{"id":545,"date":"2013-03-30T09:55:30","date_gmt":"2013-03-30T09:55:30","guid":{"rendered":"https:\/\/ryecivicleague.org\/?p=545"},"modified":"2024-06-20T05:25:24","modified_gmt":"2024-06-20T05:25:24","slug":"rcl-board-of-selectmen-march-11-2013-meeting-notes","status":"publish","type":"post","link":"https:\/\/ryecivicleague.org\/?p=545","title":{"rendered":"RCL Board of Selectmen March 11, 2013 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>Click here for printable version:&Acirc;&nbsp;<a href=\"https:\/\/ryecivicleague.org\/wp-content\/uploads\/2013\/03\/RCL-BOS-3-11-13-Meeting-Notes3.pdf\">RCL BOS 3-11-13 Meeting Notes<\/a><\/p>\n<p>&nbsp;\n<\/p>\n<p align=\"center\"><strong>NOTES OF MARCH 11, 2013 RYE BOARD OF SELECTMEN MEETING<\/strong><\/p>\n<p align=\"center\">Final Revision B &acirc;&euro;&ldquo; Provided by the Rye Civic League<\/p>\n<p>Present:&Acirc;&nbsp; Selectmen Jenness, Musselman and Mills.&Acirc;&nbsp; Also present:&Acirc;&nbsp; Michael Magnant, Cindi Gillespie.<\/p>\n<p><span style=\"text-decoration: underline;\">Approval of Minutes<\/span><\/p>\n<p>The minutes of the February 20, 2013 meeting were approved without changes.<\/p>\n<p><span style=\"text-decoration: underline;\">Seacoast Lacrosse, request to use Parsons Field<\/span><\/p>\n<p>Selectman Mills stated that the letter indicates that Lacrosse attendance is down.&Acirc;&nbsp; He asked why the Lang Corner or Recreation Field could not be used instead.&Acirc;&nbsp; The complaints are coming from use of the Parsons Field, he said.&Acirc;&nbsp; Selectman Musselman suggested that the matter be tabled, and the proponent asked to come to the March 25 meeting.&Acirc;&nbsp; <em>Editor&acirc;&euro;&trade;s note:&Acirc;&nbsp; the proponent came later in the meeting and the issue was again addressed, see below.<\/em><\/p>\n<p><span style=\"text-decoration: underline;\">Request for lantern release, DS Cancer Foundation<\/span><\/p>\n<p>Selectman Mills requested that this issue be taken out of order so that the proponents could leave.&Acirc;&nbsp; Alissa Del Tufo Shintzius spoke to the issue.&Acirc;&nbsp; They want to release lanterns on a Rye beach on April 19, 2013 from 7:00 to 9:00 p.m. to honor those that had lost their lives to cancer.&Acirc;&nbsp; <em>Editor&acirc;&euro;&trade;s note:&Acirc;&nbsp; see notes of September 10, 2012 meeting, referring to Selectman Jenness having discovered one of these devices on her lawn.&Acirc;&nbsp;&Acirc;&nbsp;&Acirc;&nbsp; <\/em>Ms. Shintzius stated that they planned to light up the lanterns and launch them.&Acirc;&nbsp; Selectman Jenness stated that she had brought one of these to a meeting 3-4 months ago.&Acirc;&nbsp; She stated that she had found it on her lawn.&Acirc;&nbsp; Selectman Musselman said &acirc;&euro;&oelig;of all of the peoples&acirc;&euro;&trade; yards.&acirc;&euro;&Acirc;&nbsp; Laughter ensued.&Acirc;&nbsp; Selectman Jenness remained serious and not amused throughout.&Acirc;&nbsp; She continued by stating that the wire rim was not biodegradable and could be bad for birds and aquatic life.<\/p>\n<p>Fire Chief Sullivan presented a document, and referring to the State Fire Marshall, stated that the lanterns were prohibited as they constituted an unattended fire.&Acirc;&nbsp; One had landed atop a gasoline tank at a race track in Loudon and another had caused a house fire in Ossipee.<\/p>\n<p>Selectman Musselman indicated that they had not known in advance about what Chief Sullivan was going to say.&Acirc;&nbsp; Selectman Jenness stated that this was not personal.&Acirc;&nbsp; Her husband had died of cancer.&Acirc;&nbsp; Selectman Mills stated that this &acirc;&euro;&oelig;state thing&acirc;&euro; throws a monkey wrench in this.&Acirc;&nbsp; Chief Sullivan stated that, if the lanterns were tethered they would be construed as controlled.&Acirc;&nbsp; This might be OK if allowed by the property owner.<\/p>\n<p>The discussion then turned to which beach Ms. Shintzius wanted to release the lanterns from.&Acirc;&nbsp; She responded that she had no preference.&Acirc;&nbsp; Selectman Mills stated that Sawyers is the only beach owned by the Town.&Acirc;&nbsp; Selectman Musselman stated that the tether would need to non-burnable.&Acirc;&nbsp; Selectman Jenness asked whether some of the persons attending would be from out of town.&Acirc;&nbsp; Ms. Shintzius affirmed.&Acirc;&nbsp; Selectman Jenness then stated that this might be a problem as the parking at Sawyers is by permit only.<\/p>\n<p>Selectman Mills moved to table the issue, which motion carried unanimously.<\/p>\n<p><span style=\"text-decoration: underline;\">Request to distribute literature on identity theft at Recycling Center<\/span><\/p>\n<p>Bob Sheesley addressed his request to pass out literature on February 23 and March 2.&Acirc;&nbsp; He has stacks of this government (FTC) book and wants to pass them out at the &acirc;&euro;&oelig;dump.