NOTES OF SEPTEMBER 12, 2016 RYE BOARD OF SELECTMEN MEETING
Final Revision B – Provided by the Rye Civic League
Present (clockwise around table, at start of meeting): North Hampton Town Administrator Paul Apple, North Hampton Chairman of Board of Selectmen Jim Maggiore, North Hampton Selectman Rick Stanton, Rye Selectmen Craig Musselman and Priscilla Jenness, Rye Finance Director Cyndi Gillespie, Rye Town Administrator Michael Magnant, North Hampton Selectman Larry Miller. Not present: Rye Selectman Joseph Mills.
Also present and sitting in the audience: Public Works Director Dennis McCarthy, Police Chief Kevin Walsh, Interim Fire Chief Tom Lambert, Fire Lieutenant Charles Gallant.
Persons present from the public included: Tom Aspinwall, Victor Azzi, Pat Burns, Peter Crawford, Tracy Degnan, Burt Dibble, Frances Erlebacher, Kathy Goldman, Paul Goldman, Jane Holway, Sally King, John Loftus, Donna Rider, Tim Sanborn.
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 5:00:00 p.m. (0:00 elapsed).
Summary
Introduction to discussion with North Hampton Selectmen (0:00 elapsed)
Following the pledge of
allegiance, Rye Selectman Musselman welcomed the persons present from North
Hampton. He announced that Selectman
Mills was not present. He had been in the
hospital for parts of the prior week and is getting better, he said.
The three person North
Hampton Board of Selectmen and the North Hampton Town Administrator, all of
whom were sitting at the table, introduced themselves (see the list of those
present at the top of the page).
Selectman Musselman
stated that the purpose of the meeting was to discuss the possible
consolidation of services with North Hampton.
He noted that Selectman Mills had met with one of the North Hampton
Selectmen and it was felt that a meeting with all of the Selectmen was
needed. Selectman Musselman referred to
Rye’s need to replace its ladder truck, which has a new value of $750,000. There are two ladder trucks a mile and a half
away at the Portsmouth Fire Station. He
stated that there have been discussions with Portsmouth that will probably
continue, but have been backed away from for the moment. He said that they are more than interested in
looking at ways to work together with North Hampton. The goal in discussions with Portsmouth has
been stated to provide equal or better services and save money.
Selectman Jenness added
that Rye is planning to buy a new ambulance, but the question arises as to what
to do with the old one. Selectman
Musselman added that the existing ambulance is not necessarily at the end of
its useful life and it might be possible for the second ambulance to handle a
second call that comes in when replacements for the firefighters handling the
first call have already arrived at the Rye Fire Station.
Selectman Jenness
raised the issue of perambulation, which had been done with Portsmouth, but
apparently not with North Hampton. She
stated that they had been trying for years to do a perambulation with North
Hampton. Editor’s note: N.H. Rev. Stat.
Ann. (“RSA”) requires that “[t]he lines between the towns in this state shall
be perambulated, and the marks and bounds renewed, once in every 7 years
forever, by the selectmen of the towns, or by such persons as they shall in
writing appoint for that purpose.” To
perambulate, according to Webster’s Dictionary, means to travel over or
through, especially on foot, or to make an official inspection of a boundary on
foot. A similar statute dates back at
least as far as 1759. See Laws of
Hampshire, Vol. 3 Province Period 1745-1774.
Someone from North Hampton mentioned the necessity of waders and
possible legislation to change State law to remove the perambulation
requirement. A person from North Hampton
suggested that they wait to see what the legislature does. Selectman
Jenness stated that she had perambulated the boundary with North Hampton, but
without anybody from North Hampton present.
The boundary markers had been found, but some were broken. Some were missing. There are some properties that overlap and
there have been school issues when the house is just over the boundary, she
said.
Fire Department issues discussion with North
Hampton (5:50 elapsed)
Selectman Musselman
asked what North Hampton’s interests were with regard to the Fire Department.
North Hampton Selectman
Jim Maggiore referred to North Hampton’s efforts to build a new fire
station. Editor’s note: These efforts
have failed to receive voter approval in the past few years. There are always equipment needs according to
their CIP plan. They have a need right now
for a ladder truck but don’t necessarily have a building that would accommodate
it. Any discussion would need to involve
the Fire Department. He thanked the Rye
Selectmen for welcoming those persons to the ongoing meeting. He stated that their Town Administrator, Paul
Apple, came from Kentucky, an area where consolidation is much more
common. North Hampton has a lot of
ambulance needs, but not so much for fire.
There are also needs for “95.” Editor’s note: This is an apparent reference to Interstate
95, which passes through North Hampton.
North Hampton Selectman Rick Stanton
deemphasized the focus on equipment and suggested that there might be
possibilities relating to the School Resource Officer, which does not require a
full-time officer for North Hampton. He
suggested a shared School Resource Officer, half time in each town. The other possibility would be sharing
purchasing, for example of sand for the winter, fuel oil and propane. He referred to North Hampton having gotten a
grant to study Philbrick Pond.
Selectman Musselman
stated that New Castle used to participate in Rye’s fuel oil contract and used
to come to Rye to fuel their police vehicles.
Rye Finance Director Cyndi Gillespie indicated that the Rye schools are
currently participating in the fuel oil contract.
Selectman Musselman
suggested that each Fire Department discuss their needs.
Chairman of the North
Hampton Selectmen Jim Maggiore suggested that solid waste and recycling be
discussed as well.
