NOTES OF FEBRUARY 13, 2017 RYE BOARD OF SELECTMEN MEETING

Final Revision B – Provided by the Rye Civic League

 

            Present (clockwise around table):  Town Administrator Michael Magnant, Selectmen Craig Musselman and Priscilla Jenness, Not present:  Finance Director Cyndi Gillespie, Selectman Joseph Mills.

 

            Also present and sitting in the audience:  Interim Fire Chief Tom Lambert, Police Chief Kevin Walsh. 

Persons present from the public included:  Victor Azzi, Greg Bauer, Lori Carbajal, Peter Crawford, Steve Hillman, Howard Kalet, 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 6:32:08 p.m. (0:00 elapsed).

 

Summary

 

1.      A resident pointed out that, contrary to what was suggested by the Selectmen at the Deliberative Session as justification to turn a petitioned warrant article on its head, Town Meeting approval is needed to alter the location of town roads.

2.      An RFP will be drafted to obtain solar energy bids for various Town, School District and Water District sites.

3.      The Police Chief is looking to hire a new part-time Animal Control Officer as the current officer transitions to a more administrative role.

4.      Parking issues dominated the Beach Committee’s annual report.  The State has still not responded to the Town’s request to install parking kiosks along Ocean Blvd.

5.      The State has asked that two Rye landfills be tested for PFCs.  Selectman Musselman then answered a number of questions about these landfills.

 

Announcements

 

            There were no announcements other than voting.  Editor’s note:  The Town Election is always the second Tuesday in March:  this year March 14, 2017.

 

Public comment:  misleading statement at Deliberative Session re Selectmen’s independent authority to discontinue roads (1:20 elapsed)

 

            Peter Crawford said that, after the discussion regarding Article 31 at the Deliberative Session, he had done some research and discovered that some of the information provided had not been quite complete.  Whenever the Town discontinues a road, it must be voted on by Town Meeting.  It cannot be done by just the Selectmen.  There is an RSA on that, he said.  Mr. Crawford passed out a number of sheets of paper to the Selectmen. 

            Selectman Jenness asked about the reference to Article 31. 

            Mr. Crawford explained that that article was to discontinue the Selectmen’s authority to buy and sell land.  It was reversed to reaffirm the article that was passed in 2002, he said. 

            Selectman Jenness asked about one of the sheets that Mr. Crawford had passed out. 

            Mr. Crawford referred to Articles 11 and 12 from 2013, which discontinued two roads.  They also authorized the Selectmen to transfer certain land by quitclaim deed.  That is in accordance with the statutory procedure if you look at RSA 23:43.  Editor’s note:  He meant RSA 231:43. Mr. Crawford also referred to Marrone v. Town of Hampton, 123 N.H. 729 (1983).  The case specifically says that the Selectmen cannot discontinue a public road without getting Town Meeting approval, he said.

            Selectman Musselman asked when they had discontinued a town road.

            Mr. Crawford said that this was what Article 11 and 12 did, back in 2013, following the required procedure.  At the Deliberative Session, one of the reasons for Selectman Musselman’s amendment was that the Selectmen needed the ability to buy and sell small pieces of land.  Editor’s note:  See the video of the Deliberative Session, part three at https://vimeo.com/202797554/, 4:22 elapsed, and the notes of the Deliberative Session.

            Selectman Musselman interjected “at times,” and acknowledged that he had used those as examples.

            Mr. Crawford said that he was making the point that this had been misleading.  He asked that the Selectmen change their recommendation back to “not recommended,” as it was under false pretenses that Selectman Musselman had gotten the people at the meeting to neuter the article.  Editor’s note:  Originally, Article 31 had proposed that Article 12 of the 2002 Town Meeting, which gives the Selectmen the authority to buy and sell land or buildings without voter approval, be rescinded.  Prior to the Deliberative Session, the Selectmen had voted 2-0 not to recommend the article.  However, after the article was amended at the Deliberative Session such that it would reaffirm Article 12 of the 2002 Town Meeting, the Selectmen voted 2-0 to recommend the amended warrant article.

 

Sealing of minutes (4:14 elapsed)

 

            The motion of Selectman Jenness to seal the minutes of the non-public session just concluded carried unanimously.

 

Consent Agenda (4:24 elapsed)

 

            Selectman Musselman said that he wanted to pull item (a), the Investment Policy adoption off of the Consent Agenda.  He referred to the other items, which are an e-mail from Jim Splaine relating to a work session, a letter from John Sherman relating to threatening behavior towards his wife Katy for expressing her thoughts on beach issues in town, which he said he understands that the Police Chief has been looking into, and an e-mail from Shawn Joyce regarding consideration for appointment to the Conservation Commission.  I think he has been referred to the Chairman of the Conservation Commission, he said. 

