NOTES OF JULY 25, 2016 RYE BOARD OF SELECTMEN MEETING
Final Revision B – Provided by the Rye Civic League
Present (clockwise around table): Town Administrator Michael Magnant, Selectmen Musselman and Jenness. Not present: Selectman 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.
Persons present from the public included: Steven Borne, Lori Carbajal, Frances Erlebacher, Larry Rocha.
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 6:35:42 p.m. (0:00 elapsed). The audio is off until 6:36:41 (0:59 elapsed).
Summary
3. Tom McCormick has resigned from the Planning Board.
Announcements and Public Comment (2:14 elapsed)
Selectman Jenness congratulated
the Rye town employees for their work related to the Seacoast Family Food
Pantry, for which 4462 pounds of food was gathered. Mr. Magnant noted that this was the second
largest donation received in their history.
Selectman Musselman
stated that the procedure for Selectmen’s meeting had been changed and has been
working well to date. He stated that
there is an agenda item on “Beach Related Issues to Date,” and that comment on
that need not be constrained to the Public Comment period as this is a matter
which affects the public generally so could be addressed when that agenda item
was discussed. He then called for public
comment. There were none.
Consent Agenda (3:48 elapsed)
Selectman Musselman
noted the six Consent Agenda items, which included a letter from Elli Cyr
recognizing the cleanliness and organization of the Recycling Center, a letter
from Tim Noonis complimenting the Town’s emergency response services, a Parsons
Field Application for the Annual Rye Lions Car Show, Sunday, September 18, an
Event Permit Applications for America by Bicycle, Tuesday, July 26 and August
8, and a sign request for Parsons Field by the Great Bay Stewards announcing
the Great Bay 5K. The motion of
Selectman Jenness to approve the entire Consent Agenda carried unanimously.
Minutes (5:06 elapsed)
The minutes of the non-public session of
July 11, 2016 were unanimously approved without changes.
Beach-related issues (5:23 elapsed)
Selectman Musselman
stated that this had been added by request.
He asked for comment from Town staff.
Police Chief Kevin
Walsh reported that he had submitted a memorandum reporting on July 12 (sic)
through July 5. There are parking
ticket, open container and calls for service statistics and information
regarding dog issues and congestion, he said.
He noted that the last three weeks in June is really the start of
summer. There was an inundation of
people and it was looking like a busy summer.
Now that July has come, despite the great weather, there are a lot of
people on the beaches, but it is not consistently heavy. It is spread out. Drinking on the beach continues to be a
priority for the Police Department. There
are a number of things being done for proactive education. A lot of repeat tickets are being written for
the same people on open container issues.
There was mention about an increased fine for a second offense.
Selectman Musselman
asked whether the open container offender information could be searched for on
the website. Chief Walsh confirmed, and
stated that the information in the logs is all searchable.
Chief Walsh stated that
he has noted an increase in bicycles and runners along the upper part of Wallis
Rd. due to the improvements providing a lane for these people. There are a lot of bicycles on Ocean Blvd. He referred to the cars parked on both sides
of the road and pedestrians. It is a
risk that the bicyclists are choosing to take.
There are alternative paths but they are choosing not to use them.
Selectman Musselman
asked whether there was general awareness of the danger of opening car doors,
or whether signs were needed.
Chief Walsh referred to
an accident on Pioneer Rd. A cyclist hit
a pothole, went airborne and collided with a granite mailbox post. He stated that he believes that the cyclists
are aware of the risks.
Selectman Musselman
stated that Ocean Blvd. should someday be widened. Selectman Jenness stated that it had been
laid out at 100 feet wide.
Chief Walsh referred to
a lot more skateboard activity. He noted
one individual had been stopped skateboarding with a baby carriage, with a baby
inside. He has seen skateboarding while
texting with the person’s head down. It
is being used as a form of transportation.
Skateboarders are being made aware of the Town ordinance, although the
Police Department has not started ticketing.
(13:23 elapsed)
Interim Fire Chief Tom
Lambert stated that it had been a relatively good summer. There have only been minimal issues with the
lifeguards. Only major events involving
a rescue or the calling of an ambulance are formally reported, he said. There have been two such issues this
year. One involved a medical issue and
the other trauma where the State lifeguards at Wallis Sands were assisted after
someone washed up into the rocks. Other
than that it has been quiet, with no complaints from the lifeguards or of the
lifeguards. This year, there is funding
for additional people on the weekends which has helped. The new portable chairs are working well and
meeting their purpose. There have not
been any problems with the surfers drifting into the swim zones. There have been issues with stand-up
paddleboards, but those have been beyond the Town’s jurisdiction. The Coast Guard has been called in a couple
of times to rescue people. There have not
been any complaints relating to fireworks, he said. Selectman Musselman said that he had heard a
lot of fireworks, but Selectman Jenness stated that she had heard only a couple
of pops.