North Hampton Fire
Chief Michael Tully stated that their department operates with a Chief, a
Deputy Chief, four lieutenants and eight firefighters. There are three men per shift. They are hoping to build a new fire station
and to house new equipment in it. They
would be interested in sharing equipment.
That is already done on an emergency basis. There was a reference to mutual aid. The sharing should not be looked at as a
money saving idea, but rather improving service to both communities. The ladder truck would be one possibility,
but if the ladder truck was kept in Rye, the Rye Fire Department would
presumably charge for responding to fires, he said.
Rye Interim Fire Chief
Tom Lambert stated that the Rye has nine full-time personnel, including four
lieutenants and five firefighters. The
Rye Fire Station is fairly new. The
station accommodates the equipment that the department has. The CIP calls for the replacement of the
ladder truck (actually a quint) next year.
At that point it will be 30 years old.
Typical lifetimes on that type of equipment is 25-30 years because of
the use and how the equipment is used to respond to calls. There is a capital reserve. He stated that he agreed with Chief Tully
that the benefits need to be mutual.
Mutual aid is currently in place.
There are a number of addresses that cross town boundaries. There is an agreement that provides for
simultaneous response to those addresses.
Selectman Musselman
asked how many times per year a piece of equipment with a ladder is
required.
Chief Lambert estimated
that it was at least a couple of dozen times.
The ladder is used also to assist the town as well as to transport
additional manpower, he said.
Chief Tully stated that
they currently have a ladder truck. He
stated that their ladder truck was used for motor vehicle accidents to block
traffic. Rye does not do that. The numbers are therefore not comparable
between the towns, he said.
North Hampton Selectman
Rick Stanton spoke about some type of aerial device being needed to perform rescues. Selectman Jenness asked what other types of
equipment that would constitute an aerial device. Mr. Stanton referred to a “quint.” Something with a short wheelbase is needed
due to inadequate driveways, he said.
North Hampton Selectman
Jim Maggiore asked Chief Tully about the need to use a ladder truck for
horizontal reach in motor vehicle accidents.
Chief Tully stated that
many people confuse the need for height and reach, asking why a ladder truck is
needed when all of the buildings are three stories or less. He referred to properties that sit back from
driveways where the reach is needed.
Houses that have finished third stories may have people sleeping on the
third floor. They might not be able to
get out and would need the reach of a ladder truck to be rescued, he said.
Selectman Musselman
asked about their access to Route 95.
Chief Tully stated that they have had emergency access for years on
South Rd. In the past few years that
access has been extended to both north and southbound.
North Hampton Town
Administrator Paul Apple suggested that, if a decision is made to proceed, a
group be formed to look into the matter further. The two Fire Chiefs should be included, and
there should be a representative from each of the governing bodies. He suggested also that he and Mike also be
included. Editor’s note: He was apparently
referring to his counterpart, Rye Town Administrator Mike Magnant. For the
sake of argument, the line between Rye and North Hampton should be erased and
the needs considered that way, and then that should be compared with the needs
with the line back in place. Labor
should also be represented at the table, he said.
We cannot replace our
ladder right now, Mr. Apple said. It was
scheduled to be replaced in fiscal 2017, but there is no place for it. Rye has a ladder truck, so they may have some
time. The ladder truck may suggest other
issues that need to be addressed, but if the ladder truck is focused on, with a
report back, that might be a good place to start.
(26:25 elapsed)
Selectman Musselman
asked about the operating costs if the ladder truck was housed in one of the
two communities. If it is housed in Rye,
two guys would go out with the ladder truck, and two replacements would come in
and have to be paid overtime. There
would also be fuel and maintenance costs that would have to be shared
equitably. It might not be as much of a
slam dunk when these factors are considered, he said.
Selectman Musselman
asked whether response time would be an issue with the ladder coming from Rye,
including when two Rye firefighters are out on an ambulance call and their
replacements are headed to the fire station.
North Hampton Fire
Chief Tully referred to the ladder truck being a secondary piece. The primary piece would still respond in the
same time. He reiterated his earlier
comment about focusing on service and not necessarily saving money.
Rye Interim Fire Chief
Lambert argued that response time might even be faster due to the additional
people coming to the station on a call back.
Editor’s note: This refers to the practice of additional
firefighters being called to the station whenever the firefighters on duty are
out responding to a call.
Selectman Musselman
stated that, as Selectmen, they would want to both improve service and save
money. If it’s only one of those, they
probably would not proceed, he said. A
“win win” for both side needs to be sought.
Selectman Jenness asked
how often an aerial device was needed in each town for rescue.
North Hampton Chief
Tully asked whether she was inquiring as to how often a ladder truck was needed
for a third floor rescue, or how often the ladder truck was “rolled” for a
particular situation. A Fire Department
is an insurance policy. The services are
not necessarily used on a daily basis.
The equipment and personnel are there to provide the service when
needed. The ladder truck has not been
used for a third floor rescue in the past ten years. However, the capability is there to do it
tomorrow if needed, he said.
Selectman Jenness said
that, in years past, the taller buildings were either in Rye Beach or Boar’s
Head. Now they are scattered from
Portsmouth to Hampton. That was not true
until 25 years ago when McMansions started to evolve. The old wooden hotels are gone, but they’ve
been replaced by many more locations.
Rye is long and narrow, she said.
Selectman Musselman added that the same is true of North Hampton, but in
the other direction, east to west.
Selectman Musselman
asked how the rank and file of the unions would view the sharing of equipment.
Rye Interim Fire Chief
Lambert stated that it would depend on how it is presented and their level of
understanding in terms of the goals. If
jobs are at issue, they would have some concerns, but if they are involved at
the ground level and have some input, it may improve their acceptance. Everyone’s goal is to improve the
service.