            Selectman Jenness moved to place items (b), (c) and (d) of the Consent Agenda on record. 

            Victor Azzi asked whether those would be discussed. 

            The Selectmen indicated that they would not be.

            Mr. Azzi said that he would then like to make a public comment. 

            Selectman Musselman reopened the public comment period for Mr. Azzi.

 

Public comment on Coakley Landfill options and remedies (16:35 elapsed)

 

            Mr. Azzi said that he continues to follow, with increasing interest, the oddessy of the Coakley Landfill and related things.  It seems that this is just growing in the degree of possible concern and increasing radius surrounding the Landfill.  He asked where the focus of concern with regard to the leadership of the Town of Rye is to provide for the health, well-being and safety of the residents of Rye as we read about the Coakley Landfill and the migrating plume flowing northeasterly from the unlined landfill site and the related, or maybe unrelated, landfill at the corner of Washington, Breakfast Hill, and Lafayette Roads.  That is another unlined landfill that is probably contributing to the plume, he said.  It is endangering lands that are subject to development and those that are being developed as well as fresh and salt water bodies and water supplies, including wells and aquifers.  He asked who representing the Town of Rye was putting all of this together. 

            Selectman Musselman thanked Mr. Azzi, but did not respond until the end of the meeting. 

            Mr. Azzi said that he had a question.

            Selectman Musselman said that that was not the purpose of the public comment period.

            Mr. Azzi asked the Selectmen to look into the issue and come back to this meeting in the very near future.

 

Consent agenda vote (10:10 elapsed)

 

            All were in favor of the motion to place items (b), (c) and (d) on record.

 

Investment policy adoption (10:30 elapsed)

 

            Selectman Musselman said that he had pulled this off as he could not tell what had been changed.

            Town Administrator Magnant said that Town Finance Director Cyndi Gillespie had worked on the policy with Town Treasurer Jane Ireland.  He said that Ms. Gillespie was ill and was thus not in attendance. 

            It was agreed that the matter would be tabled.

 

Minutes (11:07 elapsed)

 

            The minutes of the January 5, 2017 meeting were unanimously approved with changes.

            The minutes of January 17, 2017 were tabled after Selectman Musselman noted that page two was missing.  Certain corrections were noted beforehand.

            The minutes of the January 23, 2017 meeting were unanimously approved with changes

            The minutes of the non-public session of the same day were unanimously approved without changes.

            The minutes of the February 4, 2017 meeting were unanimously approved without changes.

 

Grading of beach in front of 19 “F” Street (18:30 elapsed)

 

            Greg Bauer addressed.  He said that Eben Lewis of the State had granted a wetlands permit.  The owner is complaining of a foot of sand in his yard in the spring.  The work to remove the sand will take half a day, he said.

            The motion to approve use of the town’s access to the beach carried unanimously.

            Steve Hillman asked whether input could be provided.  Editor’s note:  Mr. Hillman is a member of the Beach Committee. 

            Selectman Musselman said that it was not a public hearing.  He added that the Selectmen’s only role is allowing access to the beach. 

            Mr. Hillman said that “F” Street is a bastion of craziness, with potted plants and cones positioned to deny access.  He referred to uneven sand being used to further deny access to the beach.

            Selectman Musselman asked Town Administrator Magnant to ensure that there is a smooth transition in the level of the sand. 

            Victor Azzi asked about the depth of the sand. 

            Selectman Musselman referred to it being due to natural accretion.  The impact is 1650 sq. ft., of which 212 sq. ft. is permanent.  There is 53 feet of frontage, he said. 

            Town Administrator Magnant read language from the permit relating to grading.

           

Energy Committee “Button Up” program (24:23 elapsed)

 

            Howard Kalet of the Energy Committee addressed.  He said that he wanted to be sure that the Selectmen were aware of the program and could comment.  He spoke about solar energy programs.  Systems should be sized to meet 80-90 percent of the need to be economical.  Solar cell lives are similar to those of roofs:  25-30 years.  It is not a good idea to put solar panels on an old roof.  The roof under the panels does not age much, but there is aging around the edges.  Mr. Kalet provided statistics for average New Hampshire houses.  Electric bills average $115 monthly, or 621 kw (sic).  Editor’s note:  He probably meant kwh.  Mr. Kalet said that the Town is not committed in any way.