&acirc;&euro;&Acirc;&nbsp; Selectman Mills corrected him, saying that it was the &acirc;&euro;&oelig;Recycling Center.&acirc;&euro;&Acirc;&nbsp; Mr. Sheesley continued, stating that identity theft is the fastest growing white collar crime.&Acirc;&nbsp; Selectman Musselman asked whether this was work related.&Acirc;&nbsp; Mr. Sheesley responded that he does work with Legal Shield. &Acirc;&nbsp;However he&acirc;&euro;&trade;s not planning on selling anything at the Recycling Center.<\/p>\n<p>Selectman Musselman responded that this should be acceptable as long as there is not a sticker on the document.&Acirc;&nbsp; Anything else would be canvassing for a business at a public facility.&Acirc;&nbsp; Allowing the Girl Scouts to sell cookies is about as far as they have gone.&Acirc;&nbsp; Selectman Mills and Public Works Director McCarthy stated that they did not have a problem.&Acirc;&nbsp; Mr. McCarthy stated, however, that there were other things scheduled for the 23<sup>rd<\/sup>.&Acirc;&nbsp; The conflict would need to be resolved.&Acirc;&nbsp; Police Chief Kevin Walsh stated that he had no objection.&Acirc;&nbsp; He would stop by to check it out.<\/p>\n<p>The motion to approve passing out the literature passed unanimously.&Acirc;&nbsp; Selectman Mills stated that he got better results than the other two.&Acirc;&nbsp; <em>Editor&acirc;&euro;&trade;s note:&Acirc;&nbsp; see below regarding Cub Scout and Girl Scout sales on the same date.<\/em><\/p>\n<p>Fire Chief Sullivan joked that his wife&acirc;&euro;&trade;s identify had been stolen.&Acirc;&nbsp; She is not the same woman he had married 44 years ago.<\/p>\n<p><span style=\"text-decoration: underline;\">Address change request from Guytons<\/span><\/p>\n<p>This is a request to change an address from Ocean Blvd. to South Rd.&Acirc;&nbsp; Mr. Magnant stated that the driveway is on South Rd.&Acirc;&nbsp; Selectman Musselman asked whether there were any issues with the mail.&Acirc;&nbsp; Selectman Mills responded that there is no mail delivery in that area.&Acirc;&nbsp; Fire Chief Sullivan stated that the issue had been cleared with the 911 Bureau.&Acirc;&nbsp; The motion to change the Guytons&acirc;&euro;&trade; address from 2491 Ocean Blvd. to 4 South Rd. carried unanimously.&Acirc;&nbsp; Mr. Magnant stated that the record should show that the Public Safety departments have reviewed the issue and approved it.<\/p>\n<p><span style=\"text-decoration: underline;\">Acceptance of $4493.60 in funds for Fire Department<\/span><\/p>\n<p>Chief Sullivan stated that this a large pool involving rescue swimmer training at Hampton Harbor.&Acirc;&nbsp; The motion to accept the funds carried unanimously.<\/p>\n<p><span style=\"text-decoration: underline;\">Acceptance of funds from Cibrowski Assoc. and Phil Winslow for warrant article signs<\/span><\/p>\n<p><em>Editor&acirc;&euro;&trade;s note:&Acirc;&nbsp; These donations are apparently related to the signs authorized by the Heritage Commission for Article 4 (Town Hall) and Article 6 (Goss Farm Barn).&Acirc;&nbsp; These appeared on many lawns throughout the Town prior to the March 12, 2013 election.<\/em>&Acirc;&nbsp; Selectman Mills indicated that bills for the signs were attached.&Acirc;&nbsp; Separate motions to accept $250 from Cibrowski Assoc. and $100 from Phil Winslow carried unanimously.<\/p>\n<p><span style=\"text-decoration: underline;\">Change in mileage reimbursement rate<\/span><\/p>\n<p>It was disclosed that the IRS has increased its standard mileage rate to 56.5 cents.&Acirc;&nbsp; Selectman Mills asked how much was being paid out annually, now that there are several town cars.&Acirc;&nbsp; Ms. Gillispie stated that employees sometimes use their own cars.&Acirc;&nbsp; She doesn&acirc;&euro;&trade;t come into Town to get a car when she drives to Concord from her home in Rochester.&Acirc;&nbsp; Police Chief Kevin Walsh stated that the Animal Control officer uses his own car.&Acirc;&nbsp; Fire Chief Sullivan stated that the Lifeguard Supervisor also uses his own car.&Acirc;&nbsp; The motion to approve the new rate carried unanimously.<\/p>\n<p><span style=\"text-decoration: underline;\">Wallis Sands Half Marathon<\/span><\/p>\n<p>Police Chief Kevin Walsh stated that this will be the third year for this race.&Acirc;&nbsp; He will personally be doing the detail as this is the same day as the event for Chief Maloney.&Acirc;&nbsp; <em>Editor&acirc;&euro;&trade;s note:&Acirc;&nbsp; Greenland Police Chief Maloney was killed in 2012 in a<\/em> <em>shootout arising out of a drug raid in Greenland.&Acirc;&nbsp; <\/em>Selectman Mills stated that<em> <\/em>there was quite a list of charities receiving about $4000 from the event.&Acirc;&nbsp; Chief Walsh stated that he generally &acirc;&euro;&oelig;kicks back&acirc;&euro; the applications if a charity is not listed, suggesting that the Board of Selectmen would not approve it.