NOTES OF NOVEMBER 9, 2015 RYE BOARD OF SELECTMEN MEETING

Final Revision B – Provided by the Rye Civic League

 

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

The video starts at 5:42:18 p.m. (0:00 elapsed).

 

Summary

 

1.                            It was agreed that a warrant article would be prepared leading to possible sale of the Parsonage Apartments for one dollar to the Housing Partnership.

2.                            The Selectmen requested more information on a proposal to dredge Sagamore Creek and deposit the sand off of Wallis Sands beach.

3.                            Jane Holway’s resignation from the Heritage Commission was not accepted but rather the matter was tabled.

4.                            The Selectmen objected to the Heritage Commission setting up a meeting with the Town Administrator and the former Town Hall architect in connection with leveraging State resources following the selection of the Town Hall for the “Seven to Save” list.

5.                            The study on installing parking kiosks along Ocean Blvd. has run into some snags, but a report is still due in December.  If that shows a favorable cost/benefit analysis there may be a warrant article to fund further study next year.

6.                            The Selectmen expressed concerns regarding whether a proposed $80,000 loan would provide the solution to bacterial contamination in the Parsons Creek watershed.  Contamination warning signs at “Stinky Creek” will likely be needed for a number of years to come, one said. 

 

 

Work session with Housing Partnership on Parsonage Apartments (0:59 elapsed)

 

            Editor’s note:  The persons present applies only to the work session.  A separate persons present section applies to the regular meeting (see below)

 

            Present (clockwise around table):  Marty Chapman, Housing Partnership, Town Administrator Michael Magnant, Selectmen Musselman, Jenness and Mills, Town Finance Director Cyndi Gillespie.

            Also present and sitting in the audience:  Peter Crawford

 

           

            Editor’s note:  The Town owns the Parsonage Apartments, which were acquired a number of years ago when the Town purchased additional land for an expansion of the Library.  The Town has leased these to the Housing Partnership, which in turn leases them to individual tenants.  An issue has arisen as to the condition of the apartments.  In 2015, the Town approved a warrant article that results in the rent that the Town receives from the Housing Partnership going into a fund to provide capital improvements for the Parsonage rather than into the General Fund to reduce taxes.  As the lease with the Town will be up in 2019, the Housing Partnership is seeking to buy them from the Town as a way of providing an asset that can be leveraged to provide funds for further renovation.  See the notes of the September 28, 2015 meeting.

            Selectman Jenness introduced Marty Chapman as Executive Director of the Housing Partnership.  She asked him to go over the two options, stating that she had a copy of his presentation.  Editor’s note:  This has not yet been posted on the Town website.

            Mr. Chapman stated that there were two options:

1.      Renovate the existing building which has gone twenty years and needs quite a bit of updating.

2.      The same, however add additional units, either attached or in a separate building.  This would provide the benefit of scale and permit the “soft” costs of the architect, civil engineer and lawyers to be amortized over more units.

Mr. Chapman explained that there are currently eight units in the Parsonage and that an additional 6-8 units would be added under the second option.  Planning Board, but not ZBA, approval would be needed for that as the plan would be to conform with the zoning ordinance.  There was discussion as to whether the parking would conform with the ordinance, and whether the impervious coverage would exceed the limit. 

            Mr. Chapman stated that the rents of the new and old units would all be the same as 100 percent of the units would be classified as “affordable.”

 

(7:42 elapsed)

            Selectman Jenness asked whether, if they selected the second option, Town Meeting approval would be needed.  Selectman Musselman stated that a warrant article would be needed if there is to be a transfer of ownership.  He raised the issue of whether that could be done if there are two options on the table.  Mr. Chapman referred to the possibility of a long-term ground lease or a deed restriction for 99 years to keep the property affordable.  Selectman Musselman suggested that the warrant article be for the second option with contingencies.

            Selectman Jenness asked whether they are anticipating any opposition.  Selectman Musselman enumerated the neighboring properties. 

            Mr. Chapman indicated that he had a representative of the New Hampshire Division of Historic Resources come out to look at the Parsonage to see whether the property could be placed on the National Register of Historic Places.  Although it still represents the original classical look, he felt that there had been too much replacement of materials for it to qualify.  Qualification would open it up to other resources.  The date of the building is 1820s Mr. Chapman said. 