            Selectman Musselman referred to the fine print in the contracts.  He said that the homeowner would pay a high cost if the roof is re-shingled.  The structural analysis of the roof’s ability to handle the load is often done by tradesmen and not structural engineers, he said. 

            Mr. Kalet referred to two ways to do solar.  The first is to write a check.  The second is like leasing a car. 

            Selectman Musselman said that it is fine for the Energy Committee to provide information.

 

RFP for solar system installation (36:23 elapsed)

 

            Howard Kalet again addressed.  A number of locations in town are being considered.  The Elementary School is a possibility.  There is concern with the flat roof.

            Selectman Musselman said that there is no question that a New Hampshire licensed structural engineer would be needed.

            Mr. Kalet referred to the possibility of the Junior High School.  It is in the Historic District, so the only possibility is putting the panels on the gym roof so they cannot be seen from the street.

            With regard to the Public Safety Building, Mr. Kalet said that he had walked around the building with Chief Walsh to find locations that cannot be seen from the street. 

            There was discussion about locating the panels behind the Public Safety Building, but that is used for snow storage.  Mr. Kalet said that Public Works Director Dennis McCarthy had told him that that this area had only been used twice in seven years for that purpose.  It might not be cost effective due to the cost of steel to elevate the panels above the water level, he said.

            Selectman Musselman spoke of the need to conduct scarification every 5-10 years to get rid of the fines.  That would not be possible with solar panels installed there, he said. 

            Selectman Jenness expressed concern about the size of the panels needed, as the Public Safety Building is so large. 

            Mr. Kalet responded that the Public Safety Building uses oil heat, and this would be only for electric use. 

            There was discussion about using other town land, however it was determined that there would need to be a building present for the most economical application.  Savings are 18 cents per kwh if the panels connect behind the electric meter, but only half of that if they connect on the outside of the meter, Mr. Kalet said.

            Mr. Kalet said that he had also spoken with Public Works and Ken Aspen of the Rye Water District.  The Water District believes that there would be opportunities as they use a lot of power, he said.  Selectman Musselman said that they also have a lot of land available. 

            There was further discussion of the process leading to an RFP.  Selectman Musselman said that all buildings should be evaluated by a professional engineer.  The proposals for the schools should not go to us as we cannot act on them, Selectmen Musselman said.  Selectman Jenness added that that would also apply to the Rye Water District.  Selectman Musselman said that Town Attorney Donovan should review the RFP. 

            Selectman Musselman noted that he had been on the phone earlier that day with someone whose roof with solar panels had collapsed due to the snow. 

            Mr. Kalet said that, in theory, lag bolts connect the panels to the joists. 

            Selectman Musselman referred to some buildings from the 1980s and 1990s not being designed to handle adequate snow loads for the area.

 

Eversource 2017 work (54:42 elapsed)

 

            Selectman Jenness said that they had been working and working. 

            Selectman Musselman said that he had received a letter the prior week that they are doing his road.  There is a flyer to respond with to approve or to request a call.  He said that it was unclear whether Eversource could be asked to do nothing.

            Peter Crawford said that there was a statement in the flyer that, if you didn’t respond within a particular period of time it would be assumed that everything was OK.  People should know that they need to respond, he said. 

            Selectman Musselman said that it would be in the residents’ piles of mail somewhere.  He said that they would do a similar letter to what had been done before.  He asked whether one had not been sent out for Washington Rd.  Town Administrator Magnant confirmed.  Selectman Musselman said that they needed to find out what was planned.

            Howard Kalet asked if anyone knew about the work that remained to be done on Washington Rd. 

            Selectman Musselman said that he did not know, but Public Works Director Dennis McCarthy had been working with them, and should know.  He is not here, he said. 

            Larry Rocha referred to one of the poles on Perkins Rd. having snapped in half the prior night.  There were Eversource and FairPoint trucks there.  All new lines were needed for the entire road.  A new pole was installed at about 4:00 a.m., he said. 

            Selectman Musselman said that there would likely not be a meeting on February 26 (sic) and that Eversource would need to reschedule to the second Monday in March.  Editor’s note:  He apparently meant February 27 as the 26th is a Sunday.

 

FEMA flood plain maps appeal resolution (57:36 elapsed)

 

            Town Administrator Magnant said that this was “just an FYI.”  The one appeal of the maps from Rye was denied after the scientific panel looked at it, he said.  That should open the door for the new maps, he said.

