NOTES OF NOVEMBER 14, 2016 RYE BOARD OF SELECTMEN MEETING
Final Revision C – Provided by the Rye Civic League
Present (clockwise around table): Town Administrator Michael Magnant, Selectmen Craig Musselman and Priscilla Jenness, Finance Director Cyndi Gillespie. Not present: Selectman Joseph Mills.
Also present and sitting in the audience: Recreation Director Lee Arthur, Public Works Director Dennis McCarthy, Police Chief Kevin Walsh, Interim Fire Chief Tom Lambert.
Persons present from the public included: Debra Crapo, Randy Crapo, Peter Crawford, Charlie Hoyt, Sally King, Ryan McGill, Dominique Winebaum, Sam Winebaum.
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 6:36:30 p.m. (0:00 elapsed). The
audio is off until 6:37:30 p.m. (1:00 elapsed).
Summary
6.
The Selectmen’s view that the
Jenness Beach Bathhouse is too tall will be communicated to the State.
Announcements, including tax rate (1:00 elapsed)
Selectman Musselman
announced the tax rate had been set at $10.68 per thousand, compared to $10.90
in 2015. That is applicable to tax bills
going out in the coming week. The tax
rate is a moving target on all sides, but the last time that the tax rate had
been this low was 2011, when it was $10.60.
The components of the rates are as follows:
Town rate $3.00
Local school rate $4.08 (reduction here is primary reason for the lower rate)
State school rate $2.49
County rate $1.11
District rates:
Jenness Beach District rate $.29
Rye Beach District rate $.27
Rye Water District rate $.57
Selectman Musselman stated that Selectman
Mills is still dealing with medical issues and asked that he be kept in
people’s thoughts and prayers.
Sealing of minutes (3:35 elapsed)
The motion of Selectman Jenness to seal the
minutes of the non-public session following the tax rate setting meeting on
November 4, 2016 carried unanimously.
Public Comment: Rye Beach representative on Budget Committee not a
Commissioner (3:48 elapsed)
Peter Crawford noted
that, at the prior week’ Budget Committee meeting he had been surprised to see
Shawn Crapo sitting. Mr. Crawford stated
that he had done some research and passed out a sheet of paper. Mr. Crawford noted that Mr. Crapo had lost to
Mae Bradshaw and Peggy Balboni in the recent election. Mr. Crawford stated that he had confirmed
with Linda Sheppard, one of the Rye Beach Village Commissioners, that they had
voted on November 2 to have him represent them, although he is not a
Commissioner. Mr. Crawford read from RSA
32:15, I(b):
“one member of the governing body of the municipality,
and if the municipality is a town, one member of the school board of each
school district wholly within the town, and one member of each village district
wholly within the town, all of whom shall be appointed by their respective
boards to serve for a term of one year and until their successors are
qualified. Each such member may be
represented by an alternate member appointed by their respective board who
shall sit and have the same authority as the regular member.”
Mr. Crawford said that there can
be a member and an alternate, but it has to be a member of the particular
governing body. He said also that the
Selectmen have not been following the policy of appointing an alternate. Instead, there has been an unofficial policy
of getting someone to attend in their stead without an official vote. That is incorrect, he said. Mr. Crawford stated that he hoped that
someone would take a look at this and rectify the situation as he does not
believe that Mr. Crapo can serve on the Budget Committee without being a
Commissioner of the Rye Beach Village District.
Selectman Musselman
thanked Mr. Crawford for raising the issue.
He said that an interpretation of the words “member of each village
district was needed.” He questioned
whether “member” meant “commissioner.”
Mr. Crawford said that he had looked through the RSAs and did not see
anywhere where a voter in the district would be called a member. Debra Crapo noted that Mr. Crapo serves on
the ZBA which is part of the commission.
Editor’s note: Shawn Crapo is Debra Crapo’s son. It is not correct that the ZBA is part of the
Commission. See RSA 52:8. Selectman Musselman interrupted Ms. Crapo
and said that this was not an opportunity for back and forth.
