NOTES OF APRIL 25, 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
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The video starts
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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, Recreation Director Lee Arthur.
Persons present from the public included: Lori Carbajal, Peter Crawford, Mike Garvan, Steve Hillman (arrived late), Ryan McGill, Tyler McGill, Larry Rocha, Michele Sopher.
Summary
4. Alan Bucklin has resigned from the Recycling Center.
Announcements (4:48 elapsed)
Selectman Musselman made an announcement about the new meeting procedures and how they would work, including the ability of those present to comment on any matter at the beginning of the meeting.
Sealing of non-public minutes (8:09 elapsed)
The motion of Selectman Jenness to seal the minutes of the non-public session just concluded carried unanimously.
Public comment period
There were no public comments.
Consent agenda (9:00 elapsed)
Selectman Musselman moved to approve items A, D and E, having to do with an Event Permit for the Wallis Sands Half Marathon, a sign request announcing tours of the Pulpit Rock Tower on May 30 from 10:00 a.m. to 2:00 p.m., and the appointment of Karen Stewart to the Historic District Commission. Selectmen Jenness request that an additional item F, having to do with a sign for a plant sale by the Rye Driftwood Garden Club, be approved. All were in favor of approving these four items.
Seacoast Velokids permission to use
trails near Rye Airfield
There was then discussion about item B on the Consent Agenda. Town Administrator Magnant announced that representatives of the Conservation Commission had met with Seacoast Velokids and worked out an agreement to allow them to use trails near the Rye Airfield rather than the Town Forest.
Calling Interim Fire Chief Tom Lambert “Mike,” Selectman Mills asked about activity near the airfield. Correcting his name, Chief Lambert stated that most activity near there was at the skate park. Selectman Mills stated that every other week there is a broken arm or leg there.
The representative from Seacoast Velokids indicated that, unlike the activities at the skate park, their activities would be 75 percent on flat land.
Mike Garvan of the Conservation Commission stated that the land near the Rye Airfield is much flatter than the Town Forest and there are fewer rocks. They are happy to have them use the area.
Police Chief Kevin Walsh pointed out the need for proof of insurance.
The motion of Selectman Musselman to approve the Event Permit, conditioned on providing proof of insurance by May 5, carried unanimously.
Annie’s Angels Event Permit (16:09 elapsed)
Town Administrator Magnant indicated that the Conservation Commission had requested that this be pulled off of the Consent Agenda. Mike Garvan pointed out that, last year, the group had painted rocks and trees with indelible day glo paint. Hopefully that was an honest mistake, he said, as they had been asked to use washable paint. Because of this, the route is now pretty well marked and no additional markings should be necessary, he said.
Mr. Magnant pointed out that their insurance would expire at the end of the month.
The motion by Selectman Musselman to improve the Event Permit contingent upon insurance and them never again using indelible paint carried unanimously.
Letter from Linda Cavanagh thanking first responders
(19:22 elapsed)
Selectman Mills read a letter from Ms. Cavanagh thanking first responders. She had been horseback riding when a fisher cat scared her horse and she was thrown, fracturing a vertebrae. She had to be carried half a mile to a waiting ambulance. It appears that she will be OK.
Minutes (21:51 elapsed)
The minutes of the April 11 meeting were unanimously approved with changes. The minutes of the non-public session of the same day were unanimously approved without changes.
Beach permit: Summer Sessions (24:15 elapsed)
Police Chief Kevin Walsh referred to his April 19, 2016 memorandum. He stated that he had met with Tyler McGill of Summer Sessions after Mr. McGill’s return. The locations with regard to their application are the same. The dates and times are consistent with other applications in that they request starting earlier in the year and ending later. The memorandum explains the four group lessons permitted and how many persons may be in each. Otherwise the program is the same as in 2014 and 2015. Chief Walsh also referred to a yoga program requested.
In response to an inquiry from Selectman Jenness, Tyler McGill stated that the kids camps are two hours. There are two each day, from 9:30 to 11:30 and from 12:00 to 2:00.
Chief Walsh pointed out the need for an updated insurance certificate.
It was agreed that Chief Walsh’s proposal to restrict camps on four days during each of three busy weekends would need to be discussed in conjunction with this application.
Chief Walsh stated that the request of Cinnamon Rainbows to allow single lessons to occur on holiday weekends was a reasonable compromise.