            Selectman Musselman said that he had read in their response only “no,” whereas the homeowner had put together thick reports. 

            Selectman Jenness asked what would happen to the homeowner now.

            Mr. Magnant said that he understood that there was no more appeal possible.  They are working with FEMA on the mitigation aspect of what needs to be done to bring the home into compliance.

            Selectman Musselman said that they had cooperated with the resident who wanted to spend money and appeal. 

 

Part-time Animal Control Officer (59:10 elapsed)

 

            Police Chief Kevin Walsh addressed.  He said that Greg Kendall wants to step back from his responsibilities but still wants to be part of the team.  Chief Walsh said that he still sees a benefit from having him help with dog licensing and other administrative functions, as well as helping with the handing out of educational flyers at the beginning of the season.  He could still handle the dog waste bag dispensers, he said. 

            The hours of the ACO and Mr. Kendall will fit into the same budget plan.  There would be two people doing the tasks.  Chief Walsh said that he would be looking for the new Animal Control Officer to be more active with beach issues and ongoing issues.  In 2016 there were ten dog bites, he said.  They were not all down at the beach.  The dogs need to be checked to make sure they were vaccinated.  A follow-up with the owners needs to be done with respect to quarantining of the dogs.  Medical issues need to be double checked.  Sometimes, people want the police to be involved due to hospital bills.  That’s not our role, that’s a civil process, he said.  This would allow dog issues to be put off on the Animal Control Officer, leaving quality of life issues to be addressed by the other officers, he said. 

            There was discussion about posting the job and possible sources of applicants.

            Larry Rocha said that there are dog walking businesses setting up operation in Rye.  One is moving to our street, he said.  He asked whether these needed to be registered.

            Chief Walsh responded “no.”  Selectman Musselman said that there is no ordinance with regard to that. 

            Editor’s note:  See the notes of the 2017 Deliberative Session, Part Two.  There was vigorous discussion of a leash law for town beaches proposed by Chief Walsh (Article 27).  Ultimately, the proposed tightening of the ordinance was nullified when the provision requiring a leash was applied only after dogs were found to not be under control. 

 

Beach Committee Annual Report (61:47 elapsed)

 

            Larry Rocha, Beach Committee Chairman, addressed.  He said that the Committee consisted of him, Lori Carbajal, Keper Connell and Steve Hillman.  He reported that Interim Fire Chief Tom Lambert had attended only one of the two meetings, but Police Chief Walsh attended both of them.  One of the biggest issues is parking, he said.  People are parking all over the place.  They recommend an increase in fines.  He also referred to the possibility of satellite parking.  They also recommend bike racks at certain locations and kiosks along Route 1A with the funds to be used for beach management, he said. 

            The Beach Committee was asked to count and document cars, Mr. Rocha said.  Most of the urination issues are occurring with the big RVs and mini vans parked on the side of the road.  I personally saw this happen three times, he said.  Mr. Rocha provided a count of cars on Saturday, September 3, 2016 at 8:30 a.m.  It was sunny with winds of 6 m.p.h.  The temperature was 65 degrees.  There were a total of 72 cars in the parking lot at Jenness Beach.  They were from:

 

                        New Hampshire                      25

                        Quebec (unclear)                     23 (including several large vans and trucks)

                        Massachusetts                         19

                        Vermont                                  4

                        Virginia                                   1

                        Total                                        72

 

Along Perkins Rd., the totals were:

 

                        New Hampshire                      3

                        Quebec                                    5

                        Massachusetts                         8

                        Connecticut                             2

                        Rhode Island                          1

                        Total                                        19

 

At Sawyers Beach at that time there were only three cars parked there. 

 

By 3:30, along Sawyers Beach the cars were:

 

                        New Hampshire (with stickers)                      12

                        New Hampshire (without stickers)                   3

                        Out-of-state (without stickers)                         2

 

Along Route 1A, going north from Jenness Beach:

 

                        New Hampshire                      4

                        Quebec                                    24 (of which 20 were huge RV vans)

                        Massachusetts                         5

 

Mr. Rocha said that they would like to see no parking west of Route 1A where residents live.  Parking on Route 1A would only be allowed on the beach side.  The number of large RVs that can park there would be limited, he said. 

            As you go down Route 1A south towards Hampton, there is no parking on either side of the road, he said.  The availability of parking on both sides of the road is what is drawing cars to Rye, he said.  He said that he did not know why they do not allow parking on either side, but Rye allows it on both sides.

            Selectman Musselman said that it is political. 