&Acirc;&nbsp; Selectman Musselman said that he did not have authority to do that, but it&acirc;&euro;&trade;s OK.&Acirc;&nbsp; The motion to approve the race carried unanimously.<\/p>\n<p><span style=\"text-decoration: underline;\">Pole Petition, 59 Central Rd.<\/span><\/p>\n<p>Public Works Director McCarthy stated that this would be adjacent to the stone wall at the cemetery.&Acirc;&nbsp; It would be the only pole on that side of the road, the rest of the poles are on the other side.&Acirc;&nbsp; It&acirc;&euro;&trade;s OK with him, but there might be an aesthetic issue.&Acirc;&nbsp; The proponent of the petition is coming in on Wednesday.&Acirc;&nbsp; He wanted to get a reading from &acirc;&euro;&oelig;you people.&acirc;&euro;<\/p>\n<p>Fairpoint will be responsible for this pole.&Acirc;&nbsp; It is being set for PSNH.&Acirc;&nbsp; Unfortunately, the pole will need to either go here or there will need to be a &acirc;&euro;&oelig;push pole&acirc;&euro; on the other side of the road.&Acirc;&nbsp; Selectman Musselman stated that both would be ugly.&Acirc;&nbsp; Mr. McCarthy stated that Portsmouth has required that there be no more push poles.&Acirc;&nbsp; A push pole would be more work for the utility and they might need permission from the abutter.<\/p>\n<p>Selectman Musselman joked that all of this was being done for Selectman Mills&acirc;&euro;&trade; TV viewing.&Acirc;&nbsp; Mr. McCarthy continued, stating that it was so the Super Bowl would not be interrupted.&Acirc;&nbsp; Selectman Jenness stated that she thought he had been watching &acirc;&euro;&oelig;Heidi&acirc;&euro; when the power went off.&Acirc;&nbsp; <em>Editor&acirc;&euro;&trade;s note: At this point, Police Chief Walsh whispered in my ear that the power was being upgraded everywhere, and that this had nothing to do with the jokes.&Acirc;&nbsp; Selectman Mills lives about 1.5 miles down Central Rd. from where the pole is to be placed.&Acirc;&nbsp; See also notes of May 29, 2012 meeting.&Acirc;&nbsp; Several representatives of PSNH had come to that meeting, at the request of Selectmen Mills.&Acirc;&nbsp; Mr. Mills stated at that meeting that his power had been interrupted during the Super Bowl, and that he had missed most of the game.&Acirc;&nbsp; <\/em>Selectman Musselman moved to authorize a pole in the location existing on the southwest side of Central Rd.&Acirc;&nbsp; The motion carried unanimously.<\/p>\n<p><span style=\"text-decoration: underline;\">Petition to Alter Highway Layout, Old Ferry Landing Rd.<\/span><\/p>\n<p>Mr. Magnant stated that no motion was needed, but that the Selectmen needed to sign a document.&Acirc;&nbsp; The record should show that the Town was being reimbursed for its expenses.&Acirc;&nbsp; Selectman Musselman said that he had thought that this was still in dispute.&Acirc;&nbsp; Mr. Magnant stated that a check had been received and deposited, although Mrs. Cavaretta had disputed the need to pay.&Acirc;&nbsp; Selectman Musselman asked whether this would only apply if the Town approves the warrant article.&Acirc;&nbsp; <em>Editor&acirc;&euro;&trade;s note:&Acirc;&nbsp; Warrant Article 12 which asked the Town to abandon the old roadbed passed in the election the day after this meeting.&Acirc;&nbsp; <\/em>Selectman Musslman and Mr. Magnant discussed the issue further and both agreed that, if the warrant article was voted down, the Town would own both locations.<\/p>\n<p><span style=\"text-decoration: underline;\">Appointments to the Historic District Commission<\/span><\/p>\n<p>The appointments of Tom King (as an alternate) and Paula Merritt (as a regular member) to the Historic District Commission were unanimously approved.&Acirc;&nbsp; Selectman Jenness stated that Chairman Phil Winslow had written a letter recommending both.<\/p>\n<p><span style=\"text-decoration: underline;\">Cub Scout Fundraiser and Girl Scout Cookie Sale, both on March 23 at Recycling Center&Acirc;&nbsp; <\/span><\/p>\n<p>Correspondence had been received from Jim Horgos, Cubmaster Pack 181, and from Kim Reed for Girl Scout Troop 12241.&Acirc;&nbsp; Both sought to conduct sales at the Recycling Center on March 23.&Acirc;&nbsp; <em>Editor&acirc;&euro;&trade;s note:&Acirc;&nbsp; Kim Reed is the Town Planning and Zoning Administrator.&Acirc;&nbsp; <\/em>Selectman Mills asked whether, since the Cubs were first whether they wouldn&acirc;&euro;&trade;t &acirc;&euro;&oelig;go with&acirc;&euro; that first.&Acirc;&nbsp; Selectman Jenness stated that the Girl Scouts have a two week window during which they sell.&Acirc;&nbsp; Public Works Director McCarthy, in apparent jest, asked whether is would be appropriate to allow the Girl Scouts and the Cub Scouts together.&Acirc;&nbsp; Selectman Musselman responded that there was a reason why there are separate groups.