NOTES OF APRIL 11, 2016 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 6:45:47 p.m. (0:00 elapsed). The
audio is off until 6:46:32 (0:45 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, Police Chief Kevin Walsh, Interim Fire Chief Tom Lambert (arrived late).
Persons present from the public included: Victor Azzi, Keper Connell, Lori Carbajal, Randy Crapo, Peter Crawford, Mike Garvan, Steve Hillman (arrived late), Jane Holway, Sally King, Phil Winslow.
Summary
Sealing of non-public minutes
The minutes of the non-public session just completed were unanimously sealed.
Announcements (1:50 elapsed)
There were no announcements. Selectman Mills stated that the format of the meeting was changing to provide an opportunity, at the beginning of the meeting, for persons to have up to five minutes to speak.
Seacoast Velokids, use of Town
Forest for bicycling (2:34 elapsed)
Mike Garvan, Rye Conservation Commission, expressed concern about item B on the Consent Agenda. He stated that he had met with the group. He expressed concern about violation of the terms of the conservation easement for the Town Forest if the activity is allowed. The proposed activity appears to be an organized recreational activity. They are in process of checking with the easement holder, the Rockingham County Conservation District, to see if this is allowed.
Peter Crawford asked for clarification, as item B on the agenda refers to the use of Parsons Field for parking. Selectman Musselman explained that the agenda item is incomplete, as there is the other aspect of use of the Town Forest.
John O’Hare provided additional information, and stated that the proposed program would begin in three weeks.
Selectman Musselman stated that he is not sure that the Town Forest is suitable for organized activities.
Peter Mead, Vice President of Seacoast Velokids, stated that they have been operating in Portsmouth for four years and want to expand into Rye.
Selectman Jenness expressed concern that even the proposed twelve children at a time would set a precedent. She spoke about the potential damage from mountain bikes easily exceeding the $50 fee.
Mr. Mead denied that mountain bikes would do much damage if the ground were dry. If the ground is wet, they would not go into the Town Forest.
Sally King, Chairman of the Conservation Commission, spoke about the importance of preserving town resources for everyone.
Keper Connell stated that this is the same type of issue that has developed with regard to management of the beaches. This may foreshadow what may be coming. He is with a family that has given land for conservation. It is up to the Board of Selectmen to look at these issues with more scrutiny.
Selectman Musselman stated that, given these concerns, a different location should perhaps be looked at.
Police Chief Kevin Walsh raised questions about whether an event permit application had been filed and the availability of insurance. Selectman Jenness stated that they have received a Parsons Field application, but she did not believe that there had been an event application.
Selectman Mills asked whether a location near the Rye Airfield could be used.
Selectman Jenness suggested that they look at the field at Rye Junior High School. She said that it sounded like something good could come out of the program. Selectman Musselman said that it was an issue of finding the right place.
Mark LaPalma of Portsmouth asked about trails on the former Rand Lumber property. Sally King stated that the Conservation Commission does not yet own the land.
Randy Crapo said that there should be a map or list of permitted uses of conservation land. This seems to be a secret. Selectman Jenness spoke about the Conservation Commission being comprised of volunteers. Mr. Crapo referred to the $3 million bond issue and nobody knowing where the land is. Selectman Musselman stated that the matter is in process. There has not been a lot of progress, but there has been some. Money was moved within the budget to trail management, he said.
The motion to table the application from Seacoast Velokids carried unanimously.
Cycle the Seacoast event permit (49:25 elapsed)
Police Chief Kevin Walsh stated that everything was in order. There are two routes, one 25 miles and the other 50 miles. All were in favor of approving.
Minutes (50:20 elapsed)
The minutes of the March 28, 2016 meeting were unanimously approved with changes. The minutes of the non-public sessions on March 28, 2016 and March 30, 2016, and of the public session on March 30, 2016 were unanimously approved without changes.
Coastal Risk and Hazards
Commission presentation by Phil Winslow (52:16 elapsed)
Mr. Winslow stated that there are 17 towns, including those in the Great Bay watershed, that are included in the program. The group first convened in 2014.
Projections for sea level rise range from .5 to 2 feet by 2050, and 1.6 to 6.6 feet by 2100. Plans should be made to respond incrementally. Roads need not be raised by four feet now, but culverts could be made one size larger when replaced. He raised the issue of what would happen if the DOT raises roads by 1 to 1.5 feet but Rye does not. That could occur in six, ten, or fifteen years, he said.