Selectman Musselman
asked if there would be an issue with the loss of hours for the North Hampton
firefighters if the ladder truck were housed in Rye and thus staffed with Rye
firefighters. North Hampton Fire Chief
Tully stated that he did not think that that would be a problem. Labor should be included in the process. If they are not included when major changes
are being discussed, a rift and misunderstanding would be created. They want to have some direct say, he said.
Selectman Musselman
suggested an eight person group, with chiefs, administrators, a selectman and a
labor representative from each town.
There might be different working groups for different things. He stated that the timing is not critical as
they should not be on a January warrant article schedule.
North Hampton Town
Administrator Paul Apple said that the availability of too much time could be a
problem. He suggested that both
governing bodies empower a study group.
Selectman Musselman agreed, and suggested that there be a common charge,
and that both Town Administrators work up that charge.
North Hampton Selectman
Rick Stanton stated that the discussion had been about the ladder truck. Rye had mentioned a second ambulance. North Hampton will be facing a decision about
their ambulance in a couple of years as well, he said.
Mr. Apple suggested a
broadly worded charge.
Police Department issues discussion with North Hampton (39:40 elapsed)
Rye Police Chief Kevin
Walsh stated that there has been a lot of sharing between Rye and North Hampton
in the many years that he has been in Rye.
He gave the example of the replacement of tasers that have expired. There hads also been sharing in the case of a
fatal accident and an arson case. There
is sharing between twelve towns with the Seacoast Emergency Response Team. However, the School Resource Officer may not
be feasible for sharing. “Officer Scott”
is not full-time as a School Resource Officer for Rye. North Hampton has a different program, he
said.
North Hampton Selectman
Rick Stanton stated that they had had to suspend the School Resource Officer
program last year as an employee had left full-time employment. There would be issues with respect to payment
of the salary, insurance and retirement.
Chief Walsh said that
there would be no problem if there was a one time request for an officer to
provide a program at the North Hampton School.
Selectman Musselman
stated that he is not sure that Rye is interested in adding staff.
Solid Waste issues discussion with North
Hampton (46:23 elapsed)
Selectman Musselman
stated that he had met briefly with the North Hampton Board of Selectmen when
he was representing the 53B District. Editor’s note: The 53B District is made up of Brentwood,
Fremont, Kensington, North Hampton, Rye and Sandown. On June 30, 2015, Hampton, South Hampton,
Hampton Falls and New Castle withdrew from the District. The various costs and expenses are
apportioned among the members. A new
solid waste contract was negotiated in 2015 and the remaining member towns have
all joined in the contract. Selectman Musselman’s firm, CMA Engineers, was hired
by the 53B District to help it to navigate and negotiate the new solid waste
contract, and Selectman Musselman attended a number of 53B District meetings on
behalf of CMA Engineers. See Rye 2015 Annual Report, page 201.
Selectman Musselman said that there had been
discussion about North Hampton residents gaining access to the Rye Transfer
Station for a fee on Wednesday, Thursday and Friday, but not Tuesday and
Saturday which are busy days when the brush dump is open. That proposal had been run up the flagpole at
a couple of meetings in Rye and the response was less than rousing. There had been only negative responses from
the audience. Town Counsel has advised
that, if this were to be allowed, there would need to be a warrant
article. There may be a willingness of
the Board to propose such a warrant article.
There would be an annual fee of a couple of hundred dollars. He asked about the need in North
Hampton.
North Hampton Town
Administrator Paul Apple responded that there is a need by some in their
community, whose only option is to contract with Waste Management at a high
monthly fee even though they produce little waste. Those producing a lot of waste will likely be
kept with their existing provider by the market. He suggested a pilot program.
North Hampton Selectman
Rick Stanton stated that there are around 1800 households in North Hampton,
1500 of which use Waste Management. Of
those, perhaps 20 percent might switch.
A ballpark number would be 300-400 using the Rye Transfer Station. The stickers could be limited to 300 at
first, he suggested.
Selectman Musselman
asked whether people were leaving their trash with a neighbor, dropping it with
a relative in another town, or depositing the trash in the dumpster at a
grocery store.
Someone from North
Hampton responded that all of the above were occurring.
Selectman Musselman
asked about their existing recycling facility.
The response was that that there was only a brush dump. Selectman Musselman asked why trash could not
be accepted there. North Hampton Town
Administrator Paul Apple referred to opposition from such expansion by
neighbors.
Selectman Jenness
stated that she and Selectman Musselman are on slightly different tacks. “Our recycling area is sacred ground,” she
said. She said that they would not move
forward without the approval of the town.
“It just isn’t going to happen,” she said. “It will not be quiet, I can guarantee that,”
she said.
Selectman Musselman
said that Selectman Mills had been lukewarm but willing to consider it. Selectman Musselman said that he was willing
to consider it. While only two or three
people had made comments, all were negative, he said.
Selectman Jenness
stated that, if they were to proceed, a more exhaustive analysis from Public
Works Director Dennis McCarthy would be needed.
When the dumpsters are changed out, the traffic must line up on the
road. People are not happy when that
happens, she said. Selectman Musselman
said that that generally occurs only on Tuesdays and Saturdays. Selectman Jenness disagreed, saying that it
can also occur the day after a holiday.
Mr. Apple suggested
that the issue be put to the study group.
Selectman Musselman opposed that, saying that Rye would need to deal
with the issue.
North Hampton Selectman
Rick Stanton stated that the program would provide income to Rye. Selectman Musselman responded that there
would also be a cost to haul away the waste.