            Selectman Jenness stated that she recalled when the building was a home.  When it was converted to apartments there were all kinds of things, such as Murphy beds, that were installed.  These do not date from the period, she acknowledged.

            Selectman Musselman stated that he would rather see the property transferred rather than to retain a ground lease.  A long-term commitment to low-income housing that would be provided, and it would take the Town out of the loop.  Selectmen Jenness and Musselman agreed that the Town does not want to be a landlord and does not perform that function well. 

            Selectman Musselman referred to the Library being a second living room for the tenants. 

            Selectman Jenness raised the issue of whether the number of parking spaces required would be reduced if the housing is for seniors.  She also asked whether the current tenants would have to move out.  Mr. Chapman stated that the Uniform Relocation Act would require them to find alternate housing for the tenants during the construction. 

            Selectman Mills stated that he preferred the second option and a 99 year lease.

            Mr. Chapman asserted that any objection would likely be to the additional units.  Selectman Musselman stated that HDC, Planning Board and Board of Adjustment (ZBA) approvals might be required. 

            Mr. Chapman stated that once he knew that the warrant article had been placed they would be willing to spend some money on drawings. 

            There was more discussion about persons that might object to the transfer. 

            Town Administrator Magnant asked about conditions.  Mr. Chapman stated that site control was needed so that there would be something with which to secure debt.  Mr. Magnant suggested that a sale or lease be entered into, and then the Housing Partnership could go through the approval process as any other person would need to.  Mr. Magnant stated that this would get the Town out of the landlord business, the building would be rehabbed and there would be the potential for expanded housing. 

            Selectman Mills asked whether the question would then be why White Birch was built.  Editor’s note:  This is housing at Rye Airfield off of Route 1 in Rye, also managed by the Housing Partnership.  There was then discussion about the need for additional such housing.

            Selectman Musselman suggested that the contract provide for transfer, but contingent upon the Housing Partnership securing financing. 

            Mr. Chapman indicated that an elevator would not be required unless there was to be a third floor.

            Selectman Musselman asked about the possibility of structural issues.  Mr. Chapman stated that their due diligence would include a full structural review.

            Mr. Chapman stated that it is not unusual for workforce housing to be built in former public facilities.

            Selectman Musselman asserted that the sale of this concept would be easy.  Either low-income housing would be lost, the Town would be back asking for a lot of money from taxpayers, or an 1820 house would be torn down. 

            Mr. Chapman stated that the lease with the Housing Partnership expires in January 2019.  Federally-funded workforce housing is competitive and is based on a scoring.  Sometimes multiple attempts are needed.  They are looking at late 2016 to apply for 2017 financing.  Applications are allowed only once a year.  The goal would be to have the facility done and open for business by the time that the lease expires.

            Selectman Musselman asked whether taxes would be paid.  Mr. Chapman stated that there would be a silent, limited partner, usually an institutional investor, contributing 60-70 percent of the equity.  They would be the owner and would pay taxes to the Town while the Housing Partnership would be the managing general partner and would have complete control. 

 

(31:50 elapsed)

            Selectman Musselman asked what the sale price would be.  Mr. Chapman stated that, if it were to be a lease, the best way would be to structure the lease payment out of cash flow.  Selectman Musselman asked whether it could be structured as a sale for one dollar with some payment coming back to the Town out of cash flow.  Mr. Chapman expressed uncertainty.  That would not be a lease, he said.  Selectman Musselman asked whether the rents would have to be higher if more was to be paid to the Town.  Mr. Chapman stated that the rents are capped by HUD, however, there is a point at which more funding is not available. 

            Selectman Musselman raised the issue of how much had been paid for the property and expressed concern that someone might raise that issue.  Selectman Mills stated that it had been bought for the Library expansion.  Selectman Jenness stated that it was very complicated as the Town Museum was also moved. 

            Mr. Chapman stated that the property would pay taxes based on its assessment.  Selectman Musselman said that that might be the benefit to the Town.  “Sell it for a dollar.  The benefit is the tax flow,” he said.

            Mr. Chapman stated that, under the lease option a lease payment could be made.  They would still also pay taxes, however the lease payment would be subject to the performance of the property. 

