TOWN OF RYE Unapproved Minutes See

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					Unapproved Minutes See Meeting 8/22/05 for corrections/approval TOWN OF RYE BOARD OF SELECTMEN Meeting, Monday, August 8, 2005 6:30 p.m., Rye Library MINUTES 6:30 p.m. I. CALL TO ORDER AND PLEDGE OF ALLEGIANCE At 6:30 p.m., Chairman Jenness calls the meeting to order. Selectmen present: Chairman Priscilla Jenness, Selectman Joseph Mills, and Selectman Craig Musselman. The Chairman leads the Pledge of Allegiance. II. III. ANNOUNCEMENTS APPROVAL OF MINUTES A. Meeting & Work Session, Thursday, July 21, 2005, 9:00 a.m., Town Hall. Motion by Craig Musselman to approve. Second by Joseph Mills. All favored. Motion carries. A-1. Non-Public Session, Thursday, July 21, 2005, 9:00 a.m., Town Hall per RSA 91-A:3,II (a) Personnel. Motion by Craig Musselman to approve. Second by Joseph Mills. All favored. Motion carries. B. Meeting, Monday, July 25, 2005, 6:30 p.m., Rye Library. Motion by Craig Musselman to approve. Second by Joseph Mills. All favored. Motion carries. B-1. Non-Public Session, Monday, July 25, 2005, 6:30 p.m., Rye Library per RSA 91-A:3,II (a) Personnel and (e) Legal. Motion by Craig Musselman to approve. Second by Joseph Mills. All favored. Motion carries. C. Meeting and Site Walk Tuesday, July 26, 2005, 4:00 p.m.

Selectmen’s Meeting 8/8/05.Unapproved Minutes. Page 2 of 10 Motion by Craig Musselman to approve. Second by Joseph Mills. All favored. Motion carries. IV. A. AGENDA ITEMS Public Works Pickup Truck – Bids Bids were received from Hillsborough Ford and Ron Currier Hilltop Chevrolet. The bids were opened and read and referred to Bud Jordan for his opinion. Note: Chairman Jenness reads the following bids into the minutes at the end of the meeting: Hillsborough Ford, Inc. They announced their bid for a 2006 Ford F250 Pickup Truck, built to specs and shown with a 9 foot Fisher Plow and a Mini Edge light bar installed. The price is $31,721. Ron Currier Hilltop Chevrolet Their price for a 2006 Fleet Non-Retail Chevrolet Silverado is $26,697.13. The options are listed separately: Full size light bar is $725; a 9 foot blade is $3520; timber (sp) front suspension is $625; and heated outside mirrors are $485. B. Parsons Field Application, Jaden’s Ladder, Children’s Festival, Saturday, 10-01-05. Oneta Bobbett, Program Director of Jaden’s Ladder addresses the Board. She explains the project. She states that they help with self-reliance of women and children and help them get back into the community. They help with obtaining housing for the families, supplemental income, and education for the woman. They help the children with such things as going to summer camp, ballet, and karate classes. They help the parents to become better parents and help them go into the work force so that they can become self-sufficient. October 1st will be the one year anniversary of the project. They started with helping a family with one adult and three children from out of state move into an apartment and the Rye community helped them with furniture, etc. It is a Rye based organization and to date they have helped 10 families. The event would be a children’s day event and it will be held on the one year anniversary of the project, which is also her son’s birthday. It will be family oriented and a carnival like atmosphere. The proceeds will go 100% to the families of Jaden’s Ladder.

Selectmen’s Meeting 8/8/05.Unapproved Minutes. Page 3 of 10 They will sell tickets to the event with a petting zoo, a fire truck on exhibition, etc. The rain date will be October 2. Ms. Bobbett states that last year there were 100 people attending and this year they expect 200 people including children. They are getting together with the insurance company to get a packet to Rye PD. The police will help with traffic control. Motion by Craig Musselman to approve pending receiving insurance confirmation. Second by Joseph Mills. All favored. Motion carries. C. Acceptance of Grant from the New Hampshire Department of Homeland Security for one APCO-25 complaint Portable Radio ($3000) for Police Department. (A copy of the letter from the NH Dept of Homeland Security is attached to these minutes) Chief Gould states that they have nine portable radios and this will make ten. Motion by Craig Musselman to accept. Second by Joseph Mills. All favored. Motion carries. V. CORRESPONDENCE Chairman Jenness makes a motion to make the Correspondence list a permanent part of the Meeting Minutes. Second by Joseph Mills. All Favored. Motion carries. A. Letter from Helen Hoffman, rec’d 08/02/05 re: Concerns about children’s nudity on the Beach. Chairman Jenness reads the letter into the minutes: “To: Rye Selectmen Re: Beach Policies It has been brought to my attention due to two incidents at Cable Beach, that there is no policy regarding nudity on the beach. The incidents involve two children three years old running around completely naked for two hours. The adult I spoke to said “to get away and don’t bring the lifeguard as I will tell him what to do”. When I consulted with the lifeguard he said he couldn’t do anything as there was no rule. He also asked how old the children were. I said “what does it matter, they are running around naked”. This morning I was on the beach at 8:30 and a young man had his little girl down at the water with a top but no bottom on. I asked him if he was