Tyler McGill was opposed to preventing the kids camps from proceeding on Monday, July 4 as their programs are a week long. If the camps cannot proceed on July 4, they would need to extend into Saturday or Sunday, he argued. He stated that he did not believe that 12 more people on the beach would make or break the congestion.
Chief Walsh stated that he was asking to eliminate activities on July 4 due to public input. Last year, the increased crowding on the July 4 weekend started July 1.
Selectman Musselman asked whether they could conduct a four day camp.
Selectman Jenness expressed concern about one group dominating. Summer Sessions has added three programs, she asserted.
Tyler McGill disagreed, saying that the adult and ladies programs have always been conducted, and those are in the evenings starting at 5:00.
Selectman Jenness referred to the pick-ups and drop-offs at Sawyers Beach as being the problem.
Tyler McGill stated that he took photographs and, except for one or two days, there was ample parking.
Larry Rocha referred to the yoga program as a new one.
Tyler McGill said that these would likely be at Rye Harbor or Rye on the Rocks and was only something that was under consideration.
Larry Rocha pointed out that the camps can have 35 people, so it is not a question of 12 persons.
Lori Carbajal suggested an 8:00 a.m. start to get everyone off of the beaches earlier.
Selectman Musselman stated that he thought that Summer Sessions should go along with Chief Walsh. It is a tall order for him to maintain law and order on the beaches.
Selectman Jenness pointed out that Sawyers is a town beach. Out-of-towners are being brought there, she said.
Selectman Musselman stated that, despite a prior commitment to make sure that their advertising was removed, other towns’ recreation departments are advertising surfing camps on lifeguard-protected beaches in Rye.
Chief Walsh pointed out that, on a quality beach day, the beaches are busy by 10:00 a.m.
Tyler McGill reiterated that removing the people in the surf camps (now using Mr. Rocha’s figure of 35, rather than the figure of 12 that he had used previously) would not resolve the overcrowding. People travel to Rye’s beaches to barbecue and hang out, he asserted.
Ryan McGill pointed out that a kid may have waited all winter to have five days of surfing.
Selectman Musselman stated that he would still be getting four.
Mark Sorenson, stated that he supports the surfing guys, but Jenness Beach has become Hampton North. He supports the Police Chief in this case.
Cyndi Sorenson, Drake Ln., agreed with her husband.
Robert Vose, 79 Old Beach Rd., referred to recapturing parking spots for residents only. The Tighe & Bond study indicated that 70-100 spots could be added. The north part of Jenness Beach doesn’t flood at high tide, he asserted.
Larry Rocha stated that the Beach Committee had discussed that. It is still in process.
Mr. Vose referred to 49 free parking spots that could be recaptured for the benefit of taxpayers.
Selectman Musselman said that this was an appropriate topic for another meeting. He stated that Portsmouth, Newburyport and Barrington were all advertising surfing in Rye. Summer Sessions had promised to ensure that that would not continue, he asserted.
Tyler McGill stated that he had not found anything inappropriate.
Acting frustrated, Selectman Musselman stated that the Board of Selectmen had. It is inappropriate between municipalities for this advertising to occur, he said.
Ryan McGill pointed out that the toll data indicates record travel to the area. This is not due to Summer Sessions. The classes fill up on their own, they do not use Rec. Departments to obtain customers, he asserted.
Tyler McGill stated that Summer Sessions deals directly only with Rye Rec. With regard to the others, the parents contact Summer Sessions directly. He added that it is tough to have no infractions and each year be cut back.
Chief Walsh disagreed, saying that he was not looking to cut back anyone’s program, but just to scale back holiday weekends. He agreed that Summer Sessions is cooperative when the Town brings up issues. When he arrived in Rye, the beaches were for families, Chief Walsh said.
Tyler McGill stated that he has photos taken on July 4 of last year. In the ocean off of the Eel Pond pipe where they congregate there is plenty of room. The issue was parking.
Selectman Mills stated that a lot of the photos were staged, although by someone else.
Larry Rocha said that he has also taken photos. Summer Sessions has cooperated in limiting their use of beach space.
Magnolia Barrett, 587 Central Rd., stated that she runs yoga programs with Rye Rec. She suggested compromise, stating that it may not seem like a big deal to cut off one day. Perhaps some of the stretching time could be eliminated, she said.