            Mr. Rocha said that the other issue is littering, although there are already fines.  Increased fines may be needed, he said.

            They are also recommending a $100 permit application fee.  Three of the four Committee members believe that there should be a fee if the permit is issued.  They are suggesting $500 as a profit is being made from the beach with the use of the permits, Mr. Rocha said.

            There are recommendations regarding flag placement and lifeguard training, he said. 

            Selectman Jenness said that Chief Walsh has generally suggested a particular fine based on juggling.

            Chief Walsh said that they had done surveys.  The last may have been 2015 or 2016.  Comparing Rye with other beach communities, Rye is at the medium or medium to high level.  As far as collecting, that is still ongoing for 2015 and 2016.  Three “hate mails” are sent out.  I’ve stopped people that have fines owed and I write a ticket with a “must appear” court date, he said. 

            Selectman Musselman asked whether the boot was being used after three. 

            Chief Walsh responded that the court summons was issued. 

            Selectman Musselman said that the boot could be used.

            Chief Walsh agreed, but added that they had only found use for that once. 

           

(71:36 elapsed)

            Selectman Musselman said that they had still not heard back from the State of New Hampshire regarding parking meters at Jenness Beach.  We have been awaiting a letter from the DOT Commissioner since last Spring.  We were in a hurry as we were going to have a warrant article for a capital appropriation.  We never heard from her.  We have written to Governor Sununu.  We need approval from DOT to install parking meters.  We need to induce an answer somehow, he said.  Editor’s note:  2016 Article 21, which provided for the Selectmen to proceed with considering the installation of parking meters along sections of Ocean Blvd., near both Jenness and Wallis Sands Beaches, passed 1054-395.  See also N.H. Rev. Stat. Ann. (“RSA”) 231:130 which specifically gives towns the authority to install parking meters “on any street.” 

            Selectman Musselman also said that he has come to agree with the Beach Committee that parking should be prohibited on Perkins Rd.  It is not wide enough, he said.  The behavior on that stretch has been terrible and their data show that the vehicles are from out-of-state and out of country.  People are flocking to fill that up before they use the space on Ocean Blvd., he said.  Dirty diapers are being left in mailboxes, people are urinating and things are being thrown into people’s yards, he said. 

            There is a new Selectmen coming on in March, Selectman Musselman said.  If Perkins is to be done, Cable and Locke Roads may also need to be done.  It’s stupid, we’re taxing Rye residents with people from out-of-state and out of country who are abusing the properties and they have parking readily available nearby. 

            Steve Hillman said that this is the cycle of the never ending problem.  There are places to pay to park, but people choose not to use them as they do not want to pay.  Putting kiosks up will do the same thing.  Prohibiting parking on certain roads will spread the problem to someone else’s road and then those people will complain until there will be no parking signs along every road leading to the beach.  Because the State encourages people to come, we get left with a lot of the work, he said.  The kiosks will not solve the problem. The problem will move and there always be this issue, he said. 

            Selectman Musselman agreed that the kiosks provide only income, but do not solve the problem.  He said that, initially, he had thought that remote parking might be the answer.  But, the economics of that are highly suspect.  That is similarly not a solution.  The same cost is paid when its raining to run the buses, he said. 

            Steve Hillman suggested contracting that out to Coast Bus.

            Selectman Musselman said that they would not touch something that they cannot make money on. 

            Mr. Hillman said that he agreed with the problem with RVs.  He suggested that the State be petitioned to limit the parking of RVs.  If those could be eliminated, a lot of people’s issues would also be eliminated, he said.

            Chief Walsh said that they are trying to do something in terms of a draft.  They have looked at Seabrook and other towns.  Everything has unintended consequences, he said. 

            Selectman Jenness suggested the need for a work session on beach, or beach parking issues.  People are asking why the kiosks have not been installed.  The residents are saying that they said that we wanted them and Nancy Stiles said we could have them, she said.  That is not what she said exactly, Selectman Jenness argued.  What she said was that we have to get the proper authority, she said.  Editor’s note:  That is not correct.  At the September 24, 2013 work session with the Board of Selectmen, Senator Stiles announced that the decision would be in the hands of the Selectmen.  See the notes of that meeting.  The official minutes state that Senator Stiles “explained that there is a State statute that allows communities to do this.  This would fall back into the hands of the Selectmen to make the determination of where they would like to locate the meters and if the meters would be seasonal or not.”  Selectman Jenness said that, if we got DOT to approve it, we still don’t know if we can keep any funds.  Editor’s note:  This question was answered in 2013.  See the minutes of the September 24, 2013 meeting.  Senator Stiles specifically said that the maintenance and installation of the meters would be at the cost of the town, but the revenues would go to the town.  See also RSA 231:130 which provides that towns may establish reasonable charges to be paid through the meters.   