Fortunately, for the Town of Rye, the schools, wells and Transfer Station are all high enough.
Selectman Jenness referred to the sewer pumping station not being high enough, and also referred to the Brackett Massacre site. Randy Crapo noted problems at the Abenaqui Country Club.
Mr. Winslow referred to upcoming public meetings on May 26 and June 1 (the latter at the Seacoast Science Center). Both will be at 7:00 p.m.
Mr. Winslow stated that the Commission will sunset in December once their report is complete.
He stated that 22.9 square miles, out of 33.5, in Rye is wetlands. He spoke about four public sessions having been held, grants obtained by Planning Administrator Kim Reed, and the follow-on Tides to Storms program. The Master Plan is being updated with a new chapter. That should be complete by September. He spoke about the Rye Conservation Commission doing an excellent job, and referred specifically to the acquisition of a portion of the South Rd. property from D.D. Cook, and the 73 acre portion of the former Rand Lumber not yet being complete. As the Conservation Commission is provided with additional funding, the focus should be on water flow and sea level rise areas, he said.
Mr. Winslow also spoke again about increasing culvert sizes and raising roadways. He provided the example of the section between Ocean Blvd. and the Harbor Rd. bridge. Although that is parochial, he is sure that there are others, he said. Editor’s note: Mr. Winslow lives on Harbor Rd., on the far side of the bridge. He spoke also about the 25 percent increase in the summer population and the importance of reverse 911 calls being available to those on the beaches.
Selectman Musselman stated that there is no cell service to the northern part of Rye. Mr. Winslow stated that there should be work aimed at enhancing cell phone communications.
Selectman Musselman asked about the impact of sea level rise on the amount of developable land. Mr. Winslow responded that FEMA is working on this. There may be a new requirement to go two feet above the high tide base level in the event of rebuilding, he said.
Parsonage Apartments Long-range
Planning Committee (68:08 elapsed)
Selectman Mills announced that Phil Winslow, Patty Weathersby, Ray Jarvis, Mel Low, Bill Epperson, Charles Hoyt and Sandra Pagel had offered to serve on the Committee. He read a communication from Ms. Pagel, which states that she resides at White Birch after having sold her home on West Rd. in Rye. She serves on the board of the New Hampshire Housing Partnership. Editor’s note: White Birch, which is located near the Rye Airfield off of Route 1 in Rye, is affiliated with the Housing Partnership. At one point during 2015, the Board of Selectmen were proposing to sell the Parsonage Apartments, currently managed by the Housing Partnership, to that organization for one dollar. Ms. Pagel was present and stood up and introduced herself.
Selectman Mills stated that the persons enumerated would constitute the Committee unless the other Selectmen had someone else.
Selectman Jenness stated that she believed that the fact that Ms. Pagel served on the Board of the Housing Partnership would constitute a conflict of interest. Ms. Pagel stated that she was unsure about that, and felt that she could provide information to the Committee.
Selectman Musselman stated that the Committee would be considering moving forward with the Housing Partnership as well as other options. He stated that there would be a clear potential conflict of interest. He added that he hoped that she would volunteer to attend the meetings and provide public comment. There would be a conflict if she were a voting member, he said.
Selectman Mills stated that she could be unbiased based on looking at her face. There was laughter.
Selectman Jenness stated that the Committee would have an even number of persons and asked whether there should be a Selectman on the Committee.
Phil
Winslow noted that the charge stated that there would be five members. Selectman Jenness stated that there would be
seven if a Selectmen were added. Editor’s
note: The list read by Selectman Mills
included six names, excluding that of Ms. Pagel.
Selectman
Musselman stated that it was not necessary to refer this to Town Counsel as he
only has the state statute to look at.
That is limited to personal gain.
The conflict being looked at is not a legal, precluded one, but a member
who would have a particular interest in some alternatives as opposed to
others. Editor’s note: See N.H. Rev.
Stat. Ann. (“RSA”) 21-G:21, II, which defines a
“conflict of interest” to be “a situation, circumstance, or financial interest
which has the potential to cause a private interest to interfere with the
proper exercise of a public duty.” In
2013, Warrant Article 20 passed 745-272, and made this definition applicable to
the Town of Rye, except that “has the potential to cause” was changed to
“causes” in the warrant article.
