{"id":1003,"date":"2013-09-28T12:03:48","date_gmt":"2013-09-28T12:03:48","guid":{"rendered":"https:\/\/ryecivicleague.org\/?p=1003"},"modified":"2024-06-20T05:25:23","modified_gmt":"2024-06-20T05:25:23","slug":"beach-use-ordinance-september-18-2013-rcl-meeting-notes","status":"publish","type":"post","link":"https:\/\/ryecivicleague.org\/?p=1003","title":{"rendered":"Beach Use Ordinance September 18, 2013 RCL meeting notes"},"content":{"rendered":"<p><!DOCTYPE html PUBLIC \"-\/\/W3C\/\/DTD HTML 4.0 Transitional\/\/EN\" \"http:\/\/www.w3.org\/TR\/REC-html40\/loose.dtd\"><br \/>\n<html><body><\/p>\n<p align=\"center\"><strong>NOTES OF SEPTEMBER 18, 2013 BEACH USE ORDINANCE COMMITTEE<\/strong><\/p>\n<p align=\"center\">Final Revision B &acirc;&euro;&ldquo; Provided by the Rye Civic League<\/p>\n<p>Committee members present (counter clockwise around table):&Acirc;&nbsp; Tom Farrelly, Katy Sherman, Bill Epperson, Del Record, Joe Mills, Mike LaBrie, Craig Musselman, Fire Chief Skip Sullivan (ex officio), Tyler McGill.&Acirc;&nbsp; Sitting in audience:&Acirc;&nbsp; Police Chief Kevin Walsh (ex officio).<\/p>\n<p>Video starts at 6:09:18 p.m. (0:00 elapsed)<\/p>\n<p><span style=\"text-decoration: underline;\">Approval of minutes (0:08 elapsed)<\/span><\/p>\n<p>The minutes of the prior meeting were approved with a minor change.<\/p>\n<p><span style=\"text-decoration: underline;\">Draft of Article 13 (2:47 elapsed)<\/span><\/p>\n<p>The modified article with changes from the prior meeting was discussed.&Acirc;&nbsp; There are now 9 beaches defined.&Acirc;&nbsp; Farragut Beach has been added.&Acirc;&nbsp; It is opposite the former location of the Farragut Hotel.&Acirc;&nbsp; A change was made to the background check provision after the Town attorney suggested that these checks not be formalized, due to liability concerns.&Acirc;&nbsp; Satellite images were viewed to locate all of the beaches.&Acirc;&nbsp; Sawyers Beach has been lengthened, to start at the pipes.<\/p>\n<p>Tyler McGill stated that the revised article is as agreed.&Acirc;&nbsp; There was discussion about the notarization requirement.&Acirc;&nbsp; Messrs. McGill, Epperson and Mills were in favor of removing the notarization requirement.&Acirc;&nbsp; Del Record abstained, stating that he is not in favor of the permit requirement and did not want his vote to suggest otherwise.<\/p>\n<p><span style=\"text-decoration: underline;\">Beach permit application (21:14 elapsed)<\/span><\/p>\n<p>The beach permit application was discussed, including the requirement that a 50 foot separation be maintained between surfers and all swimmers and lifeguard protected areas.&Acirc;&nbsp; There was discussion about kite surfing being removed and replaced by kayaks.&Acirc;&nbsp; That led into a discussion about someone having been cut by a paddleboard.&Acirc;&nbsp; The ambulance came, but there was no patient to be found.&Acirc;&nbsp; There was also discussion about someone having been run over by a kayak on August 11, 2013.<\/p>\n<p><span style=\"text-decoration: underline;\">Beach ordinance modifications and kayak incident (30:12 elapsed)<\/span><\/p>\n<p>It was determined that a review of the existing Beach Ordinance indicated that no other changes were needed, except one that Police Chief Walsh requested.&Acirc;&nbsp; Chief Walsh then described the incident with the kayak, which occurred on August 11 at Cable Rd. extension.&Acirc;&nbsp; A wave had caused the kayak to turn, and it went over the top of a swimmer, who was unable to get up for a time.&Acirc;&nbsp; There was nothing in the existing law for the officer to write the kayaker up for, other than possibly disorderly conduct.&Acirc;&nbsp; There was discussion as to whether a kayak was considered a boat and whether the language in the ordinance should be changed to &acirc;&euro;&oelig;watercraft.&acirc;&euro;<\/p>\n<p>The consensus appeared to be that this change did not relate to the permits for commercial activity that were under consideration.&Acirc;&nbsp; Chief Walsh stated that he would get together with the Fire Chief and discuss the change with the Chairman of the Beach Commission.&Acirc;&nbsp; Craig Musselman stated that the Board of Selectmen could change the ordinance after a public hearing.&Acirc;&nbsp; Joe Mills stated that it should be done after the March election.&Acirc;&nbsp; Then it would be in effect, but would not be voted on by the public until the following March.<\/p>\n<p><span style=\"text-decoration: underline;\">Next steps, public hearing (42:12 elapsed)<\/span><\/p>\n<p>After Mike LaBrie stated that the next step should be a public hearing, Craig Musselman moved that the proposed ordinance be submitted for public review and comment.&Acirc;&nbsp; Bill Epperson seconded the motion.&Acirc;&nbsp; All were in favor except Tyler McGill, who voted against, and Del Record, who abstained.