            Mr. Magnant asked whether they currently paid taxes.  Town Finance Director Cyndi Gillespie stated that the lease is in lieu of taxes.  She stated that they check every year to see if the payment is more or less than the taxes.  The lease payment is currently $13,000 a year, she said. 

            Selectman Mills asked about wheelchair accessibility.  Mr. Chapman stated that a benefit of the expansion could be a ramp.

            Selectman Mills stated that what needs to be pushed is the need for rehab, which will cost money.  The voters have just demonstrated that they do not want to spend money for buildings in Rye, he said.  Editor’s note:  This is an apparent reference to the defeat, earlier in 2015, of a $4.1 million warrant article to renovate and expand the Town Hall.  Selectman Mills stated that it had been voted down three years in a row.  They now know that the issue is money.  They had no idea before, he asserted.  Editor’s note:  In fact, warrant articles in 2013 and 2014 to advance the design process passed, albeit with less than 60 percent of the vote.  Because a bond issue was proposed, the 2015 warrant article for $4.1 million needed 60 percent of the vote, but gained less than 40 percent. 

            Selectman Mills suggested that this be done while Mel is still walking around as he would be a big champion.  Editor’s note:  This is an apparent reference to Mel Low, a former Rye Selectman who is currently on the Planning Board.  He has, for many years, been a proponent of workforce and low income housing in Rye.

            Selectman Musselman suggested a sale of the property with conditions on both sides.

 

(36:57 elapsed)

            Mr. Magnant suggested that the Town Attorney become involved.  Mr. Chapman asked whether that was Michael Donovan, which was confirmed.  He then said that Mr. Donovan serves, or used to serve, on the board of an organization of theirs that does very similar work in Concord. 

            Selectman Musselman said that the warrant article would require a decision between a sale and a lease.  He does not like the idea of there being a date certain when the Town again becomes a landlord.  He would rather sell it, he said. 

            Mr. Magnant suggested a conference call with the Town Attorney and the drafting of a warrant article. 

            Selectman Jenness raised the issue of whether Rye residents could have first priority.  Mr. Chapman stated that this was not possible with federal funding. 

            Selectman Musselman asked about the rent levels.  Mr. Chapman stated that they were based on a percentage of household income for a family of four in the Portsmouth Rochester area.  That is around $85,000.  The federal funding is based on 30 percent of 50-60 percent of that.  At White Birch, using the 50 percent level, the rent for a one bedroom is at the $750 to $800 level.  It would be very similar at the Parsonage.  The rents at the Parsonage are $680.  They are all one bedrooms.  Those would go up somewhat as the rents were based on a benchmark set at lease inception 20 years ago using an 8 percent factor. 

            Mr. Chapman said that the current lease is on both the ground and the buildings.  The warrant article for a lease would need to be a ground lease with the Housing Partnership owning the buildings.  Otherwise there would be nothing to secure the debt to, he said. 

            Mr. Chapman stated that he believed that the project would score well and the odds of receiving financing in the first year would be high.  He asserted that White Birch is indistinguishable from market construction.  There was discussion about the garages there.  Mr. Chapman stated that there would not be garages at the Parsonage.  There would not be space, Selectman Jenness agreed. 

            It was agreed that the warrant article would be to sell the land and the buildings, with the owner to pay taxes. 

            There was then discussion about the Selectmen and the Town Administrator retiring upstairs for a “non meeting” telephone call with the Town Attorney.  Selectman Jenness stated that they would reconvene at 7:00 p.m.

 

            The audio was turned off at 6:27:23 p.m. (45:05 elapsed) but the video continued to run.  The audio was turned back on at 7:26:37 p.m. (104:19 elapsed).

 

Regular meeting (105:18 elapsed)

 

            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, Police Chief Kevin Walsh, Recreation Director Lee Arthur.

Persons present from the public included:  Peter Crawford, Gustav Garceau.

 

Announcements (105:32 elapsed)

 

Selectman Jenness announced the closing of the Town Offices on Wednesday, November 11 in observance of Veterans Day.

Selectman Mills asked whether they would be open on another day.  Selectman Musselman said that it was a holiday for Town employees.  Selectman Jenness turned to Selectman Mills and stated that it was on the list of holidays that he had approved.  Editor’s note:  See the notes of the October 26, 2015 meeting at which it had been agreed that, on Saturdays when the Town Hall would not be open, it would be open another evening during the week.

