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TOWN OF RYE - BOARD OF SELECTMEN

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					                  TOWN OF RYE - BOARD OF SELECTMEN
                                                                         Unapproved Minutes
                              MEETING                                    See meeting of 10/02/06
                                                                         For corrections/approval
                         MONDAY, SEPTEMBER 18, 2006
                                  6:30 p.m.
                            RYE PUBLIC LIBRARY

                                      MINUTES


I.     CALL TO ORDER AND PLEDGE OF ALLEGIANCE

       At 6:30 p.m., Chairman Mills calls the meeting to order.

       Selectmen present: Chairman Joseph Mills and Vice Chairman Priscilla Jenness.

       Selectman excused: Craig Musselman.

       Also present: Alan Gould, Town Administrator.

       The Chairman leads the Pledge of Allegiance.

II.    ANNOUNCEMENTS –None-

III.   APPROVAL OF MINUTES

       A.     Meeting, Tuesday, September 5, 2006, 6:30 p.m., Rye Library.

              Priscilla Jenness makes corrections to the minutes: Page 2, Para. 9, Line
              1, change “possible” to “possibly”; Page 4, Para. 2, Line 10, change
              “thing” to “things”; Page 4, VI, A. Line 13, change “Deers” to “Diers”;
              Page 5, VII, A, Para. 6, Line 1, change “incorporated” to
              “unincorporated”, Line 4, change “sledge” to “sludge”.

              Chairman Mills states that they will withdraw the corrections and table the
              approval of the minutes until a later date.

       A-1.   Non-Public Session, Tuesday, September 5, 2006, 7:45 p.m., Rye Library
              per RSA 91-A:3,II (e) Legal.

              Motion by Priscilla Jenness to approve. Second by Chairman Mills.
              All favored. Motion carries.

       B.     Meeting and Budget Work Session, Thursday, September 7, 2006,
              9:00 a.m., Town Hall Courtroom.

              Motion by Priscilla Jenness to approve. Second by Chairman Mills.
              All favored. Motion carries.

IV.    AGENDA ITEMS

       A.     Harbor Road Gate.
Selectmen’s Meeting, September 18, 2006
Page 2 of 6

             Peter Gordon, Harbor Road, speaks to the Selectmen about the Harbor
             Road gate at the McLaughlin property. He states that they have had an
             issue with plowing Harbor Road ever since the gate was installed at the
             McLaughlin property. He addressed the Board last year and he and the
             people that lived on Harbor Road asked the Town to grant authority to use
             the right-of-way to facilitate plowing Harbor Road and grant permission to
             turn the vehicles around.

             Peter Gordon states that the gate broke early in the snow season and was
             not replaced until May. Now that winter is coming again, the residents on
             Harbor Road are facing the same issue. He spoke to Mr. McLaughlin
             around September 10 and gave him copies of the letter that he, Peter
             Gordon, sent to the Board. He asked Mr. McLaughlin if he was planning
             on leaving the gate down over the winter, given the fact that it broke in the
             winter last year. Mr. McLaughlin stated that he was going to keep the gate
             down over the winter.

             Peter Gordon states that he does not know where to go next. He states that
             the Town wrote a letter to him stating that they couldn’t plow because of
             the gate. He states that they need to get Harbor Road plowed. He states
             that they could have a clicker to open and close the gate. Bud Jordan
             stated that that would not work for the Public Works Department. Peter
             Gordon would like the Town to reconsider his proposal to work the gate to
             solve this in an amicable way. He states that they need to have Harbor
             Road plowed.

             Chairman Mills states that the Town would plow Harbor Road if there
             were no obstacles on the road. He feels that clickers may not work on the
             road and then the plow trucks couldn’t back up. He states that they can
             ask Bud Jordan again.

             Priscilla Jordan states that they did have a concern that other safety
             vehicles would not be able to back up, such as a fire truck. There used to
             be a vacant lot where vehicles could turn around but now that is built up.