Public Comment:
Jenness Beach Bathhouse (8:08 elapsed)
Ryan McGill stated that
he was present to discuss the Jenness Beach Bathhouse redevelopment as he had
been at the Executive Council meeting. Editor’s note: By a 3-2 vote on October 26, 2016, the
Executive Council voted to approve the State entering into a $1.1 million
contract to construct the 1482 sq. ft. bathhouse. See https://vimeo.com/189141357
and http://www.seacoastonline.com/news/20161027/inn-owner-sues-says-jenness-beach-bathhouse-will-block-views. Executive Councilor Chris Sununu, who is now
also the governor-elect, as well as Councilor Colin Van Ostern (who was defeated
for governor) and one other Councilor voted in favor of awarding the
contract. Mr. McGill stated that
Chris Sununu had asked whether the Town had any concerns, he said. “They” had said no, that the citizens were
concerned, he said. Editor’s note: This is an
apparent reference to the head of N.H. Division of Resource and Economic
Development (“DRED”).
Mr. McGill stated that he hoped that the
Selectmen would take more of an official stance. There were over 600 petitioned voters and
beachgoers involved. They are now
planning to reduce the width of the bike lane by close to three feet. The sidewalk where the parking meters are
located is being replaced by bollards and wood, forcing pedestrians into the
bike lane of reduced width. That is
being done without a traffic study, which is required for every major project
in the Town. The historic direction of
the parking lot is also being changed.
There are 10-15 cars backed up during the summer waiting to enter the
parking lot. That same pileup would be
at the intersection with Perkins.
Construction has not begun and the Executive Council can bring the issue
up for reconsideration, he said.
Citizens will be dealing with this for the next 50 years. It is worth spending a little more time, he
said.
Peter Crawford stated
that he had been at the Executive Council meeting on the bathhouse and stated
that he believes that the Councilors were misled by one of the people
presenting who said that the Town was supporting the bathhouse, which is not
what he took out of the last meeting. Editor’s note: Mr. Crawford was referring to the October 24,
2016 Board of Selectmen meeting. He
said that the impression that the Selectmen have concerns should be
communicated.
Consent Agenda (13:22 elapsed)
Selectman Musselman
stated that there were five items on the Consent Agenda:
A. Approval of the
Annual Town Holiday Parade, Sunday December 4 at 1:00 p.m.
B.
Sign request by Webster at Rye at Parson’s Field.
C.
Request for approval of a raffle at the Abenaqui
Country Club.
D.
Letter from Debra Crapo regarding the missing
oversight in the Town Hall from past and present employees.
E.
Letter from Gail Schweizer regarding the closing of
the pull off across from “Philbrick.”
Selectman Jenness moved to approve items A through C and place items D
and E on file. All were in favor.
Public hearing continuance:
Conservation Commission funds acceptance (14:40 elapsed)
Selectman Musselman
stated that the matter had been tabled last time. The issue was the price and funding coming
back on the acquisition of the back portion of the Rand property. An explanation from Sally King was received,
he said. Editor’s note: Sally King is
Chairman of the Conservation Commission.
Ms. King summarized, stating
that the initial purchase price in
the purchase and sale agreement provided a contingency for expansion beyond a
two year period. The two year period
allowed them to leverage the funds by over $240,000 from two funding
sources. There were two $10,000 payments
that went towards the purchase and two that did not. It was in the purchase and sale agreement
that was part of the “a through q” package that the Selectmen received. Everyone should have been aware of the
contingencies, she said. Ed Hayes
offered to donate the $10,000 non-refundable payment. Editor’s
note: Mr. Hayes is the principal of
Wallis Road Properties, LLC, which sold the back portion of the former Rand
Lumber property to the Town (acting through its Conservation Commission) for
$1.25 million. Other people have
issues with the money and how it was developed, but Wallis Road Properties was
incredibly fair to us and the Town, she said.
In response to a
question from Selectman Musselman, Ms. King and Town Administrator Magnant
confirmed that the Board of Selectmen had approved $1.25 million as the
purchase price. Ms. King confirmed that
$1.26 million had actually been paid.
Selectman Musselman
asked whether they needed to amend their approval to the $1.26 million. Mr. Magnant stated that he felt that this was
parsing words as the contract provided for the additional payment.