Even the recycling is a net loss with the current commodities prices, he
said.
It appeared to be
agreed that the initial committee would consist of eight persons.
Other opportunities for agreements with North Hampton (59:00 elapsed)
It was also agreed that
Rye would provide its fuel oil data so that the prices could be compared. However, they would need to go back a few
years as there might be fluctuations from month to month and the procurements
might be on different cycles. Mr. Apple
stated that their fuel oil use has gone down as they have been converting to
propane.
The discussion then
turned to salt and sand. Rye Public Works
Director Dennis McCarthy stated that Rye uses only salt, not sand.
There was discussion as
to whether the study group would address more than just fire issues. Mr. McCarthy stated that salt is determined
by the State price, so North Hampton is paying the same price.
John Hubbard, North
Hampton Public Works Department, stated that Mr. McCarthy is welcome to do the
plowing in North Hampton. Someone
quipped that that could be exchanged for monitoring the beaches. That led to discussion about the North
Hampton beaches. It was revealed that
North Hampton has a State beach, but no Town beach. “God bless you, you’re lucky,” said Selectman
Musselman.
The representatives
from North Hampton left, with pleasantries exchanged.
Announcements (64:43 elapsed)
Selectman Musselman
announced the State Primary election on Tuesday, September 13, 2016.
Public Comment (65:00 elapsed)
Peter Crawford stated
that he believed that this was a positive conversation with North Hampton and
he hopes that it continues. He asked how
it was that North Hampton is saying that their new ladder truck would not fit
into their existing station inasmuch they already have a ladder truck. Selectman Musselman said that the group would
deal with that issue. He said he thought
that some of the equipment might be parked outside.
Consent Agenda (66:15 elapsed)
The motion to accept
the single consent agenda item, a letter from Jane Holway regarding the
appointment of professionals to look into Town Hall renovation, carried unanimously
without discussion.
Minutes (66:38 elapsed)
The minutes of the
August 22, 2016 meeting were unanimously approved with a change by Selectman
Jenness. That change relates to the
appointment of one of the Selectmen to replace her as representative to the
Planning Board for the purpose of hearing the application relating to the
proposed 22 lot subdivision on South Rd.
She is recusing herself from that as she is one of the property owners.
The minutes of the
non-public session of the same day were unanimously approved without changes,
as were those of the meeting at Town Hall and the site walk on August 25, 2016
and the non-public that same day.
Discussion items skipped (68:58 elapsed)
Town Administrator
Magnant stated that individuals were coming to speak to items B, C and D. They would likely not be present until 6:30
p.m., he said. Editor’s note: That is the time
that the meeting normally starts, but, after the meeting with North Hampton
concluded around 6:00 p.m., the Selectmen proceeded directly with their regular
meeting.
Health Trust Committee Recommendations (69:40 elapsed)
Fire Lieutenant Charles
Gallant, Chairman of the Health Insurance Committee, addressed this issue. Health Trust has decided to discontinue one
of the plans that has been available for many years. Interlocal was looked at, but they have only
been in business a couple of years, and there would be little savings with
their plan. It was felt that it would be
better to stay with a Blue Cross Blue Shield plan, he said.
Town Finance Director
Cyndi Gillespie provided some information on costs.
Lieutenant Gallant
expressed concerns about increases in employee costs that, while saving the
town money, might result in retention issues.
New employees are having to pay 25 percent of their insurance
costs. He also stated that there has not
been an increase since 2002 in the $2000 payment for opting out of health
insurance. He requested that this be
brought up to the current cost for a single individual policy, $6666. Ms. Gillespie stated that three persons are
currently opting out. The cost for a
policy for a single person plan is staggering.
Those who opt out must prove that they have insurance through another
person’s two-person or family plan.
Lieutenant Gallant
stated that all of the Committee’s suggestions had saved the town money. Ms. Gillespie agreed.
Selectman Musselman
suggested that the health insurance issues be added to the union
negotiations. There are three of these
to be done in the coming months. Ms.
Gillespie raised an issue with the timing.
The open enrollment period is in November and the existing insurance
plan will be unavailable starting January 1, 2017. The union contracts negotiations may not be
complete by then, she suggested.
Selectman Musselman
moved to table the issue until Selectman Mills returns. They would wait and see what progress has
occurred on the union negotiations at that point.
Further public comment: Dog problems on the beach (84:10 elapsed)
Selectman Musselman stated
that the meeting had started at 5:00 p.m.
After the discussion with North Hampton ended about 6:00 p.m., they
moved right by the public comment with only one such comment. Since then, others have arrived, he said.
Donna Rider stated that
she had been knocked over by two loose dogs on the beach the prior month. She stated that she believes that she was
knocked unconscious as she came to soaking wet, full of sand, and with a woman
standing near her with two dogs saying that she was “so sorry.” The woman asked whether she was alright and
left. “Something has to be done about
these loose dogs,” she said. I was
lucky, I was only banged up, she said.
Ms. Rider stated that this happened at Cable Beach and that she believes
that they were Portuguese Water Dogs.
Yesterday, the same thing happened.
The dogs collided with her and the owner was calling at the dogs to come
and apologizing. Ms. Rider stated that
she was only asking that dogs be leashed at all times.
Selectman Musselman
asked Police Chief Walsh how compliance had been this year.
Chief Walsh stated that
it has been better than most years.
“Greg” tried to track down the dogs, but was unable to. Editor’s
note: This is an apparent reference to
Greg Kendall, the Animal Control Officer.