&Acirc;&nbsp; Mr. McCarthy stated that he imagined that both could be accommodated if &acirc;&euro;&oelig;you people&acirc;&euro; did not think it would be a problem.&Acirc;&nbsp; They would be appealing to different crowds.&Acirc;&nbsp; The Cub Scouts would be selling popcorn.<\/p>\n<p>Selectman Musselman joked that the popcorn would lose out.&Acirc;&nbsp; He continued that it was probably not a good idea to have both the same day.&Acirc;&nbsp; He asked whether Mr. McCarthy could talk to both groups and see if one could be shifted.&Acirc;&nbsp; Cindi Gillespie interjected that Kim Reed knew that there was another earlier request and that there might not be approval as the other had been first.&Acirc;&nbsp; Selectman Mills interjected that the best spot had been taken by the earlier group.&Acirc;&nbsp; <em>Editor&acirc;&euro;&trade;s note:&Acirc;&nbsp; see above regarding identity theft literature.&Acirc;&nbsp; <\/em>Mr. McCarthy asked, in apparent jest, whether they should be charging for spots.&Acirc;&nbsp; Selectman Jenness stated that that would solve the budget problems<em>.&Acirc;&nbsp; <\/em>Cindi Gillespie suggested that one be done in the morning and the other in the afternoon<em>.&Acirc;&nbsp; <\/em>Selectman Musselman made a motion to approve both requests, with the possibility that there might be a staggered schedule or an alternative date.&Acirc;&nbsp; In such case, one or the other of the groups could choose either of the following two Saturdays.&Acirc;&nbsp; The motion carried unanimously.<\/p>\n<p><span style=\"text-decoration: underline;\">Letter from Howard Fales, III regarding condition of home at 1647 Ocean Blvd.<\/span><\/p>\n<p>The letter stated that Mr. Fales had been mowing Mr. Tranberg&acirc;&euro;&trade;s lawn, but because of fear that the deck would collapse, would no longer be doing so.&Acirc;&nbsp; Mr. Magnant stated that Building Inspector Peter Rowell had been in touch with Mr. Tranberg, who is a street vendor in Boston.&Acirc;&nbsp; He had been given until the end of April to remove the deck.&Acirc;&nbsp; Mr. Magnant stated that the inside of the house is uninhabitable.&Acirc;&nbsp; Selectman Musselman asked whether the house was a hazard from a Public Safety standpoint.&Acirc;&nbsp; Fire Chief Sullivan stated that the building was closed up, and it could not be classified as a fire hazard.&Acirc;&nbsp; Selectman Jenness stated that the house was tight to the outside.<\/p>\n<p><span style=\"text-decoration: underline;\">Letter from New Hampshire Department of Revenue Administration regarding Assessment Review<\/span><\/p>\n<p>Selectman Jenness read the letter.&Acirc;&nbsp; Part way through the reading, Selectman Mills made a motion to waive the reading of the letter.&Acirc;&nbsp; He appeared perturbed.&Acirc;&nbsp; <em>Editor&acirc;&euro;&trade;s note:&Acirc;&nbsp; Selectman Mills has been a vocal opponent of the new assessments.&Acirc;&nbsp; <\/em>The letter stated that the DRA had conducted a compliance review pursuant to N.H. RSA 21-J:11-a and RSA 21-J:14-b, I(c), and that the Town had been found to be in compliance.<\/p>\n<p><span style=\"text-decoration: underline;\">Mike LaBrie letter:&Acirc;&nbsp; not seeking reappointment to Beach Commission <\/span><\/p>\n<p>Selectman Jenness stated that an additional letter had come in that night, stating that Mr. LaBrie would not be seeking reappointment to the Beach Commission.&Acirc;&nbsp; The letter spoke about improved signage, partnership with the Fire Department, and the permit process.&Acirc;&nbsp; It stated that he hoped that the committee formed would seek the right balance.&Acirc;&nbsp; <em>Editor&acirc;&euro;&trade;s note:&Acirc;&nbsp; Warrant Article 15, which, in its initial form<\/em> <em>would have required the Board of Selectmen to approve the usage of Town beaches by businesses, or for events, was amended at the 2013 Deliberative Session.&Acirc;&nbsp; The amendment required only a study prior to the drafting of any legislation.&Acirc;&nbsp; Warrant Article 15 passed, the day after this meeting, by a 590-487 vote.&Acirc;&nbsp; <\/em>After the letter was read, Selectman Musselman expressed his appreciation to Mr. LaBrie, who was in the audience.&Acirc;&nbsp; Selectman Mills stated that he had discussed the possibility of a one year term with Mr. LaBrie to help them get through Article 15.&Acirc;&nbsp; He said that Mr. LaBrie had not absolutely said no.&Acirc;&nbsp; He suggested that they not accept the resignation, but rather reappoint Mr. LaBrie for one year.<\/p>\n<p>Mr. LaBrie then stated that he understood the politics regarding the Committee.&Acirc;&nbsp; Skip (referring to Fire Chief Sullivan) could pick up the lifeguard issues.&Acirc;&nbsp; As long as he did not have to chair the Committee, it might be OK.