Selectman Musselman moved to approve the permit with the modifications reflected in Chief Walsh’s April 19, 2016 memo, with insurance to be submitted to the Chief and with the proviso that the Chief monitor the July 1 and July 4 activity.
Steve Hillman, member of the Beach Committee, pointed out that if there are more parking restrictions, those would create problems on other roads. The problem is the capacity with the State telling people to come. The problem will not be solved by taking away a camp here and there, he said.
Mr. Sorenson disagreed, saying that the crowds could be controlled by taking away parking.
Robert Vose pointed out that only 132 spaces are available for 1900 permits sold.
Selectman Musselman stated that that is a different topic. The Tighe & Bond report stated that there are sufficient spots for residents.
Cyndi Sorenson stated that Locke and Old Beach Roads are the only roads on which parking is allowed that are within a reasonable walk of the beach.
Selectman Musselman’s motion to approve the permit carried unanimously.
Beach permit:
Portsmouth Paddle Co. (72:42 elapsed)
Chief Walsh stated that the applicant is still in Europe. He confirmed that the permit was the same as the prior year. All were in favor of granting the permit, conditioned upon renewal of the insurance.
Beach permit:
Namaste Yoga (74:10 elapsed)
Magnolia Barrett stated that their request is the same as last year, except that instead of Tuesday and Thursday they would like to do Monday and Tuesday. Usually there are eleven or fewer participants, she said.
Police Chief Kevin Walsh stated that the location is about 25 yards to the right of Jenness Beach.
There was detailed discussion about the morning and evening class schedules.
The motion to approve the permit, contingent upon renewal of the insurance and notarization of the indemnification, carried unanimously.
Seaside Landscaping awarded Recreation
Area mowing contract (78:29 elapsed)
Recreation
Director Lee Arthur reported that four responses to the RFP had been
received. She reported that the
Recreation Commission had voted 3-2 to recommend Seaside Landscaping based on
price, which is $8425. The incumbent
Outdoor Pride has done a good job. Editor’s note: Seaside Landscaping is the company of Shawn
Crapo, who serves on the Recreation Facilities Needs Assessment Committee, the
Zoning Board of Adjustment, and, until earlier this year, had served on the
Budget Committee.
Selectman Musselman moved to approve granting the contract to Seaside.
There was then discussion about a vehicle having parked in the incorrect place and having ended up in a pond at the Recreation. Ms. Arthur acknowledged that people are not parking in the lot that was added. Selectman Mills asserted that one of the people has a convertible and did not like the dust in the new lot. Police Chief Kevin Walsh stated that the Recreation Commission Chairman would get the stakeholders together. Then, a Selectmen’s Ordinance would be requested so that they can start issuing tickets to those not parked legally at the Recreation Area.
There was also discussion about whether the Town’s insurance would pay for the damaged car or the fence that it took out. Selectman Mills said that, if the insurance company has any questions, that they should be told to contact him.
The motion to award the contract to Seaside carried unanimously.
Resignation of Alan Bucklin of Recycling
Center (86:15 elapsed)
Public Works Director Dennis McCarthy reported that Mr. Bucklin had resigned on Thursday, effective this coming Saturday. He requested that he be allowed to post that job as well as that of the Highway Foreman. If Mr. Bucklin’s job is filled internally, then the other job may open up.
Selectman Musselman asked whether, if Mr. Bucklin’s job is filled externally, whether the second posting would be needed. Mr. McCarthy affirmed, but said that the job would likely be filled internally. In fact there are part-time employees who may qualify, so that both jobs would be filled internally.
Mr. McCarthy reported that Mr. Bucklin had worked for the Town for 16 years.
All were in favor of accepting the resignation.
Six wheel dump truck (89:47 elapsed)
Public Works Director Dennis McCarthy reported that the chassis and cab had already been ordered. He would like to go with HP Fairfield as a sole source for the associated equipment. The largest component is the ground speed control for $17,500. That equipment matches the speed that salt is distributed with the speed of the vehicle. Also, they would like to install a back-up camera. The truck ordered two years ago has worked out beautifully. If the contract for the associated equipment is put out to bid the new truck might end up with non-matching equipment. They will also be looking at a stainless, not mild, steel body, he said.