Chief Walsh stated that he has the same opinion that he had had
eight years earlier.
Editor’s note: At the 2009 Town
Meeting, an amendment to the beach ordinance as it relates to dogs was proposed
by Article 15. That article was amended
at the Deliberative Session to water down what had been proposed. It shifted the start and end times that dogs
are prohibited on the beach by one hour, but shortened the period during which
dog prohibitions apply at all to end the first Saturday after Labor Day rather
than October 1. The issue of dogs on the
beach had been vigorously debated.
Ultimately, the watered-down article passed, 576-303.
(87:35 elapsed)
Pat Burns, Wallis Rd., said that she walks
the beach at the “extension” every single morning from 8:30 to 9:30. “It is so out of control,” she said. A couple of weeks ago, they counted 18 dogs
with 5 or 6 people. They are not on
leashes. There were five dogs not on
leashes. Although most dogs are off at
9:00, as they are supposed to be, but when dogs are still present she has been
met with sarcasm and has been given the finger, she said.
Ms.
Burns also spoke about dogs having defecated in the water. When asking the dog’s owner whether she was
going to pick up the waste, the woman smiled and indicated that the tide would
take care of it. Ms. Burns stated that
she had responded “today I walk in it, tomorrow I swim in it, right.” The dog owner laughed and went on her way.
Ms. Burns referred to
having seen information relating to Parsons’ Creek and the bacterial content of
the water. Based on Internet information
reviewed earlier that day, the bacterial content is higher from “Stinky Creek”
all the way to Petey’s. “If the people
in Rye have to clean their septic tanks because, they say, it’s going into the
marsh, who’s taking care of all of these animals from our beach?”, she
asked. “They’re peeing, they’re pooping,
and the tide comes in…” Our beach and
Jenness Beach are two of the few that allow dogs, she said. She stated that she had seen dogs exiting
cars from Maine.
(92:12 elapsed)
Victor Azzi, Old Ocean
Blvd., stated that he had been observing and experiencing these problems for
several decades. His mother was knocked
down by a dog, something that the absent Selectman is always quick to bring up. That Selectman knows that his mother’s
shoulder was broken by one of those dogs.
Recently, he has observed very telling data about how dirty the waters
are, whether they be Stinky Creek, the ocean, the inland waters, the marshes or
various other waterways. It has become
known far and wide in the Seacoast area, that the Rye beaches are the litterbox
for the whole seacoast community. Mr.
Azzi stated that he talks regularly with dog owners. There are people in the dog walking business
that use the Rye beaches for four, five or six dogs at a time. They let the dogs run and do whatever they
want to do on the beaches. Mr. Azzi
asked what was in it for Rye by allowing this.
(95:23 elapsed)
Ms. Burns stated that
she was told that the town had voted in the allowance of dogs on the
beach. She said that she has spoken with
year-round Rye residents who refuse to take their dogs to the beach as there
are too many dogs there.
Jackie Gacek, Fairway
Dr., stated that she has noticed that, over the years, little by little,
between the surfers and the dog walkers, the loss of the privilege of going to
the beach. “I don’t know what’s going on
in your minds as the rulers of this town but, you know, we older people pay our
taxes and we pay for a sticker, and it’s hopeless. You know, you can’t find a parking place, the
surfers have taken over the beach, because we’ve got a store that advertises up
in Canada, well come on down to Rye, it’s free.” She stated that the Selectmen should do
something about it. It’s not a dog park,
she said. “You guys don’t go to the
beach. That’s why you don’t miss
it.”
Ms. Gacek also spoke
about the surfers who park their trailers at Wal Mart and invade. Sessions is using the beach to enrich
themselves. Editor’s note: This is an
apparent reference to Summer Sessions, a store that also conducts large surf
camps on Sawyers Beach. I wouldn’t
have recovered if what happened to Donna Rider had happened to me, she said,
stating that she is not in as good a shape.
(98:38 elapsed)
Sally King, Wallis Rd.,
stated that she had just arrived at the meeting. She walks her dogs on the beach and is very
respectful about picking up. She knows
many others who do the same. We enjoy
walking our dogs and are cognizant that there are those who do not want dogs
around them. People seem to have a great
deal of control. We would like this to
continue and she knows of many who agree, she said.
(99:37 elapsed)
Police Chief Walsh
stated that he feels compelled to bring forward an ordinance to require dogs to
be leashed on the beach, as well as another relating to pet waste. The only solution is to require dogs to be
leashed, he said. On certain days of the
week there are as many as 40 dogs on the beach.
When just one resident says that they are afraid to go to the beach
because of dogs that are out of control, he feels that he must move forward
with the ordinance. It is true that it
is up to the town. There is too great a
distance between the dog owner and the dog, he said.
(101:16 elapsed)
Selectman Musselman
noted that it is a town decision. There
was an ordinance proposed a number of years earlier. It was amended by majority vote at the
Deliberative Session to yield the ordinance that we have now. If people want to preserve or change the
ordinance they need to go to the Deliberative Session and make their
arguments. The Deliberative Session is
in February and the vote is in March. It
is not our decision, he said. The
Selectmen have proposed ordinances to have better control of dogs on the beach
in the past and it got changed, and voted in as it is.
There was a comment
from the audience that many of those affected are not in Rye during the
winter. Selectman Musselman said that
the Selectmen could do something that would be in effect for a couple of months
until voted on by the town. The person
asked whether that could be tried for that period of time. Selectman Musselman
stated that he understood the point.
Chief Walsh stated that
had been contacted by Parks and Recreation in Kittery, which is facing the same
issues.
