the ramps going up, but people were on there own going down the other side. Town Administrator Magnant stated that she is asking for a ramp or stairs on the other side. Selectman Musselman agreed that access was a problem for the elderly although he has no idea what could be done. He suggested that she get access at Rye Harbor State Park. Selectman Mills noted that she lives across the street 25 or 30 feet away.

Selectman Jenness stated that there was no way the Town could guarantee that whatever is put there would not be washed away. Selectman Musselman agreed, stating that it would be gone after every storm. She noted that the shale piles are maintained by the State, not the Town.

Selectman Mills asked about the agreement with the State regarding the ramps. Mr. McCarthy stated that he was unaware of such an agreement. Selectman Mills stated that the money had been appropriated at Town Meeting and there would have to be some sort of agreement due to the liability issue of someone falling down. He provided an example of an instance where someone had injured their head.

Selectman Jenness stated that the shale piles were not there prior to 1900, including along Sawyers Beach. They were put there to protect Ocean Blvd. when it was built, she said.

Selectman Musselman asked where else there were shale piles. Selectman Jenness responded that Arcadia National Park had them. Editor’s note: That park is in Maine and encompasses part of Mt. Desert Island. Someone in the audience stated that New Castle also has them.

Selectman Mills quipped that Selectman Jenness had helped put down the first set of rocks in 1900.

Selectman Musselman suggested that she be informed that the Town does not maintain the shale pile and safe access can be had from Rye Harbor State Park.

Selectman Mills asked “who the h___ puts the signs up down there.” Mr. McCarthy stated that they do. Selectman Mills stated that people are being encouraged to park there and now they are being told to obtain access via the State Park. Selectman Musselman stated that it was OK for younger people.

Linda Cavanagh, speaking from the audience, stated that she lives near Foss Beach and it is scary getting down the rocks. That beach is being used more and more as parking gets so bad, she said.

Letter from John McCune re: mosquito problems (29:43 elapsed)

Selectman Jenness paraphrased the letter, which stated that he had noted little activity in the marsh and that mosquito problems this year were significantly worse. It is now the worst he has seen. Without weekly spraying they cannot use their lawn, the letter said. The letter asked that the Town go back to what was working well in prior years.

Selectman Jenness stated that she had not had the same experience and asked if there were other complaints. Mr. Magnant stated that there had been some at the beginning of the year. It was revealed that Mr. McCune lives on Parsons Rd. Selectman Jenness stated that Brackett Rd. was the only other street that she had heard had problems.

Tom Aspinwall, Mosquito Control Commission, stated that the prior year there had been complaints in the same area with people complaining about “vicious” mosquitoes preventing them from walking their dogs in the morning or afternoon. They had not found there to be a problem. Mosquitoes fly around at dusk and through the night from the areas that they are successfully breeding. This year there were complaints on Brackett Rd. Mike from Swamp, Inc. inspected the area.

Mike stated that he had spoken with the McCunes earlier that day. From their answers, he believes that these are probably salt marsh mosquitoes. It is large area from Pollock wrapping around to Parsons. Despite the large number of ponds there have not historically been a lot of mosquitoes there. The problem could be a pool or two. Usually when someone is getting mosquitoes it is something close by. He put traps on their property so that the species can be determined. Overall, the mosquito numbers are way down. That State had no EEE or West Nile this year. Salt marsh mosquitoes have been declining. There was only one tidal flood this year resulting in mosquito breeding in the marshes. This can be determined from the tide charts. Three or four years from now there will be a lot of such floods due to the cycle, but the last five or six years there have not been many. The traps are catching mostly fresh water mosquitoes. This year April was dry. Everyone predicted that all of the snow would cause problems but the ground was not frozen when it melted. Mike stated that Rye is a gigantic wetland and is probably the worst mosquito town in the State. There is salt marsh and a lot of fresh water wetlands. He promised to work with the McCunes to solve the problem.

Mr. Aspinwall noted that Rye Rec. has noted an increase in mosquito activity. He said that he plans to recommend for the next day’s Mosquito Control Commission an adulticiding. The School seems to be OK.

Mike stated that only Portsmouth and Newington are still doing street spraying. That has been a tool for mopping up in the past. He does not recommend, however that this be reinstated.