Peter Crawford asked
for explanation as to how the purchase price increased. He said that he views this as a reduction in
the consideration, and said that the best thing to do would be to put the
$10,000 back in the Land Acquisition Fund and not turn the “gift” into
unrestricted funds. Mr. Magnant stated
that he had not talked with the Town Attorney regarding where the money should
go.
Town Finance Director
Cyndi Gillespie stated that there was not a separate Land Acquisition
Fund. Editor’s note: That is curious
as 1970 Article 10 specifically created this fund and 2014 Article 7 added $3
million to it. Ms. Gillespie stated
that the Conservation Commission has a General Fund as well as two checking
accounts.
Sally King stated that
she felt that it was entirely reasonable to have the funds go towards land
acquisition and offered to present this to the Conservation Commission Board as
she could not make the decision.
Mr. Crawford stated that
he felt that that was a good solution.
Debra Crapo stated that
it is wonderful when someone donates funds.
You cannot take donations and place them in the General Fund. When money is donated for a specific purpose
that should be honored.
Selectman Musselman
closed the public hearing. He then moved
that the money be accepted and that the Conservation Commission be encouraged
to apply the funds to the land acquisition fund. All were in favor.
Minutes (22:25 elapsed)
The minutes of the
October 24, 2016 meeting were approved with a change. The minutes of the non-public session of
October 20, 2016 meeting were approved without changes, as were those of the
November 4, 2016 tax rate setting meeting and the non-public session of the
same day.
Recreation Facilities Needs Assessment Committee Final
Report (24:00 elapsed)
Gregg Mikolaities
presented. He stated that he is a member
of the Recreation Commission as well as Chairman of the Needs Assessment
Committee. He stated that this process
started at the 2014 Town Meeting when $20,000 was approved for a Recreational
Needs Assessment. Since then, firms had
been interviewed, Chris Williams was selected, and last November a nine member
Committee was formed. I was the only
Recreation Committee member, and Selectman Jenness sat on the Committee, he
said. Two members are present, Beverly
Levesque and John Provencher. There were
six public meetings. Mr. Williams
provided a report and PowerPoint presentation, he said.
Recreation Director Lee
Arthur does a remarkable job, Mr. Mikolaities said. We had almost 1800 participants last
year. Programs are held in 12 different
facilities around town. Storage is
wherever she can find space. It is a
real problem. Equipment is being ruined
prematurely. It is stored all over
town. There is mold, mice and rats. Heated, temperature-controlled storage is
needed for the program, he said.
The most popular
programs are the after school program, averaging 55 kids a day, held at the
Elementary School, Mr. Mikolaities said.
That program has been consistently needed by the working families in
town. The Over 55 program held at the
Congregational Church is growing and growing.
Lee is dealing with ages 4 to 95, so it’s a good cross section of the
town. Most of the facilities are not ADA
compliant, which could become an issue tomorrow. The public restrooms at the Recreation Area
were meant to be temporary. To save
money, the doors open to both the inside and the outside, presenting security
problems, he said.
The conclusion is that
the Recreation Department needs space, Mr. Mikolaities said. A long-term agreement is needed with the
School for the after school program.
There are also competing interests for the gymnasium. At the Recreation Area, a new septic system
has been put in and the parking lot paved.
I did the Master Plan gratis ten years ago, he said. It is out of date. A trail has been added since the plan was
done. The agreement with the
Congregational Church is quarter to quarter.
A multi-year agreement is needed.
Ms. Arthur added that the over 55 program serves up to 75 people at
lunch, he said.
The Williams Report
recommends a Community Center of approximately 10,000 sq. ft., Mr. Mikolaities
said. Currently there is about 2500 sq.
ft. down there. The Recreation staff
currently operates at the Recreation Area in a temporary modular unit. The other space is used for some storage but
there is also programming there, he said.
Selectman Jenness
stated that there should be a juggler on the cover of the report, because that
is what is being done. There is a lack
of programming for teens. Nothing but
good work is being done. In the
short-term all seems very doable. Heated
storage might be a mid-term solution.
The Community Center is being looked at down the road, she said.
Selectman Musselman
said that the Committee had done a fantastic job. It is well presented and the ideas are solid
with a phased approach. He asked whether
the Recreation Commission was in agreement.