Selectman Musselman asked whether the new
officers were working weekends so that Chief Walsh does not need to provide
coverage as in the past. Chief Walsh
confirmed, saying that some officers are choosing to work their day off, while
others are coming in early or staying late.
Sargeant Blais is scheduling.
Chief Walsh stated that he has selected Sunday as his day to go out for
a couple of hours.
Selectman Jenness asked
whether there was enough room for swimmers at Sawyers. Interim Chief Lambert stated that there was
plenty of room for swimmers based on the expanse of beach. Selectman Jenness asked about the size of the
groups of surfers. Interim Chief Lambert
stated that they generally stay on the north side of Sawyers Beach, towards the
Brown cottages. Classes are limited to
30, but there can be more than one class.
Chief Walsh referred to
a problem with a class of 30 when the tide is high with people walking the
beach. Agreement was reached such that
those groups will be broken up near high tide.
He confirmed that the total was limited to 30, not two or three groups
of 30. Selectman Jenness asked about
private surfers in addition. Chief Walsh
stated that the private lessons are possible only when the class is not full. That frees up instructors that would
otherwise be required for the class due to the required student/instructor
ratio.
Town Administrator
Magnant noted the success in filling lifeguard positions this year, because the
bushes had been beaten for candidates.
Selectman Musselman asked about departures after the third week of
August. Interim Chief Lambert confirmed
that they will be “pretty thin” after August 19. The college kids are all headed back to
school, but the local public schools start the week after that.
Selectman Musselman
asked whether the former Fire Chief could fill a shift. Interim Chief Lambert stated that he could be
asked. He did receive a bathing suit at
his farewell party, he said. Editor’s note: These comments appear to have been in jest.
Public Works Director
Dennis McCarthy stated that the Chief had done a good job filling
positions. Hampton and Wallis Sands are
both hurting badly, he said.
(21:08 elapsed)
Larry Rocha confirmed
that the summer had been relatively calm, with less congestion than in the
past, especially in July. There has been
good diligence addressing illegal parking.
Loading and unloading, especially at Sawyers, has been discussed at
their meetings. Editor’s note: Mr. Rocha is
Chairman of the Beach Committee. There
should not be loading or unloading without a beach sticker, he said. Although not as much of an issue this year,
due to lower congestion, in the past those with stickers have found parking
spaces to be unavailable due to use of the spaces by those without
stickers. That is not fair. What the Fire and Police Departments have been
doing is helpful. Living on Perkins, he
noted a lot of skateboards coming down the road. A few have almost been hit. They are going back and forth, doing tricks,
he said.
Mr. Rocha stated that
the placement of flags, especially at Sawyers, is still an issue. He does not buy that riptides are a reason
for the placement. The stand should be
in the middle, not at the end. He was
informed that the lifeguards were told to watch the surfers, but the surf camp
is responsible for the surfers, he argued.
The moving of the stands at low tide is inconsistent. Lifeguards are going down to the water, then
returning to the stands without looking back at the water at all. A lot of people who drown do not flail, but
simply get tired and just sink. Mr. Rocha
suggested an increase in the number of rescue boards so that there can be one
per lifeguard stand. Every second wasted
by not following a set protocol could be dangerous. The Committee has asked to observe the
training, but has not yet been able to do so.
The surf camp does
split up at times, with one group at one end and the other by the beach club.
(29:18 elapsed)
Lori Carbajal, Beach Committee, stated that
adult surfers are reluctant to go to Sawyers due to possible interference with
the surf camps. The swim zone (or no
surfing zone) is only 30 yards wide, which gives the impression that the rest
is reserved for surfing. She agreed with
Mr. Rocha regarding the placement of the lifeguard chairs. By September the water warms up and the waves
are bigger so there is more likely to be interference between surfers and
swimmers, she said.
Steven Borne stated
that it is good to see the lifeguards at Wallis Rd. Extension looking
professional and serious. The portable
chairs were a very good idea. They are
being pulled down the beach at low tide.
There is less trash being left on the beach this year. The parking lot at Wallis Sands State Beach
is not packed. People are walking a mile
and a half to go to Cable Rd. Extension.
They are parked on both sides of the road and dragging their stuff while
the lot at Wallis Sands is half full, he said.
Selectman Musselman said that people are parking for free as they do not
want to pay.
Interim Chief Lambert
stated that the flag placement has been an ongoing issue. He and Jake McGlashing have met with the
lifeguards on this issue to establish something that they are comfortable
with. Next year there is hope to have an
additional chair there. Editor’s note: He is apparently referring to Sawyers Beach,
which often has only one lifeguard on duty.