Selectman Mills made a motion to table the application of Ms. Pagel until the Town Attorney had looked into the matter. Selectman Musselman stated that this was unnecessary as they know that he would look at the State statute. Selectman Mills asked whether there was a second. There was none. He stated that he has a “long memory.” Chuckling was heard. Selectman Mills stated that the motion had failed for lack of a second.
Selectman Jenness stated that Phil, Patty, Ray, Mel and Bill Epperson all have a lot of experience on committees. She asked whether a Selectman is needed on the Committee. Selectman Musselman said that this is an “august” group and would be fine without a Selectman. He stated that he was not sure that there was yet a Selectmen’s perspective that could be inserted by having a Selectman on the Committee. If this could grow out of a community group, so be it, he said. Selectman Jenness noted that they would come back to the Selectmen with a recommendation.
Selectman Musselman moved that Phil Winslow, Patty Weathersby, Ray Jarvis, Mel Low, Bill Epperson and Charles Hoyt be nominated. The motion carried 2-1, Selectman Mills being opposed.
Parsons Creek Watershed Restoration Committee (77:23
elapsed)
Selectman
Mills announced the volunteers as Jeff Quinn, Sam Winebaum, Lynn Pincomb, Kim
Naoti, Peter Reilly, John Riley. He referred to Mr. Borne having sat in the
back row and stated that he had been questioned about the signs at Wallis
Sands. He suggested that Mr. Borne be
placed on the Committee so that he would be authorized to hold the conferences
on the beach. Editor’s note: At previous
meetings, Mr. Borne has pointed out that since some people are not aware of the
signs or the danger, the signs may be inadequate.
Selectman Musselman stated that he was volunteering to be on the committee. He moved to appoint the six members (excluding Mr. Borne) mentioned by Selectman Mills, plus himself. All were in favor.
Beach use permit applications
(78:51 elapsed)
Police Chief Kevin Walsh noted that Summer Sessions and Portsmouth Paddle Co. were not present. The other four applicants are present and an additional application was received today from Magnolia Barrett (the yoga group from last year), who is not present. Tonight, they will be looking at Jenness Beach Pizza and Grill, Cinnamon Rainbows and Get Out There Fitness. Last year there were six permits total. With the one that just came in, there would be seven total this year, he said.
Chief Walsh
stated that he had sent a memo to the board.
He is suggesting that camps and lessons not be allowed on Memorial Day,
July Fourth, and Labor Day weekends.
Those are May 20 to 23, July 1 to 4, and September 2 to 5. Activities would resume on May 24, July 5 and
September 6, he said. Editor’s note: The periods indicated all start on Friday,
end on Monday and activities resume on Tuesday.
Selectman Musselman asked whether the permit applicants had been asked about the proposed blackout periods.
Selectman Jenness asked how beachgoers would provide input.
Randy Crapo suggested that it be placed on the next agenda so that some might be able to see it and attend.
Chief Walsh stated that the holiday weekends, when the beach is packed, should be reserved for families that live in Rye and those that visit the beaches. Rentals would still be allowed, he said.
There was confusion over which groups were not present which Chief Walsh clarified.
Chief Walsh
referred to a last minute application from Mission Portsmouth Makn LLC, which
is present. He referred to this as a
seventh application. Editor’s note: In fact, it appears that this is the eighth,
if the six listed on the agenda, plus Magnolia Barrett, are considered.
Selectman Jenness asked whether Summer Sessions is asking for more than what they had the prior year. Chief Walsh confirmed, and stated that they are all asking for more.
Selectman Musselman referred to a lock at the previous year’s level for a two year period. Chief Walsh stated that Summer Sessions was the only group that got a two year lock, but that was up in 2015. Now they have to apply like everyone else.
Chief Walsh stated that Mission of Portsmouth and Get Out There Fitness are both looking at Foss Beach, except at high tide when the request would be for Wallis Rd. Extension. Editor’s note: There is little or no sand exposed at high tide at Foss Beach. Wallis Rd. Extension is sometimes also known as Pirates’ Cove after the restaurant that used to be there. Get Out There Fitness is looking for Tuesday and Thursday, 6:00 a.m. to 7:00 a.m., and Saturday 7:00 a.m. to 8:00 a.m., Chief Walsh said. Mission of Portsmouth is looking for Monday, Wednesday and Friday, 5:30 a.m. to 6:30 a.m. There would be no music and at Foss Beach and the sand should block the voices from the homes. The groups are relatively small, 15 persons. Mission of Portsmouth has insurance, but Get Out There Fitness has insurance that expires at the end of May, Chief Walsh said.