Mr. Mikolaities said
that the Commission would like to have a Recreation Center tomorrow, so there
might be disagreement regarding the phased approach. There is a revolving fund so things can be
done without affecting the tax rate. The
Recreation Department is under funded and we are lucky to have Lee running all
over the place to accomplish things, he said.
There should be a phased program over five to ten years. He is under no illusion that the community
center would be built next year, he said.
Selectman Musselman
asked whether the 10,000 sq. ft. facility, with possible expansion for the gym,
would fit on the existing site without interacting with the Town Forest. Mr. Mikolaities confirmed.
There was discussion
about the declining school attendance and use of the Rye Elementary School
gym. Lee Arthur stated that cooperation
is OK, but the school has priority. Mr.
Mikolaities said that they are third or fourth in the pecking order. Lee Arthur stated that the PTA has priority
before the Recreation Department.
There was discussion
about use of the Outer Marker for Recreation storage. Editor’s
note: This is a structure in the flight
path to Pease Air Force Base that was used to provide navigation signals to
overflying aircraft. Since it was no
longer used, it was given to the Town with conditions. See later in these notes here.
Recreation Director Lee Arthur spoke about
the need for heating. Nothing is stored
there now. Years ago there were outdoor
items stored there, she said. Selectman
Musselman spoke about the Federal Government asking the Town to reconfirm its
commitment to using the property for recreational purposes. Mr. Mikolaities stated that it had once been
looked at for a tennis court.
Mr. Mikolaities said
that the Community Center should be budgeted for within five years.
(43:38 elapsed)
Recreation Director Lee
Arthur spoke about immediate storage needs.
Selectman Musselman
said that the budget had not yet been set, and the Capital Outlay items had not
been determined. He said that a heated
garage could be put in the Capital Outlay budget, to be funded from the
Revolving Fund.
Shoals View Drive Paving and ramp/steps near Ocean Blvd. and Bass Dr.
(48:03 elapsed)
Town Administrator
Magnant announced that the Town Attorney had opined that Shoals View is a town
road. Selectman Musselman stated that it
is a town gravel road that was tarred years ago, but never paved. Public Works Director Dennis McCarthy stated
that in 1983-1984 the town had ripped out the tarred portion as it was breaking
up. Mr.
McCarthy stated that the cost of paving would be $125,000 to $150,000. He is looking at it as a warrant
article. Selectman Musselman stated that
he was comfortable with presenting a warrant article.
There was discussion
about reducing the necessary width by making the street one way heading
east. Police Chief Kevin Walsh raised
the issue of whether residents would heed the restriction. That led to discussion about residents near
St. Andrews Church driving both ways on the street, even though it is posted as
one way. Mr. McCarthy stated that, while
there is a one way sign, the street is not one way, and the residents know
that. Selectman Musselman suggested that
making the street one way be looked into only if the warrant article fails.
Charlie Hoyt, 911 Ocean
Blvd. said that a two-way paved street there was long overdue.
The discussion then
turned to that of the proposed ramp over the shale pile near the same
location. Mr. McCarthy stated that he
had sent two letters to the State regarding the proposed ramp, and had heard
nothing. The ramp would probably be
built in the Spring, he said.
Mosquito Control Health Regulation (61:54 elapsed)
Town Administrator
Magnant stated that the Town Attorney had taken a crack at the proposed
regulation. He stated that he had spoken
with the Town Health Officer who is concerned that the proposed regulation
might be overly broad.
Selectman Jenness
stated that, with regard to the provision relating to swimming pools, there is
not much that can be done about stagnant water until the cover has been removed
in the Spring. Information is needed on
the mosquito breeding season as there might not be a problem leaving covers on until
the end of April. The same applies to
the fall, she said.
Randy Crapo referred to
an inflatable device under covers to prevent the accumulation of water.
Selectman Musselman
said that he had heard from many people about the length of the ballot and the
detail on each warrant article. It might
be better for the Health Officer and the Board of Selectmen to do this on their
own, he said. He suggested that it be
adopted and wait to see if anyone complains.
Selectman Jenness
referred to problems with abandoned houses and half drained swimming pools.