The motion to approve this purchase for $83,356 carried unanimously. Together with the $81,800 already being spent on the chassis, this brings the total to $165,156.
Abatements (95:21 elapsed)
The abatement requested by Elias and Kathleen McQuade for 750 Central Rd. was unanimously denied. Selectman Mills said that the property value went up rather than down. Editor’s note: He was apparently referring to the proposed assessment of $589,200, compared to the $583,800 current assessment, that appears on the agenda. This apparently indicates that the assessor determined that the actual value was higher than the assessment, so no reduction was warranted. Presumably the assessment will be raised starting the year after the challenged assessment. Selectman Jenness said that the property owner had asserted that the values of the neighboring properties were not applicable.
The abatement requested by Vincent Wenners, 90 South Rd. was unanimously granted. Selectman Jenness explained that reassessment had been sought due to a 1300 sq. ft. sewer easement.
Selectman
Mills asserted that this was the house on which they had been snookered. Selectman Musselman asserted that it was
asserted that a stone wall was needed for security,
however no wall was ever erected in the back.
However, he asserted that that had been a different property owned by an
author. Editor’s note: It is believed
that he was referring to Dan Brown.
The abatement requested by Richard Carignan, 6 Adams Park was unanimously granted. Selectman Jenness stated that the assertion was that the assessment on the trailer exceeded market value.
Town Clerk/Tax Collector transition
(101:21 elapsed)
Selectman
Musselman stated that current Town Clerk Beth Yeaton was retiring at the end of
April. He noted that these transitions
do not occur very often. He stated that,
upon the retirement of Ms. Yeaton, the Deputy Town Clerk would become the
acting Town Clerk.
Town Administrator Magnant added
that the Board of Selectmen then has 30 days to appoint a successor. Editor’s
note: N.H. Rev. Stat. Ann. (“RSA”)
41:45-c provides that the Deputy Town Clerk/Tax Collector shall be appointed by
the Town Clerk/Tax Collector with the approval of the Selectmen. RSA 669:16, I requires
that the Town Clerk/Tax Collector be elected. RSA
669:66 provides that the Selectmen shall fill vacancies in the office of the
Town Clerk/Tax collector within 30 days, with the deputy serving in the
interim.
Selectman Musselman stated that Donna Decotis would become the acting Town Clerk until the Selectmen act otherwise. He stated that the Selectmen would request of Beth Yeaton a letter of recommendation on her successor. He also stated that the Selectmen also have two suggestions. These are only suggestions because portions of these matters are under the purview of the Town Clerk, but with the approval of the Board of Selectmen, so both together need to make two decisions.
Selectman Musselman said that it would be suggested that Ms. Yeaton be retained, for 1-2 days per week, as necessary, to provide input and oversight of Town Clerk functions and assistance in the training of a new Deputy Town Clerk, and to provide a letter to the Town Clerk and the Board of Selectmen, in October 2016, providing a review of the transition and recommendations for ongoing improvements.
The second item is advisory, Selectman Musselman said, and was that “we” reconsider the Deputy Town Clerk’s job description and qualifications requirement, and that an open advertisement be posted for a full-time Deputy Town Clerk. Upon the hiring of a Deputy Town Clerk, the third position in the Town Clerk’s office would be changed back to part-time and the position would be advertised for if necessary.
Selectman Musselman stated that one effect of this would be that the Town Clerk’s office would not be on Saturdays. That was a trial last year. It was found that the office could not be open when the State Motor Vehicle office was not also open.
Selectman Musselman moved that what he stated be adopted as a motion. Selectman Jenness seconded. Both voted in favor, but Selectman Mills abstained.
E-mail from Michele Sopher regarding Jenness Beach bath
house lighting (106:59 elapsed)
Michele Sopher of the Rye Energy Committee stated that she was helping Jenness Beach with their street lighting project. They have been trying to interface with the State regarding the new bath house. The State is planning the same sort of lighting as Hampton Beach, however she has an issue with that. In Hampton Beach there is a need for brighter lights to make things stand out, but that is not necessary in Rye. Most lighting in Jenness Beach is now 3000-4000 lumens, but the plan is for lights of 9300 lumens. Also, the proposed color temperature of 6000 degrees Kelvin, which is too blue. Warmer lights of a lower color temperature should be installed, she said.
Selectman Jenness noted that the proposed parking lot changes would be coming before the Planning Board at its next meeting. She suggested that Ms. Sopher attend.