 

Consent Agenda (106:08 elapsed)

 

Selectman Jenness referred to two sign requests from the Webster at Rye and a request from the Conservation Commission to expend funds in the amount of $2900.  All were in favor of approving both.

 

Minutes (107:02 elapsed)

 

The minutes of the October 25, 2015 were unanimously approved with one change.    The minutes of the non-public session of October 26, 2015 were approved as presented. 

 

Garceau unmerger request (108:00 elapsed)

 

            Selectman Jenness moved this forward from Old Business.  She stated that they had been discussions with the Town Attorney.  The discussion had only raised more issues, so they will need more time.  Mr. Garceau asked whether he would receive any information regarding the area that the attorney is addressing.  Selectman Mills stated that he is working through a legal issue.  Selectman Jenness stated that they had more questions after talking to him, however there is no need for Mr. Garceau to be involved in the interim.  Selectman Musselman stated that Mr. Garceau’s information had been received and forwarded to the Town Attorney.  Mr. Garceau stated that he had made another sketch that is more clear.  Selectman Mills suggested that this be provided to Town Administrator Magnant.

 

Appointment of Dr. Gail Snow as Town Health Officer (110:11 elapsed)

 

            Selectman Jenness stated that this would be a three year appointment.  Selectman Musselman so moved.  Selectman Mills seconded for discussion, but noted that prior appointments had been for a year, and that three years was a long time.  Mr. Magnant stated that she receives a $4800 stipend annually.  He stated that he was unsure why it was a three year term this time.  Selectman Musselman modified his motion to table the issue.  All were in favor. 

 

Rye Recreation Needs Assessment Committee Charge (111:22 elapsed)

 

            Selectman Jenness stated that the Committee had been appointed and read the proposed charge, which was to work with Christopher Williams Architects to refine Recreation Department facilities and space needs.  The tasks include the evaluation of existing facilities, to survey, analyze and evaluate the facilities, to assess current and future space needs, to provide a preliminary layout and cost estimate for a building to enable the town to decide whether to proceed to a subsequent preliminary design layout, to provide the opportunity for public comment and to report back to the Board of Selectmen by February 2016. 

            Selectman Musselman stated that February did not help them at all.  He suggested a date of April to allow the report to be provided after Town Meeting.  Recreation Director Lee Arthur appeared to agree after raising the issue of whether the funds could be encumbered again.  Selectman Musselman moved to approve the charge with the change to April 2016.  All were in favor.

           

Surplus equipment auction results (114:24 elapsed)

 

            Public Works Director Dennis McCarthy reported that there were six pieces of equipment.  Eight bid packages were sent out and five bids were submitted.  There were three successful bidders.  They are recommending that the dumpsters be sold to JGM, the six wheel dump truck to Bourassa Construction, and the pickup and police cars to Salisbury Auto Salvage. 

            Selectman Musselman said that Bourassa Construction should be thanked for their fine bid.  Mr. McCarthy stated that a number of bidders were concerned because they thought that someone else would be bidding, but in this case the other bidder did not materialize. 

            Selectman Musselman moved to sell items a-f to the high bidder.  Selectman Mills stated that he would abstain.  The other two voted in favor.

 

Miscellaneous Correspondence (116:22 elapsed)

 

            There was a letter from the Newington Board of Selectmen supporting the expansion of SEA-3 Inc.’s Newington facility.  Mr. Magnant stated that it had been reported in the newspaper that an agreement had been reached.  There was no more discussion as the issue was deemed moot.

            The invitation to the Rockingham Planning Commission Legislative forum on November 18, 2015 was discussed.  Mr. Magnant reported that he had a conflict with a Town Hall Committee meeting and could not attend.  It was agreed that Planning Administrator Kim Reed would be asked to attend.