Selectmen’s Meeting 8/8/05.Unapproved Minutes. Page 4 of 10 going to complete dressing her when they went back to their chairs. He said “she doesn’t like to wear her bottom”. I nicely told him it wasn’t a good idea for her to be running around the beach exposed. He was polite but I know he didn’t agree with me. I called the town hall on Wednesday (I was tied up in work the other days) and spoke to the town manager who said he would consult with the police chief. He said he did not think there was a rule on nudity and I should send a letter to the selectmen. I am concerned for two reasons: one is the issue of pedophiles; the other is courtesy for those families who respect their privacy and themselves and do not let their children run around naked. I realize that modesty is a “thing of the past”; but we are not a NUDE beach and I believe that everyone on the beach should abide by that (even children). I hope this issue can be discussed and a decision can be made as to putting a rule in regarding nudity on the beach that extends to all persons using the beach. Sincerely, Helen Hoffman 466 Central Road Rye, NH 03870” Motion by Craig Musselman to take the letter under advisement and place it on file. Second by Joseph Mills for discussion. Chairman Jenness states that Helen Hoffman was concerned because of the incidents at Odiorne State Park. She asks what should be the cut off point as far as clothing was concerned. They do not have a rule. Victor Azzi states that there should be a cut off as to clothing but also as to age. Police Chief Gould states that there is an indecent exposure law which encompasses adults that are 17 or older. To commit a crime you have to be culpable and have intent. You can make a case for a fifteen or sixteen year old also. If they were called they could get the parents information and give the information to DCYF and say that there is not enough parental supervision of the child and this would go to inadequate parenting. So this issue is covered. There have not been other complaints regarding children. There has been a complaint of another gentleman at Odiorne that was wearing only a

Selectmen’s Meeting 8/8/05.Unapproved Minutes. Page 5 of 10 thong. They had to go out there and found that the gentleman was wearing a thong but it was not visible to the complainer. Chief Gould said that if someone were to call them then they would go out and talk to the parents and possibly make a referral to DCYF. All favored the Motion. Motion carries. B. Memorandum from Police Chief Alan Gould rec’d 08/03/05 re: School Traffic. (A copy of the memo is attached to these minutes) Joseph Mills asks if he checked with the safety officers about the school bus and the school bus drivers. Chief Gould states that if they implement the new rules for picking up and dropping off children at the Rye Junior High then there will not be gridlock. He said that memos will be sent out with the other school information. Chairman Jenness said the board is in agreement with the plan and thinks that it will work out better for the traffic. C. E-mail letter from Gary Mason, Library Director rec’d 08/02/05 re: Notification of his resignation as Library Director, effective August 12, 2005. Chairman Jenness reads the E-mail into the minutes: “Dear Selectmen: This is just a note to inform you that I have resigned my position as Library Director at the Rye Public Library effective August 12, 2005. I want to thank you for the support you have given the Library. I know it wasn’t easy to accept someone born and raised in the Bronx who remained a staunch NY Yankee fan, but you overcame what could have been fatal flaw in my character and made me feel very comfortable, as did the Rye townspeople. My special thanks go to John Moynahan and Nancy Weiand for their advice and friendship, Alan Gould for keeping the Library safe, and Bud Jordan for making sure the Library was well plowed. Best regards, Gary Mason Library Director

Selectmen’s Meeting 8/8/05.Unapproved Minutes. Page 6 of 10 Rye Public Library” A member of the audience states that she was upset that he was leaving. She said the library is very comfortable and inviting. VI. NEW BUSINESS A. Pirate’s Cove. Joseph Mills states that the Selectmen received a letter on July 21st from Pat Burns concerning drinking and surfing lessons at Pirate’s Cove. She called and was concerned about surfers in the swimming area at Pirate’s Cove. There was drinking on the beach in front of the Surf Club. She also complained about dogs running loose on the beach and was surprised when she found out that Rye does not have a leash law. She said people from other towns were bringing their dogs to Rye’s beaches. The Ordinance states that surfers must stay at least 50 feet away from lifeguard protected swimmers and swimming areas. Joseph Mills states that Jenness Beach is getting to be a problem. They are advertising surfing lessons. The surfers are overflowing to the other beaches and he is afraid that some of the swimmers will get hurt. There have also been questions at Cable Road about this. Chief Gould states that Ryan Wilburn (sp) from the State was talking about this problem. He met with the lifeguards and one of the Commissioners and told them that if it becomes an issue the police have the authority to close the beaches to surfers. The police can send them down to the fifty yard area south of the Eel Pond outlet. He met with the lifeguards and they said that generally when they whistle a surfer away they obey. Joseph Mills states that they are advertising lessons and the beaches are overflowing. He went to Sawyer’s beach and the parking lot was full. There were five cars with beach stickers, the rest all had roof racks and they were out of state cars. A member of the audience states that Pat Burn’s letter is ambiguous because it does not state when the dogs were on the beach or if the drinking was taking place when the lifeguards were there. Chief Gould states that every week they pull people out of the area of Pirate’s Cove for drinking alcohol. He said that generally they are college age kids. Joseph Mills states that Chief Gould should address Pat Burns’ letter.