All were in favor of approving the applications of Mission of Portsmouth and Get out There Fitness, pending insurance. It was revealed that the permit for Get Out There Fitness runs until the end of the year. Last year, their activities had lasted through Christmas Eve, said Rebecca of Get Out There Fitness.
(95:46 elapsed)
Stand Up Guys/Shack Surf Shop has asked to start a little bit earlier in mid-April, ending in October, Chief Walsh said. Last year they operated from May through October. Last year they had 30 paddleboards and 5 surfboards, according to Selectman Jenness. Chief Walsh said that they are not showing the number of boards but the participants are lower.
Joe Kelley, owner of the Shack, stated that this is the sixth year that they are doing this. They usually do large group paddle tours and will typically be going out of the public boat launches. You won’t be seeing the Shack guys taking over a section of the beach, he asserted.
Chief Walsh stated that, last year, operations were Monday through Friday, this year they want to operate Monday through Sunday, 8:00 a.m. to 7:00 p.m. The instructors have portable radios, there will be no more than six students per instructor, and launching and landing will not occur in the swim zone areas.
Larry Rocha of the Beach Committee, 39 Perkins Rd., asked about the maximum size of the tours and whether personal flotation devices are required.
Mr. Kelley stated that “fanny pack” PFDs would be provided. There is a Coast Guard requirement for these except near where the surf is breaking.
Mr. Rocha asked again about the maximum size of the groups.
Selectman Mills called on “Ms. Bobble Head.” Lori Carbajal stated that May 20 is not close to Memorial Day. Editor’s note: Ms. Carbajal is a member of the Beach Committee. Chief Walsh agreed to confirm the dates.
Randy Crapo asked whether, since this was a beach restriction, launching of 50 boards on Sagamore Creek would be covered.
Selectman Musselman referred to the limit of 35 boards. There is not authorization to launch 150 boards in Awcomin Marsh, he said.
Mr. Crapo stated that he did not see the Witch Cove rental people here. They are in Rye, he said.
Selectman Mills stated that that is not designated beach.
There was further discussion about how the rentals are limited, and how the limits work when boards are taken out of town.
Selectman
Mills said, “and you want half of the parking meter
money? Keep it up.” Editor’s
note: Mr. Crapo is a Commissioner of the
Jenness Beach Village District. In 2016,
Warrant Article 21 passed 1054-395. It
requires the Board of Selectmen to consider proceeding with the implementation
of parking meters, for an up or down vote at the March 2017 election. Mr. Crapo has apparently expressed interest
in having a portion of the revenues allocated to the Jenness Beach Village
District.
Selectman Musselman moved to approve the application based on the 35 board limit and insurance being in place. All were in favor.
(108:26 elapsed)
Chief Walsh stated that the next application was from Cinnamon Rainbows, David Cropper. Selectman Jenness referred to a missing attachment. Chief Walsh summarized the application. Participants are 1-25 with spectators ranging from zero to a few. Private lessons are 10:00, 12:00, 2:00, 4:00 and 6:00 each day from May to September. Surf camps are for age 11 and up only. Those are scheduled for weekdays May through September, excluding holidays. Children under 11 are offered private lessons to ensure safety. The only issue is that, when Ms. Barrett comes in with her application, she is looking at using the same area, i.e. to the right of Jenness State Beach.
Dave Cropper asserted that the operation last year had been smooth. He stated that he has been running the operation for 30 years. He is on board with the permitting. Last year, July 4 was on a Friday. The week was good weather. They have never done lessons on holidays. There was a problem last year on Wednesday. It was busy and partying was a problem. After talking with the Chief, the previously scheduled class for Thursday was canceled.
Private lessons, but not camps, are conducted on holidays. A family with kids may come up only on a holiday weekend. It’s not right to just rent them a board and go out on their own. A spot can be found for a small group.
Selectman Musselman asked how often Cinnamon Rainbows had moved from Hampton to Rye last summer.
Mr. Cropper said that it becomes too difficult to surf at the Wall in Hampton at high tide. That is when they come up to Jenness Beach. There are also requests from people who live up that way to have lessons up there. That occurs daily, weather and surf permitting. Lessons don’t really get started until early to mid-June. Then there are about six weeks where it is busy every day, weather permitting. In mid-August it starts to taper off. If high tide is at noon, they would do 10:00 and 12:00 at Jenness and do later lessons back in Hampton.