There was discussion about whether the swim zone was too
narrow. Interim Chief Lambert denied
that that was the case. There was discussion about whether, given
the width of the swim zone, the placement of the chair would prevent swimmers
from being seen. Interim Chief Lambert
asserted that there are two lifeguards on duty 60 percent of the time. They are hoping to add a sixth chair, he
said. Editor’s note: It appears that
there are two chairs at Wallis Rd. Extension, two chairs at Cable Rd. Extension and one chair at Sawyers. There are also State lifeguards on duty at
Wallis Sands State Beach and Jenness State Beach.
Selectman Musselman referred to recurring
discussions about loading and unloading at Sawyers Beach. Dropping the participants off at Summer
Sessions has been asserted not to be feasible due to the need to cross Ocean
Blvd. He asked Chief Walsh whether
extended parking at Sawyers is common.
Chief Walsh confirmed,
saying that there is system with a parent stationed as a lookout on the shale
pile. The staff has been coming down
Central Rd. to come in from behind. The
parking staff has been doing an outstanding job of changing their patterns of
patrol. They know when the lessons start
and know to come back to pick up late comers.
Selectman Musselman
asked what the parents who drop of participants do while the camp is ongoing
for an hour and a half. Chief Walsh
agreed that they generally go do something else during that time. Selectman Musselman asked what the problem
was. He asked whether there had been
complaints from residents about the lack of parking. Chief Walsh stated that there had not been
and that the only times that he had seen congestion were the prior Sunday and
the last two Sundays in June. Selectman
asked whether there were surf camps on those days. Chief Walsh confirmed that there were none on
those days. Chief Walsh confirmed that
there was no question that Sundays were the busiest beach days, if the weather
is good. That would be the day that, if
the permitted area is going to be full, it would be full. During the week, these spaces are typically
wide open. Town Administrator suggested
that Summer Sessions be asked next year to come up with a plan for
parking. Selectman Musselman said
dropping off at the Summer Sessions store would make the problem worse.
Chief Walsh stated that
the practice of dropping off kids in the permitted area is acceptable, just
like at Wallis Rd. Extension and Cable Rd. Extension.
(42:00 elapsed)
Selectman Jenness said
that Sawyers is a Town Beach that was paid for by town people and it needs to
be ensured that they have the first access.
There is a small piece of the coast that was purchased, and it was purchased
as a swimming beach. Summer Sessions has
requested the greatest amount of usage of any applicant. We will need to be careful next spring not to
expand that at the expense of other applicants or swimmers, she said.
Chief Walsh confirmed
that the parking staff has been targeting the start of the camps. Selectman Musselman said that they should
be. The staff can put together
information on when it is likely to be packed, Chief Walsh said. He said that he would try to include that in
his end of summer report.
Lori Carbajal referred
to problems with extended parking for unloading at Cable Rd. beach when all of
the parking spaces are taken. She
suggested a load/unload area away from 1A that would not create gridlock. Selectman Musselman questioned whether there
would be a place for that.
Chief Walsh reported
that he had towed three cars off of the Rye Sewer Department’s property. Selectman Jenness expressed support. Chief Walsh stated that he had checked with Lee
Arthur who had requested the tow. The
people whose cars were towed were very upset that it was not marked private
property, tow zone. He said that he did
not understand why the Town should pay for a sign when they were parking on
grass. The comments that some people are
making to the parking staff are unacceptable.
Those people are rude and disrespectful.
Selectman Musselman
said that the matter will be revisited after the Beach Committee’s report and
the Police and Fire Department reports.
Steven Borne spoke
about a couple from North Hampton who had discussed a drop off area. That would be ideal from the parent’s point
of view, although he understands that it involves a business.
Lori Carbajal stated
that Cinnamon Rainbows uses a drop off area south of Jenness Beach. She also referred to a beach permit which had
been granted earlier when a suggestion was made that, prior to a busy weekend
like the Fourth of July, camps occur on only four days. The time on Friday could easily have been
consolidated into the other days, she asserted, by starting 15 minutes earlier
and ending 15 minutes later. Editor’s note: See the notes of the April 25, 2016 meeting,
during which Summer Sessions was granted a permit.
Selectman Musselman
asked how the Fourth of July had gone.
Chief Walsh asserted that it had been quiet.
Removal of brush along wall near Congregational Church (50:53 elapsed)
Public Works Director
Dennis McCarthy referred to clearing of the brush in this location and the lack
of grass growth near there due to the drought.
Two of the part-time workers have severe cases of poison ivy, creating
uncertainty as to when this will occur, he said.
Rubbish Hauling and Transportation bid
(51:53 elapsed)
Public Works Director
Dennis McCarthy stated that, after five years, this had been rebid. Proposals from five contractors were
received. All were fairly close in
price. Approximately 350 hauls annually
are done out of the Transfer Center.
Some days two or three are done.