 

Letter from NH Port Authority regarding deposition of dredging material off of Wallis Sands (118:20 elapsed)

 

            The letter from the NH Port Authority relating to the dredging of Sagamore Creek was then discussed.  Selectman Mills stated that if they wanted to deposit material at Wallis Sands they had already been told no once.  Selectman Musselman said that that involved material from the main channel, while this material is from Sagamore Creek.  They say that it is clean sand, he said.  Selectman Jenness said that they have a map with a rectangle off of Wallis Sands, south of the State Beach, but offshore.  The letter claims that there are no endangered species, but the flounder and lobster do not care whether or not they are endangered, she said.  She asked whether rip tides might be caused by the deposition of the material.  She said that Wells is looking for sand and asked whether it couldn’t be dumped there.  Selectman Mills referred to the transportation cost.  Selectman Mills stated that the fisherman would be very interested and that it would need to be advertised.  There was further discussion about the distance to Wells vs. Wallis Sands. 

            Selectman Mills stated that the area from south of the State beach to Wallis Rd. Extension would be affected.

            Selectman Musselman said that this is not uncommon, and is what the Corps of Engineers do.  Beaches often need sand due to littoral drift.  Offshore deposits add to the sand that the beaches are losing.  This is also the cheapest way to do things.  However, the bottom conditions are unknown, as well as the physical and chemical conditions.  Data should be provided to demonstrate that it is clean sand, he said. 

            Selectman Jenness stated that the dredge window starts in November 2016.

            Selectman Musselman made a motion that a letter be sent requesting further specified information.  All were in favor.

 

Scott Rawding resignation from Town Hall Committee and other Town Hall discussion (125:42 elapsed)

 

            Selectman Mills suggested that the resignation be accepted with regret and indicated that Mr. Rawding had only come to one meeting but had made a valuable contribution. 

            Selectman Mills pointed out that there were many unanswered questions and asked whether the Committee was moving in the right direction.  He said that Mr. Magnant had had a lot of work dumped on him and that he wanted to give him $100.  Selectman Musselman said that Town Attorney Donovan said that they could not do that.  Selectman Mills stated that it could always be sneaked under the table. 

            Town Administrator Magnant asked to clarify what the Town Hall Committee had asked for.  Selectman Musselman said that the need would be compared with what’s available at the Public Safety Building without getting into a discussion of whether there could be fewer bunk spaces, etc. 

            Selectman Musselman said that this was a clerical function that could be performed without cost inasmuch as Attorney Donovan had indicated that there was no authorization to pay for professional services. 

            The motion to accept Mr. Rawding’s resignation carried unanimously.

 

Jane Holway resignation from Heritage Commission (130:10 elapsed)

 

            Selectman Musselman moved to accept the resignation.  Selectman Mills stated that he would not second the motion as he wanted her to stay on.  Selectman Jenness stated that she would prefer that as well, but the letter is pretty clear.  Selectman Musselman stated that Ms. Holway is very frustrated.  Selectman Mills stated that Jane is not the type of person who gives up.  He said that, if she rethinks it her mind might be changed.

            Selectman Jenness read the letter.  It stated that she had, for 40 years, worked to preserve the unique character and heritage of the Town of Rye by working with various commissions and committees.  She is a lifetime member of the Historical Society and has served as a board member.  She was a contributing member to the Parsons Park Corporation which allowed Parsons Field and the Town Forest to be saved from development.  Thirty-two acres of her property are now under protective easement and preserved forever as open and natural spaces.  She personally contributed sizable sums to preserve the aged Town Hall.  However, when the study by the Building Committee determined that the building was unsound she determined that further efforts to preserve the building were unwise and premature until the newly-appointed Committee has formed its views.  It has become increasingly unpleasant to serve as a dissenting member of the Heritage Commission.

            Selectman Musselman asked Selectman Mills whether he wanted to leave Jane perpetually in limbo.  Selectman Musselman then moved to table action on the resignation which carried with Selectman Mills abstaining. 

 

Heritage Commission communication with State agencies regarding Town Hall (133:12 elapsed)

 

            Click here for another perspective.

            Selectman Musselman stated that he had become aware that the Heritage Commission is communicating with State agencies and is attempting to communicate, first or second hand, with the Town’s architect who did the design on the last Town Hall.  They have a Heritage Commission, a Board of Selectmen and a Town Hall Committee that is attempting to come up with a plan and it is entirely inappropriate for the Heritage Commission to end run the Town Hall Committee and attempt to line up meetings in Concord with other people.  He suggested that their opinion, if they have one, should be provided to the Town Hall Committee.  What is going on is ridiculous.  Different bodies in Town are going in different directions.  We should act as one, he said. 