After further
discussion it was decided that the regulation would not be adopted but would be
used as a guideline. Mr. Magnant said
that the Health Officer has authority to abate public nuisances in any case.
Anti-littering sign proposal (68:19 elapsed)
Conner Murray
addressed. He referred to a Marine Bio
class or program at Winnacunnet High School.
As part of that, they do beach cleanup in Rye. Last time they found over 200 cigarette butts
at Jenness State Beach, he said. He
suggested public education.
Selectman Musselman
spoke about a multitude of problems in the area, including the depositing of
dirty diapers in mailboxes. He asked
whether there were signs that could be put up.
Public Works Director Dennis McCarthy referred to signs indicating the
carry in/carry out policy. One of the
problems is that the State does not deal with trash, he said.
Selectman Jenness
stated that Jenness State Beach used to have barrels, but is now carry in/carry
out. The barrels used to fill up and
overflow overnight, and that attracted seagulls. In an effort to clean up the problem the
barrels were removed completely.
However, people are not carrying trash out. There are a number of groups that clean up
the beach, but you would not know it. The
problem is that some of the people that litter do not read, she said.
Dennis McCarthy said
that the State’s theory is that there is less trash on the ground without the
barrels as they are an “attractive nuisance.”
We can never keep up, he said. Whatever
barrels are placed will be full, he said.
He referred to the multiplicity of signs relating to dogs, trash and
alcohol. There are two or three
signposts at each of the Town’s access locations. There is no trash enforcement, he said.
Police Chief Kevin
Walsh stated that littering enforcement is labor intensive. He referred to guessing games with dog waste
bags left in a pile.
Peter Crawford stated
that he believes that signs are needed.
He said that Lori Carbajal, who is on the Beach Committee, was unable to
attend but called him. She is very
strongly against trash and wants to increase the fine for littering to
$1000. He does not personally agree with
that, but something needs to be done. It
is a big problem, he said.
Mr. McCarthy questioned
the effectiveness of the signs. He
referred to cigarette packages, beer bottles and lottery tickets being the “big
three” of littering items.
Selectman Musselman
asked whether it was worse at Jenness Beach.
Mr. McCarthy said that it is everywhere.
Selectman Musselman said that he had noticed problems at Jenness Beach,
but not at the southern end of Wallis Sands.
There are more people from out of state at Jenness Beach, he said.
Randy Crapo said that,
if Rye General Store were issued a liquor license they wouldn’t have to worry
about any bottles or cans coming out of there.
Editor’s note: See the notes of the April 11, 2016 meeting
at which the Selectmen and Police Chief determined that they had no objection
to a liquor license for Johnny O’s Oyster Bar.
That was followed by heating discussion, including comments by Mr.
Crapo, regarding reasons why a liquor license for Rye General Store had been
denied under allegedly similar circumstances.
Red Mill Lane culverts (79:22 elapsed)
Public Works Director
Dennis McCarthy stated that he was going to provide a quick update. He has a couple of sketches. There is no decision for the Selectmen to
make yet. Some guidance has been
obtained from the State and the Town will be applying for permits. It will be bid without permits. The configuration will be precast concrete
structures without arches which will make them a little cheaper. They are about 16 feet wide with no
bottoms. The old ones were more narrow,
but the waterway is wider, he said.
Selectman Musselman
said that it looks fine.
Mr. McCarthy said that
an attempt to go with “where is, as is,” as was done with the Wallis Rd.
culvert, did not fly. They want to get
these two out to bid in December. They
do not believe that the Town has appropriated enough money, but perhaps other
funds can be used, he said. The size
that the culverts needed to be was not anticipated at the beginning, he said.
Selectman Musselman
said that today was a high tide, but tomorrow it will be a couple of inches
higher. Awcomin Marsh is a lake at high
tide today. He said that 50 years from
now Ocean Blvd. south of Rye Harbor will be under water. There will be houses with water on their
first floor, he said.
Hiring of person for Public Works (84:30 elapsed)
Mr. McCarthy handed a
resume to the Selectmen. Typically they
advertise for help. There is a guy
employed by Public Works that will likely be leaving. The candidate’s buddy is Josh Blaisdell whom
they hired recently. He has been a
tremendous worker, he said. Mr.