            Selectman Musselman said that the State knows that.  If they thought that we would pay for the kiosks and they could keep the money, we would have heard from them already, he said.

            Peter Crawford referred to the second study that was done following the Tighe & Bond study.  He said that their representative had reported that pay by cell phone could be done.    Editor’s note:  See the notes of the February 22, 2016 meeting.  The representative was John Burke.  Mr. Crawford said that the side streets could be done as pay by cell phone or with resident parking as an alternative. 

            Selectman Musselman said that there is not enough shoulder on the side streets.

            Mr. Crawford said that while some of them need to be “no parking.”  The ones that are not should be paid for up to a certain distance from the beach, whether it is a quarter mile or a half mile, he said. 

            Mr. Crawford referred to the Governor now being from a different party and the assumption that the DOT Director is out, with a Republican coming in. 

            Selectman Musselman said that he did not know.  She may have a contract, he said.  Mr. Magnant said that usually they serve a term. 

            Lori Carbajal referred to questions from people about having a Porta Potty at Sawyers.  The beautiful bathroom proposed is not accessible at low tide, she said. 

            She referred to the lack of enforcement as indicated by the photos passed out by Mr. Rocha.  There are not supposed to be campers in the lot at Jenness Beach, but they are parked there all of the time, she said.  There’s nobody there to monitor it, she said.  She suggested 5-7 spots with permit parking on Perkins Rd. for the disabled and others who cannot get over the shale pile at Sawyers Beach.  The chances of finding a nearby spot on a nice Saturday are slim to none.

            Ms. Carbajal suggested “up to” signs for littering fines.  She referred to a lot of garbage being strewn on Love Ln. 

            Steve Hillman suggested a firm date for permit applications.  Someone said that it was already established for March 1.  Chief Walsh said that the letters had already been sent out. 

            Mr. Hillman suggested that dog walking businesses should have a beach permit. 

            Chief Walsh said that the dog walking businesses are most common in the Town Forest.

            Selectman Jenness referred to advertisements in New York City encouraging vacations for dogs on New Hampshire beaches. 

            Chief Walsh said that Rye has a nine mile long coast.  It is hard to chase down the dog walking businesses.  He said that, with all of the issues, he is going to be asking for more people.  If the State finds out that we are making even $.01 on parking, it will be gone quickly, he said.  He referred to the State taking money from the penalty assessments, he said.  That is because the motor vehicle tickets are making money and the other governing bodies are tapping into it.  Now, the Board of Selectmen has total say on what happens on Ocean Blvd.  We have to go through the State for permission, but every time we do, the Board has gotten their way.  That will not happen if we charge for spaces, he said.

 

AB10 Insurance Option (93:22 elapsed)

 

            Town Administrator Magnant said that Ms. Gillespie is working on this and explained the need to act quickly.  Selectman Musselman moved to offer the same benefits to town employees as is offered to the three unions.  Selectman Jenness seconded.  Mr. Maganant suggested that the motion be contingent on an affirmative vote on the union agreements at March Town Meeting.  Selectman Musselman agreed.  All were in favor. 

 

COLA 2.5% for non-union employees (94:56 elapsed)

 

            Selectman Musselman suggested that this should be put off until after the Town Meeting vote and put on the agenda for the meeting after that.  At that point, there will be a third selectman, he said.

 

Other business:  sampling at Town wells  (95:17 elapsed)

 

            There being no new or old business, Selectman Musselman said that he had other business.  He said that they had had contact from NHDES in the past week regarding the sampling of wells at the town’s landfills for PFCs.  That is a group of contaminants that many of you have been reading about in the paper, he said.  DES would like us to add PFC analysis, which is costly, to the May 2017 testing which is being conducted at the Breakfast Hill and Grove Rd. landfills.  They are particularly interested in the former as it is adjacent to the Coakley site.  I’m not sure what their interest is, he said, because it flows in an easterly direction away from the Coakley Landfill.  Also, the Breakfast Hill Landfill is higher than the Coakley Landfill, so some physical laws would need to be broken for Coakley to have any impact on Breakfast Hill, he said.  Editor’s note:  The Grove Rd. Landfill is across from the Transfer Center in Rye.  The Breakfast Hill Landfill is on the southwest corner of the intersection between Ocean Blvd. and Breakfast Hill Rd., in Rye, but on the border with Greenland.  The Coakley Landfill is southwest of that, and not in Rye.