Selectman Musselman
stated that the Parsons Creek Committee would be coming out with its report in
October and would have several recommendations relating to dog waste in that
area. There may be more signs and mitts,
he said.
Someone suggested that
dogs be restricted to those from Rye and that there be a license required for
dogs to be on the beach, with a fine for non compliance. Selectman Musselman stated that they had
determined in the past that it is not legal to treat residents and
non-residents differently.
Kathy Goldman stated
that, the few times that they have walked their dogs on the beach, they use a
short lease. Some people use 50 foot
leashes and don’t have control of the dog, she said. The dogs on those long leashes come at their
dogs, she said. Those using the longer
leads are unable to reel their dogs in quickly enough to prevent an accident,
she said.
Someone said, “it
sounds as though that, you, the Selectmen of Rye, are not able to do anything.” She asserted that they would be unable to
control people to use a six foot leash.
She referred to another sign, under the three others relating to dogs,
not having any effect. Selectman
Musselman said that he had not said that they could not do anything. The woman acknowledged that something could
be distributed in March when no one is here.
She suggested that Rye create a dog park rather than have dogs on the
beach.
Chief Walsh said that,
to be fair to the Board, the Police have to enforce whatever rules the town
voted in.
Jane Holway suggested
more police presence to enforce the ordinance that we have. She said that she is at Sawyers Beach all the
time and has never seen the police there.
Frances Erlebacher said
that people could vote by absentee ballot.
Timothy Sanborn said
that he had served as a Beach Commissioner for ten years and had seen an
increase in police presence.
Paul Chase request to park truck at Concord Point (109:52 elapsed)
Mr. Chase addressed his
request. He stated that he and his wife
own a property at 1306 Ocean Blvd. and are requesting permission to park a
truck and trailer near there for one or two days to get an excavator onto the
beach. He wants to move some boulders that
have been displaced. Police Chief Kevin
Walsh indicated that any lack of emergency access to the beach resulting from
the parking should not be a problem. All
were in favor of granting Mr. Chase access during the month of October.
Jane Holway letter on Town Hall and discussion of time the meeting start
time (112:33 elapsed)
As Selectman Musselman
introduced the agenda item on Wallis Rd. properties, Jane Holway stood up to
state that she had been skipped.
Selectman Musselman stated that they had already voted to accept her
e-mail for the record. Ms. Holway stated
that she did not know why she was on the agenda. She had written a letter of support as a
citizen. The issue would be on the
agenda at a subsequent meeting, Selectman Musselman said.
Someone asked what time
the meetings start. Selectman Musselman
stated that it varies. Selectman Jenness
stated that this meeting started at 5:00, if they look at the agenda. Someone said they had looked online, and it
had said 6:30. Editor’s note: This is
correct. The agenda says 5:00, but that
time was not reflected in the list of upcoming meetings on the home page of the
town website, which gave a 6:30 time.
Ms. Holway was not present shortly after 6:00 p.m. when her Consent
Agenda item came up.
Extension of time to acquire back of former Rand
Lumber parcel (113:58 elapsed)
Town Administrator
Magnant stated that the Conservation Commission was seeking to amend the
purchase and sale agreement on the land that they want to buy. The Chairman of the Conservation Commission
is here, he said.
Selectman Musselman
asked what the holdup was, and the likelihood that the grant does not come
through.
Conservation Commission
Chairman Sally King stated that they had applied for two grants and both have
been allocated. She referred to
bureaucratic holdups and that there was little likelihood that the grants would
not come through. This action is
requested to pacify the Wallis Rd. people as they had to sign a one year
extension with NRCS. We are very anxious
to get this done, which should occur in the next couple of weeks, she
said. Tracy Degnan of the Rockingham
County Conservation District stated that Wallis Rd. Properties had signed an
agreement with NRCS for the purchase of a conservation easement in September of
2015. That agreement ran out at the end
of August. They signed another template
agreement but they also wanted the requested agreement as they are afraid that
it would take another year.
Selectman Jenness asked
how they know that the grant money has been allocated. Tracy Degnan stated that they had been
told. After further inquiry, she
confirmed that they had received written confirmation with respect to both
grants.
Selectman Musselman
noted that the agreement provided for signature by the Conservation
Commission. He asked whether a vote was
necessary.
Town Administrator
Magnant stated that he thought that the Board of Selectmen should vote, as this
had been recommended by the Conservation Commission’s attorney. The Town Attorney, Mr. Donovan agreed as
well, he said.
Selectman Jenness asked
what would happen if the grant money does not come through.
Sally King said that
they intend to buy the property regardless.
About two years ago, they and the Selectmen had concurred on this issue,
and it had been stated at that time that they intention to leverage the
acquisition with grant money, she said.
Selectman Musselman
said that, if the grant money does not come through the town will need to start
paying Wallis Road Properties LLC. He
asked whether there was a funding issue if the grants do not come through.
Finance Director Cyndi
Gillespie stated that she understood that they did not intend to close unless
the $139,000 grant was received from NRCS.
Ms. Degnan and Ms. King confirmed.
Ms. Gillespie stated that, with those funds, there would not be a
shortage of funds. Otherwise, they would
be short about $4600, she said.
Selectman Musselman said that there would be a shortage in cash, but not
in bonding authority. Editor’s note: $1.3 million of the $3 million bonding authorization
voted by 2014 Article 7 was drawn down in 2014.