            Selectman Jenness stated that it seemed that the Heritage Commission had been operating parallel to the Town Hall Committee and it would be a good idea for the ideas to be put in some form and communicated to the Town Hall Committee.

            Town Administrator Magnant stated that he had been asked to attend a meeting the following week in Concord with the Chairman of the Heritage Commission, SMP, the architect last year, and the New Hampshire Preservation Society to discuss possible options on revising the plans and keeping certain historical aspects of the building alive. 

            Selectman Musselman stated that it was inappropriate for Mr. Magnant to attend and also inappropriate for SMP to attend.  There is no contract with SMP now, but he thought that they were the Town’s architects, not those of the Heritage Commission or the State Historic Preservation Office’s architects.  All of them should take the lead of the Town Hall Committee.  He asked Selectman Mills whether he disagreed.  Selectman Mills indicated that he did not. 

            Mr. Magnant stated that he had informed the Chairman of the Heritage Commission that he would need the Selectmen’s permission to attend. 

            Selectman Jenness asked how that would be communicated to the Heritage Commission.  Selectman Jenness stated that she had not been aware of the meeting, and that she agreed with the other two selectmen. 

            Selectman Musselman stated that it should be communicated to the Heritage Commission that their representative would not be in attendance, and that it was not appropriate that SMP should be.   Selectman Musselman said that, “to put it crudely I think the Heritage Commission ought to butt out.”  They should provide their input to the Town Hall Committee, he said. 

            Selectman Jenness stated that she believed that the Heritage Commission was trying to follow their mission of preservation as they interpret it. 

            Selectman Musselman said that he understood, but that it did not involve the Town’s administrator or the Town’s architect.  People get confused and think that it is the Town of Rye, he asserted.

 

Date certain for beach use applications (139:10 elapsed)

 

            Selectman Jenness asked whether there should be a date certain by which beach permit applications should be received.  Police Chief Walsh stated that it should be by March 1 so continuing permit applications could be tallied.  New permit applications could come in after March 15.  This year there were eight permits, he said.  He questioned whether there should be any more.  He said he would have the Police Administrator send out a letter informing permit holders of the March 1 date. 

 

Ocean Blvd. parking meter study (140:42 elapsed)

 

            Mr. Magnant stated that he had written a memorandum.  There had been issues with respect to siting the meters and the kiosks in the areas recommended by Tighe & Bond.  There are no sidewalks.  They can provide a physical barrier.  Some areas are adjacent to marshes and wetlands on the west side of the road.  There is encroachment in the right of way.  The consultant had come up with the idea of a pad and removable bollards in the shoulder. 

            The consultant had a conversation with the DOT engineer regarding that.  The matter of whether the town could collect money from meters on a State road was referred by the DOT engineer to the State Attorney General.  He responded in the fairly quickly indicating that this could be done, however the permission of the DOT Commissioner was needed.  That position has been in flux as the prior Commissioner had resigned.  They are in the process of appointing a new commissioner.  There is a letter from the Assistant DOT Commissioner stating that they are willing to work with the Town in the process.  They would like to see a more detailed plan and proposal.  The Town should also meet with the regional DOT engineer to flesh out the design and the locations of the meters/kiosks.

            This means that there will probably not be anything for the upcoming budget, Mr. Magnant said unless the Town wants to tell the consultant to go full speed ahead to come up with revenue projections and work with the State based on that.  The funds are already there, he said.

            Selectman Musselman stated that they have no alternative but to go ahead and do cost and revenue projections.  Those are needed to determine whether this makes any sense for the Town to pursue.  The layout is needed so that it can be run by the State.  The State’s request is not unreasonable, he said.

            Selectman Musselman said that his report could be reviewed in December, with a warrant article in January to either fund further study and working with the state or a warrant article to fund construction.  It sounds like the latter is not likely to be the case.  Otherwise, we’re struck, he said.

            Selectman Jenness expressed concern about the labor required to remove and install the kiosks and bollards twice a year.  The State would also require maintenance of the shoulders where these would be located.

            Selectman Musselman asked whether these were paved or gravel.  Public Works Director Dennis McCarthy stated that it is a mix.  He stated that maintenance would entail pothole treatment and dealing with the growth.  That and the people to do installation/removal would be part of the cost/benefit analysis. 