             Chairman Mills states that they will discuss the problem with Bud Jordan
             and will let Mr. Gordon know their decision.

V.    CORRESPONDENCE

      Chairman Mills makes a motion to make the Correspondence List a
      permanent part of the record with the Meeting Minutes. Second by Priscilla
      Jenness. All favored. Motion carries.

      A.     Letter from Cathy Goodmen, Senior Environmental Manager, DOT, rec’d
             9-12-06, re: Replacing Bridge over Seavey Creek.
             (A copy of the letter is attached to these minutes)
Selectmen’s Meeting, September 18, 2006
Page 3 of 6
             Alan Gould states that there will be a meeting on October 19 at the
             Seacoast Science Center

              Chairman Mills states that the Conservation Commission would like to
              have wooden bridge rather than a steel or metal bridge.

              Alan Gould states that anyone that has issues with the bridge can let him
              know and then he will fax the issues back to the DOT.

       B.     Letter from Eugene Ritzo, Rye resident, rec’d 9-12-06 re: Thanks to the
              Public Works Director and crew for their cleanup work after the storm on
              August 2nd.

              Chairman Mills reads the letter into the minutes:

              “On behalf of myself, my family, and other Rye residents I wish to
              convey, through your Board, our praise and thanks to Rye’s Public Works
              Director, Bud Jordan, and his outstanding crew for their prompt and hard
              work clearing and removing the town-wide tree damage suffered during
              the recent “storm surge” that hit throughout Rye.

              We all can be thankful for such municipal support.”

       C.     Letter from Andrea Keane, rec’d 9-11-06 re: Drainage issue, 59 Atlantic Ave.
              (A copy of the letter is attached to these minutes)

              Chairman Mills states that there will be a pipe put in. He asks Alan Gould to
              contact Bud Jordan and find out when there will be a pipe put in.

              Priscilla Jenness states that there is also an issue that the extended bluestone
              driveway and fill brought in to the Brennan lot has reduced the size of
              Wetland “A” and thereby increased the drainage pressure on the Keane
              property.

              Speaker (name unintelligible) asks about the fill.

              Alan Gould states that there are pictures and a sketch regarding the drainage
              issue.

       D.     Letter from Alan Smith, 47 Pine Street, rec’d 9-11-06 re: Recommendation
              to appoint Kevin Walsh as Chief of Police.

              Chairman Mills reads the letter into the minutes:

              “As a 30 year resident of Rye, I would like to submit a recommendation to
              appoint Kevin Walsh as Chief of Police.

              In my opinion, Mr. Walsh has demonstrated a high level of integrity and the
              ability to work with people to resolve issues in the most amicable fashion.
Selectmen’s Meeting, September 18, 2006
Page 4 of 6
             Selecting Walsh as Chief of Police is the best decision with the additional
             benefit of creating a more stable force by promoting from within.

              Clearly in his years of service to the town of Rye, he has performed his job
              to the highest level of police standards. His personality is an excellent fit
              for our unique town.”

       E.     Letter from Bill Downey, Portsmouth Kayak Adventures rec’d 8-29-06 re:
              Request for permission to “adopt” (clear and beautify) Foyes Corner Island.

              Chairman Mills reads the letter into the minutes:

              “We would like to formally request consideration from the town of Rye to
              permit Portsmouth Kayak Adventures Inc. to adopt the Foyes Corner Island.
              We would clear and beautify the area with flowers and present a small sign
              identifying PKA as the sponsor.

              Thank you for this consideration.”

              Chairman Mills states that it is state property and the town of Rye cannot give
              him permission. Also, it will be under construction and all torn up next spring.

              Dick Sherwin states that when he was up there working, they had a
              problem on Lafayette Road and everybody kept saying that it was state
              property and they couldn’t do anything – set any enforcements or
              anything. So Mr. Sherwin contacted the DOT and found out that the state
              has nothing to do with Lafayette Road. They own a right of passage they
              do not own one inch of that land nor do they own any land that is on Route
              1a. They only have rights of passage and rights to widen the road for
              safety.