Selectman Musselman noted that Chief Walsh had laid out four day black out periods. He asked whether that was OK. Mr. Cropper affirmed that it was OK for surf camps, however he would not want late afternoon activities to be precluded if the beach had calmed down.
Mr. Rocha expressed concern that five private lesson groups, each with four, would effectively be the size of a surf camp.
Selectman Mills asked how long Mr. Cropper had been conducting business in Rye. Mr. Cropper said that it had been 20 plus years. Selectman Mills stated that his name had never come up. Chief Walsh stated that Mr. Cropper had been very accommodating.
Selectman Musselman stated that, in order not to jerk Cinnamon Rainbows around, per Chairman Mills’ suggestion, moved to approve the application, pending insurance. All were in favor.
(118:40 elapsed)
Jenness Beach Pizza was the next application. They are located at 2203 Ocean Blvd. It is strictly rentals, Chief Walsh said.
Selectman Musselman asked how many boards were involved. Mark Lipoma, the applicant, said that he had six paddleboards.
Selectman Musselman’s motion to approve the application, conditioned upon the insurance being in place carried unanimously.
There was discussion about a paddleboarder being knocked off of his board in Florida.
Chief Walsh stated that this was all for tonight, but there would be three additional applications at the next meeting. If those are approved there would be seven total. He asked whether any additional future applications should be brought to the Board of Selectmen or whether the cap would be seven.
Selectmen Musselman said that applicants should not be told that they cannot come before the Board of Selectmen.
Larry Rocha asked whether there wasn’t a deadline that had already passed. Selectman Jenness stated that they are way past the deadline.
Steve Hillman, stated that the rentals are a gray area. A paddleboard or surfboard could be rented from 10 different companies and brought to Rye. A rental can be taken anywhere, just like a car. You cannot regulate a rental that is not being used at a Rye beach, he asserted.
Selectman Musselman asserted that they can require insurance and the signing of a waiver so that, if the board is used in Rye, the Town is protected. They understand that the same protection is not available when boards rented elsewhere are used in Rye, he said.
Mr. Hillman asserted that there should not be a limit on the number of boards. This is slightly flimsy, he asserted.
Selectman
Mills said that Tyler should be told by Chief Walsh that he is going to pay as
he was off playing this week. Editor’s note: This is an apparent reference to Tyler
McGill, one of the co-owners of Summer Sessions.
Chief Walsh stated that the other two applicants for the next meeting are Magnolia Barrett and Wes Hamilton of Portsmouth Paddle.
Selectman Musselman asked how it was that kayaks at the bridge at Odiorne were not dealt with by the ordinance. He stated that he was not sure that that had been carved out. They arguably need a permit, he asserted.
Selectman
Jenness asked whether that was possible if the side that they use is
State. Editor’s note: The launching
area east of Seavey Creek at the Pioneer Rd. bridge is
owned by the State. The Town owns the
parcel on the west side, at which vessels may also be launched, although there
is no concrete ramp as there is on the other side.
Selectman Musselman said that he had seen them on the Town side.
There was
discussion about Witch Creek and Witch Cove and a marina. Editor’s
note: It appears that this was a
reference to a marina in Portsmouth that is located on Sagamore Creek. Sagamore Creek, Witch Creek and Seavey Creek,
tributaries listed in order from North to South, all flow ultimately into
Little Harbor and from thence into the Atlantic Ocean.
Selectman Musselman asserted that the ordinance applies if the town landing at Seavey Creek is used.
Lori Carbajal asked whether the permits did not apply to areas where there is no swimming.
Selectman Musselman referred to the liability issue.
Mr. Hillman said that there can be groups of people that are flying under the radar and will not be found.
Selectman Musselman said that they have a radar.
Randy Crapo referred to the need for a police boat.
Selectman Musselman disagreed, saying that Jenness Beach needed a police boat. There was laughter.
Crack sealing and pavement marking bid results (128:35
elapsed)
Public Works Director Dennis McCarthy recommended that both bids be awarded to the low bidders who both also did the work the prior year.
Letter from Heidi Conley regarding tree removal (129:41
elapsed)
Selectman Mills referred to a tree on Alehson St. Mr. McCarthy stated that the tree had been hit by lightning. Urban Tree Service had been out to look at it and recommended removal, he said.