            Selectman Musselman said that if the State prevents them from installing kiosks in certain locations the spread might narrow. 

            Selectman Jenness asked whether the kiosks would go all of the way to the harbor.  This was confirmed.  She asked how many days those would have been used the prior summer.  There was then discussion about how many days the parking extended to the harbor.  Chief Walsh stated that this usually occurred on Sundays.  This year it was the end of June, July and August and part of September.  Other years there might be more hot days in June.

            Chief Walsh expressed concern that the State would take over the kiosks after two years.  He suggested a contract with the State.  Selectman Musselman agreed. 

            Selectman Musselman expressed concern with the additional distance required for people walking with the kiosks every 15 cars.  People would have to walk 8 car lengths to the kiosk, and then back to put the “thing” on their car and get their gear and then walk back.  They are going to double the pedestrian traffic, he asserted.  It’s awful now, he said.  Mr. Maganant stated that it may not be 15.  It could be 25, he said.  He questioned the safety.

            Editor’s note:  The assertion that pedestrian traffic would be doubled is flawed.  If the kiosks are located every 15 cars, the maximum distance that a person parking would need to walk would be 8 car lengths, and the average about 4 car lengths, or about 80 feet (160 ft. to get there and return).  Furthermore, only one person from the car would need to get out to obtain the receipt from the kiosk.  If one assumes that, on average, cars park 1000 ft. from the beach and that the average car has two occupants, each visiting car, on average, results in 4000 ft. walked along the roadway (for the two occupants to get to the beach and back), with 160 ft. added for one person to walk to the kiosk and back, an increase of 4 percent. 

            Selectman Mills suggested that someone could set up a business to use scooters to run up and back paying for parking.

            Chief Walsh asked about the impact on Central Rd., Washington Rd. and Wallis Rd. and whether those would need to be no parking.  It was agreed that that would probably need to be the case. 

            Selectman Jenness asked whether parking would be allowed on both sides.  Selectman Musselman pointed out that beach access would be inhibited if parking were only allowed on one side. 

            The issue then arose as to whether data had been collected on the license plates of the beach visitors.  Mr. Magnant stated that they had the data, although the Beach Committee had not fulfilled their assignment to collect this data.  Selectman Musselman said that New Hampshire is first, Massachusetts second, and there are a handful of Canadians.  The rumor last year that it was mostly Canadians is untrue, he said.  They have some big gear, he acknowledged. 

            There was then discussion about what the Beach Committee had been doing. 

 

319 Parsons Creek loan program (153:09 elapsed)

 

            Mr. Magnant asked the Selectmen what they wanted to do on this issue.  Editor’s note:  This would involve the Town borrowing approximately $80,000 (of which 20 percent would be forgiven) to engage a consultant to look at community septic systems to address problems in the Parsons Creek Watershed. 

            Selectman Musselman asked whether they would know at the end of the process which homes are contributing to the bacterial contamination and which are not, and whether they would be able to force individual homes to install the proposed systems.  If the answer to either question is no, he does not believe that the $80,000 will lead to solving the problem.  He does not believe that it will, he said.

            Selectman Jenness stated that it did not sound as though the replacement of a system could be forced unless the system had completely failed.  In sand there would not be such a failure, she asserted.  Selectman Musselman agreed, saying that the waste would trickle laterally.  The other alternative is to put in a public sewer, Selectman Musselman said.  He said that he had counted 113 homes from Highland Park Ave. to Marsh Ln. (sic).  Editor’s note:  The reference should apparently have been to Marsh Rd.  They could not afford that without the town paying ¾ of the debt service.  The cost would be about $5 million, he estimated.   

            Selectman Mills said that they had been down that road before. 

            Selectman Musselman stated that, last time, there was a pipe that the Town was responsible for.  That is not the case this time, he said.  Editor’s note:  This is an apparent reference to the sewer system put in place in the Rye Beach/Jenness Beach area approximately 20 years earlier.  A pipe had been found discharging raw sewage into the ocean.  Selectman Musselman stated that those users cannot afford $5 million, which he acknowledged is a back of the envelope calculation.

            Selectman Mills stated that the chances are that some would fix on their own.  Selectman Musselman stated that some are on holding tanks. 