              Chairman Mills states that that island is going to disappear.

              Dick Sherwin states that there is a concept in town that if it is a state road
              it is state property. This is not true, it is town property.

VI.    NEW BUSINESS

       A.     RTB Relay 9/16/06.

              Lt. Kevin Walsh reports on the relay. He states that the runners were in
              Rye from about 1:30 p.m. to 2:45 p.m. He states because of all the things
              that are going on during that time they will need to come up with a
              suitable area for next year. There are many vans following the runners in
              the relay and there are check points. Rye is the second to last stop on the
              relay. The race ends at 4:00 p.m. to 5:00 p.m. in Hampton. They will
              look at changing the route next year. They started out with 100 teams and
              ended up with 300 teams. The race is too big now and the stopping place
              will have to be changed.
Selectmen’s Meeting, September 18, 2006
Page 5 of 6
       B.    Parking at the car show.

             Chairman Mills states that he spoke to a gentleman about the parking at
             the car show. He feels that the first section of Lang Road should be
             blocked off. It is very narrow there and there were motorcycles stacked up
             along the road.

             Alan Gould states that they could put in diagonal white lines for 20 to
             thirty feet to prevent parking there.

             Chairman Mills states that is a good idea but they need to check with the
             state first.

VII.   OLD BUSINESS

       A.    Reconsideration of Abatement Request: Richard Sherwin, Map 010, Lot
             081, 1220 Washington Road. Appeal Hearing with Selectmen
             was held on June 27, 2006 and the file was tabled.

             Chairman Mills states that they did some research and they did not give
             him a definite answer that day. According to the application that he filed
             with the town requesting the abatement there are three steps to follow. He
             did two of the steps. They had until the 1st to deny the abatement and they
             took it under advisement on June 27th and according to the state RSA’s:
             he should have filed (a). No earlier than after receiving the municipality’s
             decision on the abatement application or (b). July 1st following the notice
             of tax if the municipality has not responded to the abatement application
             then he has no later than September 1st following the notice of the tax.
             The Selectmen did not notify him but according to the rules he, Mr.
             Sherwin, had until September 1st to file his abatement request with the
             state, which he failed to do.

             Dick Sherwin states that he was waiting for the answer from the
             Selectmen.

             Chairman Mills states that if he does not hear from the Selectmen then he
             has no later than September 1st following the tax notice to file with the
             state.

       B.    NHMA 2007-2008 Policy Recommendations (Corres I, 8-21-06 and Old
             Business A, 9-5-06).

             Chairman Mills states that Alan Gould is the town’s representative and
             will go to the meeting with the recommendations of the Board.

             Alan Gould states that there were a couple of recommendations pending:
             Numbers one and six.

             Chairman Mills states that he should listen to the discussions and then vote
             the way he feels.
Selectmen’s Meeting, September 18, 2006
Page 6 of 6

              Priscilla states that she does not have a recommendation for them until she
              listens to the discussions.

VIII. PUBLIC RECOGNITION –None-

IX.    OTHER BUSINESS –None-

7:10 p.m.
NON-PUBLIC SESSION

At 7:10 p.m., Chairman Mills calls for a motion to go into a Non-Public Session per
RSA 91-A:3,II (a) Personnel. So moved by Priscilla Jenness and second by
Chairman Mills. Roll call vote. All Ayes. Motion carries.

At 7:24 p.m., Chairman Mills calls for a motion to come out of the Non-Public
Session and return to the meeting. So moved by Priscilla Jenness and second by
Chairman Mills. Roll call vote. All Ayes. Motion carries.

ADJOURNMENT

At 7:25 p.m., there being no further business, Chairman Mills calls for a motion to
adjourn. So moved by Priscilla Jenness and second by Chairman Mills. All favored.
Motion carries.

Respectfully submitted,

Anne-Michele Scannell

				
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