On April 1, 2016, the acquisition of the a portion of the 561 South Rd.
property from The Meadows at South & West LLC was completed at a
transaction price of $350,000 (see Rockingham County Registry of Deeds, book
5703, page 16, and the video of the March 30, 2016 Conservation Commission
meeting (approximately 7:12 p.m.), at which the acquisition was approved. The
South Rd. acquistion consumed $350,000 of the $1.3 million. Interest has also accumulated and there were
other funds left over in the Conservation Commission Land Acquisition
Fund. It appears that the acquisition of
the Rand property was completed on September 30, 2016 (Rockingham County
Registry of Deeds, book 5757 page 2781).
The transaction amount approved at the November 10, 2014 Board of
Selectmen meeting for that was $1.25 million.
The amount of grant funds applied towards the acquisition at closing is
still being researched.
Selectman Musselman moved that the amended
contract be approved as presented.
Selectman Jenness seconded. All
were in favor.
Mosquito control suggested standing water ordinance (118:40 elapsed)
Tim Sanborn of the
Mosquito Control Commission stated that it might behoove the Town to adopt an
ordinance. There had been a couple of
situations. One was a skiff at Rye
Harbor with standing water. There was a
question whether to town had jurisdiction to empty the water from someone’s
privately owned boat or skiff. This
ordinance would give the Town the ability to remove standing water when needed,
he said.
Selectman Musselman
asked whether larvae had been found in the skiffs. Mr. Aspinwall stated that the vendor had been
sent down, however they had not received a specific report. Portsmouth has an ordinance like this, he
said.
Selectman Jenness asked
whether there needed to be a definition of pool and asked whether bird baths
would be included. Mr. Sanborn agreed
that that was a good suggestion.
Selectman Musselman
suggested that they obtain a copy of the Portsmouth ordinance and provide both
that and the proposed Rye ordinance to Attorney Donovan. He asked how the ordinance would be enforced,
who would determine whether there are mosquito larvae present and what the
police would do. Selectman Musselman
then acknowledge that it would probably be enforced by Code Enforcement.
Mr. Sanborn said that a
fine of $100 is provided, but it is anticipated that most people are reasonable
and would comply by just dumping the water.
Selectman Musselman
suggested that a report be obtained from Swamp, Inc. on the presence of
larvae. Editor’s note: Swamp is the
contractor that does mosquito control for the town. Selectman Musselman questioned whether
skiffs in the intertidal zone are even within the town’s jurisdiction, and
asked Town Administrator Magnant to obtain an opinion from Town Attorney
Donovan on this issue.
Tom Aspinwall of the
Mosquito Control Commission stated that, when the issue of the derelict
dinghies came up, Mike, who comes from a strong law enforcement background,
researched the issue and discovered that there wasn’t any ordinance that could
give him leverage. The mosquito control
operates in the intertidal waterways of the State, so the issue of jurisdiction
is a moot point, he argued. Selectman
Musselman disagreed, saying that they did not want Mike Morrison to be
enforcing an ordinance. Mr. Aspinwall
said that the issue with the boats was not a mosquito control issue. Selectman Musselman agreed.
Mr. Sanborn asked
whether the town ordinances apply on State sections of the beach. Selectman Musselman responded that they do
not. They never have, he said. Town Administrator Magnant stated that the
town has an agreement with the State to enforce their rules and regulations.
Retaining wall bid results (129:25 elapsed)
Public Works Director
Dennis McCarthy stated that this involves the replacement of the retaining wall
at Wallis Rd. Extension. Bids ranged
from $14,283 (submitted by Rye Beach Landscaping) to $20,500 (submitted by Make
a Difference Landscaping). He recommends
that the Rye Beach Landscaping bid be accepted.
He clarified that the wall is located adjacent to where the cars park. The highest section will be three feet
high. It was agreed that Mr. McCarthy
would bring in a catalog so that the Selectmen could review the ornamental
block to be used. The wall is 185 ft.
long, he said.
Harbor Road Bridge investigation (132:12 elapsed)
Mr. McCarthy stated
that Hoyle, Tanner had been hired to assess the bridge. Some construction plans had been found,
however the reinforcing in the concrete T-Sections was not detailed. If improvements are to be made to the bridge,
the load limit needs to be determined.
The biggest issue is with the guard curbing, not the decking. To keep the bridge open while work is
proceeding an addition is needed to the bridge, which requires that the
acceptable load limit be determined. For
$2500, to be found somewhere in the Public Works budget, the testing can be done
and the capacity determined. Probably,
the curbing will be removed and the decking redone, with one lane remaining
open during the work, avoiding the cost of a temporary bridge, he said.
Selectman Musselman
agreed that the guard rails are nowhere close to reasonable standard. “You don’t want to have a Chappaquidick there
with all the folks who live… I shouldn’t say things like that.” There was laughter.
2017 Revaluation of assessments (135:25 elapsed)
Town Administrator
Magnant stated that, in 2017, another update is needed, as required every five
years. The last one was done in 2012
with KRT. Cities and towns that have
contract assessors with the capability to do this typically use their own
assessor to do the revaluation, he said.
Mr. Magnant stated that he had talked with MRI. The town is their client. They are willing to take on the revaluation
for $57,000. KRT was paid $62,000 in
2012, he said. He stated that he would
like to enter into a contract with them, contingent on approval of next year’s
budget. They know the town, are
experienced, and have good references, he said.
Selectman Jenness said
that they had had good experiences with MRI.
Selectman Musselman agreed, adding that there were difficulties last
time as the outfit wasn’t around for the following year or two as issues came
up.
Town Administrator
Magnant stated that he would like a vote so that he could reserve a slot in
MRI’s schedule.