            Selectman Jenness stated that this would involve education of individual of the homeowners.

            Selectman Musselman stated the homes along Wallis Sands between the State Beach and a little bit north of “Stinky Creek” are not the problem creating contamination at low tide so it is not 113 homes.  Editor’s note:  “Stinky Creek is an apparent reference to Parsons Creek.  There are two clusters of problem homes.  One is down near Concord Pt. on both sides of Stinky Creek, down to Highland Park.  There is another cluster of houses adjacent to the pond on Marsh Ln. (sic), he said.

            Selectman Musselman said that the third alternative would be to have two very small piping systems that would take 20 houses in the south and 10 in the north and buy land inland where there could be a community leach field.  Those individuals would have to pay for that.  The ability legally to force people to tie into a public sewer would need to be used.  However, that only works if they have a failed system. 

            Selectman Musselman stated that thus far grant money and a little Town money had been used, which is the right thing to do.  He asked Mr. McCarthy for his input.

            Mr. McCarthy stated it is ambiguous what is going on and where.  He hoped that the next six tests would provide additional information.

            Selectman Musselman expressed surprise that there were high contamination levels where there are no houses downstream from Marsh Rd. pond.  He also referred to the buffalo north of Geremia. 

            Selectman Jenness stated that they would have to focus on fixing individual systems.  Selectman Musselman stated that he was not sure that the posting of signs at Stinky Creek would not be required for a long time no matter how hard they try.  While people can be shown $30,000 systems for substandard lots, but if they cannot be forced to use them, there is a problem, he said.

            Mr. Magnant stated that they would wait for the next round of testing which should be done by the end of the month and then have people back in. 

 

Duck pond (164:57 elapsed)

 

            Selectman Mills asked about the status on the duck pond.  Editor’s note:  See the notes of the last few meetings.  This is an apparent reference to the pond at the Breakers Condominiums which has a lot of algae growing in it. 

            Mr. Magnant stated that he had had a meeting with the condominium management company and homeowners.  Health Officer Gail Snow, Building Inspector Peter Rowell and Sally Soule of DES were there.   Rob Livingston of DES was conferenced in by telephone.  DES has tested for E.coli.  The tests have come back over the limits.  Rob does not feel that the results are unusual for a pond having resident waterfowl.  The pond is getting algae due to a perfect storm of dry conditions, E.coli from animals, runoff from Town and State drainage that go into the pond.  The pond is stagnant as well.  The condo association has stated that they have always had problems with algae.  This year is the worst.  The past 5-6 years they have tried aeration and chemicals with mixed results.  The condo owners want to be good neighbors and don’t want to look at the pond themselves.  There will be further looking at aeration and chemicals and the possibility of annual pumpouts is being looked into. 

            Selectman Jenness asked whether the pond could be dredged to start new.  Mr. Magnant said that that had not been discussed but there is the possibility of turning it into a marsh or filling it in.  The latter is out of the question according to DES, he said. 

            Mr. Magnant stated that he had asked Dr. Snow whether the pond could be declared a health hazard.  He said that she felt that, given that the pond is private and fenced, she could not do so.

            Selectman Musselman suggested turning it into a wetland.  That would require filling it in within so many inches of the surface.  Right now it is too deep for marsh vegetation.  He agreed that it would eventually turn into a forest, which would always be wet.

 

Apartment at 1415 Ocean Blvd.  (171:07 elapsed)

 

            Selectman Mills asked whether this issue had been straightened out.  Mr. Magnant stated that he believes so.  Selectman Mills stated that it had been a bed and breakfast.  Mr. Magnant agreed.

 

Turkey trot (171:44 elapsed)

 

            Police Chief Walsh passed out a document and referred to a Turkey Trot event.  There was discussion regarding who had won the prior year’s event.  Mr. Magnant acknowledged that he had, however there were only six other participants.  It was brutally cold, snowy and wet, so turnout was low, he said.

            The motion to approve as requested carried unanimously.

 

Fire academy awards (173:10 elapsed)

 

            Interim Fire Chief Tom Lambert reported that retired Chief Skip Sullivan had been recognized for his achievements. 

 

Adjournment (174:02 elapsed)

 

            Whereupon the meeting adjourned at approximately 8:36 p.m.