<\/p>\n<p>Selectman Musselman suggested that they wait and see how the Town voted.&Acirc;&nbsp; If it is voted down there will not be a new initiative.&Acirc;&nbsp; The signs are catchy, saying &acirc;&euro;&oelig;Live Free Outside,&acirc;&euro; Selectman Musselman said.&Acirc;&nbsp; <em>Editor&acirc;&euro;&trade;s note:&Acirc;&nbsp; Tom Sherman, one of the two state representatives for Rye and New Castle, had been distributing signs, which appeared on many residents&acirc;&euro;&trade; lawns prior to the election.&Acirc;&nbsp; These read &acirc;&euro;&oelig;Live Free Outside, Vote no on Articles 14 and 15&acirc;&euro;&Acirc;&nbsp; Article 14, making single file bicycling ordinance permanent, narrowly passed 554-537.&Acirc;&nbsp; <\/em><\/p>\n<p><em>&Acirc;&nbsp;&Acirc;&nbsp;&Acirc;&nbsp;&Acirc;&nbsp;&Acirc;&nbsp;&Acirc;&nbsp;&Acirc;&nbsp;&Acirc;&nbsp;&Acirc;&nbsp;&Acirc;&nbsp;&Acirc;&nbsp; <\/em>Fire Chief Sullivan said that Mr. LaBrie had been an aggressive Chairman of the Beach Commission.&Acirc;&nbsp; They had worked hand and glove on the beach.&Acirc;&nbsp; The lifeguard hiring would not need to necessarily be done by the Beach Commission in the future.<\/p>\n<p>Selectman Musselman asked whether others were willing to step up.&Acirc;&nbsp; Mr. LaBrie stated that &acirc;&euro;&oelig;Ed&acirc;&euro; had agreed, but his wife had passed away after he came onto the board.&Acirc;&nbsp; &acirc;&euro;&oelig;Peter&acirc;&euro; was not interested.&Acirc;&nbsp; <em>Editor&acirc;&euro;&trade;s note:&Acirc;&nbsp; These are apparent references to Ed Mallen, whose term expires in 2014, and Peter Kane, whose term expires in 2015.&Acirc;&nbsp; Mr. LaBrie&acirc;&euro;&trade;s term expires this year.<\/em><\/p>\n<p><em>&Acirc;&nbsp;&Acirc;&nbsp;&Acirc;&nbsp;&Acirc;&nbsp;&Acirc;&nbsp;&Acirc;&nbsp;&Acirc;&nbsp;&Acirc;&nbsp;&Acirc;&nbsp;&Acirc;&nbsp;&Acirc;&nbsp; <\/em>Selectman Mills stated that it would be tough for someone new.&Acirc;&nbsp; Selectman Musselman suggested a one year extension.&Acirc;&nbsp; Although no vote was taken, it appeared that Mr. LaBrie was amenable to a one year extension.&Acirc;&nbsp; Fire Chief Sullivan stated that he was convinced that Selectman Mills could sell freezers in the Antarctic.<\/p>\n<p><span style=\"text-decoration: underline;\">Discussion regarding recent storms<\/span><\/p>\n<p>Mr. Magnant expressed thanks for the outstanding job that the Police and Fire Departments had done in recent storms.&Acirc;&nbsp; Police Chief Walsh stated that the State DOT had also done a fantastic job.&Acirc;&nbsp; The Town had found out Friday that there was no front end loader at the garage.&Acirc;&nbsp; It had taken some time to get the equipment, which had been stationed elsewhere.&Acirc;&nbsp; Before the equipment arrived, guys had been out with shovels and barrels.&Acirc;&nbsp; <em>Editor&acirc;&euro;&trade;s note:&Acirc;&nbsp; this is an apparent reference to gravel and small rocks that the waves had knocked off of the shale piles along Ocean Blvd.&Acirc;&nbsp; After the storm, a front end loader was observed scraping the gravel and rocks off of the roadway and shoulder and lifting it back onto the shale pile.<\/em>&Acirc;&nbsp; Fire Chief Sullivan stated that the State Emergency Management group had put pressure on DOT.<\/p>\n<p>Mr. Magnant also indicated that plowing had been ongoing for 24-30 hours at a time.&Acirc;&nbsp; An outstanding job had been done on that.&Acirc;&nbsp; Kim Reed had also done an outstanding job of posting information on the Town website.<\/p>\n<p><span style=\"text-decoration: underline;\">New Assessor<\/span><\/p>\n<p><em>Editor&acirc;&euro;&trade;s note:&Acirc;&nbsp; Assessor Norm LeBlond has recently indicated that he would be resigning.&Acirc;&nbsp; <\/em>Mr. Magnant requested that, in addition to considering a contract assessor, that the Town also consider a part-time assessor.&Acirc;&nbsp; He has had discussions with Greenland regarding a combination.&Acirc;&nbsp; While this wouldn&acirc;&euro;&trade;t work right now given the end of the terms, contractors have been a revolving chair.&Acirc;&nbsp; He knows that the Board of Selectmen don&acirc;&euro;&trade;t like employees on the payroll, but a part-time assessor might be better than having a contractor.<\/p>\n<p>Selectman Musselman stated that the last two individual assessors had been from elsewhere, and did not know the town.&Acirc;&nbsp; There has not been much stability in the last 3 years.&Acirc;&nbsp; There is currently an RFP out for a contract assessor, he said.<\/p>\n<p>Mr. Magnant suggested that they advertise for a part-time assessor.&Acirc;&nbsp; Then, both options can be looked at.&Acirc;&nbsp; Last time there were only 4 responses to the RFP, and one of those (MRI) had declined.&Acirc;&nbsp; Selectman Musselman joked that, if MRI had been selected, a certain house on Washington Rd. would have had its assessment go way down.