Selectman Mills interrupted, stating that Urban Tree is not unbiased as they would be the ones removing the tree. He suggested that someone else look at the tree.
Ms. Conley stated that it was her tree. Prior to discovering that the tree was on town land, she had had Urban Tree look at it. Their representative stated that the tree was split down the middle and should be removed. The neighborhood is one with small children. The tree is deteriorating quickly. Branches are falling. It is close to the road. Mr. McCarthy confirmed that the tree is on town land. Barrett and Urban have both come out. She had not known that the town deals with Urban. Two have said yes. It would be wise to have a third come out. She would hate to see someone hurt.
Selectman Mills thanked her for the comment and apologized that she had had to sit there so long just to make it. Ms. Conley responded that it had been confusing because the Selectmen had gone from the back page to the front page and they had taken over the show. Editor’s note: This was an apparent reference to Seacoast Velokids and the lengthy discussion at the beginning of the meeting. Selectman Musselman stated that there should have been more time for public comment up front.
Liquor License Johnny O’s Oyster Bar
(132:22 elapsed)
Selectman Mills stated that there had a letter from the State Liquor Commission notifying the Town of the application.
Selectman Jenness asked whether they had not had a license before and whether there had been any problems. Police Chief Kevin Walsh responded that there had not been.
There was discussion about the process. Town Administrator Michael Magnant stated that it was for their information, unless they wanted to object.
Selectman Mills stated that there had been an objection to the one at Philbrick’s Store, the Rye General Store.
Selectman Jenness stated that that had been a different situation.
Mark Lipoma, owner of the Rye General Store, asked why. He asked about the parking for two restaurants at Ray’s.
Randy Crapo stated that he believed that they were being discriminated against at the Rye General Store.
Selectman Musselman stated that the issue was not on the agenda.
Mr. Crapo said that he is trying to find out what the criteria is for the granting of a liquor license when there is limited parking and exiting is onto busy Route 1. They are only open until 8:00, he said.
Selectman Musselman repeated that the issue was not on the agenda.
Selectman Mills stated that he had opened up the issue, and that he was running the meeting. He knew that Mr. Lipoma had been denied permission. What is being done to one should be done to everyone, he said.
Mr. Crapo said that they had come to listen to find out what considerations would be made in moving forward with the Johnny O’s approval.
Selectman Musselman said that they were not approving Johnny O’s. That’s a State issue, he said.
Mr. Lipoma said that it is actually a town issue.
Mr. Crapo said that just because there was a license 30 years ago doesn’t make it right. Saunders, the Pilot House and Rye on the Rocks all existed as restaurants in the past. The Dunes has a restaurant where liquor is served.
Selectman Jenness said that one would have to go back to the minutes, but she recalls that a large number of people had been opposed.
Police Chief Walsh stated that the permits come to the Police Chief and the Board of Selectmen to see if there is any objection. He had objected to the Rye General Store changing their business use. A lot has to do with congestion and deliveries. He had sent a memo to the State Liquor Commission Chairman. They had sent someone down to review what he had described. They decided not to grant the license. The configuration at Johnny O’s is different. The Rye General Store is very compact. It was not the Board who made the decision, he said.
Mr. Crapo referred to the Carriage House, which also does not have enough parking. They are open all night and the road is being crossed while it is dark.
Selectman Mills disputed that they were open all night.
Mr. Crapo corrected himself and said that they are open until the bar upstairs closes. They have perhaps only ten parking spaces and seat 70 people. Selectman Mills disputed that, saying that they have 20 spaces.
Selectman Musselman stated that it is different, as Ocean Blvd. is a zoo all day long.
Chief Walsh stated that the Liquor Commission ultimately decides. He makes the recommendation. The Board of Selectmen is not involved in the process.
There was discussion about how late the Carriage House is open.
Letter from Walkers regarding condition of 740 Washington
Rd. (141:53 elapsed)
Selectman Musselman stated that this was an age old issue. He suggested that the matter be referred to the Building Inspector to evaluate. Selectman Mills stated that he doubted there was anything he could do. Selectman Musselman stated that it is a house that is not occupied, with an outbuilding that is. There are also a dozen animals. Selectman Mills stated that a cottage out back with no septic system is being rented out.
Recycling Education Committee reappointment and charge
(143:33 elapsed)
Selectman Mills stated that the matter related to the reappointment of Joan and John Provencher, and Jozef Platt as a student member.