Letter from Linda Cavanagh regarding snow removal on La Mer Dr. (39:12 elapsed)

Selectman Jenness read from the letter, which states that the street ends in a “T” with their driveway off one branch of the “T” and the Cavarettas on the other branch. She complained that, due to the actions of the Cavarettas snow has been pushed to their side of the “T,” creating a safety issue related to emergency vehicle access, particularly this past year. The letter referred to the Cavarettas parking spaces preventing the snow from being pushed to their side of the “T.” In addition, they have constructed a stone wall in the Town right-of-way.

Public Works Director Dennis McCarthy stated that a similar issue had arisen in 2004. He stated that Building Inspector Peter Rowell had dealt with it to some extent the prior year. Selectman Mills asked whether the apartment there was legal. Mr. Rowell responded that it was not, but they were trying to get that straightened out.

Selectman Mills made a comment about the Cavanaghs, Public Service New Hampshire and the Winebaums on Cable Rd. Editor’s note: Linda Cavanagh’s husband, John Cavanagh, was with PSNH and was involved in a discussion relating to the cutting of trees near the Winebaums’ property a number of years earlier. See http://ryereflections.org/servlet/pluto?state=3030347061676530303757656250616765303032696430303436303931

Mr. McCarthy spoke about additional parking spaces having been added. Selectman Jenness asked about the legality of the tenant parking. Mr. McCarthy stated that there is currently no driveway approval. That should be snow storage, he said.

Selectman Musselman asked whether they would be moving and whether there would be a new owner. Mr. McCarthy stated that that is the plan. He provided additional details about the parking. Normally, one driveway is allowed. It should be reiterated that that is all that is allowed.

The issue of a site walk came up. Ms. Cavanagh stated that she would like to see one. Mr. McCarthy stated that they have a legitimate issue.

It was agreed that this should be straightened out before next winter.

E-mail from Jill Barrett, U.S. Coast Guard, re: Route 1B bridge (45:21 elapsed)

Selectman Jenness read from the letter, which stated that the 30 day public comment period relating to the New Castle/Rye bridge had been opened relating to NHDOT’s fixed bridge replacement option. It was agreed that material previously prepared would be updated and sent to the Coast Guard.

Selectman Musselman stated that the Coast Guard’s notice requests information from all boat owners on their boats and the clearance. It does not focus on the $10 million additional cost to make this a lift bridge. The bridge opens three times a year on average. NHDOT has “mushed ahead,” stating that it appreciates the support of Rye, Portsmouth and New Castle (which lately has also been in support), but the Coast Guard must certify. Editor’s note: The support is apparently in favor of replacing the existing lift bridge with a fixed one. Subsequent to the meeting the Rye Civic League has received information indicating that the elimination of the lift bridge may also affect continued dredging of Sagamore Creek and other waterways accessible only by boats traveling under either of the bridges joining New Castle to the mainland. Assertions made at Board of Selectmen’s meetings conflict with this. A number of boats are docked along Sagamore Creek. This matter is being further investigated.

State 2017-2026 State Transportation Plan (47:23 elapsed)

Selectman Musselman stated that Rye could provide input, but they are not on the list. Selectman Jenness stated that the closest was Hampton. Selectman Musselman stated that Route 1 is the glaring issue, as is Ocean Blvd. It was revealed that the closest public hearing is in Hampton.

Letter from Richard Gamester, re Portsmouth/Rye shared services (48:40 elapsed)

Town Administrator Magnant stated that he was a little surprised to see the letter as he was about 70 percent done with his report and had been working with the Portsmouth Fire Chief. He said that he hopes to have the report done for the meeting on the 24^th. Editor’s note: See the notes of the January 12, 2015 meeting and the minutes of the February 10, 2015 meeting. Discussions with the Portsmouth Fire Department have been ongoing since earlier this year.

Breakers Condominium duck pond algae (58:32 elapsed)

Mr. Magnant stated that Building Inspector Peter Rowell had been working on the issue, and Health Officer Snow had been out to the property. There had been two rounds of sampling. The tests had come back high coliform, but low e-coli, which indicates that human and animal waste are not getting into the pond, but there is some other type of bacteria. That could be weeds, logs or other debris. Additional samples after the recent rainstorm were taken but the results are not yet in.