Blaisdell and the candidate had worked together at Pease. There are no full-time openings, but this
candidate is looking for part time work.
The position would be eight hours every other week. The amount is budgeted as a current employee
is interviewing for other positions and will likely be leaving. The candidate is in his 40s, he said. Selectman Musselman appeared to be in
agreement, but there was no motion or formal statement that the hiring was
acceptable.
Pole guy placement on Grove Rd. (87:20 elapsed)
Mr. McCarthy stated
that this would not be in the right of way.
It would be a sidewalk guy that drops onto Town property, he said. It will be two feet off the fence, he said.
Selectman Musselman
said “you’re good.”
E-mail from Lucy Neiman resigning from Energy Committee (88:00 elapsed)
The motion to accept
her resignation with regret carried unanimously.
Selectman Musselman
said that he had been talking with Ms. Neiman about having her back on a
committee if the Town gets going on a building project. She looked at him like he was nuts, he
said. He said that she is very level
headed and a good mechanical engineer.
Letter from Sara Hall resigning from Heritage Commission (88:40 elapsed)
Selectman Jenness said
that Ms. Hall has become so busy that she cannot make it. The motion to accept her resignation with
regret carried unanimously.
Letter from South Hampton regarding purchase
of Rye’s ambulance (88:59 elapsed)
Selectman Musselman
said that the letter said that South Hampton had learned that Rye may be
interested in disposing of its current ambulance. Editor’s
note: In 2016, the Town voted $275,000
to purchase a new ambulance. While the
warrant article describes this as a replacement, Interim Fire Chief Tom Lambert
has proposed that the existing ambulance be retained as a backup based on the
low trade-in offer and possible additional revenues when a second ambulance
call comes in and the first ambulance is busy.
Staffing for the second ambulance would come from replacement personnel
called to the Public Safety Building to replace staff handling the first
call. See the notes of the August 22,
2016 meeting. Selectman Musselman
said that South Hampton is thinking of a warrant article for Town Meeting, so
any conversation with them would need to occur within the next month. He suggested that they be given Chief
Lambert’s contact information.
Selectman Musselman
asked whether there was an appraisal service for ambulances so that they could
know what is reasonable.
Town Administrator
Magnant said that, when the issue was discussed before, the issue had been
deferred until after the meeting with North Hampton on consolidation.
Selectman Musselman
said that he thought that keeping the ambulance would provide net revenue,
rather than cost. He wondered how they
became aware that the ambulance might be for sale. Selectman Musselman referred to a prior
discussion regarding how a second ambulance call would be handled.
Mr. Magnant confirmed,
and said that the Selectmen had had questions about how that would work.
Selectman Musselman
asked Chief Lambert whether he had been working on the operational aspects and
the economics.
Mr. Magnant stated that
it had been left up in the air pending conversations with North Hampton
regarding mutual equipment needs.
Selectman Musselman
asked about the status of the North Hampton discussions. Mr. Magnant said that they had been very busy
but there would be a meeting soon.
Editor’s note: There was a
meeting on December 1, 2016. See: http://www.townhallstreams.com/locations/north-hampton-nh/events/36564/north_hampton_nh.
Selectman Musselman
said that they should write to South Hampton saying that a decision had not yet
been made to sell the ambulance. In the
meantime, they are welcome to come look at the ambulance and make an
offer. He said that they did not expect
to be in a position to make a decision by early January.
Selectman Musselman
asked how long it would take two replacement personnel to arrive after two
firefighters go out on an ambulance call.
Chief Lambert says that it depends on the distance that they must come
from. There are firefighters that live in
Rye and others that live as far away as Epping.
It could be four minutes or fifteen minutes, but is not an hour and a
half, he said.
Selectman Musselman
asked how often a second call comes in when the first ambulance is out. Chief Lambert said that that data is not
tracked, but they could look into providing the information.
Selectman Musselman
said that looking into that would be helpful.
The question is whether it is every six months, once a month, or every
week, he said. An approximation of the
likely demand is needed, he said.
Selectman Jenness asked
whether more personnel would need to be hired.