<\/p>\n<p><span style=\"text-decoration: underline;\">Criteria for permit issuance (44:37 elapsed)<\/span><\/p>\n<p>Tom Farrelly then asked what the criteria would be for permit issuance, including how much beach would be allocated for various activities.&Acirc;&nbsp; Mike LaBrie responded that it would be up to the Board of Selectmen as they get requests for permits to feel this out, possibly with public input pushing or pulling.<\/p>\n<p>Tyler McGill inquired as to whether those supporting and opposing would be allowed input regarding the Summer Sessions application.&Acirc;&nbsp; Mike LaBrie responded that consideration of the application would occur at a public hearing. Craig Musselman interjected, &acirc;&euro;&oelig;no, no, no, there&acirc;&euro;&trade;s no public hearing here.&acirc;&euro;&Acirc;&nbsp; Tyler McGill then asked whether people would be permitted to speak pro and con on the Summer Sessions application.&Acirc;&nbsp; Craig Musselman responded that only a couple of applicants had even shown up at the meeting where the Selectmen considered their applications.&Acirc;&nbsp; There is not necessarily an opportunity for public comment, but the Selectmen rarely tell people that they cannot speak, Mr. Musselman said.&Acirc;&nbsp; Fire Chief Sullivan stated that the Beach Commission Chairman should be involved, &acirc;&euro;&oelig;if we have one.&acirc;&euro;&Acirc;&nbsp; <em>Editor&acirc;&euro;&trade;s note:&Acirc;&nbsp; Mike LaBrie has indicated that<\/em> <em>he is planning to resign as Beach Commission Chairman.&Acirc;&nbsp; <\/em>Joe Mills stated that, in his 22 years as Selectman, there has not been much controversy about permits until Tyler McGill showed up.<\/p>\n<p>Tom Farrelly and Katy Sherman expressed concern about commercial activity taking up public space on the beach.&Acirc;&nbsp; She asked whether the Police Chief would say no to two groups of 40 people.<\/p>\n<p><span style=\"text-decoration: underline;\">Setting of public hearing date (53:02 elapsed)<\/span><\/p>\n<p>October 9, 2013 and November 13, 2013 were considered as possible dates for the public hearing.&Acirc;&nbsp; Craig Musselman expressed concern that the &acirc;&euro;&oelig;beach people&acirc;&euro; would be gone prior to the public hearing.&Acirc;&nbsp; It was agreed that the hearing would be on October 9, 2013.&Acirc;&nbsp; The question then arose as to how many people would attend.&Acirc;&nbsp; Craig Musselman stated that this proposed ordinance is about permitting, not other issues including the separation of surfers and swimmers.&Acirc;&nbsp; He argued that the other issues are for a different forum.&Acirc;&nbsp; It will be out of order to address other issues at the hearing, he said.&Acirc;&nbsp; Whether there should be permits or not is fair game.<\/p>\n<p>Tyler McGill asked whether the public input would be taken into account.&Acirc;&nbsp; Joe Mills responded that it would be.<\/p>\n<p><span style=\"text-decoration: underline;\">Adjournment (62:50 elapsed)<\/span><\/p>\n<p>Whereupon the meeting adjourned at 7:12:05 p.m.<\/body><\/html><\/p>\n","protected":false},"excerpt":{"rendered":"<p>NOTES OF SEPTEMBER 18, 2013 BEACH USE ORDINANCE COMMITTEE Final Revision B &acirc;&euro;&ldquo; Provided by the Rye Civic League Committee members present (counter clockwise around table):&Acirc;&nbsp; Tom Farrelly, Katy Sherman, Bill Epperson, Del Record, Joe Mills, Mike LaBrie, Craig Musselman, Fire Chief Skip Sullivan (ex officio), Tyler McGill.&Acirc;&nbsp; Sitting in audience:&Acirc;&nbsp; Police Chief Kevin Walsh [&hellip;]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[12],"tags":[],"class_list":["post-1003","post","type-post","status-publish","format-standard","hentry","category-other-town-events"],"_links":{"self":[{"href":"https:\/\/ryecivicleague.org\/index.php?rest_route=\/wp\/v2\/posts\/1003","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/ryecivicleague.org\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/ryecivicleague.org\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/ryecivicleague.org\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/ryecivicleague.org\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=1003"}],"version-history":[{"count":4,"href":"https:\/\/ryecivicleague.org\/index.php?rest_route=\/wp\/v2\/posts\/1003\/revisions"}],"predecessor-version":[{"id":1036,"href":"https:\/\/ryecivicleague.org\/index.php?rest_route=\/wp\/v2\/posts\/1003\/revisions\/1036"}],"wp:attachment":[{"href":"https:\/\/ryecivicleague.org\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=1003"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/ryecivicleague.org\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=1003"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/ryecivicleague.org\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=1003"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}