Selectman Musselman
asked Mr. Magnant whether he had had any discussion with Selectman Mills about
this issue. Mr. Magnant responded in the
negative. Selectman Musselman stated
that, if the choice was between KRT and MRI, Selectman Mills would prefer the
latter. “Every time KRT was mentioned,
Joe would start to shake,” he said.
Selectman Musselman moved to approve the contract with MRI for $57,000
for a revaluation fully meeting DRA standards in 2017, pending the availability
of funds in the 2017 budget voted at the March town meeting. All were in favor.
Enforcement action against Ray’s Lobster (138:20
elapsed)
Mr. Magnant stated that
they had a draft letter in their package from him to the Department of
Environmental Services. He stated that
he had spoken to the Department of Justice in July. The Building Inspector received a complaint
that Ray’s Lobster was discharging greywater onto an abutters property. Editor’s
note: Greywater consists of all
wastewater that does not contain fecal contamination (i.e. is not from
toilets). That water is considered to be
blackwater. Mr. Magnant stated that
the issue has been investigated by DES as well as our Building Inspector and
the Department of Justice. The discharge
had happened before, in 2006, according to the files. Selectman Musselman stated that it had also
happened in the 1980s. Mr. Magnant
stated that he had come up with the letter after speaking with the Town
Attorney. The Town Attorney recommended
that Board of Selectmen approval be obtained prior to sending the letter, he
said.
Selectman Musselman
said that he was willing to do that. He
asked whether this was the property where they were using 50,000 gallons a year
of Rye Water District water and pumping out 8000 gallons a year of holding tank
waste. Mr. Magnant confirmed, stating
that he was not sure about those figures.
Selectman Musselman
stated that he was unsure whether to continue the monitoring of Parsons Creek
using grant funds as the data have been so inexplicable, but while they are at
it the outlet to Awcomin Marsh should be sampled. Perhaps they will see that bacterial
contamination is not an uncommon problem in Rye.
Mr. Magnant stated that
DES had taken samples near Ray’s and found high bacteria levels. Selectman Musselman said that the type of
letter proposed by Mr. Magnant is uncommon.
Mr. Magnant stated that the Building Inspector at the local level has
been talking with his counterpart and has been informed that it is an ongoing
investigation.
Selectman Musselman
asked Selectman Jenness whether she agreed with the letter. She affirmed without reservation. There was discussion about the holding tank
having been approved 30 years earlier on a temporary basis.
Selectman Jenness moved
to approve the letter. Selectman
Musselman stated that it was a nice letter.
Mr. Magnant stated that Town Attorney Michael Donovan had written the bulk
of the letter, but that he had toned it down.
Selectman Musselman seconded. All
were in favor.
Wallis Sands Triathalon (144:03 elapsed)
Police Chief Kevin
Walsh apologized for bringing the event to the board late, but the insurance
information had just been obtained that morning. The event involves a swim at Wallis Sands
State Park, then a bike ride and a run.
There will be detail officers to control spectator parking. Dogs that arrive will be asked to leave (or
their owners asked to remove them).
There will be 250 runners, with staggered starts. All were in favor of approving.
Household hazardous waste collection (146:05 elapsed)
Public Works Director
Dennis McCarthy announced that this would occur the upcoming Saturday in
Brentwood. This is an annual event, he
said.
Selectman Jenness asked
whether there would ever be a collection closer than Brentwood. Editor’s
note: The collections used to be held
twice a year, with one in Brentwood and the other in Hampton, however Hampton
withdrew from the Solid Waste District in 2015.
Mr. McCarthy stated that it depends on whether another town offers
their facility. Selectman Musselman stated that he had
suggested that Rye not be part of the Solid Waste District’s hazardous waste
program and that it be contracted with Portsmouth, even if the cost is
higher. Mr. McCarthy stated that they
could contract with Portsmouth in addition.
Selectmen Musselman and Jenness agreed that this should be done. Selectman Jenness stated that people do not
even know where the Brentwood disposal location is. Mr. McCarthy stated that they get a lot of
calls asking for directions.
The discussion turned
to use of the program. Mr. McCarthy
stated that households often have paint.
All New England states other than New Hampshire have legislation to
allow them to deal with the disposal of latex paint. Most of what is seen is latex paint and motor
oil. We take motor oil, but some people
don’t know that and many towns do not accept that. Household waste collection is not supposed to
be five gallon pails or 55 gallon drums, although they do see that. Ammunition, explosives and nuclear materials
are not allowed, but they see everything, he said.
Selectman Musselman
asked about the charge from Portsmouth.
Mr. McCarthy indicated that the charge was not large. He stated that the town currently pays $38.50
per dropoff as long as it is within the 10 gallon, 10 pound limit. Some people may be listed as three households
as they have so much waste. The town
pays, but it is part of the membership cost of being in the District. Typically $35 to $50 per resident is charged,
whether it is part of the tax rate, or paid by the residents when they come
in.
Selectman Musselman
said that, if there is a base charge and not many people are driving to
Brentwood, the town would be better of coming up with a different
solution. He asked whether the District
had taken a vote on whether household hazardous waste collection could be
de-linked from membership.
Mr. McCarthy stated
that the issue had not come up. In fact,
a lot of calls are coming in from towns that left the District asking whether
they could come to the hazardous waste days as they had made no other
arrangements. The District voted to
permit that, but at a $50 charge per household.
Most residents will turn around and leave after being asked to pay that
charge, he asserted.
Adjournment (151:35 elapsed)
Whereupon the meeting
adjourned at 7:32 p.m.