Selectman Musselman
stated that that would not be done. The
ambulance would be there for use if a second crew was in the building and
another call came in. “All of those
ifs,” he said. He added that maintenance
would be required and would cost something.
Letter from National Park Service regarding
Outer Marker site (86:24 elapsed)
Selectman Musselman
said that the letter requests a report, which can be assigned to the Town
Administrator, with input from the Recreation Department, regarding what is
being done with the Outer Marker site.
He said that the site was turned over to the Town with the condition
that it would have to be used for recreation.
Mr. Magnant said that
he had looked at the file and the property had been given to the Town in 1980
with that proviso. There had been a
similar admonishment in the mid 1980s. At
that point the Selectmen had written back with a description of a plan to turn
it into a picnic area and demolish the building. It does not appear that anyone ever acted on
that, he said.
Selectman Jenness said
that it would become another location with trash.
Selectman Musselman
asked whether there was a view of the marsh.
Public Works Director
Dennis McCarthy said that there is some, but the growth would need to be
cleaned up. Mr. McCarthy said that the
site provided a radio signal indicating to aircraft that they were over the
Outer Marker which informed them that they were on the correct flight
path. Aircraft were supposed to be at a
particular elevation at that point. One
of their issues had to do with the fact that the site is locked up. We could tear the fence down, he said. Public Works mows the site, he said.
Selectman Musselman
asked what the fence was protecting. Mr.
McCarthy responded that it was protecting the building, however that was in bad
shape until a scout painted it as part of an Eagle Scout project. However, it has deteriorated again, he
said. There is no heat or power. There is old Fire Department equipment stored
there, he said.
Selectman Jenness asked
whether there was a mold issue. Mr.
McCarthy said that what was stored there was not subject to mold. Selectman Jenness said that old papers and
books had been stored there. Mr.
McCarthy said that that was no longer the case.
Selectman Musselman
suggested that the fence be taken down, the building retained, left locked, the sign be put back
up, and the property called a park. A
letter could then be sent to the National Park Service. He made a motion to authorize the Public
Works Department to take the fence down, reinstall the sign and officially name
the site “Outer Marker Park.” Selectman
Jenness seconded. All were in favor.
Mr. Magnant stated that
the National Park Service was also looking for a small appropriation for
maintenance. Mr. McCarthy said that
money from the Public Works budget was spent for mowing and could he provide
the dates on which mowing was done.
“That would be good in the official report,” Selectman Jenness
said.
Randy Crapo suggested
that a cell tower be put there. The
response was that that was not possible as the site was designated for
recreation.
All were in favor of
Selectman Musselman’s motion.
Acceptance of Marjorie Way as a town road (102:56 elapsed)
Selectman Musselman
said that the town had voted by a wide margin several years ago to accept the
road when it was ready. It is now ready,
he said. The motion to accept the road
carried unanimously.
There was discussion
regarding a “no salt” restriction placed on the road by the Planning
Board. We will adhere to that, for now,
Public Works Director Dennis McCarthy said.
That is because of the wells, he said.
We will see if sand works out, he said, stating that his concern is the
hill there. He said that Garland Rd. is
reduced salt. They use half as much salt
as normal there, he said.
Selectman Musselman
said that the issue is sodium, not chloride.
The public safety hazard outweighs the health issue. Mr. McCarthy said that the Selectmen could
override the Planning Board. Selectman
Musselman said that he had worked with Selectman Jenness a number of years ago
in making Grove Rd. a reduced salt road.
Mr. McCarthy confirmed that Grove Rd. is a single pass road, with half
as much salt used.
Email from Phil Winslow regarding Coastal Risk Commission (106:20
elapsed)
Selectman Musselman
said that it is not clear what the Commission wants the Town to do. Selectman Jenness said that, in many ways, it
is a raising of consciousness.
Selectman Musselman
said that people do not have a clue regarding the 50 and 100 year impact of sea
level rise on low lying properties. With
the tide levels earlier in the day, there a number of homes that, in the worst
of tides, have water right at the structure, he said. Selectman Jenness added that that is without
any wind at all and the streets are under water. Selectman Musselman said that, after adding
2-3 feet of storm surge and sea level rise there would be a significant
problem.