&Acirc;&nbsp; Mr. Magnant said that Norm LeBlond had typically worked 3-4 days a week.&Acirc;&nbsp; Selectman Musselman asked about his hourly rate.&Acirc;&nbsp; Mr. Magnant responded that it was $47.&Acirc;&nbsp; Selectman Musselman stated that that was higher than what a salary would be, but not inordinate.&Acirc;&nbsp; That&acirc;&euro;&trade;s a low rate for a contractor, and probably reflects the lack of overhead for Mr. LeBlond.<\/p>\n<p><span style=\"text-decoration: underline;\">Enforcement actions 51 Fairhill and Pizza Shop adjacent to Summer Sessions<\/span><\/p>\n<p>Mr. Magnant stated that Town Attorney Donovan had requested that the Board of Selectmen approve these enforcement actions before he proceeds.<\/p>\n<p>With regard to 51 Fairhill, Mr. Magnant stated that the mother of the current owner had constructed a small kitchen.&Acirc;&nbsp; The complaint was that the property had been turned into a duplex.&Acirc;&nbsp; There was an enforcement letter, the Board of Adjustment had denied the variance, and appeals had been turned down.&Acirc;&nbsp; <em>Editor&acirc;&euro;&trade;s note:&Acirc;&nbsp; See minutes of February 7, 2013 meeting of the Zoning Board of Adjustment.&Acirc;&nbsp; <\/em>Selectman Jenness stated that it was important to follow up.<\/p>\n<p>Mr. Magnant stated that the pizza shop at Summer Sessions had expanded into the parking lot.&Acirc;&nbsp; There had been a request for a site plan, and the pizza shop had indicated that they would not be complying.&Acirc;&nbsp; Selectman Jenness stated that this would create difficulties with parking.&Acirc;&nbsp; Mr. Magnant stated that there were concerns regarding people in wetsuits and surfers crossing the road.&Acirc;&nbsp; Selectman Mills stated that this had gone to the Planning Board, which had allowed the usage though the rest of the summer.<\/p>\n<p>Mr. Magnant continued, stating that Attorney Donovan was ready, and that he had been in the loop.<\/p>\n<p>Selectman Mills stated that the ZBA had denied the variance at the Fairhill Ave. property.&Acirc;&nbsp; There was no question about that one.&Acirc;&nbsp; On the other one, another letter should be sent.&Acirc;&nbsp; Selectman Musselman asked whether a time certain had been given for response.&Acirc;&nbsp; Mr. Magnant stated that there was a deadline of Friday, March 15.&Acirc;&nbsp; He stated that they would revisit after the 15<sup>th<\/sup> based on the response.<\/p>\n<p><span style=\"text-decoration: underline;\">Liquor Commission letter regarding Jenness Beach Pizza and Grill<\/span><\/p>\n<p>Mr. Magnant stated that a letter had been received from the New Hampshire Liquor Commission regarding this establishment, which is a new use for the Rye General Store.&Acirc;&nbsp; The Board of Selectmen have an opportunity to file comments.&Acirc;&nbsp; Selectman Jenness stated that the issue was supposed to be coming before the Planning Board the following night, but had been withdrawn.&Acirc;&nbsp; She has a feeling that they may be revising the plans.&Acirc;&nbsp; At last month&acirc;&euro;&trade;s Planning Board meeting there had been a lot of opposition.<\/p>\n<p>Police Chief Walsh stated that he had asked Kim Reed to pull the file.&Acirc;&nbsp; Since he had been with the Town the place had only served breakfast and lunch.&Acirc;&nbsp; The proposed use would include evening service.&Acirc;&nbsp; They could be serving hard liquor as well.&Acirc;&nbsp; Selectman Jenness stated that the plans &acirc;&euro;&oelig;gutted&acirc;&euro; the General Store.&Acirc;&nbsp; The seats would be expanded from 24 to 60.&Acirc;&nbsp; The 24 seats had barely gotten approval due to the parking.&Acirc;&nbsp; Selectman Musselman asked, in apparent jest, whether they were planning to run shuttle buses.&Acirc;&nbsp; Police Chief Walsh stated that, in his opinion, this would be changing the use.&Acirc;&nbsp; He would be happy to write a response stating that the Town is objecting.<\/p>\n<p>Selectman Mills commented about the Wildflowers Caf&Atilde;&copy;.&Acirc;&nbsp; They had wanted to have a bar there.&Acirc;&nbsp; The neighbors had &acirc;&euro;&oelig;come unglued&acirc;&euro; and it was turned down.&Acirc;&nbsp; He asked whether a 21 year old lying in the sun after 5-6 mixed drinks might overtax the lifeguards.<\/p>\n<p>Selectman Musselman asked about issues with Peteys, particularly with regard to parking.<\/p>\n<p>Chief Walsh responded that they had arrested people for DWI coming out of there, as they have everywhere.&Acirc;&nbsp; He is concerned, as is Selectman Mills, about opening up the issue, apparently referring to the establishment of a precedent.<\/p>\n<p>Selectman Jenness expressed a concern about trash from the establishment making its way onto the beach.