             Selectman Musselman said that they planned to do as much sampling as could be done, both down gradient and up gradient, from both landfill sites.  I kind of suspected that they would have more interest in the Grove Rd. Landfill due to proximity to the Rye Water District well which has low levels of PFCs in it.  They are doing this for every unlined landfill in New Hampshire in 2017 and 2018.  They are also trying to get surface water samples at each site.  I explained that there is no surface water at either of these sites.  Berry’s Brook is three-quarters of a mile away and not a discharge point for the contaminants from the Breakfast Hill Landfill.  Both landfills have been monitored for a long time now, he said.  The former has shown some manganese contamination down gradient, he said.  Editor’s note:  Selectman Musselman’s firm, CMA Engineers, does the sample collection and data interpretation related to these landfills for no charge to the Town of Rye.  The analysis of the samples is done by an outside laboratory.  CMA was involved in the closing of the Grove Road Landfill and is also believed to have had involvement with the Breakfast Hill Landfill.  Selectman Musselman said that there is a valid question as to whether the manganese is released from the soil or whether it is existing manganese concentrations that are in other wells.  There is a question as to whether the manganese has anything to do with the Breakfast Hill Landfill, he said.

            The Grove Road Landfill has been monitored for years and there are no indicators of contamination in the ground water, not even elevated specific conductance.  We will have some data in May, he said.  We will take a look at what that data shows and determine whether additional sampling and analysis is merited for 2018, under a separate budget, he said.

            Selectman Jenness asked about PFOs.  Selectman Musselman said that the term PFCs is used for a broad variety of contaminants.  The specific analyses have been enumerated.  We will get a quote from the Town’s laboratory, he said. 

            Frankly, I don’t expect to see, from landfill sources, those contaminants from either, Selectman Musselman said.  I would note that there is clear history in New Hampshire for the deposition of PFCs from atmospheric sources.  The fact that something shows up a half a mile, a thousand yards, or three miles away from the Coakley Landfill does not provide evidence to support that it may be from the Coakley Landfill.  It may well be from other sources, he said. 

            We will be one of the first communities to go through this process, Selectman Musselman said.  DES is getting together with other towns in April.  I explained to the gentlemen from DES that Rye will do what is required.  If there is a public health issue we need to do it correctly and in accordance with their requirements and funding availability, he said.

            Victor Azzi asked what the Board of Selectmen’s response would be to item B of the Consent Agenda.  Editor’s note:  That is the letter from Jim Splaine, Assistant Mayor of Portsmouth, regarding the Coakley Landfill.  Mr. Azzi had attempted to obtain a response from the Selectmen regarding that earlier in the meeting.  

            Selectman Musselman said that that was a request from one of nine members of the Portsmouth City Council.  We haven’t heard from Portsmouth.  We will respond when we hear from Portsmouth, he said. 

            Peter Crawford said that, although he does not recall the exact numbers, he had heard at the last Rye Water District Meeting about a current New Hampshire limit of 70 parts per trillion for PFCs.  The blending of two of their wells is at a 10-15 level.  There is speculation that the limit may be reduced to the Vermont level which may be 8 or 10.  The Water District is concerned that they may need to put in a water treatment plant to deal with this issue, he said.

            Selectman Musselman said that there are some activists that are talking about lowering it to 8 to 10.  I haven’t heard that, at all, from DES.  I expect DES to go through a process to gather data and figure out what this issue is.  That is going to take some time.  I think it’s very unlikely that there are going to be new, low, standards in 2017.  The data is not available to support that, he said.  Getting data from all over the State is one of the things that they are doing.  I’m sure that there are other activities that we are unaware of at DES regarding the setting of health standards, he said.  It is not something that you do by fiat, but something that you do based on detailed science and health-related analyses, he said.  The desires of individual citizens are not a basis to lower or raise the standards, he said.  They are at the beginning of a process to figure that out, he said.

            Lori Carbajal said that she knows that Coakley is behind North Hill Nursery in North Hampton.  A recent aerial shows a junkyard in the area that could be contributing contamination, she said.

            Selectman Musselman said that Coakley has lots of monitoring locations around it.  There is a lot of technical information that they, DES and EPA (since it is a Super Fund site) are looking at carefully. 

            Selectman Jenness noted that Rye never participated in Coakley.