Public Works Director Dennis McCarthy stated that the Committee is doing a fine job. They appreciate any help they can get, especially with regard to education. They get a lot of good ideas from the Committee, he said.
Selectman Mills asked whether the tin cans were not being placed in the scrap metal pile due to the price. Mr. McCarthy confirmed, saying that he hoped it was temporary, and that the can price would increase. He confirmed that the town is getting $70 per ton for metal. The transport cost is not quite exceeding the price, he said. The only item for which the recycling revenues exceed the costs is metal. Everything else is a loser and it is getting worse and worse. One can see that by looking out at the Shoals and seeing a boat with nowhere to go. At one time that would have been filled with scrap and shipped to China.
The motion to reappoint the members carried unanimously. It was for a one year term ending April 1, 2017.
Selectman Mills then read the charge. It said that the Board wanted the Committee to continue with the successful source recycling program. It stated that the Board was not interested in expanding the program into such areas as Pay-as-you-Throw or single stream.
Selectman Mills referred to someone having cut in front of him at the Recycling Center. The person had not realized he had done so, and Selectman Mills did not realize who it was. Had he realized, they would have met, and he probably would have won, as he had his truck.
Selectman Jenness interrupted and referred to the need to add the expiration date for the Committee’s charge.
The motion to renew the charge carried unanimously.
Reappointment of Daryl Kent to Historic District Commission
(149:16 elapsed)
Mr. Kent was unanimously reappointed.
No parking areas on Perkins and
Parsons west of Ocean Blvd. (150:09 elapsed)
Selectman Musselman said that he would like the Town Administrator to research and come back with a parking ordinance amendment for consideration by the Board of Selectmen prior to June 1 to establish the above-indicated no parking zones. The intent is to install parking meters on Ocean Blvd. Once that is done, it would be inappropriate to have parking on side streets. They might as well do this now. This would be a Selectmen’s ordinance subject to voting at Town Meeting. There could be a discussion then about how parking could be allowed while still collecting revenue. The report indicated that they could not collect revenue on the side streets.
There appeared to be agreement.
Beach Committee charge (152:17 elapsed)
Selectman Mills read the proposed charge, which provides for five or fewer members, all residents. The initial term will end on March 31, 2017. Staff members may be appointed as non-voting members. The Committee will sunset with the completion of the charge. The Rye Fire Department has day-to-day responsibility for the operation of the lifeguard services. The Committee is to work with them to establish best beach practices. The Rye Police Department has responsibility for maintaining public order. The popularity of the beaches has caused conflicts. Various complaints were enumerated. The Committee is to provide advice and counsel to the Chief of Police as needed. The report to the Selectmen is due December 19, 2016.
Randy Crapo asked whether it would be appropriate to mention the handling of trash. Selectman Jenness stated that that had been in their report.
Keper Connell stated that this was their third year. He wondered whether it was apparent to the Selectmen that the Committee was relevant and effective. They keep going around and around on some of the suggestions, he said.
Selectman Mills stated that some suggestions had been taken and others had not been.
Mr. Connell mentioned the 25 percent increase in permits.
There was discussion about permit fees. Selectman Musselman said that there was not an ordinance to allow this. The next step, from a revenue perspective would be to get the meters in. Permit fees would be small compared to that, he said.
Mr. Connell stated that fees would be indicative that there is not open access.
Selectman Jenness said that the big push now will be to get the metering in place.
Lori Carbajal asked whether there would be opportunities for public input with the meters. Selectman Musselman affirmed.
Mr. Connell asked whether the money would go into the General Fund. Selectman Musselman stated that that remained to be determined.
Selectman Musselman asked Town Administrator Magnant whether he had heard from DOT. Mr. Magnant reported that he had not.
All were in favor of approving the charge.
Jenness Beach Precinct streetlights (164:43 elapsed)
Randy Crapo reported that the Jenness Beach Village District had passed the project for new street lighting. It involves 69 lights. The project would be put out to bid. There had been conversations with the Police Chief about some areas where lights could be located. As the locations where the kiosks would be are determined it might be possible to move some lights.
There was further discussion regarding use of the Trolley Barn (a.k.a. Old Police Station) for materials. Mr. Crapo said that the mold would not affect them.
There would be a couple of sample lights installed so that residents could observe them before all of the lights are installed, Mr. Crapo said.
Adjournment (167:15 elapsed)
Whereupon the meeting adjourned at approximately 9:33 p.m.