Ms. Sopher indicated that her suggestions would carry greater weight if the Board of Selectmen were behind them.
Selectman Musselman indicated that she had done good work and that she should advise the State of her views. He suggested a letter from the Town Administrator with Ms. Sopher’s memorandum attached, asking the State to look into the issues indicated.
Robert Vose e-mail regarding parking during the summer
season (116:56 elapsed)
Mr. Vose stated that, after 9:00 a.m., all of the parking spaces are taken. He suggested that the spaces be captured for the benefit of residents between Memorial Day and Labor Day.
Selectman Mills stated that he goes to Sawyers to check on the parking as he has a boss at home who needs to be delivered to the beach.
Selectman Jenness stated that this cannot be addressed piecemeal.
Mr. Vose stated that, if meters are installed, those parking will be driven into the residential areas.
A woman disputed the Tighe & Bond information relating to the adequacy of resident parking spaces, and asked whether the residents had been surveyed regarding this. She asserted that visitors are being told through an “underground railroad” about the fine only being $15.
Larry Rocha stated that the issue had been discussed at most Beach Committee meetings, at which Police Chief Kevin Walsh has been present. They have looked at more permitted spaces, he said. He spoke about parking on Perkins Rd.
Mr. Vose stated that his intent was not to ban parking for those who do not live here.
Selectman Musselman said that, if every street is resident parking, those parking would move inland.
Mr. Vose stated that the Tighe & Bond report was based on a sample of one day.
Police Chief Kevin Walsh stated that, two years ago, the Police Department had done a study of parking on Old Beach Road. Sunday is by far the busiest day. Chief Walsh also spoke about how they had gotten the traffic counter working. The speed of vehicles on Ocean Blvd. is low due to the congestion and people walking, he said.
Rockingham County Commissioners event (129:04 elapsed)
Town Administrator Magnant said that he would be attending.
Selectman Musselman stated that he had gotten an e-mail from New Castle indicating that Portsmouth is planning to give away its fire boat. The issue is the $50,000 annual operating budget. New Castle would like Portsmouth to reconsider. The Portsmouth City Manager has indicated that Portsmouth might reconsider if multiple seacoast towns would provide financial support. Input on this would be needed within two weeks. He asked for the input of the Town Administrator, Police Chief and Fire Chief.
Mr. Magnant stated that he could contact the Portsmouth City Manager. There might need to be a special meeting of the Board to consider this, he said.
Interim Fire Chief Tom Lambert stated that background work would need to be done. The fire boat has handled some services to the Isles of Shoals. Editor’s note: A portion of the Isles of Shoals is in Rye and a portion in Kittery, ME. The Oceanic Hotel on Star Island is in Rye. Chief Lambert stated that the Coast Guard has moved away from fire fighting towards a homeland security role. They do not have fire pumps any more. The nozzles have been replaced with machine guns. The fire boat has the ability to secure patients, he said.
Police Chief Kevin Walsh spoke about having to travel to the Isles of Shoals for various law enforcement duties, and having used either the Portsmouth fire boat or a Coast Guard vessel.
Selectman Musselman said that he has heard that Portsmouth is looking for a $10,000 contribution from each community.
There was discussion about whether there was an obligation of the Town of Rye to provided services on the Isles of Shoals. Chief Lambert expressed uncertainty as to whether there was a statutory requirement.
Parking meters (137:48 elapsed)
Town
Administrator Magnant stated that he had reached out to the new DOT
Commissioner but had not heard back. He
suggested that he reach out to Tighe & Bond to come up with a scope of
work. He referred to the configurations
of the shoulders, signage and parking kiosks.
Editor’s note: 2016 Petitioned Warrant Article 21, which
provides for the Town to proceed towards the implementation of parking kiosks,
with an up or down vote in March 2017, passed 1054-395. Tighe & Bond had done a study dated
January 5, 2015, indicating that parking kiosks were feasible and estimated
annual profit of $405,000 annually.
Selectman Mills stated that the agreement with the State needs to be ironclad as otherwise they would grab the parking revenues.
Selectman Musselman referred to a legal opinion that had been obtained. Mr. Magnant interrupted, saying that it had not yet been vetted.
Adjournment
Whereupon the meeting adjourned at approximately 9:16 p.m.