&Acirc;&nbsp; Although there would be trash barrels, people wouldn&acirc;&euro;&trade;t carry trash back across the road, due to the traffic.<\/p>\n<p>Mr. Magnant asked that he and Chief Walsh be permitted to put together a response.<\/p>\n<p>Selectman Musselman stated that the Liquor Commission could act before the Town does.&Acirc;&nbsp; Selectman Mills stated that, in the past, the Liquor Commission had taken a dim view of the input from towns.<\/p>\n<p><span style=\"text-decoration: underline;\">Pole Petition, Ocean View Dr.<\/span><\/p>\n<p>Mr. McCarthy stated that this request is for a pole on the opposite side of the road from the others.&Acirc;&nbsp; They are trying to avoid this.&Acirc;&nbsp; He asked that the issue be permanently tabled.&Acirc;&nbsp; A motion to do so carried unanimously.<\/p>\n<p><span style=\"text-decoration: underline;\">Concrete steps, 32 Old Beach Rd.<\/span><\/p>\n<p>Mr. Magnant stated that Mr. Frost, the property owner, had concerns about liability for his part of the property.&Acirc;&nbsp; Town Attorney Donovan had looked at the issue.&Acirc;&nbsp; It turned out that he was familiar with the steps as they came about as a result of another action against the Town that included Mr. Frost&acirc;&euro;&trade;s parents.&Acirc;&nbsp; The settlement was that the property owner was supposed to build steps.&Acirc;&nbsp; The owner had not done so, the Town did.&Acirc;&nbsp; The e-mail that he received suggested that responsibility for maintenance runs to the owner.<\/p>\n<p>Selectman Musselman asked whether creation of a municipal trail might resolve the problem.&Acirc;&nbsp; Selectman Jenness asked about the distinction between a municipal trail and an easement.&Acirc;&nbsp; Mr. Magnant suggested that a revocable trust be created, and that that would grant the easement.&Acirc;&nbsp; Selectman Musselman stated that walking access to the beach is needed there.&Acirc;&nbsp; He is not sure that making it revocable would be OK.&Acirc;&nbsp; Selectman Mills stated that the Jenness Beach District admitted that they had put the stairs in.&Acirc;&nbsp; He asked why the other taxpayers were involved.&Acirc;&nbsp; Selectman Jenness stated that the action of the ocean had removed the railing, or at least made it weak.<\/p>\n<p>Selectman Musselman suggested that they ask Mr. Crapo why the Jenness Beach District can&acirc;&euro;&trade;t own this land.&Acirc;&nbsp; The Rye Beach District owns land.&Acirc;&nbsp; <em>Editor&acirc;&euro;&trade;s note:&Acirc;&nbsp; Randy Crapo is a Commissioner of the Jenness Beach Village District.&Acirc;&nbsp; <\/em>Selectman Jenness stated that it&acirc;&euro;&trade;s different for Rye Beach.&Acirc;&nbsp; Selectman Musselman stated that there may be a different statute for the Jenness Beach District, but it doesn&acirc;&euro;&trade;t say that they cannot own land.<\/p>\n<p>Mr. Magnant stated that if they decide to go with a municipal trail a town vote would be needed.&Acirc;&nbsp; Selectman Musselman stated that the property owner has a valid concern that he should not be liable if a member of the public using the stairs has a claim.<\/p>\n<p><span style=\"text-decoration: underline;\">Further on Seacoast Lacrosse<\/span><\/p>\n<p>Chuck Allen, having arrived after the earlier discussion, addressed the Board of Selectmen.&Acirc;&nbsp; Selectman Mills asked Mr. Allen whether he was the same Chuck Allen whose name he had seen on e-mails regarding surfing.&Acirc;&nbsp; <em>Editor&acirc;&euro;&trade;s note:&Acirc;&nbsp; This is possibly a reference to e-mails regarding 2013 warrant article 15.&Acirc;&nbsp; <\/em>Mr. Allen responded<em> <\/em>he was not, but acknowledged that he might have been on an e-mail list.&Acirc;&nbsp; He wasn&acirc;&euro;&trade;t necessarily agreeing with what was being said.&Acirc;&nbsp; Selectman Mills indicated that one of the e-mails had referred to him as a &acirc;&euro;&oelig;white, old, rich dude.&acirc;&euro;&Acirc;&nbsp; Mr. Mills stated that he is not rich.<\/p>\n<p>Selectman Mills stated that complaints had been received from neighbors on both sides of Parsons Field.&Acirc;&nbsp; He asked why they could not use the fields at Langs Corner or the Recreation Area.<\/p>\n<p>Mr. Allen replied that they do, and that the field at Rye Junior High is used as well.&Acirc;&nbsp; The Recreation Area field is very limited as to the times that they can use.&Acirc;&nbsp; Last year, it was not possible to use it until the end of April due to the grass condition.<\/p>\n<p>Selectman Musselman asked whether, every time that they use Parsons Field, the Recreation Area field is unavailable.&Acirc;&nbsp; Mr. Allen replied that they use the rectangular fields when they are available.&Acirc;&nbsp; The Recreation Area has a great field.&Acirc;&nbsp; Selectman Musselman persevered, asking whether it would be possible to find a time when the Recreation Area field is free and Parsons Field is in use.