Shipyard Waste was the low bidder at $150 per haul. The incumbent, Triano was at $163. They are excellent. JGM Trucking at $176 was third. Editor’s
note: As recently as 2012, JGM Trucking,
LLC held the contract with the Town for beach rubbish collection. The RCL has obtained a copy of an April 23,
2012 proposal from JGM that was signed by Joseph G. Mills III, President. The RCL understands that this is Selectman
Mills’ son. JGM is a local
contractor at a very competitive price, Mr. McCarthy said. Waste Management was at $273 and William
Renard was at $290. Mr. McCarthy stated
that they did not want to lose Triano, however, Shipyard was interviewed. They are out of Eliot, ME. They want to move into the municipal field. They had a snafu in Ogunquit five years ago
where they could not do the job and the contract had to be rebid. Triano’s bid price is the same as the current
one and the one that has been charged for five years. The Shipyard bid is fixed for three years,
with the ability to negotiate for an additional two years.
There was no need for a
vote as the low bid was being accepted.
Tom McCormick resignation from Planning
Board (55:16 elapsed)
Selectman Musselman
read the short letter, referring to his resignation, effective July 11,
2016. Selectman Jenness stated that he
had come back onto the Planning Board. He is having health issues, she said. The motion to accept his resignation with
regret carried unanimously.
Selectman Musselman
stated that this was an elected position, however his position on the
Rockingham Planning Commission was appointed, he said. Selectman Jenness stated that “we” had not
discussed that. Editor’s note: Selectman Jenness
is the Selectmen’s representative to the Planning Board, and was apparently
referring to them as “we.” There was
discussion about whether the Planning Board or the Board of Selectmen would be
responsible for the RPC appointment.
Selectman Musselman agreed to leave this to the Planning Board.
Parsonage Committee letter (57:33 elapsed)
Town Administrator
Magnant stated that a letter had been received from this Committee, reporting
progress to date and inviting the Selectmen to their August 1 meeting. Someone from Plan New Hampshire would be
coming and a Charrette would be discussed, he said. Conflicts with other meetings were discussed
by the Selectmen, but Mr. Magnant stated that the Parsonage Committee meeting
would be earlier. Selectman Musselman
said that he would try to attend.
Selectman Jenness stated that she would check her schedule.
Conflict with Selectman Musselman’s firm relating to
North Hampton (58:28 elapsed)
Selectman Musselman
referred to ongoing discussions with North Hampton relating to possible fire
and other service consolidation. He
announced that North Hampton had, in early July, retained CMA Engineers (his
firm) and him, to do a project relating to Philbrick’s Pond Marsh just south of
the Rye line, to try to improve the drainage situation there. The Board of Selectmen would be dealing with
the North Hampton Selectmen on the services issue. He stated that he does not see that as a
conflict of interest. It is two
completely separate things. Nothing will
happen until early 2017, and then only if North Hampton receives a grant. This had been discussed in North Hampton, but
not heretofore in Rye.
Decision on SKRJ Realty Trust unmerger request, Big
Rock Rd. (60:23 elapsed)
Selectman Musselman
said that they had a Notice of Decision in this case. He asked Selectman Jenness to read it. It referred to the denial of the unmerger at
the July 11 meeting. The merger request
of Stephen C. Brown, Trustee to unmerge the nine lots which make up tax map
8.1, lot 45 is denied, the decision said.
It states that on March 16, 2001 the DeGlorias acquired the lots at
issue and the lots which are tax map 5.2, lots 79 and 80. At the time, the lots were shown as eleven
separate lots on Town tax maps. Each lot
was taxed as unbuildable. On June 11,
2001, Rosario DeGloria applied for a variance to construct one single family
home, approximately 2400 sq. ft., on the eleven lots, which will be one lot. The application also states that there is no
other reasonable use for this land. The
proposal showed the lot lines to be eliminated.
The DeGlorias, some time thereafter, also applied for a special
exception for a driveway serving the house, within the wetlands buffer. In 2001, Rosario DeGloria cut trees on the
lot in order to accommodate the construction of a house. In 2001, Rosario DeGloria retained Millet,
Sprague, Colwell to prepare a drainage plan for the construction of one house
on the land. Even though the variance
and special exception applications were denied, these were overt actions or
conduct which indicate that the prior owners regarded the lots as merged. The denial of this application does not affect
the status of tax map 5.2, lots 79 and 80, which are shown as separate lots on
the current town maps. Editor’s note: While the DeGlorias did take these actions,
the applications also clearly indicate that they are to be merged only if the
variance is granted.
Selectman Jenness moved
to adopt this decision. Selectman
Musselman seconded. Both were in favor.
Adjournment
Whereupon the meeting
adjourned at approximately 7:39 p.m.
Selectman Musselman stated that this was the shortest Board of Selectmen
meeting in his memory, and that he believes that it was because Selectman Mills
is on vacation and did not talk. The
motion to adjourn carried unanimously.