            Selectman Musselman said that that is why the Breakfast Hill Landfill exists.  When Grove Road shut down the waste did not need to go to Coakley.  I understand that one of our Selectman’s husband insisted on that.  It was in retrospect a wise move, he said.  Editor’s note:  This is an apparent reference to Bill Jenness, the husband of Selectman Jenness. 

            Victor Azzi asked whether Breakfast Hill had been opened because of the Coakley closing. 

            Selectman Musselman said no, that Coakley and Breakfast Hill were both open at the same time. 

            Victor Azzi asked whether Breakfast Hill was a municipal operation.

            Selectman Musselman asserted that it was a Town of Rye operation accepting only waste from Rye.  It was lined in a fashion with trenches with layers of clay in the bottom.  It was eventually capped.  While it was operating rain could infiltrate through the trash and hit the clay.  It could eventually get into the groundwater, but it had a more circuitous path than if the clay was not underneath, he said.  That probably reduced the contamination reaching the ground water to some extent, he said.  It is not a modern day liner, he acknowledged.

            Victor Azzi asked whether it was only waste generated in Rye that was deposited there.  Selectman Musselman confirmed.  Both that and the Grove Road Landfill were local trash only, to the best of anyone’s knowledge, he said.  Grove Road was a burning dump, he said.  There was something in the paper saying that ash from the Pease incinerator may have been deposited in the Grove Rd. Landfill.  I can tell you categorically that that is not true, he said. 

            Selectman Jenness said that it smelled terribly as it was frequently set off with garbage. 

            Selectman Musselman said that the Pease ash, after Coakley closed, went to the Jones Ave. site in Portsmouth. 

            Victor Azzi asked how many landfills there were in Rye at the time.  The response was either one or two. 

            Selectman Musselman said that, with respect to the Grove Rd. Landfill, a conscious decision was made 15-20 years ago not to cap that.  The judgment was that capping it would likely release more contaminants into the groundwater near the Rye Water District well than leaving it alone.  It has been monitored for 15 years with little, if any, discernable water quality impact, which is what you’d expect from a very small, old, open burning dump.  Ten years ago New Hampshire stopped monitoring those sites and requiring that they be closed, he said. 

            Victor Azzi asked about continued Town ownership of the sites. 

            Selectman Musselman said that the Town owns the Grove Road Landfill, but not the Breakfast Hill Landfill.  It was, and still is, owned by the Ciborowski family.  Selectman Musselman looked at Town Administrator Magnant and asked him whether there was still an active lease.  

            Mr. Magnant said that he is not aware of a lease of one.

            Selectman Jenness said that the site had been offered by Carolyn Beaulieu as a swap relating to the development of a site down the road.  It was offered for low cost housing on top of the landfill.  That would not have worked, she said.

            Victor Azzi said that that was north of Breakfast Hill Rd.    

            Selectman Musselman said that he does not know what the relationship is between the Ciborowskis and the Town with regard to the landfill at this time.  I have never investigated that, he said.  There may not be anything.  They know that there was an old town landfill there because there was a lease at the time, he said. 

            Victor Azzi asked about the Carpenter property having been damaged by a migrating plume.  There was discussion about the location of that.

            Selectman Musselman said that there is no longer an outstanding issue on that.  He said that the only issue that he recalls, in his tenure here, is that the State asked us, with regard to manganese, which may be natural or may be from the landfill, to do an overlay zone in the down gradient direction from the Breakfast Hill Landfill indicating that none of those parcels would be used for potable water supply purposes.  Two or three years ago, that one of the Planning Board modifications voted up at Town Meeting, he said.

            Selectman Jenness said that the question was related to the big field on the corner across from the Carpenter’s home at the end of Washington Rd. 

            Selectman Musselman said that they have access to Rye Water District lines on three sides.  If they developed the site they wouldn’t put in a well anyway, he said.

            Selectman Jenness referred to a desire to place a gas station there at one point. 

            Selectman Musselman said that they didn’t hear from anyone when the overlay zone was put in place.  All abutters had to notified, he said.

            We are not ignoring things and there is nothing to hide, Selectman Musselman said.  All of the information is a matter of public record as is all of the information from Coakley Landfill.  With two or three days notice, they will roll out all of the carts with all of the information from day one.  It is a complex situation.  The down gradient direction heads towards surface water in both North Hampton and Rye.  It does not head towards ground water in Rye in an easterly direction, we’ve been apprised.  I have not personally reviewed all of the data, he said. 

 

Adjournment (117:06 elapsed)

 

            Whereupon the meeting adjourned at approximately 8:29 p.m.