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Chief Gould states that he would like people to call the police when the violations are happening so they can address the situation at the time. Chairman Jenness states that it is up to the State if they want to allow a surfing school at Jenness State Beach. If the surfers are sent to the 50 foot section of Rye’s beaches however it becomes a problem because there is not enough area to run a surfing school there. Chief Gould states that the local surfers state that the out-of-towners are wrecking it for everyone else.


Yard Sale Parking. Chairman Jenness states that people park on the side of the road and make a run for the merchandise on sale. Joseph Mills states that he had suggested that they issue sheets of paper like they do in York per order of the Police Department that says “no parking this side of the street” for people that have yard sales. Chief Gould states that he would like to have people apply for a permit to have a yard sale so the Police would know where the yard sales were and the Police could contact them to find out what they are doing about parking. He said that when people come in for a permit then they could receive the no parking signs that they have to put up on the other side of the street. Joseph Mills states that in order to do this they would have to have an ordinance and a public hearing on this. Chairman Jenness states that they should plan what they could do in the future because yard sales are everywhere this time of year. Craig Musselman asks what the Police do for cars parked in a “no parking” zone. Chief Gould states that they ticket the cars. Joseph Mills states that if they find a car parked in the crosswalk will the Police tow it. Chief Gould states that they would tow it if it was a safety issue. He states that he will tow cars but it has to be a safety issue because they are responsible for the cars that they tow.

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Chairman Jenness asks how much a Denver Boot costs. Chief Gould states that they cost about $500-$600. He said that Attorney Mike Donovan could put something together for the Town. They would have to change the Parking Ordinance and he suggests that they would target scofflaws. Chairman Jenness states that she is in favor of the Denver Boot. Joseph Mills states that he thinks the price is high. Chief Gould states that they cannot tow a scofflaw. Craig Musselman states that that is an argument for a Denver Boot. He thinks that the revenue will pay for the Boot. Chief Gould states that they brought in $26,000 in fines last year. They issued about 1200 to 1500 tickets. VII. OLD BUSINESS A. Traffic. Jane Holway states that she is still annoyed by the traffic going by her house on Washington Road. She states that the Police are in evidence and she appreciates it but it is still a problem. Chief Gould states that they have to have a presence. He states there are problems on Wallis, Washington, Sagamore, etc. He would like to get temporary signs in the middle of the road that say “30 MPH”. He said that signs on the side of the road become part of the landscape. He says that they use the trailer at different spots. They have to bring it in every ten days to get it charged. Victor Azzi states that it is an issue and is getting worse. He suggests small speed bumps. They need to deter people from using some of the roads such as Washington Road. They discussed possible signage such as flashing lights, portable stanchions, larger speed signs, and balloons on the signs such as in Boothbay Harbor. A member of the audience asks who sets the speed zones.

Selectmen’s Meeting 8/8/05.Unapproved Minutes. Page 9 of 10 Chief Gould states that they are set by the State through a traffic survey. They can petition the State to have a speed lowered. Bud Jordan states that normally class 4 or class 5 roads are at an issued speed – it should be the same from one end to the other. That can be changed depending on the dwellings in the area – an example is Washington Road. From the time you leave route 1 and get to Hunters Run there is a narrowing of the road and the stone walls are tighter to the road and the telephone poles are tighter to the road so 30 MPH is warranted. He agrees with Chief Gould that they should try larger signs, of course a lot of people would disagree saying that there are too many signs now. Joseph Mills states that the state determines what the road will accept. If you look at Lang Road the Rye end is 35 MPH and the Portsmouth end is 30 MPH. That was determined by the state. B. Breakfast Hill Landfill. Craig Musselman refers to a letter read approximately two weeks ago concerning the Breakfast Hill Landfill. He said that the good news was that they were going to allow reporting every other year. The bad news is that they have asked Rye to install some “gas wells” to investigate whether gas is moving off site below ground level. This has been an issue that has been discussed for a number of years and they sniffed the vents and have not found much, but that does not prove whether gas is moving through the soil or not. He is doing the engineering reports as a volunteer but he cannot drill “gas wells”. He was going to put together a budget for that for next year and present it at the next meeting. It is only a couple of thousand dollars and will probably be off set by lower engineering costs. He would have somebody come in in 2006 and drill a series of wells. If they don’t detect gas toward the church and toward the shopping center they are probably done. If they do detect gas then they will have to do something else. Joseph Mills states that $2,000 is a good investment. Craig Musselman states that he will try to do it so they don’t have to put in permanent wells that they have to keep testing for the next ten years. He would like to do it once and get their approval. He will put together the details about it. VIII. PUBLIC RECOGNITION –NoneIX. OTHER BUSINESS –None-

Selectmen’s Meeting 8/8/05.Unapproved Minutes. Page 10 of 10 ADJOURNMENT At 7:50 p.m., there being no further business, Chairman Jenness calls for a motion to adjourn. So moved by Craig Musselman and second by Joseph Mills. All favored. Motion carries. Respectfully submitted, Anne-Michele Scannell

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