Building Inspector Peter Rowell stated that he is concerned, however, that there is no record of the septic system there. He looked at one of the tanks, which is 1000 gallons serving two units, located adjacent to the sea wall. He speculated that three or four units in the back have tanks with dry wells adjacent to the sea wall. In conversations with DES, unless a dye sample shows seepage it is not in failure in their eyes. The people on the Board of the condo have been receptive and open to dye testing. They will check with the owners regarding that. The Board may decide to hire someone to address the issue of the pond. One septic system has been replaced. Another owner wants to replace his system, but there is little room. He is concerned that a piecemeal approach may leave them with little room for leach fields.

Selectman Musselman noted that the pond is completely stagnant, with no water flowing in or out. There can be dye tests “until the cows come home,” but no dye will be found as the effluent moves through sand. That is also why no fecal coliform is being seen. There are algae blooms due to the nutrients in the pond. Aeration might make it look better, but the only ability of DES to regulate is overland flow of septic waste.

There was discussion about overflow going into a catch basin and ultimately into the ocean. He stated that there used to be a connection to the pond but is no longer active. That pipe provided flushing. It was explained to him that there was a valve under the building. Selectman Jenness asked whether the stagnant pond might be a mosquito problem.

(56:40 elapsed)

Selectman Mills asked whether the other Selectman planned to just leave the issue. He said “you know they’re residents of Rye, and they’ve complained and I’ve been down and looked at it, and it’s an unsightly “g__ d____ mess. And, you gotta wonder, there’s got to be some kind of germs or something coming out of the thing. I wouldn’t want to live next door to it.”

There was discussion that they were waiting for the results of the latest tests. Selectman Mills argued that there must be something that the State can do. Mr. Magnant stated that the State always turns to the Town. Mr. Rowell said that, if the Town takes the lead, the State will back up the Town.

Mr. Rowell stated that he had been dealing with “Subsurface.” Perhaps he needs to deal with “Lakes and Ponds,” he said. Selectman Musselman suggested that he call them.

Mr. Rowell said that there was a fence around the pond. A section had been knocked down, but it would be put back up.

Mr. Magnant said that they had not been sitting on their hands. He enumerated the steps that had been done. However, there may not be the authority to do anything.

Lori Carbajal noted that the condo documents, which need to be approved by the Attorney General’s Office, need to address environmental issues and standards. Selectman Musselman said that this is on the fringes of being an environmental issue.

Selectman Mills suggested that the “condo people” be invited to a meeting with the Selectmen and the neighbors. “You’re dealing with one condo and another condo and nobody knows who the h___ is in charge.”

Mr. Rowell stated that he would get in touch with the appropriate division. He does not believe that there is a “Lakes and Ponds” division, but there probably is a division for surface water. It will all go away shortly after the ice forms, he argued. Selectman Jenness added that it would be temporary.

Recycling Facility Stickers (62:39 elapsed)

Public Works Director Dennis McCarthy stated that he had worked with the Town Clerk, who had ordered stickers. The program will be moving ahead within the framework of the original ordinances requiring stickers. When residents come in for their vehicle registrations they will be provided with free stickers. It will take a year for the cycle to go through before everyone will have to have a sticker on their car. They are also looking at revised language for the ordinances for Town Meeting.

Selectman Musselman asked about non-resident stickers. Mr. McCarthy said that it was stickers for weekly rentals, not for residents of other towns. Editor’s note: Within the past year there has been discussion about providing access to the Transfer Center, for a fee, to North Hampton residents.

Bicycle accident, note from hospital (64:39 elapsed)

Interim Fire Chief Tom Lambert read a letter from the head of EMS at “the hospital” relating to a confused victim of a bicycle accident on August 26. The patient had a brain contusion and subdural hematoma. She was transferred out of the ICU and, a few days later went home “neurologically intact” and much improved.

Mr. Lambert stated that two bicycles had been riding in single file. The tires rubbed and one of the bicyclists fell off. Selectman Musselman quipped that that would not have occurred if they had been riding side by side. Chief Lambert responded that this would have prevented the accident, but that riding side by side is not allowed. Editor’s note: This was a topic of vigorous discussion in 2012. Ultimately, in 2013, Warrant Article 14, requiring that bicycles ride single file, passed 554-537.

Selectman Mills asked Police Chief Kevin Walsh why he wasn’t doing something. Chief Walsh stated that he was too busy writing reports. Selectman Mills said “you cops, you just drive around, eat donuts and drink coffee.”

Adjournment

Whereupon the meeting adjourned at approximately 7:52 p.m.