&Acirc;&nbsp; Mr. Allen responded that he could not say that for sure as the fields are scheduled in advance.&Acirc;&nbsp; The order in which they try to schedule the fields is the Recreation Area, the school, and then Parsons.<\/p>\n<p>Selectman Musselman stated that he had been told that use of the Recreation Area fields had not been maximized for lacrosse.&Acirc;&nbsp; Their &acirc;&euro;&oelig;deal&acirc;&euro; was not to have an athletic field in a residential area.&Acirc;&nbsp; It should be used when the others are not available.<\/p>\n<p>Mr. Allen responded that that appeared to be a reasonable request.<\/p>\n<p>Selectman Musselman suggested that Recreation Director Lee Arthur look at the times.&Acirc;&nbsp; Selectman Mills stated that Parsons Field should be used the minimum number of times to avoid complaints.<\/p>\n<p>Mr. Allen stated that there had been no complaints in two years.&Acirc;&nbsp; There had been a complaint three years ago.&Acirc;&nbsp; High School Lacrosse has nothing to do with them.<\/p>\n<p>Public Works Director McCarthy stated that they put sawhorses there to avoid rutting.&Acirc;&nbsp; It was reseeded last year.&Acirc;&nbsp; It&acirc;&euro;&trade;s a springtime thing, due more to dogs than athletics.<\/p>\n<p>Selectman Musselman asked whether the Junior High field was OK.&Acirc;&nbsp; Mr. Allen responded that it was for younger kids, but that it was a smaller field and not regulation size.<\/p>\n<p>Selectman Mills asked about ledge outcroppings at Parsons Field.&Acirc;&nbsp; He is concerned about the kids tripping on the outcroppings.&Acirc;&nbsp; Mr. Allen stated that there is an old wall in the area.&Acirc;&nbsp; He keeps them away from that.<\/p>\n<p>Selectman Musselman made a motion to authorize use, with the proviso that it be coordinated with the Recreation Department and that the Recreation Area and Rye Junior High fields be used first.&Acirc;&nbsp; All in favor.<\/p>\n<p><span style=\"text-decoration: underline;\">Fire alarm wire abandonment<\/span><\/p>\n<p>Fire Chief Sullivan stated that fire alarm wires were in the way of the PSNH project.&Acirc;&nbsp; <em>Editor&acirc;&euro;&trade;s note:&Acirc;&nbsp; This is an apparent reference to the PSNH work being done in Town to improve the delivery of power and its reliability.<\/em>&Acirc;&nbsp; <em>See the notes of January 28, 2013 meeting.&Acirc;&nbsp; <\/em>The Town has no resources to take these wires down.&Acirc;&nbsp; Overtime would be required and they would have to borrow bucket trucks.&Acirc;&nbsp; The wires are two conductor connecting Town Hall and the DPW.&Acirc;&nbsp; They are now dead.&Acirc;&nbsp; He requests that they be permitted to work with the utility companies and Comcast.<\/p>\n<p>Selectman Mills asked who would get the money for the wire.&Acirc;&nbsp; Chief Sullivan responded that most of it was copper coated steel and of little value.&Acirc;&nbsp; The utilities can keep the wire, he said.<\/p>\n<p><span style=\"text-decoration: underline;\">Non-public session<\/span><\/p>\n<p>The Board of Selectmen voted to go into a brief non-public session.&Acirc;&nbsp; Selectman Musselman indicated that the purpose needed to be disclosed, and that it was for a personnel issue.<\/body><\/html><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Click here for printable version:&Acirc;&nbsp;RCL BOS 3-11-13 Meeting Notes &nbsp; NOTES OF MARCH 11, 2013 RYE BOARD OF SELECTMEN MEETING Final Revision B &acirc;&euro;&ldquo; Provided by the Rye Civic League Present:&Acirc;&nbsp; Selectmen Jenness, Musselman and Mills.&Acirc;&nbsp; Also present:&Acirc;&nbsp; Michael Magnant, Cindi Gillespie. Approval of Minutes The minutes of the February 20, 2013 meeting were approved [&hellip;]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[23,40,24,55],"class_list":["post-545","post","type-post","status-publish","format-standard","hentry","category-uncategorized","tag-bos","tag-bos-meeting-notes","tag-rcl","tag-rcl-notes-bos"],"_links":{"self":[{"href":"https:\/\/ryecivicleague.org\/index.php?rest_route=\/wp\/v2\/posts\/545","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=545"}],"version-history":[{"count":8,"href":"https:\/\/ryecivicleague.org\/index.php?rest_route=\/wp\/v2\/posts\/545\/revisions"}],"predecessor-version":[{"id":570,"href":"https:\/\/ryecivicleague.org\/index.php?rest_route=\/wp\/v2\/posts\/545\/revisions\/570"}],"wp:attachment":[{"href":"https:\/\/ryecivicleague.org\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=545"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/ryecivicleague.org\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=545"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/ryecivicleague.org\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=545"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}