Selectman Musselman
said that, from the Town’s perspective, it should make sure that the public
facilities are OK. He referred to the
Church St. and Jenness Beach pumping stations as well as culverts and
bridges. All of these are probably OK,
except possibly the Jenness Beach Pumping Station, he said.
Selectman Jenness said
that the Jenness Beach station is much lower.
For years the tide has come down Cable Rd. Extension, she said. Selectman Musselman said that the issue in
Rye is the impact on the current housing stock.
Selectman Jenness said that the Planning Board is addressing.
There was discussion
indicating that the FEMA flood maps do not take into account sea level rise.
Budget Work Session and proposed warrant articles (111:22 elapsed)
There was discussion
about a dog waste ordinance and its relationship to the Parsons Creek
Watershed. Police Chief Kevin Walsh
stated that he had met with Kim Reed regarding the issue.
Selectman Musselman
said that what was proposed was a good warrant article.
Selectman Musselman
asked Chief Walsh whether he was working on a warrant article regarding
dogs. Chief Walsh stated that he
is. Data on the numbers of dogs at the
beach is being gathered, he said.
Selectman Musselman
suggested that, if there is to be a leash ordinance, whether dogs could be
permitted to run free on Foss Beach.
Chief Walsh said that the Town could make changes. Selectman Musselman guessed that Foss Beach
gets only ten percent of the traffic.
There is always parking available there, Public Works Director Dennis
McCarthy said. It is very crowded when
the whales show up, he said. Editor’s note: During this past summer a large dead whale
washed ashore on Foss Beach. See the
notes of the July 11, 2016 meeting.
There was discussion
about the tidal cycle at Foss Beach resulting in no beach at certain times, and
the need for those using the beach to watch the tides.
Repair of Public Safety Building portico (117:00 elapsed)
Town Administrator
Magnant stated that he is seeking permission to do this repair. There is some rot and decay, he said. Three bids were received, one for $4300, one
in the mid-$6000 range, and a high bid of $9800. The low bid is not preferred as there were
exceptions. The roof would be
replaced. The exceptions included
plumbing and electrical which would be $45 per hour if problems are found, he
said. The motion to go with Northeast
Seacoast Property Maintenance, which bid for $6022.60, carried unanimously.
Jenness Beach Bathhouse (119:50 elapsed)
Editor’s note: See the comments
from Ryan McGill in the public comment section earlier in the meeting. Click here.
Selectman Musselman
referred to the discussion earlier in the meeting regarding this. The Civil Engineer is BHB, which is probably
the preeminent firm in New Hampshire. It
is not appropriate for the Selectmen to comment about the bike lanes and
bollards that were referred to earlier.
He was anticipating that the concern was going to be with the scale,
height and massing of the building. He
said that he had looked at that earlier in the day. It is indeed 25 feet tall and doesn’t need to
be. It would fit in fine in North
Hampton and at Wallis Sands. It is a
very steep roof and there is a cupola on top.
A less obtrusive building would be appropriate in that location. It would be a simple change and less
expensive for the State to build it with a lower profile, he said.
Selectman Musselman
suggested that DRED be asked to respond to whether the height could be
reduced. It could be 8-10 feet shorter
with the same function inside, he said.
He suggested that Mr. Magnant be asked to pass the message along to the
“powers that be,” now and in the future.
Editor’s note: This is an apparent reference to the upcoming
change in the governor and the Executive Council as a result of the November 8,
2016 election.
Randy Crapo said that
the objection that it was too big had been passed on all along.
Selectman Jenness said
that the traffic pattern should also be left as it is. She said that it doesn’t hurt to make a
suggestion, but not in a way that it appears that they are trying to dictate
anything. The massing is a concern, she
said.
In response to a
question from Selectman Musselman, Selectman Jenness said that she was OK with
Mr. Magnant passing their views along.
Event permit Gosport Chowder Club (126:30 elapsed)
Police Chief Kevin
Walsh noted a change in the route for the race.
That led to discussion regarding Mr. Magnant’s participation in that
race two years earlier. The motion to
approve the event permit carried unanimously.
Adjournment (127:30 elapsed)
Whereupon the meeting
adjourned at approximately 8:44 p.m.